Title IX
Investigation into Reported Off-Campus Incident
Last Update: May 18, 2023 (this page will be updated as the university has new information to share)
Facts and Resources
- Support is available if you need it. You should be aware that this site contains information about resources relating to sexual assault and sexual violence prevention. Students, faculty and staff should rely on support services. If you are aware of an incident that has occurred, report using the university's reporting forms.
- SDPD told SDSU to stand down, but SDSU tried to contact the alleged victim to support her through its investigative process. San Diego Police Department confirmed on Oct. 19, 2021 that it had launched a criminal investigation and the University Police Department and SDSU should not take action, as doing so could compromise its investigation. SDPD sent a formal letter on Oct. 28, 2021. SDSU sent letters on Nov. 12 and Dec. 7, indicating that it would comply, and also requested that information for its Title IX officer be shared with the victim. SDPD confirmed that the information was shared.
- While SDSU student-athletes were rumored to have been involved, actual names were not confirmed. The victim never provided names of suspects to the university. The family member who spoke to a UPD officer on Oct. 19, 2021 also did not provide actual names to SDSU. And while SDSU received anonymous information about the reported incident, none of those individuals were witnesses. The university did not receive direct reports from any witnesses, nor the victim, and cannot legally take action against student, faculty or staff based on rumor alone. The victim did, however, release the names of those alleged to have been involved through a civil suit filed Aug. 25, 2022.
- SDSU's independent investigation is ongoing and SDPD's case is under review. SDPD announced on Aug. 4, 2022 that it had completed its investigation, which is now with the District Attorney's office under review. To date, SDPD has never confirmed the names of any suspects. SDSU's independent investigation launched after SDPD confirmed on July 22, 2022 that doing so would not longer compromise its criminal investigation.
- It is not accurate to call SDSU's investigation a Title IX investigation. Title IX does not apply to off-campus locations over which the university has no control; that is San Diego Police Department’s jurisdiction. Further, the victim is not a student at SDSU. The university, however, has the discretion to investigate student conduct violations under California State University policy.
More Information about the Case, How Has SDSU Responded
The following is a limited timeline of actions SDSU has taken, along with other information, since SDPD informed the university of the alleged off campus sexual assault and of the agency’s investigation.
On Oct. 19, 2021: The San Diego Police Department (SDPD) contacted SDSU and the University Police Department with an initial report of a sexual assault occurring off campus. SDPD informed the university that it had already opened and begun an active investigation into the allegations. SDPD verbally requested on Oct. 19 and in subsequent letters that SDSU not initiate any separate investigation or take other actions that might compromise its criminal investigation, and the university opted to comply.
- Oct. 18, 2021: SDPD received a report of an off-campus sexual assault. SDSU was first notified of
the incident and SDPD's investigation on Oct. 19, 2021.
- Oct. 19, 2021: SDSU’s Title IX office began its assessment of actions it could take given the reported case. To date, no victims or witnesses have reported the incident to SDSU.
- Oct. 26, 2021: SDSU received the first of several anonymous submissions from individuals with third hand information about the alleged off-campus sexual assault. The university had agreed to comply with SDPD’s investigation, and shared the information with SDPD.
- Oct. 27, 2021: SDSU responded to the individuals sharing anonymous information, requesting that the individuals contact the Title IX Coordinator so that the Title IX Coordinator could learn more about the incident. All of the anonymous reporters declined the meeting request.
- Oct. 28, 2021: Following conversation with UPD in which SDPD requested that the university not take any action that could interfere with its active investigation, SDPD requested in writing that SDSU not conduct an investigation. SDPD indicated that university action relating to the off-campus incident could compromise SDPD's investigation.
- October through December 2021: Individuals shared anonymous information about the alleged sexual assault with SDSU, but were not able to provide first-hand, witness accounts regarding the incident. In follow-up communications to those individuals, SDSU asked each to share information with SDPD, and the university provided contact information for the SDPD sergeant handling the investigation.
