Sexual Misconduct, Dating/Domestic Violence and Stalking Policy

CSU Executive Orders 1095, 1096, and 1097 detail how CSUDH prohibits sexual misconduct, dating violence, domestic violence, and stalking, and promotes a safe, inclusive environment for all staff, faculty, and students. At CSUDH, the Title IX Officer has been designated to coordinate prevention education, supportive resources, and respond to inquiries regarding the non-discrimination policies, including reports of policy violations. To report an incident to the Title IX Officer, fill out the online reporting form found at Report an Incident or call (310) 243-1025. To report an emergency, please call the CSUDH police department by dialing 911 or (310) 243-3333.

 For more information about the CSU Executive Orders Governing CSUDH's Response to Sexual Misconduct, Dating/Domestic Violence, and Stalking visit Policies or read the Executive Orders below:  

• CSU Executive Order 1095R (2015): Overview
• CSU Executive Order 1096R (2019): Response to complaints by employees and third parties 
• CSU Executive Order 1097 (2019): Response to complaints by students 

What should I do if I have experienced sexual misconduct?

1. Make sure that you are safe. If you are not safe, call (310) 243-3333 if you are on campus or 911.
2. Get medical attention and preserve any evidence, if possible.

• Evidence may be preserved by not cleansing, showering, urinating, or defecating and by storing clothing and other evidence in a paper bag.
• For a confidential, free medical exam by trained Sexual Assault Nurse Examiners after a sexual assault, contact the Santa Monica Rape Treatment Center at (424) 259-7208.
• YWCA of Greater Los Angeles can also assist at (877) 943-5778 with arranging medical help and evidence collection.

3. Access resources for support.

4. Make a report to the University and the police.

5. Inquire about accommodations.

• Whether or not you make a report to the University or Police, the Title IX Office can assist you with accommodations to ensure your continued academic success and safety, regardless of which could include academic relief, housing accommodations, no-contact orders, and other assistance.

Definition of Sexual Misconduct:

All sexual activity between members of the CSU community must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity constitutes Sexual Misconduct and is a violation of this policy, whether or not the conduct violates any civil or criminal law.

Sexual Misconduct is a form of Sexual Harassment and may create a sexually hostile environment that affects access to or participation in CSU programs and activities. CSU prohibits all such conduct whether or not it also amounts to Sexual Harassment.

Sexual activity includes but is not limited to kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex.

Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean Affirmative Consent, nor does silence mean Affirmative Consent. Affirmative Consent must be voluntary, and given without coercion, force, threats or intimidation.

The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative Consent. A request for someone to use a condom or birth control does not, in and of itself, constitute Affirmative Consent. 

Affirmative 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. Consent given to sexual activity on one occasion does not constitute consent on another occasion. There must always be mutual and affirmative consent to engage in sexual activity. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration. Once consent is withdrawn or revoked, the sexual activity must stop immediately.

Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when s/he is asleep, unconscious or is incapacitated due to the influence of drugs, alcohol or medication so that s/he could not understand the fact, nature or extent of the sexual activity.  A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational decisions.

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 decision-making ability, awareness of consequences, and ability to make informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain Affirmative Consent before engaging in sexual activity. 

A person with a medical or mental disability may also lack the capacity to give consent.

Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving consent due to age.  

It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:

• The person was asleep or unconscious;
• The person was incapacitated due to the influence of drugs, alcohol or medication, so that the person could not understand the fact, nature or extent of the sexual activity;
• The person was unable to communicate due to a mental or physical condition.

It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances: 

• The Respondent’s belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;
• The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented.

Please contact the Title IX Officer/Discrimination, Harassment, and Retaliation Administrator if you have any questions about this policy:

Additional questions can also be addressed to the Office for Civil Rights or (415) 486-5555.

 Created: May 10, 2012 Amended:  August 14, 2019