Policies

Privacy Rights of Students in Education Records

The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students' privacy in their records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of such records. The law provides that the campus must give students access to most records directly related to the student, and must also provide opportunity for a hearing to challenge the records if the student claims they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor.

The law generally requires the institution to receive a student's written consent before releasing personally identifiable data about the student. Fresno State has adopted a set of policies and procedures governing implementation of the statute and the regulations. Copies of these policies and procedures may be obtained at the Registrar's Office. Among the types of information included in the campus statement of policies and procedures are (1) the types of student records maintained and the information they contain, (2) the official responsible for maintaining each type of record, (3) the location of access lists indicating persons requesting or receiving information from the record, (4) policies for reviewing and expunging records, (5) student access rights to their records, (6) the procedures for challenging the content of student records, (7) the cost to be charged for reproducing copies of records, and (8) the right of the student to file a complaint with the Department of Education.

The campus must also conduct a periodic review of campus information management practices concerning student records at least every two years or more often as the need arises. The results of these reviews shall be forwarded to the chancellor by the president and shall include any changes deemed necessary.

The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

The campus is authorized under the Act to release public "directory information" concerning students. "Directory information" at California State University, Fresno may include the student's name; major field of study; participation of officially recognized activities and sports; weight and height of members of athletic teams; enrollment status; degrees, honors, and awards received; and the most recent educational institution attended. The above-designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying what information the student requests not be released. Written objections should be sent to the Registrar's Office.

The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in the campus's academic, administrative or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of the accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; or to other institutions to which the student is transferring).

For students employed in positions represented by CSU Bargaining Unit 11 only, "directory information" may also include address, department in which employed, telephone number, e-mail address, and status as a student employee (i.e. TA, GA, ISA) provided, however, such information may be considered "directory information" only for purposes of disclosure of the CSU Chancellor's Office to the Exclusive Representative of Bargaining Unit 11.

The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in the campus's academic, administrative or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Students' records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; or to other institutions to which the student is transferring).

Use of Social Security Number. Applicants are required to include their correct Social Security numbers in designated places on applications for admission pursuant to the authority contained in Section 41201, Title 5, California Code of Regulations, Section 6109 of the Internal Revenue Code (26 U.S.C. 6109). The university uses the Social Security number to identify students and locate their records. The Social Security number is used to determine financial aid eligibility and disbursement and to identify the student's repayment of financial aid and other debts payable to the institution. Also, the Internal Revenue Service requires the university to file information returns that include the student's Social Security number and other information such as the amount paid for qualified tuition, related expenses, and interest on educational loans. This information is used by the IRS to help determine whether a student, or a person claiming a student as a dependent, may take a credit or deduction to reduce federal income taxes.

Taxpayers who claim Hope Scholarship or Lifetime Learning tax credit will be required to provide their name, address, and Taxpayer Identification Number to the campus.
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Research on Human Subjects

California State University, Fresno has adopted provisions for the conduct of research that employs or influences humans. All research at the university must comply with these provisions. Students must familiarize themselves with the provisions by inquiring in the departmental offices or the office of the dean of their school.
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CSU Immunization Requirements

Entering CSU students are required to present proof of the following immunizations to the CSU campus they will be attending before the beginning of their first term of enrollment. Measles and Rubella: All new and readmitted students must provide proof of full immunization against measles and rubella prior to enrollment. Hepatitis B: All new students who will be 18 years of age or younger at the start of their first term at a CSU campus must provide proof of full immunization against Hepatitis B before enrolling. Full immunization against Hepatitis B consists of three timed doses of vaccine over a minimum 4 to 6 months period. Meningococcal Disease Information: Each incoming freshman who will be residing in on-campus housing will be required to return a form indicating that they have received information about meningococcal disease and the availability of the vaccine to prevent contracting the disease and indicating whether or not the student has chosen to receive the vaccination.

The above are not admission requirements, but are required of students as conditions of enrollment in CSU.

