Open All/Close All

What is sexual misconduct?

For definitions of sexual misconduct, rape, and affirmative consent, please visit: http://www.csub.edu/compliance/Title%20IX/Definitions1/index.html


What if I was drinking or under the influence of drugs when the assault occurred?

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 sexual activity.

The use of alcohol or drugs never makes the victim at fault for sexual misconduct.  Victims should not be deterred from reporting incidents of sexual misconduct 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 misconduct shall not be subject to discipline for related violations for university policies.


What if both parties are equally intoxicated?

Sexual activity requires initiation from at least one party.  The responsibility to obtain affirmative consent is on the person initiating the sexual activity.


Someone I know was sexually assaulted and I don't know what to do or say. Where can I find help?

Most importantly you want to believe, listen, and encourage them to seek help or additional support.  The campus advocate is always willing and available to discuss what you can do.


Is there a time frame during which I have to report?

No.  There is no time limited on reporting sexual assault or rape to the University or law enforcement.  Although obtaining evidence used to support a criminal case may be difficult to collect as time passes.


Is it sexual assault if I said yes to one type of sexual activity but not another?

Yes.  Affirmative consent can be withdrawn or revoked.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 constitue consent on another occasion.  Consent can be revoked at any time, including after penetration.


If I report sexual misconduct to the victim advocate, will it be reported to the police, university, ir my parents or partner?

No.  Interactions with the campus advocate are confidential.  No report can be made without your written consent.  Only in extreme circumstances will it be reported, for example if there is a suspicion of child abuse, elder abuse, and harm to self or others.


Do I have the right to be accompanied by someone throughout the legal or university complaint process?

Yes.  You have the right to be accompanied by an advisor of your choice, including the campus advocate, an attorney, friend, or family member.


Do I have to make a report to the police before seek support services from an advocate?

No.


Are the services provided by the advocate only for CSUB students?

No.  The advocate is available for students, staff, and faculty.