C A L I F O R N I A   S T A T E   U N I V E R S I T Y   B A K E R S F I E L D 2003-2005 Catalog

POLICIES AND REGULATIONS

Nondiscrimination Policies

Disability - The California State University does not discriminate on the basis of disability in admission or access to, or treatment or employment in, its programs and activities. Section 504 of the Rehabilitation Act of 1973, as amended, and the regulations adopted thereunder and the Americans with Disabilities Act of 1990 prohibit such discrimination. The Director of Services for Students with Disabilities (SSD) has been designated to coordinate the efforts of California State University, Bakersfield to comply with these Acts and their implementing regulations.  Any inquiries or concerns regarding compliance should be addressed to the Director at the SSD office located in SA 140, (661) 664-3360 (voice), (661) 665-6288 (tdd).

If you disagree with a decision made by SSD Staff, or if you feel you have been discriminated against based solely on the presence of a disability, these are the informal appeal procedures to follow:

a.   Meet with the SSD Director, Janice Clausen, to discuss your issue and develop a resolution, if possible.

b.   If a resolution is not possible, then an appointment will be made for you to meet with the SSD Director and the Senior Division Director, Dr. Steve Herndon (661) 664-3016, SA 120.  If the issue is still not resolved to your satisfaction, you may request a meeting with the Vice President for Student Affairs, Dr. George Hibbard. His office is located in SA 101, (661) 664-2161.

The formal grievance or appeal process is entitled “California State University, Bakersfield Section 504 Grievance Procedure”.  Provost and Vice President Dr. James H. George, Jr. is the designated Section 504/ADA Coordinator.  You may obtain a copy of the Section 504 Grievance Procedure from his office in Administration 100, (661) 664-2154.  This document contains detailed information as to how to proceed with your grievance. Upon request, the SSD office will provide a copy in an alternate format.

Office of Civil Rights (OCR) - Under Title I and Title II of The Americans with Disabilities Act, the Department of Justice, Office of Civil Rights (OCR) has been delegated responsibility of investigating claims of discrimination based solely on disability in post secondary institutions. You may reach OCR at:

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Civil Rights Division

Disability Rights Section - NYAVE

Washington, D.C. 20530

1-800-514-0301 (Voice)

1-800-514-0383 (TTY)

1-202-307-1198 (Fax)

http://www.usdoj.gov/crt/ada/adahom1.htm  (Web site)

Observance of Religious Holidays - The Academic Senate recognizes and welcomes the religious diversity of our student body.  Further, the Academic Sentate recognizes that, upon occasion, students’ religious observances may conflict with course requirements (such as examinations) and requests all faculty to be sensitive to that fact and to make reasonable accomodations for those students.

Race, Color, and National Origin - The California State University complies with the requirements of Title VI and Title VII of the Civil Rights Act of 1964 as amended and the regulations adopted thereunder.  No person shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program of the California State University.  Students who believe they have experienced discrimination should contact Dr. Willis Hill, the campus Ombudsman at (661) 664-3366, HC 13.

Sex - The California State University does not discriminate on the basis of sex in the educational programs or activities it conducts.  Title IX of the Education Amendments of 1972, as amended, and the administrative regulations adopted thereunder prohibit discrimination on the basis of sex in education programs and activities operated by California State University, Bakersfield.  Such programs and activities include admission of students and employment.  Inquiries concerning the application of Title IX to programs and activities of California State University, Bakersfield may be referred to Counseling Center (HC, 661-664-3366) or Personnel Services (ADM 108, 661-664-2266), the campus officer(s) assigned the administrative responsibility of reviewing such matters or to the Regional Director of the Office of Civil Rights, Region IX, 50 United Nations Plaza, Room 239, San Francisco, California 94102.

The California State University is committed to providing equal opportunities to male and female CSU students in all campus programs, including intercollegiate athletics.

Sexual Orientation - By CSU Board of Trustees policy, the California State University does not discriminate on the basis of sexual orientation.

policies on the rights of individuals

Campus Policy on Disruptive and Violent Behavior - California State University, Bakersfield is committed to creating and maintaining a safe working, learning, and social environment for all students, employees and visitors which is free from violence, threats, intimidation, hostile acts, and disruptive behavior.

Civility, understanding, and mutual respect toward all persons are intrinsic to the existence of a safe and healthy campus.  Threats or acts of violence, or hostile, intimidating, or disruptive behavior not only impact the individuals concerned, but also the mission of the University.  The University prohibits acts or threats of violence, and any person who commits such acts is subject to disciplinary action, and/or civil or criminal prosecution.