Students who need further details or have special circumstances may consult the Student Health Center, 559.278.2734.
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Nondiscrimination Policy

Race, Color, Ethnicity, National Origin, Age, Genetic Information, Religion and Veteran Status. The California State University does not discriminate on the basis of race, color, ethnicity, national origin, age, genetic information, religion or veteran status in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. Brittany Grice, Institutional Compliance Administrator, has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at 5150 N. Maple Avenue, M/S JA41, Joyal Administration Building 245, Fresno, CA 93740, 559.278.5013. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

Disability. The California State University does not discriminate on the basis of disability in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination. Brittany Grice, Institutional Compliance Administrator, has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to this person at 5150 N. Maple Avenue, M/SJA 41, Joyal Administration Building, Rm 245, Fresno, CA 93740, 559.278.5013. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

Sex/Gender/Gender Identity/Gender Expression/Sexual Orientation. The California State University does not discriminate on the basis of sex, gender, gender identity, gender expression, or sexual orientation in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination. Janice Parten, Associate Vice President for Human Resources, has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at 5150 N. Maple Avenue, M/SJA 41, Fresno, CA 93740, by calling 559.278.2364. The California State University is committed to providing equal opportunities to male and female CSU students in all campus programs, including intercollegiate athletics.

Title IX of the Education Amendments of 1972 protects all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and violence:

  • Sexual discrimination means an adverse act of sexual discrimination (including sexual harassment, sexual violence, domestic violence, dating violence, and stalking) that is perpetrated against an individual on a basis prohibited by Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (Title IX); California Education Code §66250 et seq., and/or California Government Code §11135.
  • Sexual harassment, a form of sex discrimination, is unwelcome conduct of a sexual nature that includes, but is not limited to, sexual violence, sexual advances, requests for sexual favors, indecent exposure and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as limiting the individual's ability to participate in or benefit from the services, activities or opportunities offered by the university. Sexual harassment includes submission to, or rejection of, where the conduct is explicitly or implicitly used as the basis for any decision affecting an individual's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University. Sexual harassment also includes gender-based harassment, which may include acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
  • Sexual violence is a form of sexual harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (when based on gender or sex) perpetrated against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to that individual's use of drugs or alcohol, status as a minor, or disability. Sexual violence may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person's intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person's incapacitation (including voluntary intoxication). Men as well as women can be victims of these forms of sexual violence. Unlawful sexual intercourse with a minor (statutory rape) occurs even if the intercourse is consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.
  • Sexual Assault is a form of sexual violence and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.
  • Sexual Battery is a form of sexual violence and is any willful and unlawful use of force or violence upon the person of another because of that person's gender or sex.
  • Rape is a form of sexual violence and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The accused's relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant. (See complete definition of consent below.)
  • Acquaintance Rape is a form of sexual violence committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website. (See above for definition of rape.)

Consent means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. Consent must be voluntary, and given without coercion, force, threats, or intimidation. Consent requires positive cooperation in a particular sexual act, or expression of intent to engage in that sexual act through the exercise of free will. Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity. There must always be mutual and affirmative consent to engage in sexual activity. Consent to a sexual act may be withdrawn or revoked at any time, including after penetration. The victim's request for the perpetrator to use a condom or birth control does not, in and of itself, constitute consent. Once consent is withdrawn or revoked, the sexual activity must stop immediately. Consent cannot be given by a person who is incapacitated. For example, a person cannot give consent if s/he is unconscious or coming in and out of consciousness. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational judgments. Examples of incapacitation include unconsciousness, sleep and blackouts. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person's decisionmaking capacity, awareness of consequences, and ability to make fully informed judgments. A person with a medical or mental disability may also lack the capacity to give consent. Being intoxicated by drugs or alcohol does not diminish a person's responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered include whether the person knew, or whether a reasonable person in the accused's position should have known, that the victim did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent. Sexual intercourse with a minor is never consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.

  • Domestic Violence is a form of sexual violence and is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the abuser has a child, someone with whom the abuser has or had a dating or engagement relationship, or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.
  • Dating Violence is a form of Sexual Violence and is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website.
  • Stalking means a repeated course of conduct directed at a specific person that places that person in reasonable fear for his/her or others' safety, or to suffer substantial emotional distress.
  • See further information in Fresno State's sexual violence prevention and education statement, which includes facts and myths about sexual violence at http://www.fresnostate.edu/titleix/students.

Whom to Contact If You Have Complaints, Questions or Concerns. Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX Coordinator is available to explain and discuss your right to file a criminal complaint (for example, in cases of 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. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.

Campus Title IX Coordinator:
Janice Parten
5150 N. Maple Avenue, M/S J/A 41
Joyal Administration Room 211
Fresno, CA 93740
jparten@csufresno.edu
Office Hours: 8 a.m. -5 p.m.

