SAN FRANCISCO STATE
2023
ANNUAL SECURITY REPORT
JEANNE CLERY DISCLOSURE OF CAMPUS
SECURITY POLICIES & CAMPUS CRIME
STATISTICS ACT (20 U.S.C. § 1092(F))
Clery Crime Statistics 2020-2022
2
Contents
San Francisco State Annual Security Report ............................................................................................ 5
Message from the Assistant Vice President & Chief of Police and Clery Director ............................ 5
Preparing the Annual Security Report .................................................................................................. 6
Clery Crime Statistics 2020 to 2022 ........................................................................................................... 9
San Francisco State Main Campus ........................................................................................................ 9
Unfounded Crimes ............................................................................................................................ 12
San Francisco State Downtown Center (Spear Street Location) ...................................................... 13
Unfounded Crimes ............................................................................................................................ 16
San Francisco State Estuary & Ocean Science Center ...................................................................... 17
Unfounded Crimes ............................................................................................................................ 20
Hate Crimes........................................................................................................................................ 20
Procedures for Students and Others to Report Criminal Actions or Other Emergencies on
Campus .................................................................................................................................................. 21
Daily Crime Log ................................................................................................................................. 24
Reporting Sex Offenses to University or Local Police ................................................................... 24
Campus Security Authorities ........................................................................................................... 24
Voluntary and Confidential Reporting ................................................................................................. 25
Crime of Violence Disclosures ............................................................................................................. 25
California Education Code section 67380(a)(6)(A) .............................................................................. 26
Timely Warning Policy .......................................................................................................................... 26
Additional Considerations ................................................................................................................ 27
Contents of a Timely Warning ......................................................................................................... 28
Methods of Distribution .................................................................................................................... 28
Emergency Notification Policy ............................................................................................................. 29
Contents of the Emergency Notification ......................................................................................... 30
Methods of Distribution .................................................................................................................... 30
Security of and Access to Campus Facilities, and Security Considerations for the Maintenance of
Campus Facilities .................................................................................................................................. 31
Systemwide Law Enforcement Policy, Law Enforcement Authority ................................................ 35
Administrative Agreement Between San Francisco State University Police, San Francisco
Police Department, San Francisco District Attorney’s Office, and the San Francisco
Department of Public Health ............................................................................................................ 37
Security Awareness and Crime Prevention Programs ...................................................................... 37
Crime Prevention Programs ............................................................................................................. 37
Monitoring and Recording Crime Activity at Noncampus Locations of Student Organizations ... 40
3
Possession, Use, Sale and Enforcement of Federal and State Alcohol and Drug laws .................. 41
Sexual Violence Prevention .................................................................................................................. 43
Training for Employees .................................................................................................................... 43
Prevention and Awareness Programming ...................................................................................... 44
Information About Campus Reporting, Adjudication, and Discipline Procedures ...................... 44
Risk Reduction ....................................................................................................................................... 47
Bystander Intervention ..................................................................................................................... 50
Prevention, Education, and Awareness Programs ......................................................................... 51
Written Notification ............................................................................................................................... 56
Supportive Measures ............................................................................................................................ 56
Reporting Options ................................................................................................................................. 61
Preservation of Evidence in Cases of Sexual Misconduct/Sexual Assault, Dating Violence,
Domestic Violence, or Stalking ............................................................................................................ 62
Protective Orders ................................................................................................................................... 62
Civil reporting options & protective orders .................................................................................... 63
Court-Ordered Restraining Orders .................................................................................................. 63
Emergency Protective Order (EPO) ................................................................................................. 63
Temporary Domestic Violence Restraining Order (TRO) .............................................................. 64
Criminal Protective Order (CPO) ...................................................................................................... 64
Civil Harassment Restraining Order ................................................................................................ 64
The CSU, Restraining Orders and Protective Orders ..................................................................... 64
Disciplinary Procedures ........................................................................................................................ 64
Applicable Procedures ...................................................................................................................... 66
The Track System .............................................................................................................................. 67
Standard of Evidence ........................................................................................................................ 68
Dismissal/Referral ............................................................................................................................. 68
Informal resolution ............................................................................................................................ 69
Investigation and Hearing for Track 1 ............................................................................................. 70
Investigation and Hearing (if applicable) for Tracks 2 and 3 ......................................................... 75
Sanctions ............................................................................................................................................ 78
Appeals ............................................................................................................................................... 79
Registered Sex Offenders ..................................................................................................................... 80
Missing Student Notification Procedures for On-campus Student Housing Facilities ................... 80
Fire Safety Report .................................................................................................................................. 82
Appendix A: Jurisdictional Definitions ................................................................................................ 83
4
Rape (CA Penal Code Chapter 1 Section 261) ................................................................................. 83
Sodomy (CA Penal Code Chapter 1 Section 286) ........................................................................... 84
Oral Copulation (CA Penal Code Chapter 1 Section 287) .............................................................. 86
Bigamy, Incest, and the Crime against Nature (CA Penal Code Chapter 1 Section 285 and
Section 289) ....................................................................................................................................... 89
Fondling (CA Penal Code Chapter 9. Section 243.4, Assault and Battery) ................................... 91
Statutory Rape (CA Penal Code, Chapter 1, Section 261.5) ........................................................... 93
Incest (CA Penal Code, Chapter 1, Section 285) ............................................................................. 93
Abuse: (CA Family Code, 6203 (definitions) and 6211) .................................................................. 93
Domestic Violence/Dating Violence (CA Penal Code, Chapter 2, Section 273.5 and Section 243)
............................................................................................................................................................ 94
CA Penal Code 243(e) ........................................................................................................................ 94
Stalking: CA Penal Code, Chapter 2, Section 646.9 ........................................................................ 94
Stalking: CA Penal Code, Chapter 2, Section 653m ....................................................................... 95
Consent to Sexual Activity (CA Penal Code, Chapter 1, section 261.6 and section 261.7) ......... 95
5
SAN FRANCISCO STATE ANNUAL SECURITY REPORT
Message from the Assistant Vice President & Chief of Police and Clery Director
Dear Campus Community Member,
On behalf of San Francisco State, we are pleased to present the SF State Annual Security Report,
which is compiled in compliance with the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act of 1998. Even given our urban setting, our campus is a relatively safe
place for people to live, learn and work. However, we are also not completely immune to crime or
violence.
The Clery Act is a federal law that provides transparency regarding campus crime and statistics.
Along with annual reporting of statistics regarding crimes committed on and around our campus,
it includes important information and disclosures about crime reporting, crime prevention, victims’
rights, and information campaigns that raise awareness of how we can create and maintain a
supportive campus community.
As members of the San Francisco State campus community, we all share the responsibility of
maintaining a safe and healthy environment. Your safety while at San Francisco State is the
primary concern of the University Police Department.
I hope you will read this report carefully and use the information to assist us in keeping our
community safe, because safety is a shared responsibility.
Thank you for your interest,
Reginald Parson
Assistant Vice President & Chief of Police
Division of Campus Safety
Hope Kaye
Director of Emergency Services & Clery
Division of Risk and Safety Services
6
Preparing the Annual Security Report
San Francisco State prepares the Annual Security Report (ASR) to comply with federal law,
specifically the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act (Clery Act). The Clery Act requires that all universities that participate in federal financial aid
programs provide their campus communities with the ASR, which contains crime statistic
information and important safety policies.
The SF State Clery Compliance Team was established in 2016 for the purpose of conducting
quarterly reviews of the University’s policies and procedures to ensure compliance with the Clery
Act. The Clery Compliance Team will adhere to applicable guidance related to the Clery Act in
accordance with the Office of Postsecondary Education (OPE) handbook and the Uniform Crime
Reporting Handbook to make certain that we are including all required disclosures in Annual
Security Report (ASR).
Additionally, the Clery Compliance Team will follow written procedures that clearly describe the
review process used to ensure that the University is reporting crime statistics consistently and
accurately in annual security reports. The Clery Compliance Team will also ensure that San
Francisco State fully implements CSU Executive Order 1107 in our institutional Clery compliance
efforts. For complete information on CSU Executive Order 1107, visit
https://calstate.policystat.com/policy/6590697/latest/
.
On a quarterly basis, the Clery Compliance Team will conduct a meeting to review the University’s
policies, procedures, and crime statistics with respect to Clery Act compliance in order to confirm
that such policies, procedures, and statistics are accurate, comprehensive and effective. On a
monthly basis, Clery Compliance Team working groups will convene to advance the projects and
initiatives as determined by the Clery Compliance Team and the Clery Director.
The Clery Director shall serve as the Clery Compliance Team leader. The Clery Compliance Team
leader shall be responsible for preparing and setting the agenda for the quarterly meeting,
coordinating monthly working group meetings, organizing trainings, and completing requisite
legal updates. To ensure complete compliance with the Clery Act, the Clery Compliance Team, in
conjunction with the office of University Counsel, will finalize any updates, changes, or revisions to
Clery Act policy and procedures in sufficient time to ensure inclusion in the ASR. The Clery
Director shall be responsible for confirming and ensuring that all approved, required and
necessary Clery Act policy and procedure statements are included and submitted for publication in
the ASR.
The members of the Clery Compliance Team will conduct a separate review of each Clery Act
compliance policy and procedure to determine whether it is current, comprehensive, effective, and
consistent with Clery Act requirements. Assigned Clery Compliance Team members will design
and draft any new policies or procedures that may be called for due to changes in law or the
outcome of any Clery Act investigations of findings during the preceding year and shall revise and
update the existing policies and procedures as may be necessary. This internal update of policies
and procedures shall include, but is not limited to, the following:
• Clery Act Geography/Campus Mapping
• Gathering, Reporting, and Validating Clery Crime statistics
• Identifying Campus Security Authorities (CSAs)
• Obtaining statistics from Local Law Enforcement
• Maintaining the Daily Crime and Fire Logs
7
• Emergency Response and Evacuation Procedures
• Timely Warning Policy and Procedures
• ASR Distribution Policy and Procedures
• ASR Policy Statements
• Web-based Data Submission to Education Department
• Missing Student Notification Policy and Procedures
• Fire Safety statistics
• Training Campus Security Authorities (CSAs)
• Drug Free Schools and Communities Act
• Notice of ASR and Access to ASR
The Clery Act reportable crime statistics for the University are collected and collated by
the Clery
Director, in consultation with Equity Programs & Compliance, Residential Life, Student Conduct and the
University Police Department
. The Executive Director for Equity Programs & Compliance, who is the
campus
Title IX Coordinator & DHR Administrator, maintains & reviews Clery Act crime statistics for
the Title IX office from incident reports submitted by Campus Security Authorities. The Assistant
Director of Residential Conduct and Support Supervisor manages & reviews Clery Act crime
statistics for Residential Life. The Manager for Student Rights and Responsibilities manages &
reviews Clery Act crime statistics for the Office of Student Conduct. The UPD Records Supervisor
manages & reviews Clery Act crime statistics for the UPD, as well as collecting Clery crime reports
completed by UPD Police Officers and crime reports provided to the UPD by our neighboring law
enforcement agencies. The University Police Department has established collaborative
relationships with our neighboring law enforcement agencies who readily provide us with relevant
information. The Clery Compliance Team will review the Clery Act reportable crime statistics on an
on-going basis for inclusion in the ASR.
Crime statistics are reported pursuant to the guidelines as specified in the Jeanne Clery Disclosure
of Campus Crime Policy and Campus Crime statistics Act, as defined under the FBI Uniformed
Crime Reporting procedures, and separated by the following geographical areas:
• On-Campus;
• On-Campus residence halls;
• Public Property adjacent to the University; and
• Non-Campus Property.
The following crimes must be reported:
• Murder/Non-negligent manslaughter
• Sex offenses: Rape; Fondling; Incest; Statutory Rape
• Domestic Violence
• Dating Violence
• Stalking
• Robbery
• Aggravated assault
• Burglary
• Motor vehicle theft
• Arson
8
Crimes are considered Clery reportable if they are 1) on Clery geography as defined above; 2) a
Clery crime as defined above; and 3) reported to a Campus Security Authority (“CSA”). As per
systemwide policy,
CSAs must promptly report allegations of Clery crimes that occur within a Campus’ Clery
Geography that are reported to them. A report may be a written or verbal disclosure made
by any person to the CSA, including information shared with the CSA by witnesses or
other third parties. CSA reports must include the following, if known: The crime that was
reported and the information provided, the exact location where the reported crime
occurred, The date and time the reported crime occurred, Any witness and perpetrator
information. Victim information, unless the victim requests confidentiality (Employees may
be required to share this information with other offices if they have responsibilities under
criminal incident to prevent over-reporting or “double-counting” of the incident.
(from CSU
EO 1107 “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act (the “Clery Act”)
In addition, the university must report arrests or disciplinary referrals for liquor, drug and weapons
law violations and hate crimes by classification. Statistics on campus disciplinary referrals are
collected from the offices of Residential Life and Student Conduct.
Members of the community may obtain a copy of the Annual Security Report at the University
Police Department lobby located at 1600 Holloway Avenue, San Francisco, CA 94132, by calling
415-338-7200, or by visiting the University Police Department’s website at
https://upd.sfsu.edu/sites/default/files/documents/2023_Annual_Security_Report_Final.pdf
Additionally, the website address for the report is included in the pay stubs of all faculty and staff.
All prospective employees may obtain a copy of the report from the office of Human Resources
located in room 252 of the Administration building or by calling 415-338-1872.
9
CLERY CRIME STATISTICS 2020 TO 2022
1
San Francisco State Main Campus
Murder/NonNegligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2020 0 0 0 0
2021
0
0
0
2022
0
0
0
Negligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Rape
Year
Campus Residential
Campus Total
Noncampus
2020
3
3
0
2021
3
3
0
2022
5
5
0
Fondling
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
3
6
0
2022
6
9
0
Incest
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
1
To the extent these statistics differ from statistics reported in previous years, these statistics reflect the most
current information available to the University.
10
Statutory Rape
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Robbery
Year
Campus Residential
Campus Total
Noncampus
2020
0
1
0
2021
0
1
0
2022
0
2
0
Aggravated Assault
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
2
3
0
Burglary
Year
Campus Residential
Campus Total
Noncampus
2020
11
26
0
2021
6
21
0
2022
4
18
0
Motor Vehicle Theft
Year
Campus Residential
Campus Total
Noncampus
2020
0
1
0
2021
0
0
0
2022
0
15
0
Arson
Year
Campus Residential
Campus Total
Noncampus
2020
0
1
0
2021
0
0
0
2022
1
2
0
11
Domestic Violence
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
9
10
0
2022
4
7
0
Dating Violence
Year
Campus Residential
Campus Total
Noncampus
2020
1
1
0
2021 0 0 0 0
2022
0
0
0
Stalking
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
10
27
0
2022
9
22
0
Arrests for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
1
0
2022
1
1
0
Arrests for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
1
1
0
2022
0
1
0
Arrests for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
12
Referrals to Disciplinary Action for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
1
0
2022
0
1
0
Referrals to Disciplinary Action for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
9
9
0
2022
58
67
0
Referrals to Disciplinary Action for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
1
0
2022
0
11
0
Unfounded Crimes
Year
Total
2020
2
2021
1
2022
0
13
San Francisco State Downtown Center (Spear Street Location)
Murder/NonNegligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Negligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Rape
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Fondling
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Incest
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Statutory Rape
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
14
Robbery
Year
Campus Residential
Campus Total
Noncampus
2020
0
1
0
2021
0
0
0
2022
0
0
0
Aggravated Assault
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Burglary
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
1
0
2022
0
1
0
Motor Vehicle Theft
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arson
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Domestic Violence
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
15
Dating Violence
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Stalking
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arrests for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arrests for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arrests for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Referrals to Disciplinary Action for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
16
Referrals to Disciplinary Action for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Referrals to Disciplinary Action for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Unfounded Crimes
Year
Total
2020
0
2021
0
2022
0
17
San Francisco State Estuary & Ocean Science Center
Murder/NonNegligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Negligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Rape
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Fondling
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Incest
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Statutory Rape
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
18
Robbery
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Aggravated Assault
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Burglary
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Motor Vehicle Theft
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arson
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Domestic Violence
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
19
Dating Violence
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Stalking
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arrests for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arrests for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Arrests for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Referrals to Disciplinary Action for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
20
Referrals to Disciplinary Action for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Referrals to Disciplinary Action for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2020
0
0
0
2021
0
0
0
2022
0
0
0
Unfounded Crimes
Year
Total
2020
0
2021
0
2022
0
Hate Crimes
The following hate crime statistics are compiled from:
Main Campus
2020 - There were no reported hate crimes.
2021 - There were two (2) hate crimes reported. One crime was a simple assault at the San
Francisco State Main Campus on campus property (Campus Total) with race bias. The other crime
was a vandalism incident that occurred in Campus Residential property with sexual orientation
bias.
2022 - There were two (2) hate crimes reported. One crime was a simple assault on campus
property (Campus Total) with sexual orientation and race biases. The other crime was a vandalism
incident that occurred in Campus Residential property with sexual orientation, ethnicity, and
religion biases.
Downtown Center
2020 - There were no reported hate crimes.
2021 - There were no reported hate crimes.
2022 - There were no reported hate crimes.
Estuary & Ocean Science Center
2020 - There were no reported hate crimes.
21
2021 -
There were no reported hate crimes.
2022 - There were no reported hate crimes.
A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally
selected because of the perpetrator’s bias against the victim. Hate crimes includes any offense in
the following group: murder and non-negligent manslaughter, sexual assault including rape,
fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft,
arson, larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property.
Bias is a preformed negative opinion or attitude toward a group of persons based on their race,
gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin.
Hate crime reporting is considered for all Clery geography including on-campus, residential
facilities, non-campus buildings or property, and public property.
Procedures for Students and Others to Report Criminal Actions or Other Emergencies on
Campus
Community members, students, faculty, staff and guests are encouraged to promptly and
accurately report (or as soon they are available) all potential criminal incidents and any
emergency, including medical emergencies to the University Police Department or the appropriate
law enforcement agency, when these victims of such crime elect or are unable to make such a
report. Upon receipt of the call, Officers are dispatched immediately to the site of the incident to
take the necessary action.
The University Police Department participates in student programs and new student orientations
and events on an ongoing basis throughout the year where information on campus safety and
how to promptly contact the UPD or local law enforcement agencies is provided. Additionally, we
encourage prompt reporting anywhere on campus you feel comfortable, such as to Student Affairs
& Enrollment Management staff or any campus administrator.
San Francisco State strives to create and maintain an environment for learning that promotes
respect for and appreciation of scholarship, freedom, human diversity and the cultural mosaic of
the City of San Francisco and of the greater Bay Area; promote excellence in instruction and
intellectual accomplishment and; provides broadly accessible higher education to the region and
state, as well as the nation and the world.
The University Police Department assists with delivering the University mission and strives to
create a safe environment conducive to academic excellence and student success. Even though the
University Police Department works closely with neighboring Police agencies and employs
security measures to reduce and prevent crime, we believe safety and security is everyone’s
responsibility and we need your assistance.
To minimize the number of criminal incidents on the Main Campus, caring and committed
Residential Life staff, professionally trained University police officers, students, and members of
the wider campus community participate in a number of shared responsibilities to ensure that the
campus community and their possessions are protected.
Campuses and Other Locations
San Francisco State is a community of more than 28,000 faculty, staff and students located in the
City and County of San Francisco. In addition to the Main Campus, San Francisco State maintains
22
two (2) separate campuses: a downtown teaching center and a research facility located in Tiburon,
California. Additionally, during the summer months San Francisco State also operates the Sierra
Nevada Field Campus, located 6 miles above Sierra City, California. While we do not employ
University police officers at these locations, we maintain a collaborative and reporting relationship
with the law enforcement agencies at these sites and will coordinate with the local law
enforcement agency if a security issue arises.
For Clery purposes, Sierra Nevada Field Campus is considered Noncampus property and any Clery
data will be included under ‘Noncampus’ section of Main Campus data tables. Staff are onsite
from mid-May to mid-August, and crime statistics requests are made to local law enforcement for
this reporting window.
Note: during 2021, Sierra Nevada Field Campus was closed and did not host any classes or
workshops due to Covid-19 restrictions.
San Francisco State Main Campus
• Located at 1600 Holloway Avenue, San Francisco, CA 94132
• 415-338-2222 to contact University Police Dispatch directly if urgent, 24/7
• 9-1-1 from any campus phone (dialing 9-1-1 from your cell phone will connect you to San
Francisco Police Department when in San Francisco who will forward the call to the
University Police Department upon request if you’re on campus property)
• Emergency (Blue light) direct connect emergency phones located various areas of San
Francisco State, can be used and you will be connected to University Police Dispatch
• Elevator phones are also available for assistance and they will connect you to University
Police.
• 415-338-7200 (UPD non-emergency line with phone tree options)
• 415-338-3030 (Anonymous Crime Tip line)
• Anonymous Tip Reporting - (via UPD website) can be filed at
https://upd.sfsu.edu/anonymous-tip-reporting
• UPD general e-mail address: [email protected] (Please do not report crimes or urgent matters
via e-mail)
San Francisco State Downtown Center Campus
• For reported years 2020-2021, Downtown Center Campus was located at 835 Market Street,
San Francisco, CA 94105 on the 5th and 6th floors
• In January 2022, San Francisco State Downtown Center Campus moved to 160 Spear
Street, San Francisco, CA 94105 on the 5
th
and 12
th
floors
• 415-553-0123 to report non-emergency situations to San Francisco Police Department
• 9-1-1 to report Life Threatening Emergencies or Crimes in-progress (to SFPD when in San
Francisco)
• SFPD Online Reporting options -
https://www.sanfranciscopolice.org/get-service/police-
reports/file-police-report
• SFPD Southern Station Website- https://www.sanfranciscopolice.org/stations/southern-
station
23
San Francisco State Estuary & Ocean Science Center
• Located at 3152 Paradise Drive, Tiburon, CA 94920
• 415-479-2311 to report non-emergency situations to the Marin County Sheriff Office
• 911 to report Life Threatening Emergencies or Crimes in progress (to Marin County Sheriff)
• Marin County Sheriff’s Office website-