- Nov. 12, 2021: SDSU sent a formal letter to SDPD indicating that it had shared all information the university was aware of about the reported incident and would continue to comply with the police investigation. In an effort to ensure any alleged victim was aware of their right to file a Title IX complaint, the university also provided SDPD with our Title IX policy and Title IX Complaint form and formally requested that they provide both to any alleged victim.
- Dec. 7, 2021: SDSU requested that SDPD provide the alleged victim with its Title IX information and confirmed that the university had not received any direct reports about the incident from the alleged victim or any witnesses. SDSU made multiple attempts to try and meet with the alleged victim to support her through the university's own processes.
- October 2021 to Present: SDSU continued to cooperate with SDPD and regularly confirmed that SDPD was continuing
to actively investigate the incident and that there was a continuing need for SDSU
to pause its investigation.
October 2021 to Present: The Title IX Coordinator, in consultation, continues to periodically assess information known to the university, to include SDPD’s request, to determine any additional or new actions the university may take. - January 2022 to Present: Periodic updates were shared between SDSU and SDPD during the ongoing criminal investigation, which continues.
- June 3, 2022: SDSU President Adela de la Torre shared a campus message providing information about the case, SDSU’s compliance with the case, campus resources and other details.
- June 6, 2022: To date, no victims or witnesses have reported the incident to SDSU’s Title IX office or the University Police Department. SDPD has not confirmed the name of the victim or any alleged to have been involved.
- June 13: 2022: SDPD shared an additional formal request with SDSU, asking the university to continue to hold off on an investigation and to continue to comply with SDPD's ongoing criminal investigation. "SDSU's compliance with our October 28, 2021 request to delay the Title IX administrative investigation has helped ensure the integrity of SDPD's complex criminal investigation," the letter reads.
- July 22, 2022: SDPD notified the university that it could now proceed with its own university process without compromising SDPD’s ongoing criminal investigation. The university has already begun its process, according to California State University systemwide policy. The university has been exploring potential policy violations and will be reviewing all known and confirmed information and evidence through the lens of SDSU and CSU policies. This process involves identifying any violations beyond the confines of Title IX, to include CSU policies related to discrimination, harassment, sexual misconduct, violence. For more information about the university’s process, see the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.
- Aug. 1, 2022: SDSU President Adela de la Torre announced that SDSU had begun its own independent process after the university received confirmation from SDPD's that doing so would not compromise SDPD's criminal investigation.
- Aug. 4, 2022: SDPD issued a press release indicating that it had completed its investigation. SDPD’s Sex Crimes Unit used all tools at its disposal to work this case. SDPD stated: "Since the initial radio call, SDPD has made this criminal investigation a priority. SDSU’s continued compliance with SDPD’s October 28, 2021 request to delay their Title IX administrative investigation helped ensure the integrity of this very complex criminal case. Since taking the initial report, more than 20 investigative personnel contributed to this extensive investigation, requiring nearly 200 hours of overtime."
- Aug. 25, 2022: SDSU was made aware of a civil lawsuit in which individuals connected to the football program were named. SDSU President Adela de la Torre, Athletics director JD Wicker and coach Brady Hoke issued a campus message following confirmation of the lawsuit.
- Dec. 7, 2022: The San Diego County District Attorney’s Office announced that it has completed its review of an alleged sexual assault at a home in the College
area near the San Diego State University campus on October 16 and 17, 2021. The DA’s
Office received San Diego Police Department’s investigation on August 5, 2022, for
review, which came with no recommendation by SDPD to file criminal charges. The office
announced the following: Ultimately, prosecutors determined it is clear the evidence
does not support the filing of criminal charges and there is no path to a potential
criminal conviction. Prosecutors can only file charges when they ethically believe
they can be proven beyond a reasonable doubt.