University Police
Lt. Lupe Canales-Shrum
2311 E. Barstow Avenue
Fresno, CA 93740
lupec@csufresno.edu
559.278.8400

U.S. Department of Education, Office for Civil Rights:
800.421.3481 or ocr@ed.gov

If you wish to fill out a complaint form online with the OCR, you may do so at http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence, as well as provide training, education and preventive measures related to sex discrimination.. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

Except in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim), any member of the University community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX Coordinator. (See confidential reporting options outlined below.)

Regardless of whether an alleged victim of sexual discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or violence, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any sex discrimination/harassment, prevent its recurrence, and remedy its effects.

Safety of the Campus Community Is Primary. The university's primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for sexual discrimination, harassment or violence; therefore, victims should not be deterred from reporting incidents of sexual violence out of a concern that they might 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.

Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of SexualViolence. Individuals alleged to have committed sexual assault may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline at the university. Employees may face sanctions up to and including dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.

Students who are charged by the university with sexual discrimination, harassment or violence will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098 at http://www.calstate.edu/EO/EO-1098.pdf or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.

Confidentiality and Sexual Violence, Dating Violence, Domestic Violence, and Stalking. The university encourages victims of sexual violence, dating violence, domestic violence, or stalking (collectively sexual Violence) to talk to someone about what happened – so they can get the support they need, and so the university 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 the university. The following information is intended to make victims aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn for help. The university strongly encourages victims to talk to someone identified in one or more of these groups.

Certain university employees, listed below, are required by law to maintain near or complete confidentiality; talking to them is sometimes called a "privileged communication." university law enforcement employees may maintain the victim's identity as confidential, if requested by the victim, but will report the facts of the incident to the Title IX coordinator, including the identity of the perpetrator. Most other university employees are required to report all details of a Sexual Violence incident (including the identities of both the victim and alleged perpetrator) to the Title IX coordinator so the university can take immediate action to protect the victim, and take steps to correct and eliminate the cause of sexual violence.

University Police, the Title IX Coordinator, university-employed physicians, professional counselors, sexual assault and domestic violence counselors and advocates, and certain other university employees are required to explain to victims their rights and options with respect to confidentiality.

Privileged and Confidential Communications. Physicians, Psychotherapists, Professional Counselors and Clergy – Physicians, psychotherapists, professional, licensed counselors, and clergy who work or volunteer on or off campus, and who provide supervision) may not report any information about an incident of sexual violence to anyone else at the university, including the Title IX coordinator, without the victim's consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, and clergy without triggering a university investigation that could reveal the victim's identity or the fact of the victim's disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.

Sexual Assault and Domestic Violence Counselors and Advocates – Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women's centers, and health centers (including all individuals who work or volunteer in these centers and offices, as well as non-professional counselors or advocates, and those who act in that role under their supervision) may talk to a victim without revealing any information about the victim and the incident of sexual violence to anyone else at the university, including the Title IX Coordinator, without the victim's consent. A victim can seek assistance and support from these counselors and advocates without triggering a university investigation that could reveal his/her identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.

The university will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to (1) speak only to a physician, professional counselor, clergy member, sexual assault counselor, domestic violence counselor or advocate; and (2) maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability, medical/health or mental health services, or legal services, and will advise victims regarding their right to file a Title IX complaint with the university and a separate complaint with local or university police. If a victim insists on confidentiality, such professionals, counselors and advocates will likely not be able to assist the victim with: university academic support or accommodations; changes to university-based living or working schedules; or adjustments to course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the university or report the incident to the police, and thus have the incident fully investigated. These counselors and advocates can provide victims with that assistance if requested by the victim. These counselors and advocates will also explain that Title IX includes protections against retaliation, and that the university will not only take steps to prevent retaliation when it knows or reasonably should know of possible retaliation, but will also take strong responsive action if it occurs.

EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician's office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a patient/victim who he or she knows or reasonably suspects is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including Sexual Violence, Domestic Violence, and Dating Violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the Sexual Violence incident. If applicable, these professionals will explain this limited exception to victims.

Reporting to University or Local Police. If a victim reports to local or university Police about sexual violence, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that his/her identity be kept confidential, his/her 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. university Police will, however, report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation. The university is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the university will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.