San Francisco State Sierra Nevada Field Campus
• Located at 35400 State Hwy 49, Calpine, CA 96124
• 530-289-3700 to report non-emergency situations to the Sierra County Sheriff’s Office
• 911 to report Life Threatening Emergencies or Crimes in progress (to Sierra County Sheriff)
• Sierra County Sheriff’s Office website- https://www.sierracounty.ca.gov/298/Sheriff-Coroner
To Report a Crime to the San Francisco Police Department
• 911 to report Life Threatening Emergencies or Crimes in progress (within San Francisco)
• 415-553-0123 non-emergency situations
• SFPD Online Reporting options -
https://www.sanfranciscopolice.org/get-service/police-
reports/file-police-report
• Text-A-Tip - Procedure: Enter either TIP411 (847411) in the "To" field and the keyword SFPD
in the text field, followed by the message. (Complete instructions that follow.)
• Anonymous Tip via SFPD website -

Any suspicious activity or person seen on or inside campus property, in parking lots loitering
around vehicles, inside or around the Residence Halls, along with other possible criminal or urgent
maters should be promptly reported to the police department. In addition, you may report non-
emergency crimes to the following offices:
V.P. for Student Affairs & Enrollment Management;
415-338-2032, Student Services, Room 403
Associate Vice President & Dean of Students
415-338-3888, Student Services, Room 403
Executive Director Equity Programs & Compliance
415-338-2032, Student Services, Room 403
Student Conduct Administrator
415-338-2032, Student Services, Room 402
Director of Residential Life
415-338-1822, Mary Ward Hall, Office #6
Director, Counseling & Psychological Services Center
415-338-2208, Student Services, Room 205
Human Resources
415-338-1872, Administration, Room 252
24
Daily Crime Log
The University Police Department maintains a daily activity crime log of all crimes reported to the
department. The log is available for viewing on our website at
https://upd.sfsu.edu/daily-crime-
and-fire-log. The log covers the past 60 days. Incidents are posted to the Log within 48 hours of
occurrence. If a case disposition changes, it will be reflected in the log within 48 hours. If an arrest
is made, the arrest information will be posted directly below the corresponding incident. Arrest
information older than the 60-day log period is considered criminal history and is not available for
public viewing.
Reporting Sex Offenses to University or Local Police
If a victim makes a report of a sex offense as enumerated in California Government Code §
6254(f)(2) to local or University Police, the police are required to notify the victim that their name
will become a matter of public record unless confidentiality is requested. If a victim requests that
their identity be kept confidential, their name will not become a matter of public record and the
police will not report the victim’s identity to anyone else at the University, including the Title IX
Coordinator & Discrimination, Harassment, and Retaliation (DHR) Administrator (see
).
University Police will, however, report the facts of the incident itself to the Title IX Coordinator &
DHR Administrator being sure not to reveal the victim’s name/identity, or compromise their own
criminal/police investigation. The victim’s identity may not be disclosed to local law enforcement
unless the victim consents after being informed of their right to have identifying information
withheld. If a victim does not consent, the alleged assailant’s identity may also not be disclosed to
local law enforcement.
Victims have rights under Title IX, VAWA/Campus SaVE Act and related legislation, and any
available resources, such as counseling, health, and mental health services, as well as the right to
file a complaint with University and/or local law enforcement. Regardless of whether victims wish
to remain confidential, victims receive information on how to report to law enforcement and to the
Title IX Coordinator/DHR Administrator. The Title IX Coordinator/DHR Administrator provides
interim remedies, if requested and available, regardless of whether the victim chooses to report
the conduct to University police or local law enforcement.
Campus Security Authorities
Although San Francisco State encourages the reporting of campus criminal activity directly to the
University Police Department, in some instances members of the campus community may notify
one of the other Campus Security Authorities about a crime. Crime statistics are gathered from
San Francisco State’s Campus Security Authorities and are included in our annual security report.
A Campus Security Authority (CSA) is defined as “An official of an institution who has significant
responsibility for student and campus activities, including but not limited to, student housing,
student discipline, and campus judicial procedures.” Individuals may be designated as CSAs if
their official job responsibilities involve significant interaction with student and/or campus
activities; serve as formal or unofficial mentors to students; serve as a member in an office or of a
committee to whom students are instructed or informed to report or discuss crimes, allegations of
crimes and other troubling situations; or have oversight for disciplinary procedures.
25
At San Francisco State, in addition to University police officers, CSAs include: Housing &
Residential Life Professional Staff; Resident & Community Assistants; Student Health Staff;
Athletics Coaches, Trainers and staff members; Office of Student Affairs & Enrollment
Management staff; Faculty Student Organization Advisors; the Dean of Students staff; Student
Activities & Events staff; and Title IX staff. For contact information regarding personnel in these
various positions, visit San Francisco State’s A to Z Directory at
.
San Francisco State provides a CSA Incident Reporting form to assist CSAs in fulfilling their CSA-
related reporting duties on an on-going basis and in a timely manner. CSA’s may obtain the CSA
Incident Reporting form at:

