Title IX

Melissa Carlton (Title IX Coordinator)
mcarleton@csub.edu
(661) 654-2713
9001 Stockdale Highway, BDC 33
Bakersfield, CA 93311


Jorge Villatoro
9001 Stockdale Highway, BDC 33
Bakersfield, CA 93311
661-654-3377
jvillatoro8@csub.edu 

Duties and responsibilities: monitoring and oversight of Title IX policy at the University, including coordination of training, education, communications, and administration of grievance procedures for faculty, staff, students and other members of the University community.

Deputy Title IX Coordinators are available to explain the university's complaint process for students, available resources, and collaborate with the Title IX Coordinator to respond to Title IX issues on campus.

Area Liaisons

Andrew Dickenson (Liaison for Athletics)
9001 Stockdale Hwy, GYM 113
Bakersfield, CA 93311-1022
(661) 654-2863
adickenson@csub.edu

Emily Callahan (Liaison for Student Conduct)
9001 Stockdale Hwy, CAF 107
Bakersfield, CA 93311-1022
661-654-2680
epoole1@csub.edu

Hilda Nieblas (Liaison for Housing)
9001 Stockdale Hwy, Student Housing East
Bakersfield, CA 93311-1022
661-654-3013
hnieblas@csub.edu

Ruby Alvarez (Liaison for Student Organizations)
9001 Stockdale Hwy, CAF 153
Bakersfield, CA 93311
661-654-3013
hnieblas@csub.edu

Dr. Debbie Boschini (Liaison for Faculty Affairs)
9001 Stockdale Hwy, ADM 100
Bakersfield, CA 93311
661-654-2155
dboschini@csub.edu 

Lori Blodorn (Liaison for Human Resources)
9001 Stockdale Hwy, ADM 104
Bakersfield, CA 93311
661-654-3206
lblodorn@csub.edu 

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.

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.

Sexual assault counselors (also called victim or survivor advocates) are confidential and available to assist victims/survivors of sexual assault.

Note: Communications with sexual assault counselors/advocates are protected by state law per California Evidence Code Section §§1035.

Sexual assault counselors/advocates can assist by providing the following:

• Confidential, non-judgmental support
• Information about rights and options to help someone make an informed decision
• Help with reporting sexual assault to law enforcement which includes in-person accompaniments to the police station (the same support is also available for those that report sexual misconduct to the Title IX office)
• Information and accompaniments to sexual assault forensic exams (SAFE’s) and other medical options
  
  Sexual assault counselors/advocates are available on campus and at community-based sexual assault/rape crisis centers.

Note: If a campus-based sexual assault counselor/advocate cannot be reached, you may contact a community-based sexual assault/rape crisis center for immediate assistance. Community-based sexual assault counselors/advocates are available 24 hours a day, 7 days a week, by calling a hotline.

the Open Door Network
1921 19th Street
Bakersfield, CA 93301
(661) 322-9199
https://opendoorhelps.org/

Kern Behavioral Health & Recovery Services
Crisis Hotline:  1-800-991-5272
https://www.kernbhrs.org/

National Sexual Assault Hotline
Hotline staff are available 24 hours a day, 7 days a week via a national sexual assault hotline. Hotline staff can be contacted via phone at (800) 656-4673, or online chat at their website,www.rainn.org.

• Please note - when calling the hotline your call will be directed to a local provider based on the area code of the phone number you are calling from. If you are geographically located in an area different than the area code of the phone number you are calling from, hotline staff can still offer you support but may not have information regarding resources in your location. If this is your situation, please call the 24/7 hotline at the sexual assault/rape crisis center nearest you.

Additional Options for Support: Additional resources for support are available and include but are not limited to, mental health counseling and psychological services on-campus or community-based, your campus Title IX office, and the CSU’s employee assistance program (EAP) are also available.

A law enforcement officer can take a report, help access confidential support, and provide access to medical care after a sexual assault. Police departments are available for response 24/7.

Sexual assaults can be reported at any time (immediately following, days or years after the incident). Statutes of limitations vary, depending on the type of crime/sexual assault and by state. The evidence available, investigations and treatment options may also be impacted by the length of time that has passed since the assault. A sexual assault counselor/advocate or law enforcement can provide you with specific information related to these factors.

Deciding to report a sexual assault to law enforcement is a very private a personal decision. It’s ok to report to police, not report, or not k​nowing if one wants to report. A sexual assault counselor/advocate can provide all information about reporting options so the victim/survivor can make an informed decision.

