SDSU’S POLICIES AND PROCEDURES REGARDING TITLE IX,
INCLUDING SEXUAL HARASSMENT AND SEXUAL VIOLENCE
Sexual violence is a problem throughout our society and college campuses are no exception. SDSU is deeply committed to doing everything it can to prevent sexual harassment and sexual violence. Each member of our campus community plays a significant role in maintaining a safe living, learning, and working environment.
We want to ensure that all students are aware of SDSU policy and procedure relating to Title IX, including sexual harassment and sexual violence. In addition, SDSU wants to provide you with the necessary response tools in the event that someone you know informs you that they experienced sexual violence.
To learn more about SDSU’s policies and procedures relating to sexual harassment and sexual violence, as well as information on SDSU’s Let’s Talk campaign and details about upcoming events, we encourage everyone to visit http://sdsutalks.sdsu.edu.
SDSU’s Statement of Nondiscrimination:
San Diego State University does not discriminate on the basis of sex, gender, gender identity or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibits discrimination on the basis of sex, gender, or sexual orientation in employment, as well as all education programs and activities operated by the University (both on and off campus), and protect all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and sexual violence.
Sex Discrimination means an adverse action taken against an individual because of gender or sex (including sexual harassment, sexual violence, domestic violence, dating violence, and stalking) as prohibited by Title IX; Title IV; VAWA/Campus SaVE Act; California Education Code § 66250 et seq.; and/or California Government Code § 11135. See also Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Cal. Govt. Code § 12940 et seq.), and other applicable laws. Any person, regardless of gender or gender identity, can experience Sex Discrimination. For detailed definitions of Sexual Harassment, Sexual Violence, Sexual Battery, Sexual Assault, Rape, Domestic Violence, Dating Violence, Stalking and Consent, please see CSU Executive Order 1095 (Revised) at http://www.calstate.edu/EO/EO-1095-rev-6-23-15.html.
Links to University Policies and Procedures:
- Complaints by students: Students who would like to file a complaint of sex discrimination can refer to Executive Order 1097 (Revised) - http://www.calstate.edu/EO/EO-1097-rev-6-23-15.html.
- Student Conduct Procedures: http://www.calstate.edu/EO/EO-1098-rev-6-23-15.html
- Complaints by faculty, staff, or student employees: Employees who would like to file a complaint of sex discrimination can refer to Executive Order 1096 (Revised)- http://www.calstate.edu/EO/EO-1096-rev-6-23-15.html.
- Complaints by other parties: Other parties who would like to file a complaint of sex discrimination can refer to Executive Order 1096 (Revised)- http://www.calstate.edu/EO/EO-1096-rev-6-23-15.html.
Confidentiality – Know Your Options:
We encourage victims of sexual harassment and sexual violence to talk to someone about what happened – so you can get the support you need and so SDSU can respond appropriately. Whether and the extent to which a university employee may agree to maintain confidentiality (and not disclose information to the Title IX Coordinator) depends on the employee’s position and responsibilities at SDSU.
Before talking to a university employee, it is important to understand university policy relating to confidentiality and their obligation, if any, to report the incident to the Title IX Coordinator.
Privileged and Confidential Communications:
Some employees are required by law to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.” Physicians, psychotherapists, professional counselors, sexual assault and domestic violence counselors and advocates will not report any information about an incident of sexual violence to anyone else at SDSU, including the Title IX Coordinator, without your consent. Contact information for confidential resources on campus:
SDSU Counseling & Psychological Services
5500 Campanile Drive
San Diego, CA 92182-4730
Counseling Access & Crisis Line:
Student Health Services
5500 Campanile Drive
San Diego, CA 92182-4701
Sexual Assault Victim Advocate
5500 Campanile Drive
San Diego, CA 92182-4701
Limited Confidential Communications:
If you report to local or University Police about Sexual Violence, the police are required to notify you that your name will become a matter of public record unless confidentiality is requested. If you request that your identity be kept confidential, your name will not become a matter of public record and the police will not report your identity to anyone at the university, including the Title IX Coordinator.
Department of Public Safety
5500 Campanile Drive
San Diego, CA 92182-4701
Communications with Other SDSU Employees:
All other employees are required to report all details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX Coordinator. A report to these employees constitutes a report to the University, and generally creates a legal obligation for the university to investigate the incident and take appropriate steps to address the situation. To the extent possible, information reported to the Title IX Coordinator or other university employees will be shared only with individuals responsible for handling the university’s response to the incident.
Options for Reporting:
If a person would like to report an incident of sexual harassment or sexual violence, there are on-campus and off campus options available.