For additional reference, community members can obtain the San Francisco State CSA brochure at
https://upd.sfsu.edu/sites/default/files/documents/SFSUCSABrochure.pdf
. The CSA brochure is also
available on the UPD and San Francisco State Title IX websites.
Voluntary and Confidential Reporting
Pursuant to California Education Code section 67380(a)(6)(A), CSAs who receive reports from
employees or students of a Part I violent crime, sexual assault or hate crime that occurred in an on
or non-campus location as defined by the Clery Act, may not disclose to UPD or local law
enforcement agencies the names of the victims or the alleged assailant, unless the victim consents
to disclosing their name after being informed of their right to have their personally identifying
information withheld. The name of the alleged assailant may be disclosed, however, if all of the
following conditions are met:
i. The alleged assailant represents a serious or ongoing threat to the safety of students,
employees, or the institution; and
ii. The immediate assistance of the local law enforcement agency is necessary to contact or detain
the alleged assailant.
While San Francisco State encourage members of the community to promptly report all crimes to
UPD, San Francisco State does have policies requiring confidential, exempt sources defined in the
Clery Act (Professional and Pastoral Counselors) to report information disclosed to them of a crime
in a confidential session. All confidential exempt sources are encouraged to provide victims of all
options and support resources for reporting crimes on campus for administrative or criminal
investigation and action.
If you are the victim of a crime and do not want to pursue action within the University system or
the criminal justice system, you may still consider making a confidential or anonymous report.
Victims or witnesses who wish to report crimes on a voluntary, anonymous basis for inclusion in
the annual disclosure of crime statistics may do so by submitting an anonymous tip online at
https://upd.sfsu.edu/anonymous-tip-reporting
, calling our Anonymous Tip Line at 415-338-3030,
calling our Investigations Division at 415-405-3875, or sending an e-mail to the general UPD e-mail
address at
[email protected].
Note: all publicly available record keeping will be maintained without the inclusion of personally
identifiable information about the victim.
Crime of Violence Disclosures
The institution will, upon written request, disclose to the alleged victim of a crime of violence or a
non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the
26
institution against a student who is the alleged perpetrator of such a crime or offense. If the
alleged victim is deceased as a result of such crime or offense, the next of kin of such a victim shall
be treated as the alleged victim.
California Education Code section 67380(a)(6)(A)
Pursuant to California Education Code section 67380(a)(6)(A), Campus Security Authorities (CSAs)
who receive reports from employees or students of a Part I violent crime, sexual assault or hate
crime that occurred in an on or noncampus location as defined by the Clery Act, may not disclose
to UPD or local law enforcement agencies the names of the victims or the alleged assailant, unless
the victim consents to disclosing their name after being informed of their right to have their
personally identifying information withheld. The name of the alleged assailant may be disclosed,
however, if all of the following conditions are met:
• The alleged assailant represents a serious or ongoing threat to the safety of students,
employees, or the institution; and
• The immediate assistance of the local law enforcement agency is necessary to contact or
detain the alleged assailant.
Timely Warning Policy
This policy describes the procedures that will be used to provide members of the community with
information to aid in preventing them from becoming victims of crimes posing a serious or
ongoing threat to the Campus communities. It is intended to provide faculty, staff, and students
with timely information about Clery reportable crimes occurring within the defined Clery
Geography of their Campuses, and to comply with the Timely Warning requirements of the Jeanne
Clery Act.
As required by the Clery Act, CSU Campuses will keep their Campus communities informed by
providing a timely warning when appropriate.
• Upon receipt of a Campus Security Authority (CSA) report of a Clery crime on Clery
Geography, a Timely Warning analysis shall be completed and documented by the Chief of
Police (or management designee) in collaboration with the Clery Director. The Clery
Director shall have authority to delegate this responsibility as appropriate. It is not
necessary to complete and document a Timely Warning analysis for referrals to
disciplinary action.
• If it is determined that the report includes a Clery crime on Clery Geography, the Chief of
Police (or management designee) and Clery Director will confer to analyze the known
pertinent facts to determine whether they constitute a serious or ongoing threat to the
Campus community. The unavailability of the Clery Director shall not unduly delay the
issuance of a Timely Warning.
• If a CSA report includes 1) a Clery crime 2) on Clery Geography and 3) a discernible serious
or ongoing threat, a timely warning as described below shall be issued expeditiously.
• In the absence of any of these three elements, no timely warning will be issued.
• The Chief of Police (or management designee) shall have ultimate authority and
responsibility for determining whether to issue a Timely Warning.
• Timely Warnings shall be reviewed in collaboration between Chief of Police (or
management designee) and Strategic Marketing and Communication
27
• Timely Warnings will be issued by Chief of Police (or management designee) through
Blackboard Connect outreach messaging.
Each reported incident must be analyzed on a case-by-case basis. All known factors shall be
considered in the case-by-case analysis to determine whether a timely warning should be issued.
No single factor should govern the decision regarding the issuance of a timely warning. Campuses
are prohibited from circumventing a case-by-case analysis by issuing a blanket rule that timely
warnings will be issued for all reports of any given Clery reportable crime. Requests from an
outside law enforcement agency to refrain from issuing a timely warning is insufficient grounds on
its own for not issuing or delaying the issuing of a timely warning, unless the Chief of Police
concurs that by issuing a timely warning, an identified risk can be articulated that would
compromise the law enforcement efforts of the outside agency investigating the crime to gather
evidence and/or apprehend suspect(s).
The case-by-case analysis will involve reviewing relevant factors including, but not limited to, the
following, if known:
• The timing of the report: shortly after the occurrence of the crime vs. days or weeks after
the occurrence of the crime, i.e., a "cold report"
• Physical injury to the victim
• Use of weapons
• Forced entry used and/or tools used in commission of the crime
• A suspect arrested or incapacitated by injury
• A suspect that is identified or otherwise can be located by law enforcement
• A suspect that is out of the area
• A victim who fears for their safety from the suspect
• A clear modus operandi and/or pre-planning indicated
• Multiple suspect(s) involved
• A pattern of similar crimes established
• The possible risk of compromising law enforcement efforts, such as to gather evidence
and/or apprehend suspect(s), if a warning was issued
Additional Considerations
The Clery Director (or management designee) shall notify the Campus president, as soon as
practicable, that a timely warning will be or has been issued.
The Chief of Police (or management designee) is responsible for collaborating with surrounding
law enforcement agencies to encourage them to share information with University Police
Department (UPD) about crimes reported to local law enforcement that occur in Clery Geography.
Nothing in this policy precludes Campuses from maintaining a Campus policy about informing, re-
publicizing and/or sharing with the Campus community crimes or other informational notices,
(e.g., traffic advisories, events, prevention information) the Campus deems may be of interest to
the Campus community. Such a policy is separate and distinct from the Timely Warning Policy.
Such notices must differ in appearance or be distributed in a manner that assures that members of
the community understand such notices are different from a timely warning notification required
by the Clery Act; members of the Campus community should not be misled to believe such notices
are timely warnings.
28
Contents of a Timely Warning
When a timely warning is issued it shall be entitled "Timely Warning Crime Bulletin" and contain
the following:
• A statement that reads, "This Timely Warning Bulletin is being issued in compliance with
the Jeanne Clery Act and the purpose is to provide preventative information to the Campus
community to aid members from becoming the victim of a similar crime."
• Identify the Clery reportable crime that occurred (i.e., rape, burglary, motor vehicle theft,
arson, etc.)
• The date, time, and location the crime occurred
• The date the Timely Warning Bulletin is issued
• Description of the suspect when deemed appropriate, and if there is sufficient detail. Only
include a description of the suspect when the descriptors provided by the reporting party
could reasonably lead to conclusive identification of the perpetrator(s)
• At least three preventative tips or points of information specifically related to the
circumstances of the crime which occurred that could help others from becoming the
victim of a similar crime
• The phone number of UPD and a statement encouraging community members to report all
information about crimes to UPD
• If appropriate, the phone number of support services
The Timely Warning shall not include, under any circumstances, the name of the victim, or
information so specific (i.e., specific address or dorm room number or floor) that would or likely
could identify the victim of the crimes of Sexual Violence, Rape, Dating Violence, Domestic
Violence, or Stalking. Timely Warning Bulletins should use gender-inclusive and culturally
appropriate language and avoid victim blaming and bias language.
Methods of Distribution
Timely warnings will be distributed as quickly as possible in a manner that will likely reach the
entire Campus community. Distribution methods vary from Campus to Campus and include, but
are not limited to, any of the following:
• All employee and student email distribution
• University website
• Public area video display monitors
• Hard copies posted on Campus building entrance doors
• Press Release
San Francisco State uses the following additional distribution methods for timely warnings:
• Facebook: https://www.facebook.com/SFSTATEPD/
• Instagram: https://www.instagram.com/sfstatepd
• Twitter: https://twitter.com/sfstatepd and https://twitter.com/SFSU
This list is not intended to be exhaustive or intended to prioritize the method of distribution. The
Chief of Police (or management designee) will confer with the Clery Director (or management
designee), if available, to determine the most appropriate method(s) to distribute a Timely
29
Warning. If not the Chief of Police, this will be one of the Command Staff (Lt. Jaime Haymond, Lt.
James Callaghan, and Lt. Emmanuel Vallero). In the absence of the Clery Director (or management
designee), the Chief of Police will determine the appropriate method of distribution. Campuses are
required to maintain a list of the methods of distribution for timely warnings and include said list
in the Campus's Annual Security Report.
Emergency Notification Policy
This policy describes the procedures that will be used to immediately notify the Campus
community upon the confirmation of a significant emergency or dangerous situation involving an
immediate threat to the health or safety of students and/or employees occurring on the Campus,
as required by the Clery Act.
Any member of the campus community with information believed to constitute a significant
emergency or dangerous situation that poses an imminent or immediate threat shall report the
information to UPD and/or by calling "911." Examples include, but are not limited to, the following
types of incidents:
• Severe weather warning (e.g., flash flooding, tsunami, hurricane, etc.)
• Environmental emergency within an on-campus facility (e.g., hazardous chemical spill, fire,
earthquake, building collapse)
• Criminal activity with an imminent threat to Campus community (e.g., active shooter,
murder, fleeing suspect with a weapon)
• Public Health Emergency (e.g., measles outbreak, swine flu outbreak, etc.)
Once UPD has received the report, responding units will evaluate the need to initiate an
emergency notification and will notify the Command Staff. The Chief of Police (or management
designee) will, without delay and taking into account the safety of the community, confer with the
appropriate public official (e.g., fire chief, health department) and any Campus officials responsible
for managing the on-campus emergency (including EOC Director or designee), if available, to
confirm both: 1) a legitimate emergency or dangerous situation exists impacting on-campus
geography; and 2) the emergency or dangerous situation poses an immediate or imminent threat
to members of the on-campus community.
This confirmation process may include, but is not
limited to, visual observation, officer investigation, the assistance of key Campus administrators,
local or Campus first responders, and/or official government reporting through agencies such as
the National Weather Service.
If both of the above factors are not met, no emergency notification is required. If it is determined
that both of the above factors are met, then an emergency notification as described below shall be
issued. The Chief of Police (or management designee) will confer with the Clery Director, if
available, to prepare the content of the notification and determine which members of the campus
community are threatened and need to be notified. The content of the message will be
developed based on a careful but swift analysis of the most critical facts. Command Staff will draft
an initial message to be reviewed by any or all of the following: Chief of Police, Clery Director, EOC
Director, Public Information Officer, and/or Strategic Marketing and Communications designee.
These individuals will review the message to ensure content is accurate, necessary, and helpful to
the broader community, and that the content does not compromise privacy.
Once the notification is prepared, the Chief of Police and/or the Clery Director (or their
management designees) will, without delay and taking into account the safety of the community,
transmit the emergency notification unless doing so would delay the ability to mitigate and/or
30
contain the emergency, including the ability to provide immediate, life saving measures. If an
emergency notification is issued, a timely warning shall not be issued for the same incident.
Contents of the Emergency Notification
The emergency notification shall contain the following information:
• A statement as to what the emergency or dangerous situation is, in specific terms (e.g.,
chemical spill, active shooter, building fire) including location(s) impacted
• A statement providing direction as to what actions the receiver of the message should do
to take precautions for their own safety
• A statement as to where or when additional information may be obtained
The Clery Director (or management designee) will coordinate with campus Public Information
Officer to provide updates to the emergency notification with pertinent updates or direction to
persons for their safety when new information becomes available. Updates will be provided in
regular intervals until the emergency has been mitigated or no longer poses an imminent threat,
e.g.
, fire is out and building has re-opened.
Methods of Distribution
Emergency Notifications will be distributed as quickly as possible in a manner that will likely reach
the segment(s) of the on-campus community threatened by the emergency. Segmentation will be
considered by the Chief of Police (or management designee) by evaluating which persons are
likely to be at risk based on the circumstances at the time and notifying those persons.
Segmentation should not be considered if making this determination would delay issuing the
emergency notification. The Chief will determine if notification to the larger community is
appropriate. Distribution methods, including distribution to the larger community, vary depending
on the nature of the emergency and may include:
• A Campus mass notification system, including but not limited to phone, Campus email, or
text messaging. Systems should provide currently enrolled students, faculty and staff the
ability to adjust their subscription preferences to select multiple contact methods from text
messages, emails and phone calls, or if desired, to 'opt out' of the service and not receive
any notifications
• Audible alarms/sirens
• Campus public address systems
• In person or door-to-door notifications in a building or residence halls
• Local media
• Social media
• Other means appropriate under the circumstances
Outreach to local and social media will most likely be coordinated by the Public Information Officer
(PIO) and be integrated into Emergency Operations Center coordination. Audible alarm, public
address, and in-person notification may be initiated by Building Emergency Response
Coordinators (BERCs) or carried out by BERCs under direction of University Police Department or
other emergency personnel.
Testing and Evacuation System
31
Testing of the Emergency Notification System and evacuation will be done at least once annually.
The Tests may be announced or unannounced. Tests must be scheduled, contain drills, exercises
and appropriate follow-through activities, and be designed for assessment and evaluations of
emergency plans and capabilities. However, the campus emergency response and evacuation
procedures will be publicized in conjunction with at least one test per calendar year. Each Test will
be documented to include a description of the exercise, the date of the Test, the start and end
times of the Test, and whether the Test was announced or unannounced. The
California State
University Emergency Management Policy describes these tests and defines responsibility for their
completion. A copy of the documentation will be provided to the Clery Director.
Students and employees who need information on how to add contact information to be included
for emergency notification or to remove information and “opt out” of notifications should visit
https://oes.sfsu.edu/emergency-notification-system
. To make changes to your notification
preferences, changes can be made by logging into your SFSU Gateway at
https://gateway.sfsu.edu/.
Security of and Access to Campus Facilities, and Security Considerations for the
Maintenance of Campus Facilities
All campus buildings except the library will be secured by the University Police Department by
11:00 p.m. on weekdays and 5:30 p.m. on weekends per University Executive Order 94-17. We
recognize that there will be some need to alter hour and weekend access to buildings. After hours,
a faculty or staff I.D. is required. Anyone working late or on weekends should notify the University
Police Department. Students working in the building after hours are required to have in their
possession a student pass (authorized by college deans) along with photo identification. In the
event of a campus closure due to an emergency response effort, access to buildings will be
determined on a case-by-case basis and conveyed in writing to campus administrators and offices.
Community members shall comply with authorized campus closure directives when provided.
Holiday access is treated as weekend access. University Executive Directive 94-17 can be accessed
at
--.
The campus facilities are maintained by Facilities Services and patrolled by the Officers of the
University Police Department. The Police Officers and Community Service Officers regularly test
the emergency phones and submit work orders for repair, recommend the trimming of shrubbery
for safety reasons and conduct periodic lighting surveys. Officers report the need for replacement
of lights and any other physical hazards they notice. Periodic crime prevention surveys are
conducted when a crime trend occurs or upon physical changes of office space and equipment
when requested by an administrator. The majority of campus buildings are equipped with card key
access that is controlled by an access administrator. Many offices, labs, computer rooms and areas
of campus have security alarms. You may use this link for more information on Facilities Services
Enterprises:
.
Lighting improvements are constantly being evaluated. Improvements have included the
placement of high intensity sodium vapor lights in buildings, in parking lot areas, in areas with
heavy landscaping and trees, and along pathways frequently traveled by students. Outdoor
courtesy telephones are located at the entrances of all University Housing facilities and at many
locations throughout the campus. All emergency telephones are connected directly to the
University Police Department.
32
Access to University Housing facilities is limited to residents, escorted guests and University staff.
Entry is monitored on 24-hour basis through a combination of card-key security systems, hard
keys, door prop alarms and on-duty Residential Life personnel.
Residential Life staffs professional Area Coordinator and Residential Coordinators along with
Student Leaders, who support on-campus housing, live on campus and provide 24-hour crisis
coverage. Student room doors should be locked at all times even when occupied. Residents with
automobiles may park them in a reserved carport space after purchasing a semester permit. Most
importantly, residents are reminded to observe building security procedures and to notify
Residential Life team members or the University Police Department of any unfamiliar faces or
unusual incidents within either the residence halls or apartments.
The residence community has a team of student Resident Assistants and professional Area and
Residential Coordinators who reside in the community with students. Resident Assistants or other
Student Leaders are available to provide help in anything from roommate conflicts to directions on
how to get to the nearest supermarket. Residential Life offers a wide variety of social, educational,
and academic support programs. In 2013, the Prevention Programs unit (currently the Health
Promotion & Wellness Unit) launched a web-based sexual assault prevention and alcohol abuse
awareness online program called Campus Clarity. All first-year students including transfer and
graduate students are required to take this program.
All Residential Life team members in the residence community are designed ‘campus security
authorities’ and undergo training throughout the year for both prevention and response regarding
safety/security issues along with substance abuse, education and prevention of sexual assault, and
general community security.
Central Campus Neighborhood
San Francisco State offers two traditional residence halls and has two multi-story complexes,
which provide on-campus housing for approximately 2,440 students. All buildings are owned and
managed by San Francisco State. Security safeguards within the residence community include
restricted access, video surveillance and external door prop alarm systems. Crime prevention
programs include orientation workshops, individual floor meetings, residential community-wide
presentations and educational programs. All of the central campus residential buildings (Mary
Ward Hall, Mary Park Hall, the Village at Centennial Square, Towers at Centennial Square, and the
Towers Junior Suites) have 24-hour community desk staffing as extra safety coverage.
Residents with automobiles may park them in Lot 25, the Village Garage after purchasing a
semester or daily permit.
All buildings contain exterior doors that are monitored with door-prop alarms, key and card
access. There are two to three Resident Assistants on duty each evening Sunday through Thursday
night and 24 hours starting Friday at 5pm to Monday mornings. Residential Life team members
provide evening rounds and enforce University and Housing policy. There are professional staff
members on duty each night and one Leadership-level professional staff member on duty each
night.
Mary Ward and Mary Park Halls
The Residence Halls house approximately 840 first-time, first-year students. Most rooms are
double occupancy and when requested, ADA accessible single rooms are available. The rooms are
33
furnished with a bed, closet space, desk, chair and drawers for each resident. Each room has a
streaming service, power outlets and 10baseT Ethernet jacks. Residents are allowed to bring or
rent a small refrigerator and/or microwave to use in their rooms.
Towers at Centennial Square & Towers, Junior Suites
The Towers at Centennial Square, also known as “the Towers” is a 15-story apartment building
which houses approximately 750 first-time first-year students. The apartments are fully furnished,
one- or two- bedroom, double occupancy, units with a kitchenette, living room and bathroom.
Towers Junior Suites is a 5-story suite-style (shared room with private bathroom) housing
approximately 100 first-time first-year students. Each bedroom has streaming service, power
outlets and 10baseT Ethernet jacks for both residents. There is electronic card access to the
exterior doors and 24-hour front desk employees.
The Village at Centennial Square
The Village at Centennial Square, also known as the Village, houses 750 mostly first-time first-year
students with some continuing first-year and second-year students at San Francisco State. The
Village offers single and double occupancy rooms in its three-bedroom apartments and double
occupancy rooms in the two-bedroom apartments. Spaces are filled on a first come, first served
basis. Residents are first- and second-year students and must be enrolled at San Francisco State,
carrying a minimum of 12 semester units. All apartments are fully furnished and have streaming
service, power outlets and 10baseT Ethernet jacks. Each apartment has a full kitchen with stove,
refrigerator, dishwasher, microwave, and garbage disposal. ADA accessible units are available
throughout the complex.
In addition, the Village community includes 12,000 square feet of retail space for restaurants and
shops, as well as the Student Services Building and the Student One Stop Office. The Village name
reflects a philosophy of easy student access to services with its design approach of a low-rise
profile, linked courtyard, canopied walking areas and numerous community activity and study
areas.
South Campus Neighborhood
San Francisco State offers an apartment-style community and several blocks of garden homes,
which provide on-campus housing for approximately 850 students and approximately 100 faculty,
staff, and nonaffiliated residents. Security safeguards within the apartment-style community
include restricted access, video surveillance and external door prop alarm systems. Exterior doors
to the garden homes open to the general public and are not monitored by a central source. Crime
prevention programs include orientation workshops, individual floor meetings, residential
community-wide presentations and educational programs. South Campus residential buildings
(Manzanita Square & University Park South) have 24-hour community desk staffing operating in
the Lobby of Manzanita Square.
Residents with automobiles may park them in assigned carport spaces after purchasing a semester
permit.
There are two to three Resident Assistants on duty each evening Sunday through Thursday night
and 24 hours starting Friday at 5 p.m. to Monday mornings. Residential Life team members
provide evening rounds and enforce University and Housing policy. There are professional staff
members on duty each night and one Director-level professional staff member on duty each night.
34
Manzanita Square
Manzanita Square houses approximately 590 continuing students. Located just steps away from
campus, this state-of-the-art eight-story building includes residential apartments for students in
their second year or later. Studio, one-, two-, three-, and four-bedroom units are available and
some units are specially adapted for students with disabilities. Depending on the size of the unit,
rooms are furnished with bed(s), closet space, dresser or armoire, window coverings, couch, desk
and chair, and dining room table and chairs. Each room has a cable TV outlet providing basic cable
programming, power outlets, phone jacks, and Wi-Fi. Kitchen areas include cabinetry, a full
refrigerator, sink, and stove with oven. Residents are allowed to bring a microwave to use in their
rooms. The facility includes a spacious outdoor courtyard, retail, student support spaces, and on-
site laundry facilities. Manzanita Square is owned by American Campus Communities and
managed in partnership with San Francisco State Housing.
University Park South (Blocks 2, 5, 41 and 42 forming the perimeter of South Campus)
University Park South (UPS) is comprised of 262 apartment-style garden homes on the San
Francisco State campus. The properties provide housing opportunities to students, faculty and
staff of San Francisco State as well as residents not affiliated with the University. The units vary in
size (one-, two-, and three-bedroom units) and are constructed as low-rise profile with linked
courtyards, covered parking areas and common laundry rooms.
Block 41 offers 16 unfurnished, three bedrooms, two and one-half bath town homes offered
exclusively to San Francisco State faculty and staff. Spaces are filled on a first come, first served
basis. Blocks 42, 2, and 5 offer 246 apartment homes open to faculty, staff and students. Spaces
are filled on a first come, first served basis. All apartments at UPS are fully equipped and include
power outlets, phone jacks and internet options. Each apartment has a full kitchen with stove and
refrigerator. Some apartment homes have dishwashers and garbage disposals.
The following is a list of available entrances to various blocks:
• Entrances to the Block 41 residences are accessible via Vidal Street; a public road
maintained by the City of San Francisco.
• Entrances to the Block 42 residences are accessible via Font Boulevard, Pinto Avenue,
Arballo Drive and Tapia Drive; public roads maintained by the City of San Francisco.
• Entrances to the Block 2 residences are accessible via Holloway Avenue, Font Boulevard,
Arellano Avenue and Serrano Drive; public roads maintained by the City of San Francisco.
• Entrances to the Block 5 residences are accessible via Arellano Drive, Serrano Drive,
Holloway Avenue and Cardenas Avenue; public roads maintained by the City of San
Francisco.
University Park South is owned by San Francisco State and managed by San Francisco State
Housing.
North Campus Neighborhood
San Francisco State offers apartment-style high-rise tower and garden homes, which provide on-
campus housing for approximately 1350 students and approximately 230 faculty, staff, and
nonaffiliated residents. Security safeguards within the residence community include restricted
access to the high-rise towers. Crime prevention programs include orientation workshops,
35
individual floor meetings, residential community-wide presentations and educational programs.
North Campus residential buildings (University Park North) have 24-hour community desk staffing
operating in the Residential Life office located at 295 Buckingham Way; San Francisco, CA 94132.
University Park North (UPN) (Blocks 1 through 14 forming the perimeter of North Campus)
provides 697 unfurnished apartments to students and San Francisco State faculty and staff, in
addition to residents of the area. The complex provides easy access to the Main Campus with a
design of both low-rise and tower accommodations.
University Park North offers one-, two-, and three-bedroom apartments with linked common areas
and is filled on a first come, first served basis. Priority is given first to students, then to faculty and
staff, and finally to residents of the area.
Student apartments are both furnished and unfurnished. All faculty, staff, and nonaffiliated
resident apartments are unfurnished and include basic cable programming, power outlets, phone
jack and accessible high-speed internet options. Each apartment has a full kitchen with stove,
refrigerator, dishwasher, microwave, and garbage disposal. Entrances to the University Park North
towers are protected by a key system that enables only residents or authorized personnel to open
doors and have access to the building. Garden apartments have general entrances with private
homes secured by individual front doors.
Residents with automobiles may park them in assigned reserved carport spaces after purchasing a
semester permit.
Exterior doors to apartments open to the general public in the garden homes and to central
hallways in the towers and are generally not monitored by a central source. There are two to three
Resident Assistants on duty each evening Sunday through Thursday night and 24 hours starting
Friday at 6 p.m. to Monday mornings. Residential Life team members provide evening rounds and
enforce University and Housing policy. There are professional staff members on duty each night
and one Director-level professional staff member on duty each night.
University Park North is owned by San Francisco State and managed by San Francisco State
Housing.
Systemwide Law Enforcement Policy, Law Enforcement Authority
Persons employed and compensated as members of a California State University police
department, when so appointed and duly sworn, are peace officers. However, such peace officers
shall not exercise their powers or authority
2
except (a) at the headquarters or upon any campus of
the California State University and in an area within one mile of the exterior boundaries of each
campus or the headquarters, and in or about other grounds or properties owned, operated,
controlled, or administered by the California State University, or by trustees or the state on behalf
of the California State University, and (b) as provided in Section 830.2 of the Penal Code.
The arrest authority outside the jurisdiction of the CSU Police Department includes (Penal Code §
830.2(c); Penal Code § 836):
a. When the officer has probable cause to believe the person committed a felony.
2
Including the authority to make arrests
36
b. When the officer has probable cause to believe the person has committed a misdemeanor
in the presence of the officer and the officer reasonably believes there is immediate danger
to person or property or of escape.
c. When the officer has probable cause to believe the person has committed a misdemeanor
for which an arrest is authorized even if not committed in the presence of the officer such
as certain domestic violence offenses and there is immediate danger to person or property
or of escape or the arrest is mandated by statute.
d. When authorized by a cross jurisdictional agreement with the jurisdiction in which the
arrest is made.
e. In compliance with an arrest warrant.
On duty arrests will not generally be made outside the jurisdiction of this department except in
cases of hot or fresh pursuit, while following up on crimes committed within the State, or while
assisting another agency.
On duty officers who discover criminal activity outside the jurisdiction of the State should when
circumstances permit, consider contacting the agency having primary jurisdiction before
attempting an arrest.
California State University encourages accurate and prompt reporting of crime. All members of the
Campus community are encouraged to promptly contact the UPD and/or other appropriate police
agencies when they have been the victim of, or have witnessed criminal actions, including when
the victim of crime elects to or is unable to make such a report.
The University Police Department has statewide law enforcement authority to enforce federal and
state laws under Penal Code § 830.2, and primary concurrent jurisdiction within a mile of campus
under the California Education code § 89560.
The San Francisco State campus is under the primary jurisdiction of the California State University
Police Department as described in section 89560 of the California Education Code and section
830.2 (c) of the California Penal Code.
Specifically stated in section 89560 of the California Education Code; the trustees may appoint one
or more persons to constitute a police department for the headquarters and for each campus of
the California State University. Persons employed and compensated as members of a California
State University police department, when so appointed and duly sworn, are peace officers.
However, such peace officers shall not exercise their powers or authority except (a) at the
headquarters or upon any campus of the California State University and in an area within one mile
of the exterior boundaries of each campus or the headquarters, and in or about other grounds or
properties owned, operated, controlled, or administered by the California State University, or by
trustees or the state on behalf of the California State University.
University police officers meet all the requirements set forth by the Commission on Peace Officer
Standards and Training (P.O.S.T.), which sets the standards for all California State law
enforcement Officers. In addition, California State University police officers undergo training
specially designed to meet the needs of the campus community after graduation from an
academy. All sworn police officers have been trained in first aid and cardiopulmonary resuscitation
and are authorized to enforce all regulations on the University campus and within an immediate
one-mile radius. In some instances, police powers extend statewide. University police officers are
armed with firearms; they conduct foot, vehicular and bicycle patrols on campus and in the
Residence communities 24-hours a day.
37
Administrative Agreement Between San Francisco State University Police, San Francisco Police
Department, San Francisco District Attorney’s Office, and the San Francisco Department of Public
Health
The University Police Department works closely with the San Francisco Police Department (SFPD),
the San Francisco District Attorney’s Office (SFDA), the San Francisco Department of Public Health
(SFDPH), agencies near our branch sites, and other law enforcement agencies to assist with
incidents involving campus community members that may occur off campus.
The University Police Department, SFPD, SFDA, and SFDPH have mutual aid and working
agreements. Each department augments the other within their jurisdictions during mutual
investigations, arrests, and prosecutions. The University Police Department is responsible for
processing, investigating, and prosecuting all crimes committed on San Francisco State property
and grounds owned, operated, controlled, or administered by the California State University
except the following: homicide, and those death cases deemed suspicious by the Medical
Examiner of San Francisco.
The Memorandum of Understanding (MOU) between the University Police Department, SFPD,
SFDA, and the SFDPH promotes collaboration, and enhances the reporting, investigation and
appropriate response to sexual assault and other Clery Act crimes. The primary purpose of the
MOU is to promote compliance with the numerous state and federal laws that provide specific
requirements related to these issues, as outlined in California Education Code Sections 67380,
67381 (the Kristin Smart Campus Safety Act of 1998) and 67383; SB 967 (de León, 2014), specified
in California Education Code Section 67386; the federal Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act (the “Clery Act”) and Title IX of the Higher
Education Amendments of 1972 (“Title IX”), as well as the California Penal Code and applicable
state laws related to health and confidentiality/privacy. By this agreement, the UPD may call upon
the San Francisco Police Department to assist in the handling of major crimes, including but not
limited to Part 1 violent crimes as defined in California Education Code Section 67381.
Additionally, the purpose of the MOU is to meet the statutory requirements established by AB
1433 (Gato, 2014), specified in the California Education Code (§ 67383(a) and § 67381), requiring
covered institutions to adopt and implement written policies and procedures to ensure that reports
of Part 1 violent crimes, hate crimes or sexual assaults are immediately, or as soon as practicably
possible, disclosed to local law enforcement.
Security Awareness and Crime Prevention Programs
The University Police Department is committed to contributing to the safety and welfare of the
campus community. The University Police Department supports this commitment through
programs designed to anticipate, recognize, and appraise crime risks, and that initiate action to
reduce those risks. These programs attempt to promote awareness, community involvement, and
support of activities that address community perceptions and misperceptions of crime.
Crime Prevention Programs
The department’s crime prevention function is a shared responsibility of all employees, but
specific duties are assigned to the Commanding Officer of the University Police Department
Services Division who manages the Crime Prevention Unit, Community Liaison Unit, and the
Investigations Unit personnel.
38
The department’s Crime Prevention Unit provides for the following:
a. Targeting crime prevention programs based on the type of crimes that are occurring and
location of those crimes as the result of an analysis of crime data by Department Investigators or
other department employees; and
b. Targeting crime prevention programs to address community perceptions or misperceptions of
crime.
The Commanding Officer of the Services Division or their designee will prepare a comprehensive
written evaluation of the agency’s crime prevention programs, at least once every four years to
assess effectiveness and solicit community feedback. Crime Prevention Unit activities shall include
safety presentations to:
1. University departments and office areas;
2. Campus Housing;
3. Fraternities and Sororities;
4. Campus clubs and organizations;
5. Other interested groups; and
6. New student and employee orientations.
Community education presentations will include sexual assault and acquaintance rape prevention,
alcohol and drug abuse, bicycle safety, general campus safety and security, workplace violence,
home, campus housing and office security, personal safety, self-defense training and theft
prevention. The Crime Prevention unit will maintain a Community Engagement log in the
Investigations Unit Office to document all programs presented to the campus community.
Additionally, members of the University Police Department are available to provide presentations
to staff, faculty and students on topics such as: Personal Safety, Sexual Assault Prevention,
Prevention of Auto Theft and Auto Burglary, Dealing with Distressed Individuals, Emergency
Preparedness, Safety Presentations for Children and Parents, Laptop Safety, Fraud Prevention,
Public Transportation Safety, Senior Citizen Safety and many other topics related to protecting
personal and state property. In addition to crime prevention information, information regarding
disciplinary procedures in relation to criminal activity is also covered and provided to community
members.
In the beginning of the Fall and Spring semesters of the academic year, the Crime Prevention Unit
will collaborate with our campus partners in the Division of Student Life to provide training and
resource tables for GatorFest events. The Crime Prevention Unit will provide trainings and
resource table information that cover a variety of topics including personal safety and awareness,
protection of personal property, and active threat response training.
We do encourage participation in our crime prevention programs and ask for your assistance in
keeping our community safe. If you would like to schedule a Crime Prevention Presentation, please
call our Crime Prevention Coordinator at 415-338-2226. For more information on our Crime
Prevention, please visit the UPD website at: https://upd.sfsu.edu/crime-prevention
.
When time is of the essence, information is released to the university community through security
alerts/information bulletins distributed via Blackboard Connect outreach messaging or posted on
university websites. A common theme of all awareness and crime prevention programs is to
encourage students and employees to be aware of their responsibility for their own security and
39
the security of others. If you see something suspicious or out-of-the-ordinary, say something by
contacting the police.
COMMUNITY LIAISON UNIT
The Community Liaison Unit was created to help foster a stronger working relationship between
the University Police Department and the SFSU community it serves. The Community Liaison Unit
works with multiple campus organizations, community organizations, advocacy groups, and
individual students through education, involvement, and policing initiatives. As a result of these
working partnerships, the Community Liaison Unit is able to develop pro-active crime prevention
projects by analyzing crime hazards in our community and coming up with strategies to help
mitigate them. The unit also provides members of the University community with a variety of
services, including safety presentations and community e-initiatives. For more information on the
Community Liaison Unit please visit our website at https://upd.sfsu.edu/community-liaison-unit
.
EMERGENCY CAMPUS PHONES
Emergency phones are spread throughout the campus including every level of the main parking
garage. Emergency phones are clearly marked and when activated connect directly to the
University Police Dispatch Center. For more information on emergency phones, visit
https://upd.sfsu.edu/campus-emergency-phones
.
Emergency Phones are labeled on the SFSU Campus map with a . The online version of the
campus map is broken into four sections. Click on any one of those sections to zoom in and view
where the emergency phones are located. To view the online map, please see the San Francisco
State Map Page at
https://maps.sfsu.edu.
INTERNET SALE SAFETY ZONE
The University Police Department launched the “Internet Sale Safety Zone” in July 2017 as a key
safety awareness component of the Crime Prevention Community Liaison Unit programs. The
University Police Department has designated parking spots in front of the current San Francisco
State Police station as “Internet Purchase Exchange Locations” that will allow students, staff and
faculty to safely conduct and complete internet sale transactions they have made online in familiar
surroundings. The spaces provided are monitored by video surveillance 24-hours-a-day and police
personnel are nearby to deter crimes that can occur during these types of transactions and ensure
everyone’s safety.
LOST AND FOUND
The University Police Department is the central repository of found property. The Lost and Found
office can be reached at 415-405-3881 and the link to the website is
https://upd.sfsu.edu/lost-and-
found.
ORIENTATION: NEW STUDENT & FAMILY PROGRAMS
Orientation is an important aspect in helping new San Francisco State students prepare for college
success. The Office of New Student & Family Programs will offer guidance and resources that can
help students get started at San Francisco State. Orientation is a collaborative effort consisting of
academic counselors, student leaders, and many student services staff members and partner
departments.
40
The University Police Department is involved in the orientation of new students and their parents
and families. Orientation programs stress safety measures and general crime prevention
strategies. Additionally, police personnel are often invited to speak in courses to provide an
overview of the University Police Department, the services provided, current crime issues, and
crime prevention strategies. The following link will take you to the New Student Programs website
for more detailed information:
.
RAPE AGGRESSION DEFENSE SYSTEMS (R.A.D.)
The University Police Department offers R.A.D., a safety education program that consists of
realistic self-defense tactics and techniques that can help reduce your chances of being victimized.
This course begins with awareness, prevention, risk reduction and avoidance and progresses into
the basics of hands-on self-defense training. The R.A.D. self-defense training program is taught by
certified instructors and is offered several times throughout the year. For more information, visit
our website at https://upd.sfsu.edu/rape-aggression-defense-rad
or contact the UPD Crime
Prevention Coordinator at 415-338-2226.
SAFEWALK SERVICE
The University Police Department provides our campus SafeWalk Service