- May 18, 2023: While the university cannot provide specific information related to its student disciplinary proceedings and investigations, or specific information related to student records, it can confirm that, as of this date, none of the former students named in the civil suit are now the subject of an active investigation. In addition, they are not currently enrolled, active students or affiliated with any athletics activities.
- Aug. 17, 2023: Since the May 18, 2023 update above, the plaintiff in the civil suit added two former
student-athletes to the lawsuit, neither of whom are now the subject of an active
SDSU investigation. Of the two former student-athletes, Jaiden Brown is not currently
enrolled at the university.
SDSU reserves the right to reinstate investigations based on new developments.The university also continues to encourage that anyone who has experienced sexual assault or has information about a sexual assault case to rely on the many resources available to them, and to report as soon as possible to police by calling 9-1-1. Students, faculty and staff can report information to the university online, and confidential support is available. Also, the Center for Community Solutions operates a 24-hour crisis line at 888-384-4657 for intervention and referrals related to sexual assault.
- Ongoing: The university offers education, training, workshops, including mandatory training, for sexual assault education and prevention.
Frequently Asked Questions
Last Update: May 18, 2023
Q: What is the status of the university's investigations?
A: While the university cannot provide specific information related to its student disciplinary proceedings and investigations, or specific information related to student records, it can confirm that, as of Aug. 16, 2023 none of those named in the civil suit are affiliated with any athletics activities, and none are currently the subject of an active investigation. SDSU reserves the right to reinstate investigations based on new developments.
Earlier Questions
Q: Have the names of any suspects been released by the police department? Have there been any arrests?
A: No, the San Diego Police Department has not announced the names of any suspects and no arrests have been made. The District Attorney's office has finalized its review of the case and announced on Dec. 7 that it would not move forward with criminal charges.
Q: Since the District Attorney’s Office is not filing charges, why is SDSU’s independent conduct investigation ongoing?
A: The DA’s decision has no bearing on the university’s independent investigation and any decisions the university makes regarding conduct investigations and any disciplinary actions. It is common for criminal investigations led by police and independent investigations led by universities to occur with some overlap in timing, or to occur sequentially but independently. While SDSU does not have the ability or responsibility to prosecute criminal cases, the university does have a responsibility to investigate and address allegations of violations into its own policies, including student conduct policies. Because of privacy laws and regulations, and given that the case is a confidential student matter, specific information about individuals are kept confidential.
Q: Now that the District Attorney has announced it will not proceed with charges in the reported sexual assault case, does this mean SDSU’s investigation will now end?
A: No. The DA’s decision has no bearing on the university’s independent student code of conduct investigation and any decisions the university makes regarding its own conduct investigation or any disciplinary actions. Actions do not need to be criminal in nature for the university to conduct an investigation. The university continues to urge anyone with information to come forward and share that information with the Title IX office. Reporting tools are available online.
Q: Can a student still be disciplined even if the District Attorney has decided not to prosecute?
A: Yes. SDSU has a responsibility to investigate and address allegations of violations into its own policies, including student code of conduct policies. Relatedly, student-athletes receiving athletics aid may be temporarily or permanently suspended from a team or team activities in the event they are under investigation or being investigated for misconduct related to a violation of SDSU, Athletic Department or team rules and policies, or the laws of the State of California or the United States.
Q: Did the San Diego Police Department, the alleged victim or the victim’s family member share the names of specific individuals alleged to have been involved in October 2021?
A: To date, SDPD has not shared with the university the identity of any suspects. The university made numerous attempts to contact the alleged victim so that it could learn from her directly the names of any witnesses or suspects. The university learned from the victim and her attorney names of those alleged to have been involved only when the victim and victim’s attorney identified those individuals in a civil lawsuit filed on August 25, 2022. The victim, her attorney and her family member did not provide any names to any university police officer or the university. SDSU agreed to comply with SDPD and cooperate with its criminal investigation, as immediately launching a separate university investigation could have compromised the police investigation, with immediate and irreversible consequences for the victim and the ability to criminally prosecute those responsible.