More information about reporting sexual assault to law enforcement:
https://www.rainn.org/articles/reporting-law-enforcement
https://www.rainn.org/articles/communicating-law-enforcement

Sexual Assault Forensic Exam (SAFE)

(also known as “rape kits”)

A sexual assault forensic exam (SAFE) could be used to collect DNA evidence if the assault occurred within 120 hours. Specialized sexual assault nurse examiners collect samples from a victim/survivor that may contain DNA evidence to help a potential prosecution.

A victim/survivor has the right to have a support person with them and can say no to any part of the exam.

If a person decides they want a SAFE, the sexual assault counselor/advocate can provide more detailed information and help coordinate response with police and the SAFE nurse.

There are two types of exams: a VAWA exam and evidentiary exam.

Note about at-home rape kits: Although well-intentioned, evidence from at home “rape kits” may not be admissible for evidence.

Preserving clothing with potential DNA evidence:
Necessary evidence could be present in the clothes someone wore during the assault — this evidence can be preserved by being stored in paper bags (mold grows in plastic bags.) If the person decides to file a police report or obtain a sexual assault forensic exam (SAFE), the clothes can be provided to them for evidence collection.

More information about sexual assault forensic exams:
https://www.rainn.org/articles/rape-kit

Other Evidence

A sexual assault forensic exam is one way to preserve evidence, but it’s not the only way. Here is a list of other evidence that can be preserved:

• Video – from door cameras, surveillance cameras, social media posts, etc.
• Names of people that may have information such as:
• Eyewitnesses – people who saw behavior or level of intoxication before the assault or witnessed the assault
• Outcry witnesses – people you told about what happened
• Any messages or communication with the perpetrator, including voicemails, texts, email and social media messaging (taking screenshots can be helpful)
• Information/documentation about or photos of injuries
• Receipts – showing where you were or what you were doing

It’s ok if someone does not wish to file a police report or get a sexual assault forensic exam. That said, depending on the nature of the assault, it may still be important to obtain medical care to address potential injuries, exposure to sexually transmitted infections (STI’s), or if there may be a risk of pregnancy.

A sexual assault counselor/advocate can help explore and address issues such as resources to help pay for medical care and confidentiality

Note: Emergency contraceptives are also available at local pharmacies without prescription.

Options for Medical Care

Office of Civil Rights,
San Francisco Office
U.S. Department of Education
50 United Nations
San Francisco, CA 94102
Telephone: (415) 486-555
Facsmile: (415) 486-5570
Email: OCR.SanFrancisco@ed.gov

The California State University does not discriminate on the basis of gender, which includes sex and gender identity or expression, or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of gender or sexual orientation in employment, as well as in all education programs and activities operated by the University (both on and off campus). The protection against discrimination on the basis of gender or sexual orientation includes sexual harassment, sexual misconduct, and gender based dating and domestic violence and stalking. The following person has been designated to handle inquiries regarding the non-discrimination policies:

Jorge Villatoro | Deputy Title IX Coordinator | Office of Civil Rights and Compliance | (661) 654-3377 | jvillatoro8@csub.edu 

Emily Callahan | Liaison for for Student Affairs | CAF 107 | (661) 654-6090 | epoole1@csub.edu

Rubicelia (Ruby) Alvarez | Liaison for Student Organizations | SU 153 | (661) 654-3346 | ralvarez9@csub.edu

Andrew Dickenson | Liaison for Athletics | GYM 113 | (661) 654-2863 | adickenson@csub.edu

Hilda Nieblas | Liaison for Housing | SHE151E | (661) 654-3013 | hnieblas@csub.edu

Dr. Debra Boschini | Liaison for Faculty Affairs | ADM 100 | (661) 654-2154 | dboschini@csub.edu

Questions may also be addressed to:

Office for Civil Rights U.S. Department of Education | 50 Beale Street, Suite 7200 San Francisco, CA 94105-1813