 .
Team members will also provide
additional visible building security during evening and nighttime hours as a safety enhancement.
Team members are available to walk with students, faculty, and staff to and from their classroom,
laboratory or office, automobile, campus housing or any other location within a reasonable
distance to campus. A SafeWalk can be provided by trained uniformed Student Community
Service Partners, Community Service Officers, or Police Officers. Mobility transports are typically
provided by Student Community Service Specialist and Community Service Officers using shuttle
carts. Police Officers will provide this service in limited situations. Call 415-338-7200, then press -0-
for a SafeWalk, or visit https://upd.sfsu.edu/safewalk
for more information.
SAN FRANCISCO STATE CITIZEN’S POLICE ACADEMY
The San Francisco State Citizen’s Police Academy is a program designed to educate members of
the campus community about law enforcement on our campus through various methods of
instruction including lectures, activities, discussions and scenario training. In addition to learning
about law enforcement and community service, students will have the opportunity to explore new
career opportunities and develop relationships that will last well beyond the course.
The University Police Department offers a Citizen’s Academy session each semester. For additional
information on the Citizen’s Academy, please visit our website at
https://upd.sfsu.edu/citizens-
academy.
Monitoring and Recording Crime Activity at Noncampus Locations of Student
Organizations
When a San Francisco State student is involved in an off-campus offense, police officers may
assist with the investigation in cooperation with local, State, or federal law enforcement. Many San
Francisco State students live in the neighborhoods of San Francisco. While local police have
primary jurisdiction in all areas off-campus, UPD Officers can and do respond to student-related
incidents that occur in close proximity to campus on a case-by-case basis. UPD Dispatch monitors
SFPD calls for service at neighboring locations – including noncampus location (SF Hillel House) -
41
and will respond accordingly. Any student who has been arrested for or found guilty of
committing a crime off-campus is subject to campus disciplinary adjudication for violation of Title
V of the Student Code of Conduct. The Student Code of Conduct can be found at
https://conduct.sfsu.edu/standards
.
Student organizations may also use off-campus buildings or property on either a frequent or
repeated use basis. Additionally, UPD may request the records for any criminal activity that may
have occurred at those locations from local law enforcement agencies. l coordinate with the
Student Activities & Events office to assess for non-campus property of student organizations.
Possession, Use, Sale and Enforcement of Federal and State Alcohol and Drug laws
As an academic community, San Francisco State is committed to providing an environment in
which everyone can learn and grow.
Drug and alcohol use and misuse can seriously affect
members of the campus community. The University expects every student, faculty member, staff
member, and administrator to be aware of and comply with all local, state, and federal laws
regarding the unlawful possession, distribution, or use of illegal drugs and alcohol.
The University has a zero-tolerance policy regarding the use and sale of illegal drugs on the
university campus or at any university-sponsored event off campus. The possession,
transportation and/or consumption of alcohol by individuals under 21 years of age is strictly
prohibited. Alcoholic beverages may not be consumed in public areas and must be concealed and
not in plain view when transported in the residence community. Residents in the residence
community under the age of 21 years of age are not permitted to host guests or residents of any
age who are in possession of alcohol in their room/apartment.
The University also enforces state laws regarding driving while under the influence of alcohol. A
Police Officer can confiscate the license of any driver suspected to be driving under the influence
who refuses to take a blood alcohol concentration (BAC) test. Anyone under 21 found in
possession of alcohol can have their driver’s license taken away, even if the underage person was
not drinking, drunk, or driving. No one may use illegal substances, or abuse legal substances,
including alcohol, in a manner, which impairs performance of assigned tasks in the workplace
and/or academic environment. A more complete description is contained here:
University Directive 89-12 (The Alcohol and Drug Policy)
https://adminfin.sfsu.edu/sites/default/files/documents/UED%2089-12_0.pdf
University Directive 90-15 (Policy on Substance Abuse in the Workplace)
https://policiesandpracticedirectives.sfsu.edu/sites/default/files/ued90_15_0.pdf
For questions and more information on these University Directives, e-mail polic[email protected].
Student violators are subject to discipline through the Student Conduct process (refer to CSU
student Conduct Procedures, found at https://calstate.policystat.com/policy/8453518/latest/
, which
may result in either probation, suspension, or expulsion from the University and/or the CSU
system. This may also include removal from University Housing. Parents or guardians may be
notified about any disciplinary violation involving alcohol or a controlled substance that has been
committed by a student who is under the age of 21. In addition to the above University
administrative sanctions, all applicable state or federal statutes will be enforced for underaged
drinking.
42
Employees in violation of the University alcohol and drug policies may be subject to corrective
action, dismissal, requirement to participate fully in an approved counseling or rehabilitation
program, or other applicable legal sanctions under local, state and federal laws.
All members of the campus community may be subject to criminal prosecution for violation of
applicable local, state, or federal laws.
HEALTH RISKS ASSOCIATED WITH ALCOHOL ABUSE OR ILLICIT DRUG USE
Substance use is linked to serious negative health effects including chronic diseases, increased risk
of injury, and in some cases overdose. When taken in large quantities, alcohol can negatively
affect many parts of the body including the brain, heart, liver, pancreas, and immune system.
Mixing alcohol and prescription or illicit drugs can also have serious negative effects including the
increased risk of heart attack and overdose.
Substance misuse and addiction is a social justice issue that heavily impacts the personal,
professional, and academic endeavors of students and our entire campus community. As an
institution of higher education, we are committed to supporting those who need support through
the various resources highlighted below.
For more information please visit: https://wellness.sfsu.edu/alcohol-tobacco-other-drugs
Resources for Support:
Prevention Education- Health Promotion & Wellness (HPW)
HPW provides health education through workshops and seminars on topics related to alcohol and
other drugs, and provides training to volunteers who work with other students, faculty, and staff to
assist in creating a campus environment that reinforces healthy lifestyles around substance use
that are focused on reduction of harm and social justice. Information can be found at
---
Resources for Help and Treatment
On-Campus (Confidentiality Assured)
For students:
• Counseling & Psychological Services: SSB 205, (415) 338-2208
• For medical appointments, Student Health Services: (415) 338-1719
For everyone:
• Alcoholics Anonymous on-campus meetings: Sober@SFState,
https://www.aa.org/find-aa
Off-Campus - San Francisco Bay Area
• - through caps.sfsu.edu
• For information on treatment options and substance misuse resources, please refer to
the

website
.
DRUG FREE SCHOOLS AND COMMUNITIES ACT
SF State complies with the Drug-Free School and Communities Act (DFSCA) by sending out annual
notification to all students and staff about the above policies, enforcement, sanctions, resources
for support, and health risks regarding the possession, use or distribution or illicit drugs. SF State
also completes a bi-annual review of our institutions Drug and alcohol abuse prevention program.
Information about this process and documents can be found at:
https://wellness.sfsu.edu/alcohol-
drug-policies
43
Sexual Violence Prevention
The California State University (CSU) promotes a safe living, learning, and working environment
through systemwide policies and through a variety of campus educational programs provided to
students, faculty, and staff. The CSU prohibits dating violence, domestic violence, sexual
misconduct/sexual assault, sexual exploitation, and stalking, and provides programs to prevent,
educate, and promote awareness of these topics, in accordance with the CSU Policy Prohibiting
Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic
Violence, Stalking, and Retaliation (“Nondiscrimination Policy”). These prohibited behaviors are
also crimes as defined by 34 C.F.R. §668.46, and California criminal definitions.
The CSU provides comprehensive, intentional, and integrated programming, initiatives, strategies,
and campaigns intended to stop dating violence, domestic violence, sexual misconduct/sexual
assault, sexual exploitation, and stalking before they occur through the promotion of behaviors
that foster healthy relationships and communication, encourage safe bystander intervention, and
seek to change behavior and social norms in healthy and safe directions.
The CSU’s prevention programs and initiatives are sustained over time and focus on increasing
awareness and understanding of topics relevant to and skills for addressing dating violence,
domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, using a
range of strategies with audiences throughout the CSU community. This includes both
community-wide or audience-specific programming, initiatives, and strategies that increase
audience knowledge and share information and resources to prevent violence, reduce
perpetration, promote safety and a culture of respect.
Campus programs must include primary prevention and awareness training: (1) for all new
Students
3
; and new Employees; (2) refresher programs at least annually for all Students; (3) twice
a year for all Students who serve as advisors in residence halls; (4) annually for all Student
members of fraternities and sororities; (5) annually for all Student athletes and coaches; and (6)
annually for all Employees consistent with their role in responding to and reporting incidents.
Ongoing prevention and awareness campaigns for all Students and Employees will also be
conducted. The CSU system will provide online training for all Employees and each campus will
provide online training for all Students. All training must be consistent with the applicable CSU
policy and state and federal regulations.
Each campus must assess which student organizations participate in activities that may place
Students at risk and ensure that they receive annual supplemental training focused on situations
the group’s members may encounter.
To ensure that all Students receive the necessary information and training enumerated above on
dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and
stalking, campuses should impose consequences such as registration holds on those Students
who do not participate in and complete such mandatory training.
Training for Employees
Training will be mandatory for all employees within six months of their initial hiring, and on an
annual basis thereafter. Such training will include, but not be limited to: what constitutes
discrimination, harassment, retaliation, sexual misconduct/sexual assault, dating and domestic
3
This includes incoming transfer, graduate, online, and extended education Students. The programs should
occur no later than the first few weeks of the semester.
44
violence, sexual exploitation and stalking under applicable law; the rights and responsibilities of
each Employee relating to discrimination, harassment, retaliation, sexual misconduct/sexual
assault, dating and domestic violence, sexual exploitation and stalking including the duty to report
and exceptions; the protection against retaliation for Employees who report discrimination,
harassment, retaliation, sexual misconduct, dating and domestic violence, sexual exploitation and
stalking; the procedures provided under the CSU Nondiscrimination Policy for filing, investigating
and resolving a complaint; and the option and method for filing complaints with external
government agencies such as the Department of Fair Employment and Housing (DFEH) and the
Equal Employment Opportunity Commission (EEOC).
Under Cal. Govt. Code § 12950.1, each campus shall provide supervisory Employees at least two
hours of interactive sexual harassment training within six months of the Employee's assignment to
a supervisory position and every two years thereafter. Each campus shall maintain documentation
of the delivery and completion of these trainings. For detailed guidance regarding the definition of
"supervisor" and the implementation of this training, campuses shall consult Coded Memoranda
HR 2005-35 and other applicable policies.
Prevention and Awareness Programming
California State University campuses provide primary prevention programs to all incoming
students and new employees. California State University campuses provide ongoing prevention
programs to all students and employees during their time at the institution. To comply with CSU
Policy and 34 C.F.R. §668.46., campus-specific programs to prevent dating violence, domestic
violence, sexual misconduct/sexual assault, sexual exploitation, and stalking will include:
1. A statement that the CSU prohibits dating violence, domestic violence, sexual
misconduct/sexual assault, sexual exploitation, and stalking as defined under CSU policy
and 34 C.F.R. §668.46.
2. The definitions of “dating violence,” “domestic violence,” “sexual assault,” and “stalking”
in the applicable jurisdiction, California (California Penal Code) and the definitions under
CSU policy (to also include the CSU policy definition of “sexual exploitation”).
3. The definition of “consent,” in reference to sexual activity, in the applicable jurisdiction,
California (California Penal Code), and the definition of “affirmative consent” under CSU
policy.
4. Common facts and myths about the causes of sexual misconduct/sexual assault.
5. A description of safe and positive options for bystander intervention, as exemplified below.
6. Information on risk reduction, exemplified below.
7. Information regarding campus, criminal, and civil consequences of engaging in acts of
sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and
stalking.
8. Information about reporting, adjudication, and disciplinary procedures as required by 34
C.F.R. §668.46 and as described in the procedures under the CSU Nondiscrimination Policy.
Information About Campus Reporting, Adjudication, and Discipline Procedures
Campus training programs will reference the procedures outlined in the CSU Nondiscrimination
Policy that victims/survivors may follow if an incident of dating violence, domestic violence, sexual
misconduct/sexual assault, sexual exploitation, or stalking has occurred. Training programs will
45
also reference information about preserving evidence, reporting to the appropriate authorities,
confidentiality options, available protective and supportive measures.
Campuses apply the relevant CSU policy and procedures when responding to all reports of dating
violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking.
Campuses shall establish processes to provide a print and/or digital copy of the "Rights and
Options for Victims” as outlined in the CSU Nondiscrimination Policy to any community member
who reports experiencing such harm, regardless of whether the incident occurred on or off
campus.
Campus training programs regarding the procedures for reporting and addressing reports of
dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and
stalking will include the following:
o A statement explaining that the campus' primary concern is the safety of members of the
campus community; that the use of alcohol or drugs never makes the victim/survivor at
fault for sexual misconduct/sexual assault, sexual exploitation, dating or domestic
violence, or stalking; that Students who experience or witness sexual misconduct/sexual
assault, sexual exploitation, dating or domestic violence, or stalking should not be deterred
from reporting incidents out of a concern that they might be disciplined for related
violations of drug, alcohol, or other CSU policies; and that Students who experience or
witness sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence,
or stalking shall not be subject to discipline for related violations of conduct policies at or
near the time of the misconduct unless the violation is egregious (including actions that
place the health or safety of any other person at risk or involves plagiarism, cheating, or
academic dishonesty.)
o A statement that "CSU policy prohibits retaliation against a person who: reports sex
discrimination, sexual harassment, sexual misconduct/sexual assault, sexual exploitation,
dating or domestic violence, or stalking; assists someone with a report of such conduct; or
participates in any manner in a related investigation or resolution.
• Retaliation means that a substantial motivating reason for an Adverse Action taken
against a person was because the person has or is believed to have:
o Exercised their rights under this policy,
o Reported or opposed conduct which was reasonably and in good faith
believed to be in violation of this policy,
o Assisted or participated in an investigation/proceeding under this policy,
regardless of whether the Complaint was substantiated,
o Assisted someone in reporting or opposing a violation of this policy or
assisted someone in reporting or opposing Retaliation under this policy.
o Adverse Action means an action engaged in by the Respondent that has a
substantial and material adverse effect on the Complainant's ability to
participate in a university program, activity, or employment. Minor or trivial
actions or conduct not reasonably likely to do more than anger or upset a
Complainant does not constitute an Adverse Action.
o Retaliation may occur whether or not there is a power or authority
differential between the individuals involved.
46
o What someone should do if they have experienced or witnessed sexual misconduct/sexual
assault, sexual exploitation, dating or domestic violence, or stalking.
o Individuals to whom incidents may be reported along with information regarding what
degree of confidentiality may be maintained by those individuals.
o The availability of, and contact information for, campus and community resources for
victims/survivors of sexual misconduct/sexual assault, sexual exploitation, dating or
domestic violence, or stalking.
o A description of campus and systemwide policies and disciplinary procedures available for
addressing alleged violations and the consequences of violating these policies, including
the fact that such proceedings shall:
• Provide a prompt, fair, and impartial investigation and resolution; and,
• Be conducted by officials who receive annual training on issues related to sexual
misconduct/sexual assault, sexual exploitation, dating or domestic violence, or
stalking and how to conduct an investigation and hearing process that protects the
safety of victims/survivors and promotes accountability.
o The fact that the Complainant and the Respondent will be afforded the same opportunities
to have others present during a disciplinary proceeding, including the opportunity to be
accompanied to any related meeting or proceeding by the Advisor of their choice.
o The fact that both the Complainant and the Respondent shall be simultaneously informed
in writing of:
• The outcome of any disciplinary proceedings that arises from an allegation of a sex
discrimination, sexual harassment, sexual misconduct/sexual assault, sexual
exploitation, dating or domestic violence, or stalking.
• The CSU’s procedures for the Complainant or Respondent to appeal the results of
the disciplinary proceeding.
• Any change to the disciplinary results that occurs prior to the time such results
become final.
• When disciplinary results become final.
o Possible sanctions or remedies the campus may impose following the final determination
of a campus disciplinary procedure regarding sexual misconduct/sexual assault, sexual
exploitation, dating or domestic violence, or stalking.
o How the campus will protect the confidentiality of Complainants, including how publicly
available recordkeeping (e.g., campus Clery reports) will be accomplished without the
inclusion of identifying information about the Complainant to the extent permissible by
law.
o That all students and employees must receive written notification about existing
counseling, health, mental health, victim advocacy, legal assistance, visa and immigration
assistance, student financial aid, and other services available for victims/survivors, both on
campus and in the community.
4
o That all students and employees who report being a victim/survivor of sexual
misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking
must receive written notification of available assistance in, and how to request changing
4
San Francisco State University complies with this requirement by providing this information to
the campus community in writing each year through CSU Learn assignment.
47
academic, living, transportation, and working situations, if requested and if such
accommodations are reasonably available, regardless of whether the victim/survivor
chooses to report the incident to campus police or local law enforcement.
o Procedures victims/survivors are recommended to follow if sexual misconduct/sexual
assault, sexual exploitation, dating or domestic violence, or stalking has occurred, as well
as the fact that the following written information must be provided to victims:
• The importance of preserving evidence following an incident of sexual
misconduct/sexual assault, sexual exploitation, dating or domestic violence, or
stalking, which may also be used to obtain a temporary restraining or other
protective order.
• The name and contact information of the campus Employee(s) to whom the alleged
incident should be reported.
• Reporting to law enforcement and campus authorities, including the option to: (a)
notify law enforcement authorities, including on-campus and local police; (b) be
assisted by campus authorities in notifying law enforcement authorities if the
victim so chooses; and, (c) decline to notify such authorities.
• Where applicable, the rights of victims/survivors and the campus’ responsibilities
regarding orders of protection, no contact directives, restraining orders, or similar
lawful orders issued by a criminal, civil, or tribal court.
Risk Reduction
The CSU provides community members with information and strategies for risk reduction
designed to decrease perpetration, promote bystander intervention and healthy relationships,
empower marginalized voices, and support victims/survivors. Information and strategies for risk
reduction help promote safety and help individuals and communities address conditions that
facilitate violence.
Sexual Misconduct/Sexual Assault
The CSU is committed to maintaining a safe campus for all members of the CSU community. Risk
reduction strategies are focused on creating a culture of respect, reducing the risk for perpetration
and for victimization. It is important to emphasize that only those who engage in sexual
misconduct/sexual assault, dating violence, domestic violence, sexual exploitation, and stalking
are responsible for those actions. With this in mind, the following tips provide some possible
strategies to help promote a caring community and mitigate personal risk.
• Communication is key to healthy relationships and healthy sexual interactions. Obtain
Affirmative Consent from your partner for all sexual activity.
o Affirmative Consent means an informed, affirmative, conscious, voluntary, and
mutual agreement to engage in sexual activity.
o Engaging in any sexual activity without first obtaining Affirmative Consent to
the specific activity is Sexual Misconduct, whether or not the conduct violates
any civil or criminal law.
o Affirmative Consent can be withdrawn or revoked at any time.
o Affirmative Consent to sexual activity in the past does not mean consent in
future – there must be voluntary consent for all sexual activity.
o Lack of protest, resistance, or mere silence does not equal Affirmative Consent.
48
o Sexual activity between a minor (a person younger than 18 years old) and a
person who is at least 18 and two years older than the minor always constitutes
Sexual Misconduct, even if there is Affirmative Consent to all sexual activity.
• Do not engage in sexual activity with someone who is incapacitated.
o A person who is incapacitated by alcohol or drugs cannot give Affirmative
Consent.
o A person who is unconscious or asleep cannot give Affirmative Consent.
o A person’s own intoxication or incapacitation does not diminish their
responsibility to obtain Affirmative Consent from any person with whom they
engage in sexual activity.
• Signs that someone does not respect the importance of consent:
o They pressure or guilt you into doing things you may not want to do.
o They suggest you “owe” them something (including sexual acts) because
you’re dating or because they have done or claim to have done something for
you.
o They react negatively with sadness, anger, or resentment if you don’t consent
to something or don’t do so immediately.
[Source: Love Is Respect
]
Dating/Domestic Violence
COMMON SIGNS OF ABUSIVE BEHAVIOR IN A RELATIONSHIP
According to the National Domestic Violence Hotline, one feature shared by most abusive
relationships is that an abusive partner tries to establish or gain power and control through many
different methods, at different moments. Even one or two of the following behaviors is a red flag
that a partner may be abusive.
• Showing extreme jealousy of friends or time spent away from a partner.
• Preventing or discouraging one’s partner from spending time with friends, family
members, or peers.
• Insulting, demeaning, or shaming a partner, especially in front of other people.
• Preventing one’s partner from making their own decisions about working or attending
school.
• Controlling finances in the household without discussion, including taking a partner’s
money or refusing to provide money for necessary expenses.
• Pressuring one’s partner to have sex or perform sexual acts they are not comfortable with.
• Pressuring a partner to use drugs or alcohol.
• Threatening to harm or take away a partner’s children or pets.
• Intimidating one’s partner with weapons.
• Destroying a partner’s belongings or home
If you notice warning signs in your relationship or that of someone you care about, remember
there are support resources available on your campus, including individuals with whom you can
speak confidentially and who can assist you with making a safety plan. A good starting place for a
list of resources is your campus Title IX webpage. You can also contact the National Domestic
Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.
49
[Source: National Domestic Violence Hotline]
• Abusive behaviors can be difficult to recognize in a relationship, even if you are the one
engaging in them. In addition to some of the common signs of abusive behavior outlined
above, ask yourself if your partner:
• Seems nervous around you,
• Seems afraid of you,
• Flinches, cringes, or retreats when you are emotional,
• Seems scared, or unable to contradict you or speak up around you, and/or
• Restricts their own interactions with friends, family, coworkers, or others in order to avoid
upsetting you.
If you recognize the behaviors above in yourself, or in how your partner reacts, these could be
signs that you are hurting them. This can be a difficult realization to come to but it’s vital that you
do so if you want to change and stop harming your partner. By acknowledging that your actions
are harmful and taking responsibility for them, you can continue to progress on the path toward
correcting them.
You could consider contacting the psychological counseling center on your campus to speak with
a counselor confidentially, or you could contact the National Domestic Violence Hotline at
1.800.799.SAFE (7233), which is free and confidential.
[Source: National Domestic Violence Hotline
]
Abusive behaviors can be difficult to recognize in a relationship, even if you are the one engaging
in them. In addition to some of the common signs of abusive behavior outlined above, ask yourself
if your partner:
• Seems nervous around you,
• Seems afraid of you,
• Flinches, cringes, or retreats when you are emotional,
• Seems scared, or unable to contradict you or speak up around you, and/or
• Restricts their own interactions with friends, family, coworkers, or others in order to avoid
upsetting you.
If you recognize the behaviors above in yourself, or in how your partner reacts, these could be
signs that you are hurting them. This can be a difficult realization to come to but it’s vital that you
do so if you want to change and stop harming your partner. By acknowledging that your actions
are harmful and taking responsibility for them, you can continue to progress on the path toward
correcting them.
You could consider contacting the psychological counseling center on your campus to speak with
a counselor confidentially, or you could contact the National Domestic Violence Hotline at
1.800.799.SAFE (7233), which is free and confidential.
[Source: National Domestic Violence Hotline]
50
Stalking
RESPECTING BOUNDARIES
If someone tells you that they do not want you to contact them or do something like visit their
home or send them gifts, or if they have stopped interacting with you, respect their choice.
Everyone has the right to set boundaries.
RECOGNIZING STALKING BEHAVIORS
A person who engages in stalking may:
• Repeatedly call or send other unwanted communication such as text messages, emails,
social media messages, letters, etc.
• Follow the person and seem to “show up” wherever they are.
• Send unwanted gifts.
• Damage home, car, or other property.
• Monitor phone calls or computer use.
• Drive or linger near the home, school, or work of the person they are stalking.
• Use other people to try and communicate with the person they are stalking, like
children, family, or friends.
[Source: Victim Connect Resource Center
]
Below are some tips from the Stalking Prevention Awareness and Resource Center (SPARC)
regarding steps one can take if they are experiencing stalking:
• Trust your instincts – if you/someone feels they are in immediate danger or fear a
threat of harm, call 911.
• Keep a record or log of each contact with the stalker
• Save evidence when possible, such as emails, text messages, postings on social media,
etc.
Know that there are support resources available on each CSU campus, including individuals with
whom individuals can speak confidentially and who can assist in making a safety plan and/or
seeking a protective order. A good starting place for a list of resources is your campus Title IX
webpage.
Bystander Intervention
The California State University and the campuses provide training on safe and positive options
that may be carried out by an individual or individuals to prevent harm or intervene when there is
a risk of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation,
or stalking. Bystander intervention includes recognizing situations of potential harm,
understanding institutional structures and cultural conditions that facilitate violence, overcoming
barriers to intervening, identifying safe and effective intervention options, and taking action to
intervene. Information about bystander intervention is included in a variety of prevention,
outreach, and awareness programs across the CSU.
This training encourages employees and students to:
• Notice the Event
• Interpret the Event as a Problem
51
• Assume Personal Responsibility
• Learn How to Help
• And Step Up by utilizing the “4 Ds” – Direct, Distract, Delegate, and Delay
o Direct – Directly addressing the situation.
o Distract – Making a simple (or elaborate) distraction to diffuse the situation.
o Delegate – Finding someone else to address the concern.
o Delay – Checking in with the person after to see if you can do anything to
support them.
CSU Policy Definitions
Definitions of conduct that is prohibited under CSU policy are found in Article VII of the CSU
Nondiscrimination Policy. These definitions are applicable in relation to the University’s
administrative processes and may differ from the criminal law definitions (California) found in
Appendix A.
Prevention, Education, and Awareness Programs
It is University policy per CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct,
Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation
(Nondiscrimination Policy) to implement preventive education programs/training to promote the
awareness of CSU policies against discrimination, harassment, sexual misconduct, sexual
exploitation, dating violence, domestic violence, stalking and retaliation. Executive Order 1095
requires programs/training for all new students and new employees; refresher programs/training
at least annually for all students; programs/training twice a year for all students who serve as
advisors in residence halls; annual programs/training for all student members of fraternities and
sororities; annual programs/training for all student-athletes and coaches; and, annual
programs/training for all employees consistent with their role in responding to and reporting
incidents.
Training for all incoming students and new employees declares that San Francisco State prohibits
the offenses of domestic violence, dating violence, sexual assault, and stalking, and includes the
definition of these crimes. These programs outline campus reporting and response procedures,
define consent in reference to sexual activity; provide safe and positive options for bystander
intervention, provide information on risk reduction to recognize warnings of abusive behavior and
how to reduce the rate of attacks on campus by creating a safer campus community for all. It is our
goal to increase empowerment for survivors in order to promote safety and to help individuals and
communities address conditions that facilitate violence.
Primary prevention programs include programming, initiatives, and strategies informed by
research or assessed for value, effectiveness or outcome that are intended to stop discrimination,
harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking
and retaliation before they occur. This done through the promotion of positive and healthy
behaviors that foster mutually respectful relationships and sexuality, encourage safe bystander
intervention, and seek to change behavior and social norms in healthy and safe directions.
Ongoing prevention and awareness campaigns for all students and employees are also conducted.
ACTION CARE TEAM
52
The Action Care Team (ACT) is a multidisciplinary team of key campus partners established by the
Student Affairs & Enrollment Management cabinet area to meet regularly to serve five major
functions for the University:
1. Provide consultation and support to faculty, staff and administrators in assisting students
who display concerning or disruptive behaviors;
2. Gather information to assess situations involving students who display concerning or
disruptive behaviors;
3. Recommend appropriate intervention strategies or disciplinary sanctions;
4. Connect students with needed campus and community resources; and
5. Monitor ongoing behavior of students who have displayed disruptive or concerning
behavior.
While interacting with students across the University, staff may be confronted with situations in
which a student is disruptive or displays behavior that may be intimidating, threatening, or
disturbing to others. The ACT is designed to assist faculty, staff, and administrators in addressing
these situations in a uniform and supportive manner. The ACT's composition and membership is
designed to provide all segments of the University with access to assistance, speedy response,
and information/resources with direction for addressing students' inappropriate behavior in and
outside the classroom.
The ACT will be composed of representatives from various critical areas of the campus community
including the following:
• Counseling & Psychological Services- ACT Co-Chair
• Dean of Students Office- ACT Co-Chair
• University Police Department
• Disability Programs & Resource Center
• Residential Life
• Undergraduate Advising
• College Associate Deans
• Office of Student Conduct
Following the guidance of the National Behavioral Intervention Team Association (NaBITA -
nabita.org
), the ACT will consult with Academic Advising, Athletics, Human Resources, Student
Activities & Events, Career Services & Leadership Development, and other campus offices as
needed. The ACT will receive ongoing training in the assessment of disturbing and threatening
behaviors in students, protocol for intervention and referral, protocol for documentation and
database development within the guidelines of FERPA confidentiality.
The University has zero tolerance for violence against members of the University community. To
fulfill this policy, the University will work to prevent violence from occurring and will ensure
federal and state laws, as well as University regulations prohibiting violence, are fully enforced. In
determining whether conduct constitutes a credible threat or act of violence, the circumstances
surrounding the conduct will be considered.
Established University faculty, staff and the University Police Department procedures will serve as
the mechanisms for resolving situations of violence or threats of violence. Each allegation of
violence will be taken seriously. Individuals are encouraged to report acts of violence, threats of
53
violence or any other behavior which by intent, act or outcome harms another person. For more
information about the Action Crisis Team or to submit a report: https://act.sfsu.edu
.
VOICES FOR CHANGE: NEW STUDENT TRAINING
“Voices for Change” by Get Inclusive is a sexual assault prevention and alcohol abuse awareness
program. Education on sex discrimination, sexual harassment, and sexual misconduct is provided
to all incoming students (freshman, transfers, international students, graduate students, and
College of Extended Learning students). The Equity Programs & Compliance unit coordinates San
Francisco State’s efforts at providing sexual violence prevention education to all incoming
students at our university. San Francisco State uses Get Inclusive “Voices for Change” online
workshop, which empowers students to make well-informed decisions about alcohol and
sexuality, as well as to respond more effectively to the risky behaviors of peers. It also provides
information to understand affirmative consent, healthy relationships, and effective
communication. Additionally, CSU EO 1095 requires campuses to provide a “refresher” training to
all campus students in order that there is a culture of ongoing consciousness-raising and
awareness about sexual violence. In Academic Year 2020-2021, San Francisco State offered Vector
Solutions’ online workshop titled “Rethinking Relationships.”
Every incoming student will be required to take “Voices for Change.” The material covered in the
online course may be distressing for some students, so San Francisco State offers assistance for
those who may need additional information or support around these issues through the Health
Promotion & Wellness Unit at [email protected]
and The SAFE Place.
COUNSELING & PSYCHOLOGICAL SERVICES (CAPS)
Counseling & Psychological Services provides brief therapy to students at no cost. The staff
consists of culturally diverse, professionally trained and licensed counselors, marriage and family
therapists, psychologists, and clinical social workers. Counselors are also available for
consultations regarding distressed or potentially violent students and can be reached at 415-338-
2208. For more information on the CAPS, visit http://caps.sfsu.edu
.
The University Police Department works closely with Counseling & Psychological Services (CAPS).
They work as a team in dealing with sensitive situations and UPD refers persons to Counseling and
Psychological Services on a regular basis. Both University Police Officers and counselors have
received training on risk assessments and the counselors consistently encourage their clients to
report crimes to the University Police Department to prevent future crimes. Counseling sessions
are considered confidential and privileged. The holder of the privilege is the client. Crime
information can be forwarded anonymously at the request of the client. The counselors do not
disclose information to the University Police Department without the consent of the client unless
there is an immediate threat to safety. Any reporting of statistics to comply with this act is done by
reporting numbers and not names so the information provided by clients is confidential.
DISCRIMINATION, HARRASSMENT, & RETALIATION PREVENTION NEW EMPLOYEE AND
SUPERVISOR TRAINING
New employees and supervisors are required to complete online sexual violence awareness and
prevention training which can be accessed here:
https://csu.sumtotal.host/Core/dash/home/Home_San_Francisco. This course is required within the
first six months of hire and every two years thereafter. This course is designed to raise awareness
about workplace harassment and discrimination, and to foster a clear understanding of anti-
54
discrimination laws. It educates employees on inappropriate conduct so that they can apply what
they learn to everyday situations.
Federal law requires all colleges and universities that participate in federal financial aid programs
to train faculty and staff on how to prevent, identify and report incidents of sexual misconduct to
campus authorities. This course provides state-specific legal definitions of sexual violence, and
describes victim protections, bystander intervention strategies, and school disciplinary
proceedings. It also helps post-secondary institutions comply with the employee training
requirements of Title IX and the Campus Sexual Violence Elimination Act (Campus SaVe Act).
Through interactive case studies, videos and real-world examples, this course explains how to
respond to known or suspected sexual violence which includes sexual assault, dating violence,
domestic violence, and stalking. Examples are based on real cases that teach important concepts
to build a safe campus community and create a culture that does not tolerate sexual violence.
Employees will build valuable skills for assisting victims and survivors of sexual violence and
reporting sexual violence.
HEALTH PROMOTION & WELLNESS
In 2015, San Francisco State established the Health Promotion & Wellness (HPW) unit to
coordinate health education and promotion efforts for the San Francisco State University
community, including programs targeted at the prevention of sexual violence.
During the 2022 calendar year, San Francisco State University’s Health Promotion & Wellness
(HPW) unit provided the following sexual violence prevention education workshops, activities and
programs in support of CSU Executive Order 1095 mandated sexual violence prevention efforts:
In February 2022, HPW organized Dating Violence & Stalking Awareness Month (DVSAM)
2022. This included the following:
 February is Dating Violence & Stalking Awareness Month IG Live