Q: Why didn’t members of the administration and athletics staff know the names of those alleged to have been involved after the incident was reported on Oct. 19, 2021?
A: As this was an off campus case involving a non-student victim, the San Diego Police Department was the lead investigative agency for the criminal case. SDPD requested that the university not conduct its own investigation, as that would interfere with SDPD’s criminal investigation. Had the university immediately launched its own investigation, the suspects would have been alerted to the criminal investigation, resulting in the possible destruction of evidence and damaging the ability to criminally prosecute those responsible. To avoid this, SDSU chose to comply with SDPD. While the university shared all information it had with SDPD, SDPD was not sharing or confirming case details for the university’s administration or athletics staff, as such individuals are not involved in independent police investigations. SDSU did, however, try on numerous occasions to contact the victim well before SDPD confirmed that the university could proceed with its own independent investigation on July 22, 2022 without compromising its own.
Q: Did Brenda Tracy speak at SDSU in Fall 2021?
A: Yes. In fall 2021, SDSU invited Brenda Tracy of #settheexpectation to campus to provide male student-athletes and coaches education around sexual violence prevention and consent. The sessions with Brenda were offered as mandatory training sessions, and were provided to football student-athletes and coaches on Nov. 28, 2021, and with all other men’s sports and coaches on Nov. 29, 2021.
These mandatory sessions were enhanced training sessions offered to reinforce the education and dialogue around the importance of maintaining a healthy and safe environment. This was one of the many ways the university was proactive in response to the limited information it had about the alleged sexual assault, and that was consistent with SDPD’s request to stand down.
Q: What is the Aztecs Going Pro program?
A: Aztecs Going Pro is a seminar-style program offered for student-athletes. This intentional training for student-athletes covers sexual violence and bystander intervention. The program begins during the summer for the sports of football, men’s and women’s basketball, women’s volleyball, and baseball. All freshman student-athletes are enrolled in our Aztecs Going Pro freshman seminar course, which meets regularly over the course of the fall semester. Included in the course is a 3 week training (50 minutes per session) provided by the Center for Community Solutions (CCS), which is a local rape crisis center which provides education and training with respect to relationship and sexual violence.
To reinforce the education and dialogue around the importance of maintaining a healthy and safe environment, student-athletes are further trained during the Aztecs Going Pro sophomore seminar course (all student-athletes participate in) over the period of two weeks with a program entitled “ATHLETiquette” provided by the Office of Well-Being and Health Promotions. This two week program builds upon and reaffirms the concepts of concepts, bystander intervention and identifies campus resources to include Counseling & Psychological Services, Student Health Services and University Police. Student-athletes are presented with various scenarios surrounding alcohol and other drugs and sexual violence that can exist on college campuses and asked to evaluate how they would respond.
Q: Will the university be able to investigate under Title IX, the Student Standards of Conduct, or other?
A: The university began its investigative process, according to California State University systemwide policy. The university has been exploring potential policy violations and will be reviewing all known and confirmed information and evidence through the lens of SDSU and CSU policies. This process involves identifying any violations beyond the confines of Title IX, to include CSU policies related to discrimination, harassment, sexual misconduct, violence.
Additional details cannot be shared at this time. For more information about the university’s process, see the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.
Q: Why didn’t SDSU initiate a Title IX investigation in October 2021?
A: The report occurred off campus in San Diego Police Department's (SDPD) jurisdiction involving a victim who is not an SDSU student. Not only did SDSU not have the confirmed identity of the victim or the confirmed identity of suspects from SDPD, but SDPD purposefully requested that SDSU stand down and not share information about the case and not interview individuals. SDSU agreed to comply with the criminal investigation to avoid compromising SDPD’s efforts, to include investigating, conducting interviews and other actions to identify suspects. Compromising a police investigation can have immediate and irreversible consequences for a victim and for the ability to prosecute criminals, and could also lead to those involved destroying evidence. SDSU has trust in the more powerful criminal investigation process, which would allow for prosecution at the highest possible levels of the law.