Telephone: 415-486-5555 | FAX: 415-486-5570; TDD: 800-877-8339

Email: ocr.sanfrancisco@ed.gov

NOTICE OF NON-DISCRIMINATION ON THE BASIS OF GENDER OR SEX

Common Myths and Facts About the Causes of Sexual Misconduct/Sexual Assault

1. Myth: Individuals provoke Sexual Misconduct/Sexual Assault by the way they dress or when they act in a promiscuous manner.  
   • Fact:  Sexual Misconduct/Sexual Assault is never the fault of the victim. Sexual Misconduct/Sexual Assault is an act of violence and control that stems from a person’s determination to exercise power over another.  Neither the way a person dresses nor their previous sexual behavior with anyone are invitations for sexual activity. Engaging in sexual activity with another person without that person’s Affirmative Consent is Sexual Assault, regardless of the way that person dresses or acts. 
2. Myth: If a person goes to a bar or back to someone’s room or house, they assume the risk of Sexual Misconduct/Sexual Assault. If something happens later, they can’t claim that they were raped or sexually assaulted because they should have known not to go to those places.
   • Fact: This idea of an “assumption of risk” wrongfully places the responsibility of the offender’s action with the victim. Engaging in sexual activity with another person without that person’s Affirmative Consent is Sexual Misconduct/Sexual Assault, regardless of where it happens. Even if a person went voluntarily to someone’s home or room and consented to engage in some sexual activity, this does not serve as Affirmative Consent for all sexual activity. CSU policy defines Sexual Misconduct to include any sexual activity without Affirmative Consent. Affirmative Consent means informed, affirmative, voluntary, and mutual agreement to engage in sexual activity. Each person involved is responsible to ensure that they have the Affirmative Consent of the other participant(s). When in doubt if the person is comfortable with sexual activity, or a different form of sexual activity, stop and ask. 
3. Myth: It is not Sexual Misconduct/Sexual Assault if it happens after drinking or taking drugs. 
   • Fact: Being under the influence of alcohol or drugs is not an invitation for sexual activity. A person under the influence does not cause others to assault them; others choose to take advantage of the situation and sexually assault them because they are in a vulnerable position. A person who is incapacitated due to the influence of alcohol or drugs is not able to consent to sexual activity.
4. Myth: Most Sexual Misconduct/Sexual Assaults are committed by strangers. It’s not rape if the people involved know each other. 
   • Fact: Most Sexual Assaults are committed by someone the victim knows. A Department of Justice study found that eight out of ten rapes are committed by someone known to the victim. Most often, an intimate partner or former intimate partner, classmate, friend, acquaintance, or co-worker sexually victimized the person.
5. Myth: Rape can be avoided if women avoid dark alleys or other “dangerous” places where strangers might be hiding or lurking.
   • Fact: Sexual Misconduct/Sexual Assault can occur at any time, in many places, to anyone. As noted in Myth 4 above, most Sexual Assaults are committed not by strangers, but by someone known to the victim. The majority of Sexual Assaults occur at or near the victim's home.
6. Myth: A person who has really experienced Sexual Misconduct/Sexual Assault will be hysterical.
   • Fact:  A person who has experienced Sexual Misconduct/Sexual Assault may exhibit a spectrum of responses to the assault which can include: calm, hysteria, withdrawal, anxiety, anger, apathy, denial, and shock. Being sexually assaulted is a very traumatic experience. Reaction to the assault and the length of time needed to process through the experience vary with each person. There is no “right way” to react to being sexually assaulted. Assumptions about the way a person “should act” may be detrimental because each person copes in different ways.
7. Myth: A person who has experienced Sexual Misconduct/Sexual Assault will report the crime immediately to the police. If they do not report it or delay in reporting it, then they must have changed their minds after it happened, wanted revenge, or didn’t want to look like they were sexually active.
   • Fact: There are many reasons why a person may not report the assault to the police or campus officials. It is not easy to talk about being sexually assaulted and can feel very shameful. The experience of retelling what happened may cause the person to relive the trauma. Another reason for delaying a report or not making a report is the fear of retaliation by the offender. There is also the fear of being blamed, not being believed, and being required to go through judicial proceedings. Just because a person does not report the incident does not mean it did not happen. 
8. Myth: Only heterosexual women are assaulted.
   • Fact:  Sexual violence affects people of every gender identity and sexual orientation. While women and girls experience sexual violence at high rates, men and boys also experience sexual assault. Transgender and nonbinary individuals experience high rates of sexual violence. It is important to remember that Sexual Misconduct/Sexual Assault can occur in heterosexual and same-gender relationships. Assumptions about the “typical” victim might lead others not to report the assault because they do not fit the stereotypical victim profile.
9. Myth: It’s only Sexual Misconduct/Sexual Assault if the victim puts up a fight and resists.
   • Fact: There are a number of reasons why a person who is sexually assaulted may not resist. They may experience an involuntary response to what is happening that physically prevents them from resisting or moving (sometimes called “tonic immobility”). A person may also fear that if they resist, they will anger their attacker, resulting in more severe injury. Many assault experts say that victims should trust their instincts and intuition and do what they believe will most likely keep them alive. Not fighting or resisting an attack does not equal consent. 
10. Myth: Someone can only be sexually assaulted if a weapon was involved.
    • Fact: In many cases of Sexual Misconduct/Sexual Assault, a weapon is not involved. The offender often uses physical strength, physical violence, intimidation, threats, or a combination of these tactics to overpower the victim. Although the presence of a weapon while committing the assault may result in a higher penalty or criminal charge, the absence of a weapon does not mean that the offender cannot be held responsible, criminally or otherwise, for a Sexual Assault.