Dating While Queer
Community Conversation

Honoring Boundaries
Open Workshop
d.
U there??: Ghosting & Getting Ghosted
Workshop
e.
Handling Rejection
Open Workshop
f.
Moving Forward
: A Community Space for Survivors of Stalking
In April 2022, HPW coordinated Sexual Assault Awareness Month in April 2022 (SAAM).
Campus partners included: The SAFE Place, AS Women’s Center, Student Activities & Events,
Phi Gamma Chi, Equity Programs & Compliance, Sexual Violence Prevention Collaborative at
SF State, Student Kouncil of Intertribal Nations (S.K.I.N.S.) of SFSU, LGBTQ+ Student Life at
SF State, Counseling and Psychological Services, and Residential Life. Workshops and events
for SAAM 2022 included:
 Sexual Assault Awareness Month IG Live

Survivors Speak
: A Writer’s Workshop for Healing

Assert Yourself!: Consent, Relationship Accommodations, & Self Advocacy
Workshop
d. Rainbow Café
Sexual Assault Awareness Month Conversation
e.
How to Support Male Survivors of Sexual Assault
Workshop
f.
Survivors Speak
: A Queer and Trans Open Mic Event

Sex, Consent, & Cultural Media Stereotypes of Women of Color
Workshop
55
h. Denim Day Program

Honoring Us: Accountability & Healthy Relationships
mini-series
j.
Empowered Healing
Workshop Series
k. Sexual Violence Prevention Collaborative (SVPC) Staff & Faculty Info Sessions
 Trauma Informed Professors & Staff (TIPS) Training
In early September to mid-October in 2022, HPW hosted The Link-Up Series, a collaboration
between HPW Alcohol, Tobacco, and Other Drugs (ATOD), Sexual Health Education, and Sexual
Violence Prevention Education programs. This cross-topic workshop series is designed to foster
healthy relationships, while highlighting the interconnections of AOD use, consent, and healthy
sexual communication as a means to provide primary prevention education to address the
Redzone, the first 6-8 weeks of the academic year where sexual assault statistically is likely to
increase. The following workshops were offered as part of this series:
a.
Honoring Boundaries
Workshop
b.
Handling Rejection
Workshop
c.
Sexual Communication
Workshop
d.
From Start to Finish: A Conversation About Relationships
Workshop
e.
Healthy Relationships, Sex, & Substance Use
Workshop
f.
Blacked Out: Yes, No, Maybe?
Workshop
In October 2022, HPW launched its new sexual violence prevention workshop: Building Trust, an
expansion of its healthy relationships skills-building programs that emphasizes the importance of
trust as a building block of healthy communication, connection, and emotional wellness.
In November 2022, HPW, in collaboration with Associated Students Queer & Trans Resource
Center, hosted the Bystander Intervention Against Transphobia workshop. The workshop was
hosted in observance of 2022 Transgender Day of Remembrance with the aim of combating
transphobia and violence to foster safer environments and a healthy campus culture.
EQUITY PROGRAMS & COMPLIANCE
Educational outreach and trainings are provided and facilitated to the campus community by
members of the Equity Programs & Compliance team. The following policy and procedure
trainings were conducted in 2022:
3/3/2022- University Chairs Council- Staff
3/04/2022- Advisor Training
4/13/2022- Student Life Leadership and Student Health - Students
4/25/2022- Student Athletes – Students
8/1/2022 -Associated Students –Students
8/3/2022 - Residential Life – Students
8/18/2022 - Childhood Center – Staff
8/19/2022 - Mashouf Wellness Center – Staff
8/31/2022- Cinema Department – Staff
56
9/13/2022 - Biology Department – Staff
10/14/2022 - English Department – Staff
10/19/2022 - Academic Affairs Council – Staff
10/20/2022 - Rec, Parks, and Tourism Department – Staff
10/24/2022- Student Athletes – Students
11/9/2022 - Campus Staff Forum – Staff
11/9/2022 - Associated Students/Greek Life – Students
11/10/2022- Campus Leadership Forum – Staff
Written Notification
The Title IX Coordinator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation,
Dating Violence, Domestic Violence or Stalking, with the information in Attachment D to the CSU
Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating
Violence, Domestic Violence, Stalking, and Retaliation - Rights and Options for Victims of Sexual
Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, And Stalking. this
written notification is provided regardless of the location of the incident, whether on or off campus.
This same information is provided in writing to all students and employees within the CSU Policy
Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence,
Domestic Violence, Stalking, and Retaliation, and as part of annually assigned training.
This written notice (annually to all students and employees, and specifically to complaints as
outlined above) includes the information below, including:
• Supportive measures
• Rights and options available throughout the reporting process and/or the duration of any
formal or informal complaint resolution process, including campus and criminal reporting
options, available advocates, preserving evidence, medical Care and treatment, and
protective orders.
• Existing counseling, health, mental health, victim advocacy, legal assistance, visa and
immigration assistance, student financial aid, and other services available
You have the right to be offered and receive reasonably available support services and supportive
measures, available both on and off campus. You do not have to file a formal complaint or a
criminal complaint in order to receive support services and/or supportive measures. Supportive
services and supportive measures include, but are not limited to, counseling, victim/survivor
advocates, extensions of deadlines or other course-related adjustments, modifications of work or
class schedules, campus escort services, restrictions on contact between the parties, changes in
work or housing locations, leaves of absence, increased security and monitoring of certain areas of
the campus, and other similar measures. The Title IX Coordinator, University Police Department
and victim/survivor advocate on your campus can provide some of these services directly and/or
provide you with information about and a referral to these and additional resources on and off
campus for support. campus and local area.
Supportive Measures
Supportive Measures are individualized services offered as appropriate, as reasonably available,
and without fee or charge to the Complainant or Respondent regardless of whether a Formal
Complaint is filed. Supportive Measures are designed to restore or preserve equal access to CSU
education programs or activities, or the workplace without unreasonably burdening the other
57
Party, including to protect the safety of all Parties or the educational or work environment.
Supportive Measures may include counseling, extensions of deadlines or other course or work-
related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions
on contact between the parties, changes in work or housing locations, leaves of absence,
increased security and monitoring of certain areas of the campus, and other similar measures. The
Title IX Coordinator/DHR Administrator is responsible for coordinating the effective
implementation of Supportive Measures. Supportive Measures will remain confidential except
when it is not possible to maintain confidentiality in order to provide the Supportive Measures.
The following is a list of on-campus and off-campus resources that offer a variety of services in the
areas of victim advocacy, counseling, health, mental health, legal assistance, visa and immigration
assistance, student financial aid and other areas. Campus advocates can help provide information
about and referral to any of these resources if requested. These resources are available to
victims/survivors whether or not they choose to make a criminal or administrative report.
Resource Name
Type of Services
Contact Information



--










 
-TBD



(CAPS)





-338-2208






 
-
-338-


- es




-
58




-




sfsu.
-800--
-
--












-


(415)338-2032









 
-2032









 

-338-






-







 
59







 



-
-












 
338-



-



 
-
[email protected]


- 
-- --


--













--







--
--
60








-200-










-800--















-




(SPARC)