The University has zero tolerance for potentially violent or violent acts against any member of the campus environment, or against any property.

For the purpose of this policy, violence, threats of violence, and other inappropriate behaviors include, but are not limited to:

•     any act that is physically or emotionally assaultive; or

•     any threat, behavior or action which is interpreted by a reasonable person to carry the potential of:

      –harm or endangering the safety of others;

      –resulting in an act of aggression; or

      –destroying or damaging property.

Established student, personnel, and public safety procedures will serve as the mechanisms for resolving such situations.  Each incident will be taken very seriously and may be reported to, and records maintained in , the Office of Risk Management (SSS 109, 661-664-2066).

Members of the campus community are encouraged to report to the Public Safety Office, the appropriate school dean, or the employee’s area supervisor, acts of violence, threats of violence or any other behavior which by intent, act or outcome could harm another person or property.

Individuals who severely disrupt classrooms, offices or common spaces may be removed from the campus.  Deans may deny class enrollment to a student whose behavior compromises the learning environment.  Formal sanctions may also be administered by the Coordinator for Student Discipline and Judicial Affairs.

Confidentiality of Disability Related Student Records - California State University campuses comply with the Family Education Rights and Privacy Act of 1974 (FERPA) and its regulations.  Each CSU campus shall maintain appropriate confidential records identifying students with disabilities.  Information in these records shall include the student’s name, address, social security number, nature of disability, support services recommended, and verifying statement by the director of disabled student services or designee, or documentation provided by the student.  The confidential records will be protected in accordance with FERPA regulations with the purpose of providing appropriate academic accommodations to the student.  Information about the student may be released with the student’s consent or in accordance with FERPA or other applicable legislation.

Family Educational Rights & Privacy Act (FERPA) - The federal Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records.  They are:

•     The right to inspect and review the student’s educational records within 45 days of the day the university receives a request for access.

•     The right to have allegedly harmful effects of university decisions or actions on the student(s) be investigated and resolved.

•     The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure of directory information.

Directory information includes:  name, address, e-mail addresses, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, photographs, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.  This information is subject to release by CSUB at any time unless the university receives prior written objection from the student.  Currently enrolled students may withhold directory information under FERPA.  Forms requesting the withholding of directory information are available in the Office of Admission and Records.

CSUB is authorized to provide access to student records to campus officials and employees who have legitimate educational interest in such access.  These persons are those who have responsibilities in connection with campus academic, administrative, or service functions, or a person or company with whom CSUB has contracted (such as the National Student Loan Clearinghouse) and who have reason for using student records connected with their campus or other related academic responsibilities.  Students have the right to file a complaint with the US Department of Education concerning alleged failures by CSUB to comply with the requirements of FERPA.

The office administering FERPA:

Family Policy Compliance Office

US Department of Education

600 Independence Avenue, SW

Washington, DC  20202-4605

Service Animal Policy - According to the Americans with Disabilities Act (ADA), a service animal is defined as “any animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals to an impending seizure or protecting individuals during one, and alerting individuals who are hearing impaired to intruders, or pulling a wheelchair and fetching dropped items”.  Service animals must be permitted to accompany a person with a disability everywhere on campus or off campus as the activity (e.g. internship, field work, etc.) pertains to the curriculum.  If there are any questions as to whether an animal qualifies as a service animal, a determination will be made by the Section 504 Compliance Officer/ADA Coordinator in consultation with the Office of Services to Students with Disabilities (SSD).

In compliance with the ADA, service animals are welcome in all buildings on campus and may attend any class, meeting, or other event. Disabled students desiring to use a service animal on campus should first contact SSD to register as a student with a disability.  The Director of SSD (or designee) will evaluate the disability and recommend any additional accommodations appropriate to the functional limitations of the disability.

Faculty or staff desiring the use of a service animal on campus should contact the Office of Personnel Services.  The Director of Personnel (or designee), in consultation with the Director of SSD (or designee), will evaluate the disability and make any appropriate recommendations.

Requirements of service animals and their owners include:

•     Dogs must be licensed in accordance with county regulations and wear a vaccination tag.

•     Other types of animals (monkeys, snakes, miniature donkeys, etc.) must have vaccinations appropriate for that type of animal.

•     Animals must be in good health.  Animals to be housed in university housing must have an annual clean bill of health from a licensed veterinarian.

•     Animals must be on a leash at all times.

•     The owner must be in full control of the animal at all times.

•     The owner should provide SSD information as to how the animal accommodates for their disability.

Reasonable behavior is expected from service animals while on campus.  If a service dog, for example, exhibits unacceptable behavior, the owner is expected to employ the proper training techniques to correct the situation.