Q: Given the nature of the allegations, wouldn’t a Title IX investigation result in criminal charges if the university found any students responsible?
A: No. The Title IX process and the criminal process are not interchangeable.
Even where the accused is found guilty, a Title IX will never automatically result in criminal charges. This is because the two processes ask fundamentally different questions. Title IX investigations ask whether a university policy has been violated and criminal investigations ask whether a criminal law has been violated. Additionally, the two processes have very different rules for the admissibility of evidence, the burden of proof, and the underlying definitions of the conduct being investigated.
Q: Why did SDSU comply with the SDPD investigation?
A: SDSU is committed to ensuring that it does not take any action that would limit accountability for anyone found responsible for the allegations. After careful consideration, SDSU determined that cooperating with the criminal investigation was the appropriate action to help ensure the highest likelihood of real consequences for anyone found responsible. These are always tough decisions, but the university continues to believe this is the appropriate course of action.
Any Title IX investigation could have alerted the suspects of the criminal case, and would likely lead to the loss or destruction of evidence and collusion among those involved, which could irreparably interfere with law enforcement's ability to conduct their investigation. If Title IX would have prematurely initiated its own investigation, the unintended consequence could have been denying the victim criminal justice. This would be an unacceptable result.
Other considerations also included an analysis of whether the university had sufficient information to conduct a meaningful Title IX investigation under the circumstances. SDPD did not and has not confirmed the identity of the victim or any witnesses, nor has SDPD confirmed the identity of any known suspect. If a meaningful Title IX investigation could not be conducted because of the limited information available to the university, any investigation would do little more than interfere with the criminal investigation.
It is important to note SDSU has agreed to pause any investigation, but this is not a permanent stop. When appropriate, the university will reassess the appropriate action to take to ensure the university responds in a responsible way.
Q: Are the three football players still on the football team?
A: No. SDSU confirms that Zavier Leonard and Nowlin “Pa'a” Ewaliko are not currently involved with the football team or any athletic activities and they are not on campus or enrolled in classes. Matt Araiza is not connected with the university or football team. The San Diego Police Department has not named any suspects.
Q: Absent a Title IX investigation, what actions has SDSU taken?
A: After learning from SDPD of the off campus report and the agency’s active investigation, SDSU initiated several actions, include but not limited to the following:
- SDSU submitted Title IX information and available services and resources on several occasions to the SDPD to give directly to the victim. SDPD confirmed receipt. To date, the victim has not contacted SDSU.
- SDSU requested that SDPD provide additional details about the reported incident so that the university could take action. SDPD formally requested that SDSU not intervene, as intervention could compromise their criminal investigation.
- SDSU received anonymous information from individuals who were not witnesses. The university
shared all information with SDPD to aid in its investigation. SDSU also encouraged
those making the reports to contact and share information with SDPD.
Ultimately, to avoid compromising the criminal investigation, SDSU has complied with SDPD’s investigation. - SDSU sustained and increased sexual prevention education among students, faculty and staff – in addition to ongoing workshops, training, and policy enhancements the university has made over several years. The university also introduced mandatory sexual violence prevention training for student-athletes and coaches, even as the university had limited information about the case.
A criminal investigation, unlike Title IX procedures, determines whether an individual has broken a law. During a criminal investigation, law enforcement collects evidence and interviews suspects and witnesses. The police submit their case to the prosecutor’s office, who ultimately decides whether sufficient evidence exists to charge the suspect with a crime. If an individual is charged, and found guilty, they may be sentenced to jail or prison and may also be subjected to other criminal penalties, including probation, registering as a sex offender, or monetary penalties.