s
.org/



--








-800--

61
Regardless of whether a victim/survivor decides to maintain confidentiality, these individuals will
still assist victims/survivors in receiving other necessary protection and support, such as victim
advocacy, medical, mental health services, and/or legal services. However, these individuals may
have limited ability to assist a victim/survivor with university academic support or
accommodations, or changes to university-based living or working schedules, as such
accommodations likely require the involvement of other University officials.
If an individual wishes to request an accommodation, they should contact the campus Acting Title
IX Coordinator/DHR Administrator: Lori Makin-Byrd at lmakin[email protected].
Reporting Options
Reporting to University Administration
Complaints of discrimination, harassment, sexual misconduct and sexual assault, dating and
domestic violence, sexual exploitation, and stalking may be addressed through the University
administrative process
5
. A complainant or reporting party can report an incident to the University
by contacting the Title IX Coordinator on their campus. A complainant has the right to have a
support person present with them while making a complaint.
The University will protect the privacy of everyone involved in a report to the greatest degree
possible under applicable law and University policy. Personally identifiable information about the
involved parties will be shared only on a need-to-know basis, e.g., to those who are
investigating/adjudicating the report or those involved in providing support services. By only
sharing personally identifiable information with individuals on a need-to-know basis, the
University will maintain as confidential any supportive measures and remedies provided to the
parties, to the extent that maintaining such confidentiality would not impair the ability of the
University to provide supportive measures and remedies.
The CSU does not publish the name of victims/survivors or other identifiable information
regarding victims/survivors in the Daily Crime Log or in the crime statistics that are disclosed in
the
Annual Security and Fire Safety Report
. Furthermore, if a Timely Warning is issued on the
basis of a report of sexual assault, dating violence, domestic violence, sexual exploitation, or
stalking, the name of and other personally identifiable information about the victim/survivor will
be withheld.
Confidentiality
Depending on the nature of crime and whether or not the victim requested confidentiality, the
police report will indicate that the victim is a confidential victim only and no identifying
information will be released. If the victim does not request confidentiality, depending on the nature
of the crime and method of release, the victim information will be redacted prior to release.
Crime statistics and the daily crime log do not contain victim information.
Reporting to Law Enforcement and Making a Criminal Report
Some forms of misconduct prohibited under the Nondiscrimination Policy may also be prohibited
by law. You have a right to be informed of law enforcement options and information regarding the
availability of a criminal or civil prosecution for victims of crime.
5
See page 64
62
It is a victim’s/survivor’s choice to report a crime. You have the right to report or decline to report
an incident to law enforcement. You have the right to not be forced, coerced, or pressured into
reporting to law enforcement.
A victim/survivor may report an incident to law enforcement at any time. In the event of an
emergency where immediate assistance is required, a victim/survivor should dial 9-1-1 to be
connected with the nearest police department. If there is no emergency, victims/survivors can file a
police report at any time in the jurisdiction where the assault occurred. A confidential victim
advocate can assist the victim/survivor in filing the report if requested.
Victims/survivors of crimes such as sexual assault, sexual exploitation, stalking, dating violence,
domestic violence, abuse, threats of abuse and/or serious harassment all have a right to petition
the court in the appropriate jurisdiction for a protective order (also referred to as a restraining
order).
Your Campus Advocate, University Police Department and Title IX Coordinator are all able to
provide you with more information about pursuing criminal prosecution, civil prosecution and/or
protective orders.
A victim/survivor of specific offenses [enumerated in California Government Code section 6254
(f)(2)(A)] has the right to request to be listed as a confidential victim in a law enforcement agency’s
report. Being listed as a confidential victim in a law enforcement agency’s report prevents the law
enforcement agency from disclosing the confidential victim’s name and address as a matter of
public record. However, the confidential victim’s information can be released to the prosecutor,
parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole
authority, probation officers of county probation departments, or other persons or public agencies
where authorized or required by law. Please see California Penal Code section 293 for more
information.
Preservation of Evidence in Cases of Sexual Misconduct/Sexual Assault, Dating Violence,
Domestic Violence, or Stalking
Victims/survivors are encouraged to preserve all physical evidence, including but not limited to:
clothing worn during the assault, bed sheets, and/or photos of any injuries. This evidence may be
helpful in proving that a crime occurred, in the event the victim/survivor chooses to report now or
in the future. It may also be helpful in obtaining a court-ordered protective or restraining order. If a
victim/survivor does not have any evidence preserved, they still have an option to report the crime
and request a medical evidentiary examination.
Victims/survivors of sexual misconduct, sexual assault, sexual exploitation, stalking, dating
violence and domestic violence are also encouraged to preserve evidence by saving text
messages, instant messages, social networking pages, other communications, pictures, logs or
other copies of documents that may be useful to University investigators or police should the
victim/survivor decide to report now or in the future.
Protective Orders
You may also choose to obtain a protective or restraining order (such as a domestic violence
restraining order or a civil harassment restraining order). Restraining orders must be obtained
from a court in the jurisdiction where the incident occurred. Restraining orders can protect victims
who have experienced or are reasonably in fear of physical violence, sexual misconduct/sexual
63
assault, sexual exploitation, dating or domestic violence, or stalking. University police and your
campus Title IX Coordinator can offer assistance with obtaining a protective or restraining order.
Civil reporting options & protective orders
A victim/survivor may choose to file a civil lawsuit against the alleged offender, whether or not
criminal charges have been filed. A civil lawsuit provides an opportunity to recover actual money
damages, which may include compensation for medical expenses, lost wages, pain, suffering and
emotional distress. An Advocate can assist a victim/survivor with identifying the necessary steps
and processes for filing a lawsuit if requested.
Court-Ordered Restraining Orders
A victim/survivor may choose to obtain a restraining order (such as a domestic violence
restraining order or a civil harassment restraining order). Restraining orders must be obtained
from a court in the jurisdiction where the incident occurred. Restraining orders can help protect a
victim/survivor who has experienced or is reasonably in fear of physical violence, sexual violence,
domestic violence, dating violence and stalking.
New court-ordered restraining orders are to be obtained in the court jurisdiction of where the
incident had occurred. If a new court-ordered restraining order stems from an incident located
within San Francisco, the restraining order will be obtained through the City and County of San
Francisco.
The City and County of San Francisco provides a detailed online guide (
https://sf.courts.ca.gov/self-
help/restraining-orders) obtaining Civil Harassment Restraining Orders, Domestic Violence
Restraining Orders, Elder or Dependent Adult Restraining Orders, Gun Violence Restraining
Orders, and Workplace Violence Restraining orders.
These restraining orders all require different forms that are available from the San Francisco
Superior Court website (https://sf.courts.ca.gov
) or can be physically obtained at the San Francisco
Civic Center Courthouse located at 400 McAllister St (between Polk St and Van Ness Ave).
All completed forms and copies will be filed with the appropriate clerk at the San Francisco Civic
Center Courthouse. Filing fees and fee waiver information can be obtained from the Superior Court
website or PH# 415-551-4000.
For additional assistance, the San Francisco Superior Court ACCESS Center
(https://sf.courts.ca.gov/self-help
) offers a live help line on Monday, Tuesday, and Thursday, from
0800-1600 at: 415-551-0605. The ACCESS Center will give legal information—not legal advice—
regarding Restraining Orders, as well as Family Law, Small Claims Court, and Name and Gender
Change. It should be noted that the ACCESS cannot be used in lieu of legal representation and
information provided directly to the ACCESS Center is not confidential. For information regarding
legal counsel, contact the Bar Association of San Francisco at: 415- 989- 1616.
Emergency Protective Order (EPO)
An Emergency Protective Order (EPO) is a type of restraining order that only law enforcement can
ask for by calling a judge. Typically, this is done by an officer responding to the scene of a
domestic violence incident. Judges are available to issue EPOs 24 hours a day. The EPO takes
effect immediately and can last up to seven calendar days. The judge can order the alleged abuser
to leave the domicile and stay away from the victim and their children for up to a week. This
provides the victim with time to go to court to request a temporary restraining order.
64
Temporary Domestic Violence Restraining Order (TRO)
A TRO is a type of protective order. In order to obtain one, the victim/survivor must fill out
paperwork explaining the facts and why a protective order is needed. If a judge agrees that
protection is needed, the judge will issue a temporary restraining order. Temporary restraining
orders usually last until the court hearing date, typically 20 to 25 days after the petition is filed.
Criminal Protective Order (CPO)
When there is a claim that a domestic violence incident occurred, a criminal charge (or charges)
may be filed by a prosecutor (such as the City Attorney or District Attorney) against the person
who allegedly committed the criminal act. The prosecutor commonly asks a judge to issue a
Criminal Protective Order while the criminal case proceeds. A CPO typically requires the defendant
(the person who allegedly committed the criminal act) to stay away from and not to hurt, threaten,
or communicate with the victim/accuser. If the defendant is convicted of or pleads guilty to the
criminal charge(s), the CPO may last for up to ten years after the case is over.
Civil Harassment Restraining Order
This type of court order is available to individuals who have been harassed by any of the
following: a neighbor, roommate (as long as no dating/romantic relationship existed or exists),
friend, family member more than two degrees removed (e.g., an aunt/uncle, niece/nephew, cousin,
or more distant relative), stranger, or another person not closely related to the victim of the
harassment.
An individual who has been civilly harassed by a current or former spouse/partner, or someone
with whom a dating/romantic relationship existed, or a close relative (parent, child, brother, sister,
grandmother, grandfather, in-law) may qualify for a domestic violence restraining order but would
not qualify for a civil harassment restraining order.
The CSU, Restraining Orders and Protective Orders
The CSU complies with California law in recognizing restraining orders and protective orders. . If
you obtain a restraining order, a copy should be provided to your campus Police Department, the
San Francisco State Police Department.
San Francisco State Police will obtain and hold the copy of the restraining order in our records
system. Violations of the restraining order should be reported to the police.
In order to comply with the restraining order, Title IX Coordinators, DHR Administrators,
Advocates and/or the University Police Department on your campus may assist with setting up
escorts, establishing special parking arrangements, changing classroom or employment locations,
or additional measures as needed. Victim/Survivor Advocates on your campus can offer assistance
with obtaining a restraining order.
Disciplinary Procedures
Disciplinary procedures for sexual misconduct/sexual assault, sexual exploitation, dating and
domestic violence, and stalking will provide a prompt, fair, and impartial process and resolution,
outlined in the following excerpts from the
CSU Policy Prohibiting Discrimination, Harassment,
Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and
Retaliation (“the Policy”) and Student Conduct procedures. As required by law, the excerpts in this
Annual Security Report capture the steps, decisionmakers, and anticipated timelines for both
formal and informal resolution processes, as applicable. For details beyond the steps,
decisionmakers, and anticipated timelines, please see the policy.
65
The campus Title IX Coordinator is the designated administrator to receive reports of Sex
Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence,
Domestic Violence, Stalking, and associated Retaliation.
Lori Makin-Byrd is the Acting Title IX Coordinator/DHR Administrator for San Francisco State. She
can be reached at [email protected], equityprogram[email protected]
and (415)338-2032. To report
misconduct, please use this link: Title IX/DHR Incident Reporting Form (maxient.com). URL:
https://cm.maxient.com/reportingform.php?SFStateUniv&layout_id=3
Complaints against a Chancellor's Office employee, or a campus Title IX Coordinator/
Discrimination, Harassment, and Retaliation Administrator ("DHR Administrator") will be made to
the Chancellor's Office at eo-wbappea[email protected].
6
The campus will respond in a timely and appropriate manner to all Complaints and will take
appropriate action to prevent continuation of and correct Policy violations.
After receiving a report, the Title IX Coordinator will assess the report and provide outreach to the
possible Complainant named in the report. This outreach will include the following:
a. A statement that the campus has received a report of Discrimination, Harassment, Sexual
Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or
Retaliation.
b. A description of the role of the Title IX Coordinator/DHR Administrator.
c. Information regarding counseling and other support resources.
d. A statement regarding the importance of preserving evidence.
e. A statement that the Complainant may, but is not required to, report to law. enforcement
any allegations that could constitute criminal behavior.
f. A request for the Complainant to meet with the Title IX Coordinator/DHR Administrator, or
other designated employee, to discuss the Complainant's options and next steps.
g. A statement that the Complainant can be accompanied by an Advisor of their choice during
any meeting relating to the report and any subsequent Complaint process.
h. Information regarding potential Supportive Measures, where applicable.
i. A brief summary of the investigation procedures.
j. An explanation of how the campus responds to reports of Nondiscrimination Policy
violations and a description of potential disciplinary consequences.
k. A statement that retaliation for making a Complaint or participating in a Complaint process
is prohibited by the Nondiscrimination Policy.
Along with the information provided in the outreach communication, the Title IX Coordinator will
provide Complainants alleging Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic
Violence or Stalking, with the information in Attachment D – Rights and Options for Victims of
Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, and
6
Complaints against a President should be made to the Chancellor's Office, but only if it is alleged
that the president directly engaged in conduct that violates the Policy. Any other Complaints
against a president (for example, that the president had no substantial involvement other than to
rely on or approve a recommendation made by another administrator) will be made to and
addressed by the campus.
66
Stalking. The Title IX Coordinator will describe and offer Supportive Measures to Complainants
during the initial assessment (even if the Complaint is ultimately not investigated).
The Title IX Coordinator will make reasonable efforts to ensure that anyone involved in conducting
investigations, finding facts, and making disciplinary decisions in a matter will be impartial,
neutral, and free from actual Conflicts of Interest.
All persons involved in implementing these procedures (e.g., the campus Title IX Coordinator and
any Deputy Title IX Coordinator(s), Investigators, Human Resource Directors and Hearing Officers
presiding over hearings) shall have relevant annual training on issues related to Sex Discrimination,
Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and
Stalking. Such annual training shall include the CSU complaint processes, as well as the handling,
investigation, and analysis of complaints of Sex Discrimination, Sexual Harassment, Sexual
Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. The annual training
shall also address applicable confidentiality issues, especially with respect to the Title IX
Coordinator's duty to weigh any victim's request for confidentiality against the duty to provide a
safe and nondiscriminatory environment for all members of the campus community. For matters
involving Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking, the
training shall also include how to conduct an investigation and hearing process that protects the
safety of the person(s) involved and promotes accountability.
The Complainant and Respondent may choose to be accompanied by an Advisor of their choice
during meetings or any stage of the Complaint process. The Parties also have the right to consult
with an attorney, at their own expense, or a union representative at any stage of the process if they
wish to do so. An attorney or union representative may serve as a Party's chosen Advisor. The
unavailability of a specific Advisor will not unduly interfere with prompt scheduling.
Applicable Procedures
The campus will investigate or otherwise respond to reports of alleged misconduct committed by
a student in accordance with the Procedures for Complaints of Discrimination, Harassment, Sexual
Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation
Made Against a Student (“Student Respondent Procedures”) if the alleged misconduct violates the
Policy and:
• occurred on campus; or
• involved or impacted a campus program or activity (including campus employment); or
• affected a student's or Employee's ability to participate in a program, activity, or
employment; AND
• The alleged misconduct was committed by a person who at the time of the alleged
misconduct was a student.
The campus will investigate or otherwise respond to reports of alleged misconduct committed by
an Employee or Third-Party in accordance with the Procedures for Complaints of Discrimination,
Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence,
Stalking, and Retaliation Made Against an Employee or Third-Party (“Employee or Third-Party
Respondent Procedures”) if the alleged misconduct violates the Policy and:
• occurred on campus; or
• involved or impacted a campus program or activity (including campus employment); or
67
• affected a student's or Employee's ability to participate in a program, activity, or
employment; AND
• The alleged misconduct was committed against a person who at the time of the alleged
misconduct was a student, or the alleged misconduct was committed by or against an
Employee.
Depending on the circumstances, the campus response may or may not include a formal
investigation. When a Complainant requests that no investigation occur, the Title IX Coordinator
will balance the request against the campus' duty to provide a safe and nondiscriminatory
environment for all members of the campus community.
The Track System
There are three possible sets of procedures ("tracks") for formal resolution of Complaints against a
Student
7
(Track 1, Track 2, Track 3) as required by federal and state law. There are two sets of
procedures ("Tracks") for formal resolution of Complaints against an Employee or a Third-Party
(Track 1 or Track 3) as required by federal and state law. The remaining track, track 2: State
Mandated Hearing Process, is not applicable to Complaints against Employees or Third Parties, as
it applies only to certain Complaints against Students. Which procedure applies to any given
Complaint will depend on a variety of factors described below. Questions about which procedures
apply to any specific case should be directed to the campus Title IX Coordinator and/or the
Discrimination, Harassment, and Retaliation Administrator ("DHR Administrator").
Prior to a Notice of Investigation being sent to the Complainant and the Respondent, the Title IX
Coordinator/DHR Administrator will determine which Track applies.
• Track 1 applies when the alleged conduct:
o Meets the definition of Sexual Harassment as defined in Article VII.C of the Policy;
and
o Occurred in the United States; and
o Occurred in an education program or activity at the university, as defined in Track 1
• Track 2 applies when:
o The Complaint is against a student; and
o The Complaint is one of Sexual Misconduct, Dating Violence, or Domestic Violence;
and
o The credibility of one (or both) of the Complainant and the Respondent ("the
Parties"), or any witness is central to the determination as to whether the student
violated the policy; and
o The student is facing a severe disciplinary sanction (expulsion or suspension) if
found to be in violation of university Policy.
7
A Complaint against a Student-Employee where the alleged conduct arose out of the
Respondent's status as an Employee and not their status as a student, should be made using the
Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation,
Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-
Party.
68
• Track 3 applies to all other Complaints under these procedures that allege a Policy
violation.
Under Track 1 or 2, the campus will conduct an investigation, and the Complaint will proceed to a
hearing unless otherwise resolved. An Investigator will first interview the Complainant, the
Respondent, and any witnesses, and gather any documentary evidence. The hearing will occur
once an investigation has finished. During the hearing, a hearing officer listens to the witnesses,
including the Complainant and the Respondent, and analyzes the evidence, before deciding
whether or not the Respondent violated the Policy.
Under Track 3, an Investigator interviews the Complainant, the Respondent, and any witnesses,
gathers any documentary evidence, analyzes the evidence, and decides whether or not the
Respondent violated the Policy. There is no hearing in Track 3 cases.
Standard of Evidence
The Preponderance of the Evidence based on the facts available at the time of the decision is the
standard for demonstrating facts and reaching conclusions in an investigation and hearing that
uses the Procedures. Preponderance of the Evidence means the greater weight of the evidence;
i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on
the other side.
Dismissal/Referral
When the Title IX Coordinator receives a Formal Complaint under Track 1, or where new
information or events arise under this Track, the Title IX Coordinator will assess whether the
Formal Complaint meets the requirements of the Federal Regulations to move forward under the
process under Track 1. A determination that allegations in a Formal Complaint do not meet the
requirements of the Federal Regulations will result in a mandatory dismissal of the allegations in
the Formal Complaint that do not meet the requirements and, in some cases, a referral of the
allegations to another process as the campus may have an obligation to address the matter under
other laws and policies. The Title IX Coordinator will determine whether allegations in a Formal
Complaint must be dismissed for purposes of the Federal Regulations. If a Formal Complaint is
dismissed it may still be referred, if appropriate, to be addressed under the processes in Track 2 or
Track 3, CSU Executive Order 1098, or other applicable policies.
At any time after a Complaint has been accepted for investigation, it is within the discretion of the
Title IX Coordinator/DHR Administrator to dismiss a Complaint, or any part of a Complaint, if the
Complainant notifies the Title IX Coordinator/DHR Administrator in writing that they would like to
withdraw the Complaint or any part of it, or if the specific circumstances prevent the campus from
gathering evidence necessary to reach a determination as to the Complaint or part of the
Complaint.
8
Written notice of dismissal (mandatory or discretionary) and reason(s) for the dismissal will be
sent simultaneously to the Parties when a Title IX Coordinator dismisses any Complaint. The
notice will inform the Parties of their right to appeal the dismissal, whether the matter will be
referred to another process, and the process for submitting an appeal.
8
Formal complaints under track 1 may be discretionarily dismissed for the additional reason that
the Respondent is no longer a student or Employee
69
Either Party may appeal from a dismissal of a Complaint or any part of the Complaint. The appeal
must be filed within 10 Working Days from the date of the notice of dismissal.
Appeals against a dismissal under Track 1 will be filed with the Chancellor's Office (CO) and will be
addressed to:
Systemwide Title IX Unit
Systemwide Human Resources
Office of the Chancellor
TIX-Dismissal-[email protected]
Appeals against a dismissal under Track 2 or Track 3 will be submitted to the Chancellor’s Office
and will be addressed to:
Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu
If a Party is unable to file an appeal or a response to an appeal electronically, they should contact
the campus Title IX Office for assistance. When an appeal is submitted, the other Party as well as
the campus Title IX Coordinator will be notified in writing. In response to the appeal, the other
Party will be given 5 Working Days from their receipt of notice of the appeal to submit a written
statement in support of or challenging the dismissal. Within 10 Working Days of the CO's receipt of
the appeal, the Parties will simultaneously receive (via email) a written decision with explanation.
Informal resolution
The CSU recognizes some Parties may desire resolution of their matter through an Informal
Resolution process ("Informal Resolution"), instead of through the formal resolution process
(described below). Accordingly, Parties may mutually agree, with the agreement of the Title IX
Coordinator, to resolve a Complaint through an Informal Resolution process, instead of
undergoing the formal resolution process
9
. The Informal Resolution process is entirely voluntary
and will not occur unless both Parties agree in writing to participate in an Informal Resolution
process.
The Title IX Coordinator/DHR Administrator will oversee the Informal Resolution process, conduct
an initial and on-going assessment as to whether the Informal Resolution process should continue,
and make the final determination on all Informal Resolutions facilitated by the Title IX Coordinator
9
Track 1, a Formal Complaint must be filed before the informal resolution process may take place
and that under Track 1, informal resolution cannot be used to resolve allegations that an employee
sexually harassed a student
70
or designee regarding whether the terms agreed to by the Parties are appropriate in light of all of
the circumstances of the Complaint. In some circumstances, depending on the nature and/or
severity of the allegations, an Informal Resolution may not be appropriate, and the Title IX
Coordinator/DHR Administrator will not approve an Informal Resolution. Prior to approving an
Informal Resolution, the Title IX Coordinator/DHR Administrator will consult with the appropriate
administrator in human resources or faculty affairs
10
Prior to engaging in an informal resolution process, the campus will obtain the Parties' voluntary,
written consent. Parties who choose to participate in the voluntary Informal Resolution process
will be sent a notice of agreement to engage in Informal Resolution. The notice will include the
following:
• An explanation that at any time prior to agreeing to a resolution, any Party has the right to
withdraw from the Informal Resolution process and resume the investigation process.
• The Parties' right to consult with an Advisor.
• Any resolution must be in writing and signed by both Parties and the Title IX
Coordinator/DHR Administrator.
• Once the Informal Resolution process is finalized, neither Party is permitted to file another
Complaint arising from the same allegations.
The Informal Resolution process may take place at any time before a determination of
responsibility is made, but no later than 60 Working Days after both Parties provide voluntary,
written consent to participate in the Informal Resolution process.
Any agreed-upon Remedies and disciplinary sanctions agreed to in an Informal Resolution have
the same effect as Remedies given and sanctions imposed following an investigation (and/or
hearing), consistent with any applicable collective bargaining agreements.
The terms of any Informal Resolution must be put in writing and signed by the Parties, and the
Title IX Coordinator. The resolution will be final and not appealable by either Party.
Investigation and Hearing for Track 1
Supportive Measures
After receiving a report of Sexual Harassment, the Title IX Coordinator will contact the
Complainant promptly to discuss the availability of Supportive Measures. The Title IX Coordinator
will conduct an intake meeting with any Complainant who responds to outreach communication,
or otherwise makes a report of a potential Policy violation to discuss the Complainant's options,
explain the process, and provide information about Supportive Measures. During the discussion,
the Title IX Coordinator will consider the Complainant's wishes with respect to Supportive
Measures, inform the Complainant of the availability of Supportive Measures with or without the
filing of a Formal Complaint
11
, and explain the process for filing a Formal Complaint.
10
For matters involving students, this consultation will be with the student conduct administrator.
11
Formal Complaint means a document or electronic submission filed by a Complainant that
contains the Complainant's physical or digital signature15 or a document signed by the Title IX
Coordinator alleging Sexual Harassment against a Respondent and requesting an investigation of
the allegation of Sexual Harassment. At the time that the Formal Complaint is filed, a Complainant
must be participating in or attempting to participate in an Education Program or Activity of the
CSU.
71
Notice of Allegations
When the Title IX Coordinator receives a Formal Complaint, the Title IX Coordinator will
Simultaneously provide both Parties a written notice of allegations. If new allegations are raised
during the investigation that were not included in the notice of allegations, a revised notice of
allegations will be issued Simultaneously to the Parties. If the notice of allegations also serves as
notice of a Respondent's expected attendance at an interview, it will include details of the date,
time, location, participants, and purpose of that interview. The notice of allegations must be
provided to a Respondent at least 5 Working Days prior to the interview. If a Respondent requests
to meet sooner than 5 Working Days after receipt of the notice of allegations, they should verbally
confirm at the start of the meeting that they are aware that they were provided notice of at least 5
Working Days and this confirmation should be documented by the Title IX Coordinator or
Investigator.
Investigation of a Formal Complaint
The Title IX Coordinator will either promptly investigate the Formal Complaint or assign this task
to another Investigator. If assigned to another Investigator, the Title IX Coordinator will monitor,
supervise, and oversee all such delegated tasks, including reviewing all investigation draft reports
before they are final to ensure that the investigation is sufficient, appropriate, impartial, and in
compliance with Track 1.
The investigator will take reasonable steps to gather all relevant evidence from the Parties, other
witnesses, or other sources. The investigator will document the steps taken to gather evidence,
even when those efforts are not successful.