The owners of disruptive and aggressive service animals may be asked to remove them from university facilities.  If the improper behavior happens repeatedly, the owner may be told not to bring the service animal into any facility until they take significant steps to mitigate the behavior.  This mitigation may include muzzling a barking dog, or refresher training for the animal and its owner.

Cleanliness of the service animal is mandatory.  Daily grooming and occasional baths (at a vet or a family home) should keep dog odor to a minimum.  Flea control is essential and adequate preventative measures should be taken.  If a flea problem develops, it should be dealt with immediately and in an effective manner.

Consideration of others must be taken into account when providing maintenance and hygiene of service animals.

Any questions regarding this policy may be directed to either the SSD Office SA 140 (661) 664-3360 (voice) (661) 665-6288 (tdd), or to the Section 504 Compliance Officer/ADA Coordinator, Dr. James H. George, Jr. (Provost & Vice President). Dr. George may be reached at (661) 664-2154, and his office is located in Administration 100.

Sexual Harassment - Sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the California Fair Employment and Housing Act, as well as under CSU Executive Order 345.  California State University, Bakersfield is committed to creating and maintaining an environment in which faculty, staff, and students work together in an atmosphere of mutual respect and unconstrained academic interchange.  In the university environment, all faculty, staff, and students are entitled to be treated on the basis of their qualifications, competence, and accomplishments without regard to gender.  Individuals are entitled to benefit from university programs and activities without being discriminated against on the basis of their sex.  Sexual harassment violates university policy, seriously threatens the academic environment, and is illegal.  The policy on campus is to eliminate sexual harassment and to provide prompt and equitable relief to the extent possible.

Sexual harassment includes such behavior as sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature directed toward an employee, student, or applicant when one or more of the following circumstances are present:

•     Submission to or toleration of the conduct is an explicit or implicit term or condition of appointment, employment, admission, or academic evaluation;

•     Submission to or rejection of such conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual;

•     The conduct has the purpose or effect of interfering with an employee’s work performance, or creating an intimidating, hostile, offensive or otherwise adverse working environment;

•     The conduct has the purpose or effect of interfering with a student’s academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment, or adversely affecting any student.

Sexual harassment will not be tolerated by the university and may result in disciplinary action, up to and including termination or dismissal.  Administrative personnel are available to answer questions or handle complaints by students, employees, student applicants or employee applicants.  The names and office locations of sexual harassment counselors and respective administrative personnel are available in the Counseling Center and the Office of Personnel Services.  Any employee who believes that this policy has been violated should promptly report the facts of the incident(s) and the person(s) involved.

Formal complaints alleging sexual harassment of employees or applicants for employment should be made to the Director of Personnel Services (ADM 108, 661-664-2266).  Complaints involving sexual harassment of students should be made to the Ombudsman, located in the Counseling Center (HC, 661-664-3366).  Such complaints will be investigated without delay in accordance with university procedures and appropriate action taken.

University Alcohol and Illicit Drug Policy (Philosophical Statement) - CSUB recognizes that the abuse of alcohol and other drugs is detrimental to the educational mission of the University, as well as to individual members of the University community and their families.  All members of the University community have a stake in ensuring that alcohol is used in a responsible manner.  To achieve this end, CSUB has developed a comprehensive approach to address potential and/or problems of substance abuse.  This approach emphasizes the following components:

•     Taking effective steps to create and maintain an environment conducive to educational growth for students, faculty, and staff.                 

•     Providing continual education, prevention, and intervention services along with referrals to community treatment facilities as needed.

•     Encouraging students who are experiencing difficulties associated with alcohol and/or illicit drug use to seek an assessment, counseling, and other treatment services voluntarily with the understanding that assistance is confidential.

•     Assessing university sanctions for the manufacture, distribution, use or possession of illegal drugs or the possession of alcohol which may include prosecution under applicable state and federal laws.

Student Policy on Alcohol - Only those university students 21 years of age or older may possess or consume alcoholic beverages at approved university-related functions or in designated locations on campus, and they must do so in a responsible manner.  Students are expected to assume responsibility for their own behavior while drinking and must understand that being under the influence of alcohol in no way lessens their accountability to the university community.

•     Students will not provide alcoholic beverages to anyone under 21 years of age.

•     University-recognized student living units and events sponsored by university-recognized groups are governed by university policy concerning alcohol.  Individuals and groups are expected to follow appropriate on-campus residential hosting guidelines.

•     Alcoholic beverages may not be present at student organization recruitment efforts.  The use of university funds to provide alcohol to students is prohibited.