Reporting to the Title IX Coordinator and Other University Employees. Most university employees have a duty to report sexual violence incidents when they are on notice of it. When a victim tells the Title IX Coordinator or another university employee about a sexual violence incident, the victim has the right to expect the university to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the university strongly encourages victims to report sexual violence directly to the campus Title IX coordinator. As detailed above in the Privileged and Confidential Communications section of this policy, all university employees except physicians, licensed counselors, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any sexual violence incidents of which they become aware. The university will need to determine what happened – and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.

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. The university will protect the privacy of individuals involved in a sexual violence incident except as otherwise required by law or university policy. A Sexual Violence report may result in the gathering of extremely sensitive information about individuals in the campus community. While such information is considered confidential, university policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual violence. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim's identity and privacy and the privacy of other involved individuals. Except as detailed in the section on Privileged and Confidential Communications above, no university employee, including the Title IX coordinator, should disclose the victim's identity to the police without the victim's consent or unless the victim has also reported the incident to the police.

If a victim requests of the Title IX coordinator or another university employee that his/her identity remain completely confidential, the Title IX coordinator will explain that the university cannot always honor that request and guarantee complete confidentiality. If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the university must weigh that request against the university's obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including the victim. Under those circumstances, the Title IX coordinator will determine whether the victim's request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the university has a legal obligation to report the incident, conduct an investigation or take other appropriate steps. Without information about a victim's identity, the university's ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited. See Executive Order 1095 for further details around confidential reporting, and other related matters (http://www.calstate.edu/EO/EO-1095.pdf).

Sexual Violence Prevention
http://www.fresnostate.edu/hr/documents/SexualViolencePrevention.pdf

Sexual Violence - Risk Reduction Tips
http://www.fresnostate.edu/hr/documents/SexualViolence-RiskReductionTips.pdf

What is Dating Violence or Domestic Violence
http://www.fresnostate.edu/hr/documents/WhatisDatingViolenceorDomesticViolence.pdf

Rape and Sexual Assault
http://www.fresnostate.edu/hr/documents/RapeandSexualAssault.pdf

Are You Being Stalked?
http://www.fresnostate.edu/hr/documents/AreYouBeingStalked.pdf

Additional Resources
http://www.fresnostate.edu/hr/documents/AdditionalResources.pdf

  • Fresno State's sexual violence prevention and education statement, which includes facts and myths about sexual violence, at http://www.fresnostate.edu/titleix/students.
  • U.S. Department of Education, regional office:
    Office for Civil Rights
    50 Beale Street, Suite 7200
    San Francisco, CA 94105
    415.486.5555
    TDD 877.521.2172
  • U.S. Department of Education, national office:
    Office for Civil Rights
    800.872.5327
  • Know Your Rights about Title IX
    http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
  • California Coalition Against Sexual Assault (http://calcasa.org/)
    1215 K. Street, Suite 1850
    Sacramento, CA 95814
    916.446.2520
  • Domestic and Family Violence, Office of Justice Programs, United States Department of Justice
  • National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
  • National Domestic Violence Hotline: 1.800.799.SAFE (7233)
  • Office of Violence against Women, United States Department of Justice
  • Centers for Disease Control and Prevention: Intimate Partner Violence
  • Defending Childhood, United States Department of Justice

Immigration Requirements for Licensure

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), also known as the Welfare Reform Act, includes provisions to eliminate eligibility for federal and state public benefits for certain categories of lawful immigrants as well as benefits for all illegal immigrants.

Students who will require a professional or commercial license provided by a local, state, or federal government agency in order to engage in an occupation for which the CSU may be training them must meet the immigration requirements of the Personal Responsibility and Work Opportunity Reconciliation Act to achieve licensure. Information concerning these requirements is available from the Financial Aid Office 559.278.2182.
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Student Body Fee

Procedure for the establishment or abolishment of a student body fee. The law governing the California State University provides that Fresno State fees defined as mandatory, such as a student body association fee and a student body center fee, may be established. A student body association fee must be established upon a favorable vote of two-thirds of the students voting in an election held for this purpose (Education Code, Section 89300). The campus President may adjust the student body association fee only after the fee adjustment has been approved by a majority of students voting in a referendum established for that purpose. The required fee shall be subject to referendum at any time upon the presentation of a petition to the campus President containing the signatures of 10 percent of the regularly enrolled students at the University. Student body association fees support a variety of cultural and recreational programs, childcare centers, and special student support programs. A student body center fee may be established only after a fee referendum is held which approves, by a two-thirds favorable vote, the establishment of the fee (Education Code, Section 89304). Once bonds are issued, authority to set and adjust student body center fees is governed by provisions of the State University Revenue Bond Act of 1947, including, but not limited to, Education Code sections 90012, 90027, and 90068.