The Complainant and the Respondent may each elect to be accompanied by an Advisor to any
meeting, interview, or proceeding regarding the allegations that are the subject of a Formal
Complaint. The advisor may be anyone, including a union representative from the Complainant's
or Respondent's collective bargaining unit, an attorney, or, in the case of the Complainant, a
Sexual Assault Victim's Advocate.
Parties will be provided written notice of the date, time, location, names of participants, and
purpose of all meetings and investigative interviews at which their participation is expected. This
written notice should be provided with at least 3 Working Days for the Party to prepare to
participate in the meeting or interview. This requirement will not apply where a Party themselves
requests to meet with the Title IX Coordinator or Investigator or as addressed in Article VI of Track
1.
If a Party requests to meet with the Title IX Coordinator sooner than 3 Working Days after receipt
of written notice of an investigative interview or meeting, they should verbally confirm at the start
of the interview or meeting that they are aware that they were provided notice of at least 3
Working Days and this confirmation should be documented by the Title IX Coordinator or
Investigator.
Review of Evidence
Before issuing a final investigation report, the investigator will send to the Complainant and
Respondent, and their respective advisors, if any, all evidence (including evidence upon which the
campus does not intend to rely) obtained as part of the investigation that is Directly Related to the
allegations raised in the Formal Complaint (preliminary investigation report).
Each Party will be given a minimum of 10 Working Days for the initial review of evidence to
respond to the list of disputed facts and evidence and submit additional questions for the other
72
Party and witnesses. This timeframe may be extended at the discretion of the Title IX Coordinator
(either on their own or in response to a Party's request). The extension must be made available to
both Parties, who must be notified as such. During the review of evidence, each Party may:
• Meet again with the investigator to further discuss the allegations.
• Identify additional disputed facts.
• Respond to the evidence in writing.
• Request that the investigator ask additional specific questions to the other Party and
other witnesses.
• Identify additional relevant witnesses.
• Request that the investigator gather additional evidence.
The investigator will share with the Parties the answers to questions posed during the review of
evidence. If additional disputed material facts are identified or evidence is gathered, it will be
included in the preliminary investigation report (or in a separate addendum) and shared with all
Parties, who will be given a reasonable opportunity to respond to the new evidence and submit
additional questions to the other Party and other witnesses about the new evidence only. The
investigator determines when it is appropriate to conclude the review of evidence.
Final Investigation Report
After the review of evidence phase is concluded, the Parties will receive a final investigation report
that will summarize all Relevant evidence (inculpatory and exculpatory), including additional
Relevant evidence received during the review of evidence. Any Relevant documentary or other
tangible evidence provided by the Parties or witnesses, or otherwise gathered by the Investigator
will be attached to the final investigation report as exhibits. The final investigation report shall be
sent to the Parties and their respective advisors, if any, in electronic format (which may include use
of a file sharing platform that restricts the Parties and any Advisors from downloading or copying
the evidence) or hard copy. The Parties and their advisors will be provided 10 Working Days to
review and provide a written response to the final investigation report.
Timeframe
Absent a determination of good cause made by the investigator or Title IX Coordinator (of which
the Parties will receive written notice): (i) the investigation should be concluded within 100
Working Days from the date that the notice of allegations is provided to the Parties; and (ii) the
final investigation report should be completed and provided to the Parties within 10 Working Days
after the review of evidence has concluded. Extensions may be granted for good cause as
determined by the Title IX Coordinator. The Parties will receive written notice from the Title IX
Coordinator or designee if an extension is necessary and why. The notice will indicate if the
extension alters the timeframes for the major stages of the Formal Complaint process.
Within 10 Working Days after the Parties have been provided the final investigation report, the
Parties will be informed of the timelines that will apply to the pre-hearing and hearing processes
described below. The Parties will be required to provide the name and contact information for their
hearing advisor within 5 Working Days after notice of the hearing timeline.
Track 1 Hearing
The Parties will be given written notice of the date, time, location, participants, and purpose of the
hearing, as well as the identity of the hearing officer. Notification of the hearing will be sent to the
designated CSU campus email address, unless the recipient has specifically requested in writing to
the hearing coordinator that notice be given to a different email address. Communications from
73
the hearing coordinator will be deemed received on the date sent. The hearing will not be set
sooner than 20 Working Days after the date of notice of hearing. Any objections to an appointed
hearing officer must be made in writing to the hearing Coordinator within 5 Working Days after
notice of the identity of the hearing officer has been communicated to the Parties.
No later than 15 Working Days before the hearing, each Party may provide to the hearing
coordinator a proposed witness list that includes the names of, and current contact information
for, that Party's proposed witnesses as well as an explanation of the relevance of each proposed
witness's testimony and the disputed issue to which the witness's testimony relates. The hearing
officer may also identify witnesses from the final investigation report.
No later than 10 Working Days before the hearing, the hearing coordinator will share a final
witness list with the Parties, and notify each witness of the date, time, and location of the hearing.
Witnesses will be directed to attend the hearing and to promptly direct any questions or concerns
about their attendance at the hearing to the hearing coordinator.
No later than 5 Working Days prior to the hearing, the Parties may submit a list of proposed
questions to the hearing coordinator. The questions will be provided to the hearing officer. Parties
are strongly encouraged to provide questions in advance of the hearing in order to streamline the
hearing process and provide the hearing officer an opportunity to resolve relevancy concerns prior
to the hearing. The proposed questions will not be shared with the other Party.
The hearing will begin with an overview of the hearing process given by the hearing officer, after
which the Parties will be given an opportunity to ask questions about the hearing process. Each
Party will be given an opportunity to make an opening statement that may not last longer than 10
minutes. Only the Parties themselves will be permitted to make opening statements. The hearing
advisor and any advisor are not permitted to make the opening statement. The advisor may not
speak during the hearing. Closing arguments will not be made.
Generally, the hearing officer will start the questioning of witnesses and Parties. The Investigator
or the Title IX Coordinator (if not the Investigator) will be the first witness and will describe the
Formal Complaint, investigation process, and summarize the evidence. Hearing advisors will be
permitted to ask Relevant questions once the hearing officer has concluded their questioning of
the other Party and each witness. The hearing officer may ask questions of any Party or witness
who participates in the hearing.
Determination and notification Regarding Responsibility Under Track 1
After the hearing, the hearing officer will make written findings of fact and conclusions about
whether the Respondent violated the Policy with respect to the definition of Sexual Harassment
12
.
The hearing coordinator will Simultaneously send the hearing officer's report promptly to the
Parties, the Title IX Coordinator, and the appropriate campus administrator, usually within 15
Working Days of the close of the hearing.
If no violation of the Policy is found, the president (or designee) will be notified along with the
Parties. The notification will include the outcome of the hearing, a copy of the hearing officer's
12
See definition of Sexual Harassment in the CSU Policy Prohibiting Discrimination, Harassment,
Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and
Retaliation
74
report (redacted as appropriate or as otherwise required by law) and notice of the Complainant's
and Respondent's right to appeal to the Chancellor's Office.
If a violation of the Policy is found, within 5 Working Days of receiving such finding the Parties
may submit to the hearing coordinator an impact statement or other statement regarding
discipline that is no more than 2000 words in length. The document is an opportunity for the
Parties to suggest disciplinary outcomes and to provide information that they believe is important
for the hearing officer to consider. The student conduct administrator and/or appropriate campus
administrator responsible for discipline and Title IX Coordinator may also submit a written
statement regarding aggravating and mitigating factors that provides a recommendation
regarding the disciplinary outcome, including information regarding prior disciplinary outcomes
for similar conduct and whether the Respondent was previously found to have violated university
policy.
Within 5 Working Days after receiving and considering any impact or other statements submitted
by the Parties and other statements described above, the hearing officer will submit the hearing
officer's report to the president (or designee). The hearing officer's report will be amended to
include a statement of, and rationale for, any recommended disciplinary sanctions to be imposed
on the Respondent ("final hearing officer's report"). The final hearing officer's report will attach the
final investigation report.
In cases where the hearing officer has found a violation of the Policy, the president (or designee)
will review the final investigation report and the final hearing officer's report and issue a decision
("decision letter") concerning the appropriate sanction or discipline within 10 Working Days of
receipt of the final hearing officer's report.
The president (or designee) will simultaneously send the decision letter electronically to the
Respondent and Complainant at the campus-assigned or other primary email address linked to
their campus accounts.
13
The decision letter will include:
• The outcome of the hearing, including any sanction imposed, and the name of the
Respondent(s).
• Information regarding the procedures and permissible bases for the Complainant and
Respondent to appeal to the Chancellor's Office.
• If a finding of responsibility is made against the Respondent, a statement as to whether
Remedies will be provided to the Complainant that are designed to restore or preserve
equal access to the campus's education program or activity. The specifics of any such
Remedies may be discussed separately between the Complainant and the Title IX
Coordinator and need not be included in the decision letter.
• A copy of the final hearing officer's report will be attached to the decision letter, redacted
as appropriate or as otherwise required by law.
The determination regarding responsibility and any sanctions become final either on the date that
the Chancellor's Office provides the Parties with the written determination of the result of the
appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no
longer be considered timely (11 Working Days after the date of the decision letter).
13
Communication with Parties who are neither Students nor Employees will be sent to an email
address that they designate.
75
Investigation and Hearing (if applicable) for Tracks 2 and 3
At the onset of the investigation, the Title IX Coordinator/DHR Administrator will simultaneously
provide both Parties a notice of investigation.
In the notice of investigation, the Title IX Coordinator/DHR Administrator will schedule an initial
meeting with the Respondent. At this meeting, the Title IX Coordinator/DHR Administrator will
explain the allegations against the Respondent, as well as the investigation process, and the
Respondent's rights during the process. The Title IX Coordinator/DHR Administrator will also
explain that during the investigation, the Respondent and the Complainant will have the
opportunity to present evidence, identify witnesses, and review evidence.
During the investigation, the Investigator will take reasonable steps to gather all relevant evidence
from the Parties, other witnesses, or other sources. The Investigator will document the steps taken
to gather evidence, even when those efforts are not successful. Before finalizing the investigation,
the Investigator will share with the Complainant and Respondent a preliminary investigation
report, along with all relevant evidence gathered. Each Party will be given a reasonable
opportunity to respond to the preliminary investigation report and any attached evidence and ask
questions.
In matters where a hearing is not required (Track 3 cases)
14
, a final investigation report will be
provided to the Parties along with a notice of investigation outcome. The final investigation report
will include a summary of the allegations, the investigation process, the Preponderance of the
Evidence standard, a detailed description of the evidence considered, analysis of the evidence
including relevant credibility evaluations, and appropriate findings. Relevant exhibits and
documents will be attached to the written report. The final investigation report will be attached to a
notice of investigation outcome and include the following: a summary of the allegations and the
investigative process, that the Preponderance of the Evidence standard was employed, a summary
of the findings of fact, a determination as to whether the Nondiscrimination Policy was violated,
and if so, any Remedies to be afforded to the Complainant, and notice of Parties' right to appeal
under these procedures. The notice may be delivered to the Parties electronically. If the notice
includes a determination that the Policy was violated, the Title IX Coordinator/DHR Administrator
will notify the campus student conduct administrator (where the Respondent is a
student)/appropriate campus administrator (where the Respondent is an employee) of the
investigation outcome and provide a copy of the final investigation report.
The Title IX Coordinator/DHR Administrator or designee will send the Final Investigation Report to
the Parties within 100 Working Days from the date that the Notice of Investigation is provided to
the Parties. Extensions may be granted for good cause as determined by the Title IX
Coordinator/DHR Administrator. The Parties will receive written notice from the Title IX
14
Under Track 2, the process will proceed to a hearing, as outlined below, and the final
investigation report will include all of the information included in the preliminary investigation
report as well as additional relevant evidence received during the review of evidence. Any relevant
evidence provided by the Parties or witnesses, or otherwise gathered by the Investigator, will be
attached to the final investigation report, or made available for review by the Parties. Evidence
offered by the Parties or any other witnesses that the Investigator concluded is not relevant will be
noted but not included in the final investigation report and should be available at the time of the
hearing such that it can be provided to the hearing officer if requested.
76
Coordinator/DHR Administrator or designee if an extension is necessary and why. The notice will
indicate if the extension alters the timeframes for the major stages of the Complaint process.
Any communications relating to the outcome of an investigation or hearing, including any changes
to the outcome or when the outcome becomes final, will be provided in writing simultaneously to
the Complainant and the Respondent.
Track 2 Hearing process:
As stated above in the explanation of Track 2, a hearing will be required (unless the case is
resolved by way of Informal Resolution). Below are the steps, decision-makers, and anticipated
timelines for a Track 2 hearing process that commences after the issuance of the final Investigative
report.
Prior to a hearing:
Parties will be given written notice of the date, time, location, and purpose of the hearing as well
as the identity of the hearing officer. The Parties will be sent a notice of the hearing at least 20
Working Days before the hearing. Objections to an appointed hearing officer will be made in
writing to the hearing coordinator no later than 5 Working Days after notice of hearing has been
sent to the Parties.
No later than 15 Working Days before the hearing, each Party will provide to the hearing
coordinator a proposed witness list that includes the names of, and current contact information
for, that Party's proposed witnesses as well as an explanation of the relevance of each proposed
witness' testimony. The hearing officer may also identify witnesses from the Final Investigation
Report.
Where there is more than one Respondent or Complainant in connection with a single occurrence
or related multiple occurrences, the hearing officer and the Parties may agree to a single hearing.
A Party may request consolidation with other cases, or the Title IX Coordinator, may initiate the
consolidation (subject to FERPA and other applicable privacy laws). Request for consolidation will
be made no later than 15 Working Days before the hearing. The hearing officer makes
consolidation decisions.
Parties must provide the name of, and contact information for, the Party's Advisor and Support
Person (if any) to the hearing coordinator 15 Working Days before the hearing.
No later than 10 Working Days before the hearing, the hearing coordinator will share a final
witness list with the Parties, and notify each witness of the date, time, and location of the hearing.
Witnesses will be instructed to attend the hearing and to promptly direct any questions or
concerns about their attendance at the hearing to the hearing coordinator. No later than 5 Working
Days before the hearing, the Parties will submit to the hearing coordinator any objections to, or
questions about, the witness list.
At the hearing:
Each Party will be given an opportunity to make an opening statement that will last no longer than
10 minutes. The Parties will not make closing statements. An opening statement is intended to
give the Parties the opportunity to share their perspective regarding the facts and discuss the core
disputes in the investigation. It should focus on the facts of the matter and not be argumentative.
Parties will have the opportunity to submit written questions to the hearing officer in advance of
the hearing. The Parties may also submit written follow-up questions to the hearing officer during
77
the hearing, at appropriate times designated by the hearing officer. The hearing officer will ask the
questions proposed by the Parties except for questions that:
1. Seek information about the Complainant's sexual history with anyone other than the
Respondent (unless such evidence about the Complainant's sexual behavior is offered
to prove that someone other than the Respondent committed the alleged misconduct).
2. Seek information about the Respondent's sexual history with anyone other than the
Complainant, unless such information is used to prove motive or pattern of conduct.
3. Seek information that is unreasonably duplicative of evidence in the hearing officer's
possession.
4. The hearing officer determines are not relevant to material disputed issues, are
argumentative or harassing or unduly intrude on a witness' privacy.
At the hearing, each Party will have an opportunity to ask questions, submit concerns, or note an
objection to questions posed. All such questions, concerns, or objections will be submitted in
writing to the hearing officer. The hearing officer is not required to respond to an objection, other
than to include it in the record.
The hearing officer has the authority and duty to decline or rephrase any question that the hearing
officer deems to be repetitive, irrelevant, or harassing. Formal rules of evidence applied in
courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. However, the
hearing officer may take guidance from the formal rules of evidence.
After the hearing:
After the hearing, the hearing officer will make written findings of facts and conclusions about
whether the Respondent violated the Policy. The Title IX Coordinator will review the hearing
officer's report to ensure compliance with the Policy. The hearing coordinator will forward the
hearing officer's report promptly to the Parties, the Title IX Coordinator, and the student conduct
administrator, usually within 15 Working Days of the close of the hearing.
If no violation is found, the hearing coordinator will notify the Parties of their appeal rights. The
campus president (or designee) will also be notified.
If a violation is found, the Parties may submit to the hearing coordinator an impact statement or
other statement regarding discipline. The statement may not be more than 2000 words in length
and will be submitted no later than 5 Working Days after the hearing officer's report is sent to the
Parties. The statement is an opportunity for the Parties to suggest disciplinary outcomes and to
provide information that they believe is important for the hearing officer to consider. The student
conduct administrator and the Title IX Coordinator may also submit a written statement regarding
aggravating and mitigating factors no later than 5 Working Days after the hearing officer's report is
sent to the Parties.
Within 5 Working Days after receiving and considering the statements described above, the
hearing officer will submit the hearing officer's report to the president (or designee), including
recommended sanctions (as defined in Executive Order 1098 Student Conduct Procedures
15
) if a
Respondent has been determined to have violated university Policy.
Within 10 Working Days of receipt of the hearing officer's report, the president (or designee) will
review the Investigation Report and the hearing officer's report and issue a decision concerning
15
See Sanctions, below
78
the appropriate sanction. The president may impose the recommended sanctions, adopt a
different sanction or sanctions, or reject sanctions altogether. If the president adopts a sanction
other than what is recommended by the hearing officer, the president must set forth the reasons in
the Decision Letter. The president will simultaneously send the decision letter electronically to the
Respondent and Complainant. The decision letter will include: the outcome of the hearing,
including any sanction imposed, and the name of the Respondent(s) , a copy of the hearing
officer's Report, and notice of the Complainant's and Respondent's right to appeal. The decision
will also be sent to the student conduct administrator and the hearing officer. Unless the campus
and Parties are notified that an appeal has been filed, the president's (or designee's) sanction
decision becomes final 11 Working Days after the date of the decision letter.
Sanctions
Discipline for Employees includes, but is not limited to, suspension, demotion, and termination of
employment.
Employees disciplined by the university may be entitled to additional processes as required by law
and/or collective bargaining agreements, including in some cases the right to a hearing before an
independent arbitrator or a state agency where the employee may contest the discipline.
The following sanctions may be imposed for violation of the Student Conduct Code:
16
•
Restitution. Compensation for loss, damages or injury. This may include
appropriate service and/or monetary material replacement.
•
Loss of Financial Aid. Scholarships, loans, grants, fellowships and any other types
of state financial aid given or guaranteed for the purposes of academic assistance
can be conditioned, limited, canceled or denied.
8
• Educational and Remedial Sanctions. Assignments, such as work, research,
essays, service to the University or the community, training, counseling, removal
from participation in recognized student clubs and organizations (e.g., fraternities
and sororities), and/or University events, or other remedies intended to discourage
similar misconduct or as deemed appropriate based upon the nature of the
violation.
•
Denial of Access to Campus or Persons. A designated period of time during
which the Student is not permitted: (i) on University Property or specified areas of
Campus,
9
or (ii) to have contact (physical or otherwise) with the Complainant,
witnesses or other specified persons.
• Disciplinary Probation. A designated period of time during which privileges of
continuing in Student status are conditioned upon future behavior. Conditions may
include the potential loss of specified privileges to which a current Student would
otherwise be entitled, or the probability of more severe disciplinary sanctions if the
student is found to violate the Student Conduct Code or any University policy
during the probationary period.
•
Suspension. Temporary separation of the student from active Student status or
Student status.
o A Student who is suspended for less than one academic year shall be
placed on inactive Student (or equivalent) status (subject to individual
16
Found in Article V, Executive Order 1098 Student Conduct Procedures
79
Campus policies) and remains eligible to re-enroll at the University (subject
to individual Campus enrollment policies) once the suspension has been
served. Conditions for re-enrollment may be specified.
o A Student who is suspended for one academic year or more shall be
separated from Student status but remains eligible to reapply to the
University (subject to individual Campus application polices) once the
suspension has been served. Conditions for readmission may be specified.
o Suspension of one academic year or more, withdrawals in lieu of
suspension, and withdrawals with pending misconduct investigations or
disciplinary proceedings shall be entered on the student's transcript
permanently without exception; this requirement shall not be waived in
connection with a resolution agreement.
•
Expulsion. Permanent separation of the Student from Student status from the
California State University system. Expulsion, withdrawal in lieu of expulsion, and
withdrawal with pending misconduct investigation or disciplinary proceeding shall
be entered on the student's transcript permanently, without exception; this
requirement shall not be waived in connection with a resolution agreement.
Appeals
A written appeal may be submitted to the Chancellor's Office no later than 10 Working Days after
the date of the decision letter (Tracks 1 & 2) or notice of investigation outcome (Track 3). All
arguments and/or evidence supporting the appeal must be submitted by the deadline to file the
appeal. Evidence/arguments submitted after the appeal submission deadline will not be
considered by the Chancellor's Office. A written appeal may not exceed 3,500 words, excluding
exhibits. Appeals will be submitted to:
Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu
The Chancellor's Office will provide prompt written acknowledgement of the receipt of the appeal
to the appealing Party, and will provide written notification of the appeal, including a copy of the
appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The
notice will include the right of the non-appealing Party and the campus to provide a response to
the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to
3,500 words, excluding exhibits. Any response to the appeal received by the Chancellor's Office
will be provided to the appealing Party for informational purposes only.
The Chancellor's Office will not conduct a new investigation; however, the Chancellor's Office may
make reasonable inquiries to determine if the new evidence could have affected the investigation
or hearing determination. A copy of the final Chancellor's Office appeal response will be forwarded
to the Complainant, the Respondent, and the Title IX Coordinator/DHR Administrator.
80
If the Chancellor's Office review determines that an issue raised on appeal would have affected the
investigation outcome or hearing outcome, the investigation or hearing will be remanded back to
the campus and the investigation or hearing reopened at the campus level. The Chancellor's Office
will return the matter to the campus and will specify in writing the timeline by which a reopened
investigation or hearing must be completed. The Chancellor's Office will notify the Parties of the
reopening of the investigation or hearing and the timeline for completion of the reopened
investigation or hearing. The campus will complete the reopened investigation or hearing and
provide the Chancellor's Office with an amended final investigation report/final decision. The
campus will also provide the Parties with amended notices of investigation outcome/final decision,
and such notices will provide the non-prevailing Party the opportunity to appeal. Upon receipt of
the amended final investigation report/final decision, if the outcome remains unchanged, the
Chancellor's Office will contact the original appealing Party to determine whether that Party wishes
to continue with the appeal. If the outcome is reversed by the campus, the non-prevailing Party
will be given an opportunity to appeal.
If the Chancellor's Office determines that no reasonable fact finder (Investigator or hearing officer)
could have made the findings as determined by the Investigator or hearing officer, the Chancellor's
Office may vacate and reverse the investigation or hearing outcome, but only with respect to
whether the Policy was violated (and not with respect to factual findings). If the Chancellor's Office
vacates and reverses the investigation or hearing outcome, it will notify the Parties simultaneously
in writing, as well as the Title IX Coordinator/DHR Administrator. Following a reversal of an
investigation or hearing outcome by the Chancellor's Office, the Chancellor's Office decision is
final and is not subject to further appeal.
The Chancellor's Office will respond to the appealing Party no later than 30 Working Days after
receipt of the written appeal unless the timeline has been extended.
17
Registered Sex Offenders
California’s sex offender registration laws require convicted sex offenders to register their status
with the University police department if they are enrolled, residing, attending, carrying on a
vocation (i.e., contractor or vendor on campus for more than 30 days in the year), or working with
or without compensation for the institution. All public information available in California about
registered sex offenders, to include the ability to look-up offenders by name, residence address,
and zip code, is on the California Department of Justice Megan's law web site at
http://www.meganslaw.ca.gov/
Missing Student Notification Procedures for On-campus Student Housing Facilities
When a residential student is considered missing, students, employees or other individuals not
affiliated with the University should make a report to the University Police Department
immediately. It is the practice of Residential Life at San Francisco State to assist in the
17
The Chancellor's Office has discretion to extend the timelines for the appeal process for good
cause or for any reasons deemed to be legitimate by the Chancellor's Office. This includes the time
for filing an appeal, the time for a reopened investigation or hearing to be completed, and the time
for the Chancellor's Office to respond to the appeal. The Chancellor's Office will notify the Parties
and the Title IX Coordinator of any extensions of time granted pertaining to any portion of the
appeal process.
81
investigation for any report of a missing student living in one of the University’s residence halls or
apartments after the matter is referred to the University Police Department.
All students residing in a campus residence hall or apartment have the option to register one or
more individuals to be a contact strictly for missing person’s purposes. All students residing in a
campus residence hall or apartment are requested to complete a Confidential and/or Emergency
Contact form upon completing their License Agreement. The License Agreement is collected in
advance of the student checking in to University residences. This contact can be anyone.
Residential Students have this option even if they have already identified a general emergency