•     The intention to serve alcoholic beverages must be registered with the office or department administratively responsible for the facility or location where the event is to be held.

Violation of University policies concerning alcohol will result in appropriate disciplinary action.  If a determination that a violation of the alcohol policy has occurred, by either an individual or a student organization, sanctions will be assessed.  Such sanctions for a group or individual may include any of the following:

•     Community Service

•     Educational Sessions

•     Denial of use of university facilities

•     Social Probation

•     Disciplinary Probation

•     Revocation of recognition as a student organization

•     Suspension from the university

•     Explusion from the university

If a determination is made that a student organization has violated the university alcohol policy, sanctions will be assessed by the Office of Student Activities.  If a determination is made that a student is in violation of the university alcohol policy, sanctions will be assessed by the President or a designee.

In addition, if a determination that a violation of the alcohol policy has ocurred by an individual student (group grievances are not permitted), that student has the right to file a nonacademic grievance.  A student wishing to file a grievance should consult the Student Complaint and Grievance Procedure.  Copies of the procedure are available in the Office of the Vice President of Student Services and the Office of the Dean of Undergraduate Studies.

State and Federal Criminal Sanctions - Additionally, the university expects all students and student groups to comply with all current laws of the state of California and the city of Bakersfield.  It is the responsibility of each student to be aware of , and to abide by, all state and local ordinances and university regulations.  Current laws provide for severe penalties for violations, which may result in a criminal record.  Students should note that state and local laws include but are not limited to, the following provisions:

•     The purchase, possession or consumption of any alcoholic beverages by any person under the age of 21 is prohibited

•     It is unlawful to provide alcohol to anyone under the age of 21

•     Selling, either directly or indirectly, any alcoholic beverage except under the authority of a California Alcoholic Beverage Control Board license is prohibited

•     Serving alcohol to an intoxicated person or to someone to the point of intoxication is prohibited

•     Being intoxicated and disorderly in public is prohibited

•     Driving a motor vehicle or a bicycle while under the influence of alcohol is prohibited

The following is a brief summary of the state and federal criminal sanctions that may be imposed upon someone who violates the alcohol policy at CSUB or elesewhere in the state of California.

•     A violation of California law for the unlawful sale of alcohol may include imprisonment in the county jail for six months, plus fines and penalties

•     A violation of California law for the use of alcohol by obviously intoxicated individuals will vary with particular circumstances but may include imprisonment in the county jail and substantial fines and penalties.  Additionally, minors who are arrested for violations concerning the use of alcohol run the risk of having their driving privileges suspended or revoked until they are 18 years of age.

The Department of Public Safety is responsible for enforcement for all unlawful possession, use, and/or sale of alcohol.

Student Policy on Illicit Drugs - CSUB prohibits the possession, use, and/or sale of narcotics, marijuana, and/or other illicit drugs.  Violation of university policies concerning illicit drugs shall result in appropriate disciplinary action up to and including suspension or expulsion from the university, and in the case of organizations, loss of recognition.  The following is a brief summary of the state and federal criminal sanctions that may be imposed upon someone who violates the illicit drug policy at CSUB or elsewhere in the state of California.

•     A violation of California law for the possession, use, and/or sale of narcotics, marijuana, and/or other illicit drugs includes imprisonment in the county jail or state prison for one to nine years, plus fines up to $100,000 for each count

•     A violation of federal law for the possession, use and/or sale of narcotics, marijuana, and/or other illicit drugs may include imprisonment in a federal penitentiary for one to fifteen years plus substantial financial penalties

•     A violation of the law involving an individual being under the influence of a combination of alcohol and drugs (itself potentially fatal), may result in an increase in criminal sanctions and penalties

The Department of Public Safety is responsible for enforcement for all unlawful possession, use, or distribution of illicit drugs.

Counseling and Intervention Services - Any student, who is concerned about problems resulting from his/her use of alcohol and/or other drugs, is encouraged to seek assistance from the Student Health Center and Counseling Center.  Students will receive an initial counseling assessment, and a referral will be provided, when appropriate, to a community treatment agency for diagnosis and treatment.  In addition, regular Alcoholics Anonymous meetings are held on campus.

CSUB is an institution of higher education which complies with the Drug-Free Schools and Campuses Regulations of 1989, which states that “as a condition of receiving funds or any other form of financial assistance under any federal program, an institution of higher education must certify that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students.”

Therefore, for the benefit of all students, California State University, Bakersfield will strive to maintain an environment free of alcohol and substance abuse.