FULL MYTHS & FACTS ABOUT SEXUAL MISCONDUCT DOCUMENT

Affirmative Consent means an agreement to engage in sexual activity that is informed, affirmative, conscious, voluntary, and mutual. Affirmative Consent must be given freely and without coercion, force, threats, intimidation, or by taking advantage of another person’s incapacitation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.

• Affirmative consent is given by clear words or actions. Affirmative consent includes knowledge and agreement to engage in the specific sexual activity.
• Affirmative Consent must be ongoing throughout a sexual activity and can be withdrawn or revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked and clearly communicated, the sexual activity must stop immediately.
• 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.
• Affirmative Consent cannot be inferred from an existing or previous dating, social, or sexual relationship between the Parties.
• Silence does not mean there is Affirmative Consent.
• Lack of protest or resistance does not mean there is Affirmative Consent.
• A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.
• Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication.

• Create an intimidating, hostile or offensive work environment; or
• Limit a Student’s ability to participate in or benefit from the services, activities, or opportunities offered by the University. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
  • The frequency, nature, and duration of the conduct;
  • Whether the conduct was physically threatening;
  • Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
  • The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities or employment;
  • The Parties’ ages, roles within the CSU’s educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
  • Other Sex-based Harassment in the CSU’s educational programs, activities, or employment. Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion; being subjected to video exploitation or a campaign of sexually explicit content; or frequently being exposed to unwanted images of a sexual nature in a work environment, or in a classroom where the images are unrelated to the coursework. Claiming that the conduct was not motivated by sexual desire is not a defense to a Complaint of Sexual Harassment.

Sex-based Harassment is a form of sex discrimination and means Sexual Harassment and other Harassment on the basis of Sex or Gender, including Gender Expression, Gender Identity, Pregnancy or related conditions, Sex Stereotypes, Sex Characteristics, or Sexual Orientation, including:

• Hostile environment or Quid Pro Quo Harassment (e.g., when an Employee conditions a benefit on a Complainant’s participation in unwelcome sexual conduct);
• Specific offenses (e.g., Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking); and/or
• Sexual Misconduct.

Rape

Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.

Fondling

Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity.

Incest

Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape

Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent.

• The prostituting of another person.
• The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion.
• The recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts, without that person's consent.
• The distribution of images, including video or photographs, or audio of another person's sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
• The viewing of another person's sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person's consent, for the purpose of arousing or gratifying sexual desire.

Dating Violence means physical violence or threat of physical violence committed by a person:

1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship.
   2. The type of relationship.
   3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence means Physical Violence or threat of Physical Violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant. Domestic violence also includes acts against a Minor or adult victim who is protected from those acts under the family or domestic laws of the state.

• Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party's property.
• Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

• A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.
• While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking subject to this Nondiscrimination Policy.
• It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.
• Examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member.

Retaliation is intimidation, coercion, or discrimination against any individual for the purpose of interfering with their exercise of any rights under this Nondiscrimination Policy by:

1. Reporting or filing a Complaint;
2. Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
3. Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
4. Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
5. Assisting someone else in reporting or opposing a violation of this Nondiscrimination Policy or assisting someone else in reporting or opposing Retaliation under this Nondiscrimination Policy.
   • For purposes of this definition, Retaliation includes conduct that would discourage a reasonable person from reporting or participating in a process provided for in this Policy, including threats, intimidation, coercion, reprisals, discrimination, and adverse employment or educational actions.
   • Peer Retaliation, which is defined as Retaliation by one Student against another Student, is also prohibited.
   • Retaliation may occur even when there is not a power or authority differential between the individuals involved.
   • The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this definition.
   • Good faith actions lawfully pursued in response to a Complaint, such as gathering evidence, providing Supportive Measures, or disciplining Students or Employees found to be in violation of this Nondiscrimination Policy, without more, are not considered Retaliation.