The process to establish and adjust other campus-based mandatory fees requires consideration by the campus fee advisory committee and a student referendum as established by Executive Order 1054, Section III. The campus President may use alternate consultation mechanisms if he/she determines that a referendum is not the best mechanism to achieve appropriate and meaningful consultation. Results of the referendum and the fee committee review are advisory to the campus president. The president may adjust campus-based mandatory fees but must request the chancellor to establish a new mandatory fee. The president shall provide to the fee advisory committee a report of all campus-based mandatory fees. The campus shall report annually to the chancellor a complete inventory of all campus-based mandatory fees.

For more information or questions, please contact Financial Management/University Controller at 559.278.2764.
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Student Conduct

Title 5, California Code of Regulations, § 41301. Standards for Student Conduct.

Campus Community Values. The university is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.

Grounds for Student Discipline. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based:

  1. Dishonesty, including the following:
    • Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
    • Furnishing false information to a university official, faculty member, or campus office.
    • Forgery, alteration, or misuse of a university document, key, or identification instrument.
    • Misrepresenting one's self to be an authorized agent of the university or one of its auxiliaries.
  2. Unauthorized entry into, presence in, use of, or misuse of university property.
  3. Willful, material, and substantial disruption or obstruction of a university-related activity, or any on-campus activity.
  4. Participating in an activity that substantially and materially disrupts the normal operations of the university or infringes on the rights of members of the university community.
  5. Willful, material, and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus university-related activity.
  6. Disorderly, lewd, indecent, or obscene behavior at a university related activity, or directed toward a member of the university community.
  7. Conduct that threatens or endangers the health or safety of any person within or related to the university community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
  8. Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term "hazing" does not include customary athletic events or school sanctioned events.

    Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
  9. Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia (except as expressly permitted by law and university regulations), or the misuse of legal pharmaceutical drugs.
  10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and university regulations), or public intoxication while on campus or at a university-related activity.
  11. Theft of property or services from the university community, or misappropriation of university resources.
  12. Unauthorized destruction, or damage to, university property or other property in the university community.
  13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a university-related activity.
  14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
  15. Misuse of computer facilities or resources, including the following:
    • Unauthorized entry into a file, for any purpose.
    • Unauthorized transfer of a file.
    • Use of another's identification or password.
    • Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
    • Use of computing facilities and resources to send obscene or intimidating and abusive messages.
    • Use of computing facilities and resources to interfere with normal university operations.
    • Use of computing facilities and resources in violation of copyright laws.
    • Violation of a campus computer use policy.
  16. Violation of any published university policy, rule, regulation, or presidential order.
  17. Failure to comply with directions of, or interference with, any university official or any public safety officer while acting in the performance of his/her duties.
  18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the university community, to property within the university community, or which poses a significant threat of disruption or interference with university operations.
  19. Violation of the Student Conduct Procedures, including the following:
    a. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
    b. Disruption or interference with the orderly progress of a student discipline proceeding.
    c. Initiation of a student discipline proceeding in bad faith.
    d. Attempting to discourage another from participating in the student discipline matter.
    e. Attempting to influence the impartiality of any participant in a student discipline matter.
    f. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
    g. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
  20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

Application of this Code. Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the university, is within the jurisdiction of this article regardless of whether it occurs on or off campus. Nothing in this code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

Procedures for Enforcing this Code. The chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the university imposes any sanction for a violation of the Student Conduct Code.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws. Anyone who is found to be liable for copyright infringement may be ordered to pay either actual damages suffered as a result of the infringement along with any profits of the infringer attributable to the infringement that are not already taken into account in computing the actual damages, or "statutory" damages between $750 and $30,000 per work infringed. In the case of a "willful" infringement, a court may award up to $150,000 per work infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys' fees to the prevailing party. (See 17 U.S.C. §505.) Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. Criminal penalties may vary depending on the nature of the offense and whether the infringer has previously been convicted of criminal copyright infringement under 18 U.S.C. §2319. (See 17 U.S.C. §506 and 18 U.S.C. §2319.)
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Disposition of Fees

Title 5, California Code of Regulations, § 41302. Disposition of Fees: Campus Emergency; Interim Suspension. The president of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of campus emergency, as determined by the president of the individual campus, the president may, after consultation with the chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The president may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the president or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.
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Cheating and Plagiarism

Cheating. Cheating is the actual or attempted practice of fraudulent or deceptive acts for the purpose of improving a grade or obtaining course credit. Typically, such acts occur in relation to examinations. It is the intent of this definition that the term cheating not be limited to examinations situations only, but that it include any and all actions by a student that are intended to gain an unearned academic advantage by fraudulent or deceptive means.