A Title IX investigation is an administrative procedure that determines only whether college or university policy has been violated. If a student is found to have violated university policy, they could face discipline through the university’s disciplinary process, with maximum penalty being expulsion from the university. University investigations are not intended to be an adversarial process between the victim, accused and witnesses. Rather, it is a process and opportunity for the campus to educate students and provide an environment free from gender based discrimination and comply with its obligations under the law.
Additionally, criminal investigations have many tools at their disposal that Title IX investigations do not. In criminal investigations, production of evidence can be compelled through subpoenas, as well as obtained through the execution of a search warrant. Universities do not have warrant or subpoena power. Additionally, universities can not force a victim or the accused to participate in a Title IX investigation.
Compromising a police investigation, then, can have immediate and irreversible consequences for a victim and for the ability to prosecute criminals.
The length of a criminal investigation varies tremendously depending on many factors, including the complexities of the investigation and the severity of the allegations. It is not uncommon for an investigation of significant complexities and importance to last many months.
University Statements
- Dec. 7, 2022: SDSU President Adela de la Torre, Update on Sexual Assault Case, District Attorney Announcement
- October 5, 2022: SDSU President Adela de la Torre, Update on Sexual Assault Case, University Actions Ongoing
- August 25, 2022: SDSU President Adela de la Torre, Director of Intercollegiate Athletics JD Wicker, and Coach Brady Hoke, Update on Investigation, Civil Lawsuit Filed Against SDSU Affiliates
- August 9, 2022: SDSU President Adela de la Torre, Letter to the Editor, San Diego Union-Tribune
- August 1, 2022: SDSU President Adela de la Torre, Update on SDPD Investigation
- June 13, 2022: SDSU President Adela de la Torre, Commentary, San Diego Union-Tribune
- June 10, 2022: Director of Intercollegiate Athletics JD Wicker, Letter to the Editor, San Diego Union-Tribune
- June 8, 2022: SDSU President Adela de la Torre, Update on SDPD Investigation, Campus Support Resources
- June 3, 2022: SDSU President Adela de la Torre, SDSU is Complying with Active Police Investigation, Taking Appropriate Action
May 18, 2023 Update
While the university cannot provide specific information related to its student disciplinary proceedings and investigations, or specific information related to student records, it can confirm that none of the former students named in the civil suit are now the subject of an active investigation. In addition, they are not currently enrolled, active students or affiliated with any athletics activities.
SDSU reserves the right to reinstate investigations based on new developments.
It is accurate that Matt Araiza was not a named respondent in the university’s investigation; however, in terms of other individuals named as respondents, and who have been part of active investigations under the student code of conduct this past year, the university cannot share specific information about related investigative proceedings or decisions. It is inaccurate to say that the university has "dropped charges" against any of the named respondents to the investigation. While the university is able to comment about Araiza given that he has provided permission to the university to do so, the university cannot comment nor disclose information about the resolution of other students' cases due to privacy restrictions. Again, university can affirm, however, that they are no longer currently enrolled, or active students.
SDSU also continues to encourage that anyone who has experienced sexual assault or has information about a sexual assault case to rely on the many resources available to them, and to report as soon as possible to police by calling 9-1-1. Students, faculty and staff can report information to the university online, and confidential support is available. Also, the Center for Community Solutions operates a 24-hour crisis line at 888-384-4657 for intervention and referrals related to sexual assault.
July 28, 2022 Statement
A relative of the alleged victim visited the San Diego State University Police Department (UPD) on October 19 and informed UPD that a report had been made to the San Diego Police Department (SDPD). UPD immediately contacted SDPD, per UPD protocol when reports involve off campus criminal incidents. SDPD confirmed with UPD that it had taken a report from the alleged victim and had initiated its own criminal investigation and requested – including through a formal letter later shared – that the university not take any action that could compromise SDPD’s investigation.