contact. This contact information is registered confidentially and is only available to authorized
campus officials. The information will not be disclosed, except to law enforcement personnel in
furtherance of a missing person investigation.
San Francisco State understands that student residents may make individual arrangements to stay
outside of the University residences. As such, the location of students in the halls and apartments
is not monitored by Student Leaders or other University staff. However, if there is a reason to
believe a student is missing, all reasonable efforts will be made by Residential Life staff to locate
the student to determine their state of health and well-being. These efforts include, but are not
limited to:
• calling the student’s cell phone number
• checking the student’s room,
• speaking with friends and/or roommates,
• checking ID meal access, package logs, and OneCard Muni/BART access
Residential Life should expend no more than 8 hours on attempts to locate the student before
referring to University Police and should ensure that a report is made to University Police within 24
hours of the student being missing. Upon these efforts being exhausted with no successful contact
of the student, Residential Life team members will refer all official missing student reports to the
University Police Department at 415-338-2222.
Further, Residential Life staff will notify the Director of Residential Life (or their designee) and write
an Incident Report detailing the efforts to locate the student reported as missing. The Director of
Residential Life (or their designee) will contact the Associate Vice President & Dean of Students
reporting all obtained information. The Dean of Students will in turn notify the Vice President for
Student Affairs & Enrollment Management.
If upon investigation by the University Police Department the student is determined missing, staff
from the University Police Department and/or Student Affairs & Enrollment Management will
contact the resident’s designated Confidential or Emergency Contact within 24 hours.
The University Police Department will also notify the local law enforcement agency within 24
hours of the official determination that a residential student is missing. This notification can be
accomplished via the Missing and Unidentified Persons (MUPS) law enforcement database.
For any non-emancipated student under the age of 18, San Francisco State will notify a custodial
parent or guardian, in addition to any other individual designated on the Confidential or
Emergency Contact form, within 24 hours of the University Police Department determining that
they are missing. University Police will continue to investigate, utilizing established procedures in
collaboration with staff from Residential Life, other campus offices and local law enforcement
82
agencies. University Police will make contact with the student’s parents or legal guardian when a
Confidential and/or Emergency Contact form cannot be located or has not been provided.
Fire Safety Report
The 2023 Fire Safety Report is available at the following link:
https://reslife.sfsu.edu/sites/default/files/documents/Fire_safety_report23.pdf
83
Appendix A: Jurisdictional Definitions
18
Rape (CA Penal Code Chapter 1 Section 261)
(a) Rape is an act of sexual intercourse accomplished under any of the following circumstances:
(1) If a person who is not the spouse of the person committing the act is incapable, because of a
mental disorder or developmental or physical disability, of giving legal consent, and this is known
or reasonably should be known to the person committing the act. Notwithstanding the existence of
a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving consent. This
paragraph does not preclude the prosecution of a spouse committing the act from being
prosecuted under any other paragraph of this subdivision or any other law.
(2) If it is accomplished against a person’s will by means of force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the person or another.
(3) If a person is prevented from resisting by any intoxicating or anesthetic substance, or any
controlled substance, and this condition was known, or reasonably should have been known by
the accused.
(4) If a person is at the time unconscious of the nature of the act, and this is known to the accused.
As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting
because the victim meets any one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the sexual penetration served a professional
purpose when it served no professional purpose.
(5) If a person submits under the belief that the person committing the act is someone known to
the victim other than the accused, and this belief is induced by artifice, pretense, or concealment
practiced by the accused, with intent to induce the belief.
(6) If the act is accomplished against the victim’s will by threatening to retaliate in the future
against the victim or any other person, and there is a reasonable possibility that the perpetrator
will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to
kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a
public official to incarcerate, arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official”
18
Note that these are not the definitions used to compile the statistics at the beginning of these
document. The federal definitions of Rape, fondling, incest, statutory rape, domestic violence,
dating violence, and stalking are used for the statistics, as required by federal law.
84
means a person employed by a governmental agency who has the authority, as part of that
position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a
public official.
(b) For purposes of this section, the following definitions apply:
“Duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would
not have been performed, or acquiesce in an act to which one otherwise would not have
submitted. The total circumstances, including the age of the victim, and his or her relationship to
the defendant, are factors to consider in appraising the existence of duress.
“Menace” means any threat, declaration, or act that shows an intention to inflict an injury upon
another.
Sodomy (CA Penal Code Chapter 1 Section 286)
Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of
another person. Any sexual penetration, however slight, is sufficient to complete the crime of
sodomy.
(b) (1) Except as provided in Section 288, any person who participates in an act of sodomy with
another person who is under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year.
(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of
sodomy with another person who is under 16 years of age shall be guilty of a felony.
(c) (1) Any person who participates in an act of sodomy with another person who is under 14 years
of age and more than 10 years younger than he or she shall be punished by imprisonment in the
state prison for three, six, or eight years.
(2) (A) Any person who commits an act of sodomy when the act is accomplished against the
victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person shall be punished by imprisonment in the state prison for
three, six, or eight years.
(B) Any person who commits an act of sodomy with another person who is under 14 years of age
when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be
punished by imprisonment in the state prison for 9, 11, or 13 years.
(C) Any person who commits an act of sodomy with another person who is a minor 14 years of
age or older when the act is accomplished against the victim’s will by means of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) Any person who commits an act of sodomy where the act is accomplished against the victim’s
will by threatening to retaliate in the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat, shall be punished by
imprisonment in the state prison for three, six, or eight years.
(d) (1) Any person who, while voluntarily acting in concert with another person, either personally
or aiding and abetting that other person, commits an act of sodomy when the act is accomplished
85
against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the
victim or another person or where the act is accomplished against the victim’s will by threatening
to retaliate in the future against the victim or any other person, and there is a reasonable
possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the
state prison for five, seven, or nine years.
(2) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of sodomy upon a victim who is under 14
years of age, when the act is accomplished against the victim’s will by means of force or fear of
immediate and unlawful bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 10, 12, or 14 years.
(3) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of sodomy upon a victim who is a minor 14
years of age or older, when the act is accomplished against the victim’s will by means of force or
fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 7, 9, or 11 years.
(e) Any person who participates in an act of sodomy with any person of any age while confined in
any state prison, as defined in Section 4504, or in any local detention facility, as defined in Section
6031.4, shall be punished by imprisonment in the state prison, or in a county jail for not more than
one year.
(f) Any person who commits an act of sodomy, and the victim is at the time unconscious of the
nature of the act and this is known to the person committing the act, shall be punished by
imprisonment in the state prison for three, six, or eight years. As used in this subdivision,
“unconscious of the nature of the act” means incapable of resisting because the victim meets one
of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the sexual penetration served a professional
purpose when it served no professional purpose.
(g) Except as provided in subdivision (h), a person who commits an act of sodomy, and the victim
is at the time incapable, because of a mental disorder or developmental or physical disability, of
giving legal consent, and this is known or reasonably should be known to the person committing
the act, shall be punished by imprisonment in the state prison for three, six, or eight years.
Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act
(Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving consent.
(h) Any person who commits an act of sodomy, and the victim is at the time incapable, because of
a mental disorder or developmental or physical disability, of giving legal consent, and this is
known or reasonably should be known to the person committing the act, and both the defendant
86
and the victim are at the time confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private facility for the care and treatment of the
mentally disordered approved by a county mental health director, shall be punished by
imprisonment in the state prison, or in a county jail for not more than one year. Notwithstanding
the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving legal consent.
(i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an
intoxicating or anesthetic substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be punished by imprisonment in the
state prison for three, six, or eight years.
(j) Any person who commits an act of sodomy, where the victim submits under the belief that the
person committing the act is someone known to the victim other than the accused, and this belief
is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce
the belief, shall be punished by imprisonment in the state prison for three, six, or eight years.
(k) Any person who commits an act of sodomy, where the act is accomplished against the victim’s
will by threatening to use the authority of a public official to incarcerate, arrest, or deport the
victim or another, and the victim has a reasonable belief that the perpetrator is a public official,
shall be punished by imprisonment in the state prison for three, six, or eight years.
As used in this subdivision, “public official” means a person employed by a governmental agency
who has the authority, as part of that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely
imprison, or inflict extreme pain, serious bodily injury, or death.
Oral Copulation (CA Penal Code Chapter 1 Section 287)
(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus
of another person.
(b) (1) Except as provided in Section 288, any person who participates in an act of oral copulation
with another person who is under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year.
(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of
oral copulation with another person who is under 16 years of age is guilty of a felony.
(c) (1) Any person who participates in an act of oral copulation with another person who is under
14 years of age and more than 10 years younger than he or she shall be punished by
imprisonment in the state prison for three, six, or eight years.
(2) (A) Any person who commits an act of oral copulation when the act is accomplished against the
victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person shall be punished by imprisonment in the state prison for
three, six, or eight years.
87
(B) Any person who commits an act of oral copulation upon a person who is under 14 years of age,
when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 8, 10, or 12 years.
(C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or
older, when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 6, 8, or 10 years.
(3) Any person who commits an act of oral copulation where the act is accomplished against the
victim’s will by threatening to retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by
imprisonment in the state prison for three, six, or eight years.
(d) (1) Any person who, while voluntarily acting in concert with another person, either personally
or by aiding and abetting that other person, commits an act of oral copulation (A) when the act is
accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily
injury on the victim or another person, or (B) where the act is accomplished against the victim’s
will by threatening to retaliate in the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat, or (C) where the victim is at the
time incapable, because of a mental disorder or developmental or physical disability, of giving
legal consent, and this is known or reasonably should be known to the person committing the act,
shall be punished by imprisonment in the state prison for five, seven, or nine years.
Notwithstanding the appointment of a conservator with respect to the victim pursuant to the
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5
of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the
crime described under paragraph (3), that a mental disorder or developmental or physical
disability rendered the alleged victim incapable of giving legal consent.
(2) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of oral copulation upon a victim who is
under 14 years of age, when the act is accomplished against the victim’s will by means of force or
fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 10, 12, or 14 years.
(3) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of oral copulation upon a victim who is a
minor 14 years of age or older, when the act is accomplished against the victim’s will by means of
force or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 8, 10, or 12 years.
(e) Any person who participates in an act of oral copulation while confined in any state prison, as
defined in Section 4504 or in any local detention facility as defined in Section 6031.4, shall be
punished by imprisonment in the state prison, or in a county jail for a period of not more than one
year.
(f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of
the nature of the act and this is known to the person committing the act, shall be punished by
imprisonment in the state prison for a period of three, six, or eight years. As used in this
88
subdivision, “unconscious of the nature of the act” means incapable of resisting because the
victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the oral copulation served a professional
purpose when it served no professional purpose.
(g) Except as provided in subdivision (h), any person who commits an act of oral copulation, and
the victim is at the time incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably should be known to the person
committing the act, shall be punished by imprisonment in the state prison, for three, six, or eight
years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare
and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a
mental disorder or developmental or physical disability rendered the alleged victim incapable of
giving consent.
(h) Any person who commits an act of oral copulation, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing the act, and both the
defendant and the victim are at the time confined in a state hospital for the care and treatment of
the mentally disordered or in any other public or private facility for the care and treatment of the
mentally disordered approved by a county mental health director, shall be punished by
imprisonment in the state prison, or in a county jail for a period of not more than one year.
Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-
Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental
disorder or developmental or physical disability rendered the alleged victim incapable of giving
legal consent.
(i) Any person who commits an act of oral copulation, where the victim is prevented from resisting
by any intoxicating or anesthetic substance, or any controlled substance, and this condition was
known, or reasonably should have been known by the accused, shall be punished by
imprisonment in the state prison for a period of three, six, or eight years.
(j) Any person who commits an act of oral copulation, where the victim submits under the belief
that the person committing the act is someone known to the victim other than the accused, and
this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent
to induce the belief, shall be punished by imprisonment in the state prison for a period of three,
six, or eight years.
(k) Any person who commits an act of oral copulation, where the act is accomplished against the
victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that the perpetrator is a public official,
shall be punished by imprisonment in the state prison for a period of three, six, or eight years.
89
As used in this subdivision, “public official” means a person employed by a governmental agency
who has the authority, as part of that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or death.
Bigamy, Incest, and the Crime against Nature (CA Penal Code Chapter 1 Section 285 and Section
289)
Section 285
Persons being within the degrees of consanguinity within which marriages are declared by law to
be incestuous and void, who intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by imprisonment in the state
prison.
Section 289
(a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished
against the victim’s will by means of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person shall be punished by imprisonment in the
state prison for three, six, or eight years.
(B) Any person who commits an act of sexual penetration upon a child who is under 14 years of
age, when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 8, 10, or 12 years.
(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or
older, when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 6, 8, or 10 years.
(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other
provision of law.
(2) Any person who commits an act of sexual penetration when the act is accomplished against the
victim’s will by threatening to retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by
imprisonment in the state prison for three, six, or eight years.
(b) Except as provided in subdivision (c), any person who commits an act of sexual penetration,
and the victim is at the time incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably should be known to the person
committing the act or causing the act to be committed, shall be punished by imprisonment in the
state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with
respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving legal consent.
90
(c) Any person who commits an act of sexual penetration, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing the act or causing the act
to be committed and both the defendant and the victim are at the time confined in a state hospital
for the care and treatment of the mentally disordered or in any other public or private facility for
the care and treatment of the mentally disordered approved by a county mental health director,
shall be punished by imprisonment in the state prison, or in a county jail for a period of not more
than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of
the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability rendered the alleged victim
incapable of giving legal consent.
(d) Any person who commits an act of sexual penetration, and the victim is at the time
unconscious of the nature of the act and this is known to the person committing the act or causing
the act to be committed, shall be punished by imprisonment in the state prison for three, six, or
eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of
resisting because the victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the sexual penetration served a professional
purpose when it served no professional purpose.
(e) Any person who commits an act of sexual penetration when the victim is prevented from
resisting by any intoxicating or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the accused, shall be punished
by imprisonment in the state prison for a period of three, six, or eight years.
(f) Any person who commits an act of sexual penetration when the victim submits under the belief
that the person committing the act or causing the act to be committed is someone known to the
victim other than the accused, and this belief is induced by any artifice, pretense, or concealment
practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in
the state prison for a period of three, six, or eight years.
(g) Any person who commits an act of sexual penetration when the act is accomplished against
the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or
deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public
official, shall be punished by imprisonment in the state prison for a period of three, six, or eight
years.
As used in this subdivision, “public official” means a person employed by a governmental agency
who has the authority, as part of that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
91
(h) Except as provided in Section 288, any person who participates in an act of sexual penetration
with another person who is under 18 years of age shall be punished by imprisonment in the state
prison or in a county jail for a period of not more than one year.
(i) Except as provided in Section 288, any person over 21 years of age who participates in an act of
sexual penetration with another person who is under 16 years of age shall be guilty of a felony.
(j) Any person who participates in an act of sexual penetration with another person who is under
14 years of age and who is more than 10 years younger than he or she shall be punished by
imprisonment in the state prison for three, six, or eight years.
(k) As used in this section:
(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal
opening of any person or causing another person to so penetrate the defendant’s or another
person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any
foreign object, substance, instrument, or device, or by any unknown object.
(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a
sexual organ.
(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any
part of the body, including a penis, when it is not known whether penetration was by a penis or by
a foreign object, substance, instrument, or device, or by any other part of the body.
(l) As used in subdivision (a), “threatening to retaliate” means a threat to kidnap or falsely
imprison, or inflict extreme pain, serious bodily injury or death.
(m) As used in this section, “victim” includes any person who the defendant causes to penetrate
the genital or anal opening of the defendant or another person or whose genital or anal opening is
caused to be penetrated by the defendant or another person and who otherwise qualifies as a
victim under the requirements of this section.
Fondling (CA Penal Code Chapter 9. Section 243.4, Assault and Battery)
(a) Any person who touches an intimate part of another person while that person is unlawfully
restrained by the accused or an accomplice, and if the touching is against the will of the person
touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of
sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for
not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by
imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who is institutionalized for medical
treatment and who is seriously disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of sexual arousal, sexual
gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is
punishable by imprisonment in a county jail for not more than one year, and by a fine not
exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for the purpose of sexual arousal,
sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the
92
act because the perpetrator fraudulently represented that the touching served a professional
purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment
in a county jail for not more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse,
causes another, against that person’s will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or
medically incapacitated, to masturbate or touch an intimate part of either of those persons or a
third person, is guilty of sexual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a fine not exceeding two
thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and
by a fine not exceeding ten thousand dollars ($10,000).
(e)(1) Any person who touches an intimate part of another person, if the touching is against the
will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or
sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by
both that fine and imprisonment. However, if the defendant was an employer and the victim was
an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not
exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any
amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a
violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by
the Legislature, distributed to the Civil Rights Department for the purpose of enforcement of the
California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of
Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe
sexual harassment in places of employment. However, in no event shall an amount over two
thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any
restitution fines that may have been imposed upon the defendant, have been paid in full.
(2) As used in this subdivision, “touches” means physical contact with another person, whether
accomplished directly, through the clothing of the person committing the offense, or through the
clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of
another person whether accomplished directly or through the clothing of the person committing
the offense.
(g) As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast
of a female.
(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.
(3) “Seriously disabled” means a person with severe physical or sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed
sedatives, anesthesia, or other medication.
93
(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital,
medical treatment facility, nursing home, acute care facility, or mental hospital.
(6) “Minor” means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent prosecution under any other law which
also proscribes a course of conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was
an employer and the victim was an employee of the defendant shall be a factor in aggravation in
sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the
person has a prior felony conviction for a violation of this section shall be guilty of a felony,
punishable by imprisonment in the state prison for two, three, or four years and a fine not
exceeding ten thousand dollars ($10,000).
Statutory Rape (CA Penal Code, Chapter 1, Section 261.5)
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is
not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a
“minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years
of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more
than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more
than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment
pursuant to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with
a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be
punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant
to subdivision (h) of Section 1170 for two, three, or four years.
Incest (CA Penal Code, Chapter 1, Section 285)
Persons being within the degrees of consanguinity within which marriages are declared by law to
be incestuous and void, who intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by imprisonment in the state
prison.
Abuse: (CA Family Code, 6203 (definitions) and 6211)
(a) For purposes of this act, “abuse” means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person
or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
94
(b) Abuse is not limited to the actual infliction of physical injury or assault.
“Domestic violence” is abuse perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the presumption applies that the
male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12).
(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act,
where the presumption applies that the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within the second degree.
Domestic Violence/Dating Violence (CA Penal Code, Chapter 2, Section 273.5 and Section 243)
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim
described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison for two, three, or four years, or in a county jail for not more than
one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an
engagement or dating relationship.
(4) The mother or father of the offender’s child.
CA Penal Code 243(e)
(1) When a battery (willful and unlawful use of force or violence upon the person of another) is
committed against a spouse, a person with whom the defendant is cohabiting, a person who is the
parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the
defendant currently has, or has previously had, a dating or engagement relationship, the battery is
punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county
jail for a period of not more than one year, or by both that fine and imprisonment.
Stalking: CA Penal Code, Chapter 2, Section 646.9
Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses
another person and who makes a credible threat with the intent to place that person in reasonable
fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of
stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by
imprisonment in the state prison.
95
Stalking: CA Penal Code, Chapter 2, Section 653m
(a)Every person who, with intent to annoy, telephones or makes contact by means of an electronic
communication device with another and addresses to or about the other person any obscene
language or addresses to the other person any threat to inflict injury to the person or property of
the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in
this subdivision shall apply to telephone calls or electronic contacts made in good faith.
(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes
repeated contact by means of an electronic communication device, or makes any combination of
calls or contact, to another person is, whether or not conversation ensues from making the
telephone call or contact by means of an electronic communication device, guilty of a
misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts
made in good faith or during the ordinary course and scope of business.
Consent to Sexual Activity (CA Penal Code, Chapter 1, section 261.6 and section 261.7)
a) Consent is positive cooperation in act or attitude pursuant to an exercise of free will. The
Person must act freely and voluntarily and have knowledge of the nature of the act or
transaction involved.
b) A current or previous dating or marital relationship shall not be sufficient to constitute
consent where consent is at issue in a prosecution under section 261, 286, 287, or 289, or
former section 262 or 288a
c) This section shall not affect the admissibility of evidence or the burden of proof on the
issue of consent.
In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which
consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to
the defendant that the defendant use a condom or other birth control device, without additional
evidence of consent, is not sufficient to constitute consent.