Plagiarism. Plagiarism is a specific form of cheating that consists of the misuse of the published and/or unpublished works of others by misrepresenting the material so used as one's own work. Grade substitution shall not be applicable to courses for which the original grade was the result of a finding of academic dishonesty.

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Civil and Criminal Penalties for Violation of Federal Copyright Laws

Anyone who is found to be liable for copyright infringement may be ordered to pay either actual damages or “statutory” damages between $750 and $30,000 per work infringed.  In the case of a “willful” infringement, a court may award up to $150,000 per work infringed. Courts also have discretion to award costs and attorneys’ fees to the prevailing party.  (See 17 U.S.C. §§504 and 505.)  Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. (See 17 U.S.C. §506 and 18 U.S.C. §2319.)

Credit Hour

As of July 1, 2011 federal law (Title 34, Code of Federal Regulations, sections 600.2 and 600.4) requires all accredited institutions to comply with the federal definition of the credit hour. For all CSU degree programs and courses bearing academic credit, the "credit hour" is defined as "the amount of work represented in intended learning outcomes and verified by evidence of student achievement that is an institutionally established equivalency that reasonably approximates not less than

  1. one hour of classroom or direct faculty instruction and a minimum of two hours of out-of-class student work each week for approximately fifteen weeks for one semester or trimester hour of credit, or ten to twelve weeks for one quarter hour of credit, or the equivalent amount of work over a different amount of time; or
  2. at least an equivalent amount of work as required in paragraph (1) of this definition for other academic activities as established by the institution, including laboratory work, internships, practica, studio work, and other academic work leading to the award of credit hours."

A credit hour is assumed to be a 50-minute period. In courses in which "seat time" does not apply, a credit hour may be measured by an equivalent amount of work, as demonstrated by student achievement.

Career Placement Policy

The Career Services Office may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow for the identification of any individual student. This information may include data concerning the average starting salary collected from graduates of the campus or of the CSU system.
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Safety Checklist

In case of an emergency, students can dial "911" from campus pay phones for assistance. Blue light/yellow light emergency phones provide a direct line to the police dispatcher. Practice safety measures: be aware of who is nearby, never open the door without checking who is there, have car keys in hand and check inside the car before entering, use well-traveled routes well-lighted areas, and keep outside doors locked. During hours of darkness, the University Police Department will provide an escort on campus or to a nearby residence upon request. For more information, see the Class Schedule.
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Service Learning Policy

Education at California State University, Fresno includes the opportunity to serve the people of California. This is partially accomplished by the link of academic study to community service. Service-learning is a method by which students learn and develop through active participation in organized service, which is conducted in and meets the needs of the community. This service is integrated into and enhances the academic curriculum and provides students with structured opportunities for critical reflection on their service experience. It also enhances students' appreciation of themselves and societal and civic issues, as well as encourages students' commitment to be active citizens throughout their lives.
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Reservation to Deny Admission

The university reserves the right to select its students and deny admission to the university or any of its programs as the university, in its sole discretion, determines appropriate, based on an applicant's suitability and the best interests of the university.
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Smoking Policy

The university is a smoke-free campus except for officially posted designated smoking areas. In addition, the use of smokeless tobacco in any form shall not be permitted in any classroom or other enclosed building.The use of smokeless tobacco is strongly discouraged outdoors. More information and a current map of designated smoking areas are available online at www.fresnostate.edu/smoking.
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Student Complaint Procedure

The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:

(1) If your complaint concerns CSU's compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at http://www.wascsenior.org/comments. WASC is the agency that accredits the CSU's academic program.

(2) If your complaint concerns an alleged violation by CSU of a state law, including laws prohibiting fraud and false advertising, you may present your claim to the campus president or designee at [name, title and e-mail address]. The president or designee will provide guidance on the appropriate campus process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the president or designee, or by WASC, you may file an appeal with the Associate Vice Chancellor, Academic Affairs at the CSU Chancellor's Office. This procedure should not be construedto limit any right that you may have to take civil or criminal legal action to resolve your complaint.

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