STUDENT DISCIPLINE

Inappropriate conduct by students or by applicants for admission is subject to discipline as provided in Sections 41301 through 41304 of Title 5, California Code of Regulations. These sections are as follows:

41301.  Expulsion, Suspension and Probation of Students - Following procedures consonant with due process established pursuant to Section 41304, any student of a campus may be expelled, suspended, placed on probation or given a lesser sanction for one or more of the following causes which must be campus related:

(a)  Cheating or plagiarism in connection with an academic program at a campus.

(b)  Forgery, alteration or misuse of campus documents, records, or identification or knowingly furnishing false information to a campus.

(c)  Misrepresentation of oneself or of an organization to be an agent of the campus.

(d)  Obstruction or disruption, on or off campus property, of the campus educational process, administrative process, or other campus function.

(e)  Physical abuse on or off campus property of the person or property of any member of the campus community or of members of his or her family or the threat of such physical abuse.

(f)   Theft of, or non-accidental damage to, campus property, or property in the possession of, or owned by, a member of the campus community.

(g)  Unauthorized entry into, unauthorized use of, or misuse of campus property.

(h)  On campus property, the sale or knowing possession of dangerous drugs, restricted dangerous drugs, or narcotics as those terms are used in California statutes, except when lawfully prescribed pursuant to medical or dental care, or when lawfully permitted for the purpose of research, instruction or analysis.

(i)   Knowing possession or use of explosives, dangerous chemicals or deadly weapons on campus property or at a campus function without prior authorization of the campus president.

(j)   Engaging in lewd, indecent, or obscene behavior on campus property or at a campus function.

(k)  Abusive behavior directed toward, or hazing of, a member of the campus community.

(l)   Violation of any order of a campus President, notice of which had been given prior to such violation and during the academic term in which the violation occurs, either by publication in the campus newspaper, or by posting on an official bulletin board designated for this purpose, and which order is not inconsistent with any of the other provisions of this Section.

(m) Soliciting or assisting another to do any act which would subject a student to expulsion, suspension or probation pursuant to this Section.

(n)  For purposes of this Article, the following terms are defined:

      (1)  The term “member of the campus community” is defined as meaning California State University Trustees, academic, non-academic and administrative personnel, students, and other persons while such other persons are on campus property or at a campus function.

      (2)  The term “campus property” includes:

            (A) real or personal property in the possession of, or under the control of, the Board of Trustees of the California State University, and

            (B) all campus feeding, retail, or residence facilities whether operated by a campus or by a campus auxiliary organization.

      (3)  The term “deadly weapons” includes any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, switchblade knife, pistol, revolver, or any other firearm, any knife having a blade longer than five inches, any razor with an unguarded blade, and any metal pipe or bar used or intended to be used as a club.

      (4)  The term “behavior” includes conduct and expression.

      (5)  The term “hazing” means any method of initiation into a student organization or any pastime or amusement engaged in with regard to such an organization which causes, or is likely to cause, bodily danger, or physical or emotional harm, to any member of the campus community; but the term “hazing” does not include customary athletic events or other similar contests or competitions.

(o)  This Section is not adopted pursuant to Education Code Section 89031.

(p)  Notwithstanding any amendment or repeal pursuant to the resolution by which any provision of this Article is amended, all acts and omissions occurring prior to that effective date shall be subject to the provisions of this Article as in effect immediately prior to such effective date.

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.

41303.  Conduct by Applicants for Admission - Notwithstanding any provision in this Chapter 1 to the contrary, admission or readmission may be qualified or denied to any person who, while not enrolled as a student, commits acts which, were he enrolled as a student, would be the basis for disciplinary proceedings pursuant to Sections 41301 or 41302. Admission or readmission may be qualified or denied to any person who, while a student, commits acts which are subject to disciplinary action pursuant to Section 41301 or Section 41302. Qualified admission or denial of admission in such cases shall be determined under procedures adopted pursuant to Section 41304.

41304.  Student Disciplinary Procedures for the California State University - The Chancellor shall prescribe, and may from time to time revise, a code of student disciplinary procedures for the California State University. Subject to other applicable law, this code shall provide for determinations of fact and sanctions to be applied for conduct which is a ground of discipline under Sections 41301 or 41302, and for qualified admission or denial of admission under Section 41303; the authority of the campus President in such matters; conduct related determinations on financial aid eligibility and termination; alternative kinds of proceedings, including proceedings conducted by a Hearing Officer; time limitations; notice; conduct of hearings, including provisions governing evidence, a record, and review; and such other related matters as may be appropriate. The Chancellor shall report to the Board actions taken under this section.