As previously shared in the June 10 statement: SDSU had requested in writing that SDPD provide the victim with information about SDSU’s complaint process and the contact information for the university’s Title IX Coordinator. SDPD confirmed that they did share that information. Again, as the university was formally asked on several occasions by SDPD not to initiate its own investigation, SDSU was unable to reach out to the alleged victim directly.
On July 22, SDPD notified the university that it could now proceed with its own university process without compromising SDPD’s criminal investigation. The university is proceeding with its process, according to California State University systemwide policy, and additional details cannot be shared at this time. For more information about the university’s process, see the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.
San Diego State University Statement
SDSU’s cooperation with SDPD and the university’s temporary pause in starting a separate investigation during the initial stage of the criminal investigation is a best practice and one that is done to protect the integrity of the criminal process, which takes precedence.
Although the university would not and does not indefinitely delay its Title IX processes pending a related criminal investigation, any action by the university in alerting potential suspects to a criminal investigation can result in adverse impacts to the criminal investigation, including the destruction of evidence and coercion of witnesses. Unlike criminal investigations, the university does not have subpoena authority, nor the authority to secure and pursue warrants off campus, nor can the campus compel the participation and interview of non-students as can be done in a criminal investigation by SDPD.
The university found the allegations abhorrent and did consider a number of potential actions. Ultimately, SDSU, including its Title IX office and police department, agreed to comply with SDPD’s request not to launch an investigation, as the agency had already initiated an investigation into the off-campus report. SDPD made a formal request that the university not undermine that criminal investigation through a parallel process or take any action which might compromise its integrity.
As SDPD has continued to indicate they are in the active stages of their investigation, SDSU continues to comply and has confidence in the investigative authority of the police department and their effort to hold any perpetrator accountable to the highest possible levels.
SDSU has agreed not to take any action that would compromise SDPD’s criminal investigation.
It is of extreme importance given the serious nature of these allegations that a complete police investigation can occur with integrity — this is true for any police investigation. Any potential or actual impairment of the criminal process can have unintended consequences on our own Title IX process, adversely impacting the university’s ability to make sustainable findings and to hold students accountable for violations of university policy.
SDSU directed SDPD, in writing, to provide the reported victim with SDSU’s Title IX officers’ information directly.
After learning of the alleged off-campus assault, SDSU requested in writing that SDPD provide any victim with direct information about SDSU’s complaint process and the contact information for the university’s Title IX Coordinator. Per these letters, we communicated to SDPD that as we did not know their identity, we were unable to provide this information to them directly. SDPD confirmed that they did share the information and, to date, the University Police Department and Title IX office have not received any reports from any victim or any witnesses.
SDSU offers an extensive, multi-level range of services, programs and policies designed to prevent sexual assault and misconduct and to address cases when they occur.
SDSU regularly offered training sessions and education about prevention and also sexual violence and misconduct during the fall and spring to all members of our community, including our student body.
During the academic year that just ended, and as we have in past years, SDSU offered robust training to students, including those in the residence halls, about sexual violence, sexual misconduct and also alcohol and other drugs. This is ongoing, as regularly held training sessions are designed to inform students about how to make choices that support the interest of individual and peer safety and well being. SDSU’s sexual violence training in particular helps students to understand healthy and unhealthy relationships, how to interrupt sexual violence and how to support victims and report situations.
Examples include but are in no way limited to:
- Educational training sessions offered to students, including those in the residence halls, fraternities and sororities and in athletics about sexual violence, sexual misconduct and also alcohol and other drugs.
- Mandatory sexual violence training for incoming freshmen as well as specialized training for freshman and sophomore student-athletes enrolled in our Aztecs Going Pro seminar course.
- Educational Take Back the Week programs held in April as part of annual programming, which included student activities and workshops this year.
- Enhanced educational programs, policies and intervention efforts around student safety and well being at the direction of SDSU President Adela de la Torre through the work of the Presidential Task Force on Student Activities and Safety report and the Presidential Task Force on Alcohol and Substance Misuse report, to include the creation of a Hazing Prevention Task Force, a Good Samaritan Policy and an the Amnesty Policy, as well as the expansion of the Organizational Policy and Misconduct website.