- Right to pursuing a university discipline charge: To do so, you should report the crime to a campus official such as the Title IX Coordinator or Deputy Coordinators. Your complaint of sex discrimination will be investigated pursuant to university policies, specifically Executive Orders 1095, 1096 and/or 1097. If the complaint is against a student, the disciplinary process outlined in Executive Orders 1097 and 1098 will be followed. University proceedings provide a prompt, fair and impartial investigation and resolution, and the investigations are conducted by officials who receive annual training. Sanctions for violations of university policy relating to Sex Discrimination and Sexual Violence, include suspension, expulsion, and termination of employment.
- Right to pursue criminal charges (in cases involving Sexual Violence), whether or not you pursue university disciplinary charges: You can pursue criminal charges by contacting the police directly, or, if you would like their assistance, the Title IX Coordinator, Deputy Coordinators, or staff in Student Health Services, Counseling and Psychological Services or Residential Education can assist the employee or student in reporting an incident to campus or local law enforcement.
- Right to Report Sexual Violence without Pursuing Charges: Counseling and other support services and resources are available to you even if you choose not to pursue charges. Regardless of what reporting option a person chooses, the university will discuss interim measures and the availability of permanent accommodations, including changing academic, living, transportation and working situations. If you wish to have a temporary “no contact” order in place, you can request one from the Title IX Coordinator, Deputy Coordinators, or the Center for Student Rights and Responsibilities. A “no contact” order applies to campus only. In some situations, you may also be able to obtain a protective order that extends off-campus through a local court.
SDSU’s Sexual Assault Victim Advocate, located in Student Health Services, is available to provide confidential assistance to a person who has experienced sexual violence and would like to understand the available options. The Sexual Assault Victim Advocate can be contacted at 619-594-0210.
CSU policy prohibits retaliation against a person who reports Sex Discrimination, Sexual Harassment or Sexual Violence, or someone who assists someone with a report of such conduct, or participates in any manner in an investigation or resolution of a complaint.
If Someone Reports Sexual Violence/Harassment To You:
If a student or someone you know reports experiencing sexual harassment or sexual violence, here are some things you can do to assist them:
- Listen. If someone discloses sexual violence to you, it means they trust you enough to share this incredibly difficult story. Just listening with compassion can be incredibly helpful.
- Believe. Rather than asking a lot of questions, just let the person know that you believe them and will support them as best as you can. Avoid asking questions like “Why did you go with them?” or “Did you fight back?” Questioning the person’s behavior could make the person feel as though the sexual violence was their fault, even though it wasn’t and even if that’s not your intent. Focus on offering the person support and providing options so they can decide what is best.
- Provide options. Sexual violence is a crime of power and control. In order to give a sense of control back to the person, allow them to carefully choose what option is best. They may not make the same decision you might make; however, only they can decide what is a healthy process for themselves. You can help them explore their options by suggesting available resources – medical, legal, on-campus, off-campus, friends, family, counselors, or any other support you can think of. Rights and Options.
- Contact the Title IX Coordinator. Unless you are a university physician, licensed psychologist/counselor, or sexual assault counselor or advocate, SDSU employees have a duty to report incidents of sexual violence to the Title IX Coordinator. The Title IX Coordinator or deputy coordinators will ensure that the individual has information regarding their rights, options and support resources available through SDSU.
SDSU’s primary concern is the safety of its campus community members. The use of alcohol and/or drugs never makes the victim at fault for sexual discrimination, harassment or violence. Victims should not be deterred from reporting incidents of sexual violence out of a concern that they may be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code or university policy.
Who To Contact:
Title IX requires SDSU to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The Title IX Coordinator is available to explain and discuss: your right to file a criminal complaint (sexual assault and sexual violence); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters.
Title IX Coordinator:
Jessica Rentto, Associate Vice President, Administration
Title IX Deputy Coordinators:
For complaints against students:
Dr. Lee Mintz, Director, Center for Student Rights and Responsibilities
Sara Vogel, Title IX Investigator, Center for Student Rights and Responsibilities
For complaints against faculty, staff and visitors:
Heather Bendinelli, Director, Office of Employee Relations and Compliance
Chinemerem "Chi Chi" Chukwu, Investigator, Office of Employee Relations and Compliance
For complaints relating to Athletics:
Jenny Bramer, Associate Athletic Director/SWA, Department of Intercollegiate Athletics
To discuss options for reporting with a confidential resource:
CCS Sexual Assault Victim Advocate
More Information on SDSU’s Policies and Procedures:
- Implementation of Title IX, VAWA/Campus SaVE Act, and Related Sex Discrimination, Sexual Harassment and Sexual Violence Legislation, Executive Order 1095
- SDSU Title IX and Sexual Violence Informational Booklet
- SDSU Rights and Options for Victims of Sexual Violence, Dating Violence, Domestic Violence and Stalking