- Reminder messages to faculty and staff about their reporting obligation to share any and all reports of sexual violence and misconduct with the university’s Title IX office.
SDSU also has designated Title IX administrators to provide students with assistance and full support, and to monitor and oversee overall compliance with laws and policies related to sexual violence. After receiving a report, the Title IX Coordinator will assess the report and provide outreach to the possible Complainant named in the report. The Title IX Coordinator will conduct an intake meeting with any complainant who responds to outreach communication, to discuss the complainant's options and rights, including information on how to file a formal complaint under Title IX, and provide information about supportive measures. The Title IX Coordinator will determine whether to open an investigation. If the complaint is accepted for investigation, the Title IX Coordinator will simultaneously provide both parties a notice of investigation and assign an investigator to the case. It is important to note that the Title IX process is separate from a police investigation. In addition to the complaint process, administrators ensure that the individual is connected immediately with university support services.
SDSU also provides access to counseling services and to a Sexual Assault Victim Advocate, a confidential resource. Any details relating to a report of sexual violence will not be reported to the university without the individual’s consent. In addition to the above support services, Title IX coordinators also work with each individual on their specific needs during the process, which include academic accommodations, accommodations to move one’s residential location, or safety and security accommodations, such as no contact orders.
Programs and Services
SDSU offers the following programs, initiatives, support services and other resources relating to sexual assault and sexual violence:
- A victim advocate, who is responsible for helping to explain and discuss support resources available on and off campus, one’s right to file a criminal complaint, SDSU’s complaint process and also to provide additional assistance, including during investigation processes
- Counseling and Psychological Services staff support, including individual counseling
- Support services and action steps, including assistance with protection orders and schedule changes, in support of individuals who have been assaulted
- Medical and health-related services and support
- Reporting tools, including those that are confidential
- Assistance when connecting to local resources and services
Support, Contact Information
Something happened and I think I’ve been sexually assaulted. How do I know and what
should I do?
If you are in danger or need help immediately, please call 9-1-1 right away. If you wish to speak with someone on campus, you have options. At SDSU, the Title IX Coordinator, the Deputy Title IX Coordinators and the Sexual Assault Victim Advocate are all available to explain and discuss on and off-campus support resources available to you. The team will also explain your right to file a criminal complaint and also SDSU’s relevant complaint process and your right to receive assistance with that process, including the investigation process. The team can also explain how confidentiality is handled.
I know of someone who was assaulted and I would like to report the situation. What
should I do?
If you or someone you know is in danger or needs help immediately, please call 9-1-1
right away. Also, we urge you to rely on the online and other reporting pathways to report abuse and instances of sexual and other violence.
If you wish to speak with someone on campus, you have options. The Title IX Coordinator, the Deputy Title IX Coordinators and the Sexual Assault Victim Advocate are all available to explain and discuss on and off-campus support resources available to you. The team will also explain your right to file a criminal complaint and also SDSU’s relevant complaint process and your right to receive assistance with that process, including the investigation process. The team can also explain how confidentiality is handled. If you would like to speak to SDSU’s confidential Sexual Assault Victim Advocate, contact Jessika Marshall by calling 619-594-0210 or emailing [email protected]. Other contact information is on SDSU’s Title IX website.
I am having trouble and need to speak to someone. What should I do?
If you are experiencing an emergency, please call 9-1-1. There are a range of resources
available to you, including counseling, health education, emergency financial resources
and other support and assistance. Please refer to SDSU’s list of support services to identify the type of support you need and to connect with the team members who
can help you. If you would like to speak to SDSU’s confidential Sexual Assault Victim Advocate,
contact Jessika Marshall by calling 619-594-0210 or emailing [email protected]. Other contact information
is on SDSU’s Title IX website.