Title IX
NOTICE of NON-DISCRIMINATION on the BASIS of GENDER or SEX
CSU Bakersfield does not discriminate on the basis of gender, which includes sex and gender identity or gender 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), including admissions. The protection against discrimination on the basis of gender or sexual orientation includes sexual harassment, sexual misconduct, sexual exploitation, dating and domestic violence, and stalking.
Prohibited Conduct
The Nondiscrimination Policy prohibits Discrimination, Harassment, Sex-based Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, and Retaliation.
Interim CSU Nondiscrimination Policy
Read the full Interim CSU Nondiscrimination Policy.
Safety of the CSUB 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.
Reporting an Incident
This report does not automatically initiate a Title IX Investigation. It provides you with an opportunity to inform the Title IX/DHR Coordinator of your experience and to receive support and information about your options.
Filing a report serves as official notice to the University and authorizes Title IX key personnel to initiate a preliminary inquiry into the information and allegations contained within the report.
Students, staff, faculty, or third parties wishing to file a report can use this form.
Incident Reporting Form
File a Formal Complaint
This form should only be completed by the individual who experienced the unwanted behavior.
This form serves as the means by which a complainant can file a formal complaint at CSU Bakersfield. Filing a formal complaint will initiate the grievance process related to the reported allegations which may include initiating an investigation and/or initiating the informal resolution process.
Please submit this form to report incidents involving alleged violations of CSU's Systemwide Interim CSU Nondiscrimination Policy.
Students, staff, faculty, or third parties wishing to file a report can use this form.
Formal Complaint Form
Contact
Director of Equity, Inclusion, and ComplianceTitle IX Coordinator
Email: mbrown59@csub.eduOffice: Office of the PresidentAssistant Director for Equity, Inclusion and ComplianceDeputy Title IX Coordinator
Email: jvillatoro8@csub.eduWhom Should I Contact?
The campus Title IX Coordinator is available to provide you with written and verbal information regarding the applicable University complaint procedure for investigating and addressing your reported incident. Contact information for the Title IX Coordinator is listed above.
Marcus Brown (Title IX Coordinator)
9001 Stockdale Highway, BDC 33
Bakersfield, CA 93311
661-654-2713
mbrown59@csub.edu
Jorge Villatoro (Deputy Title IX Coordinator)
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
Cindy Goodmon (Liaison for Athletics)
9001 Stockdale Hwy, GYM 113
Bakersfield, CA 93311-1022
661-654-2346
cgoodmon@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
If you want to talk to someone confidentially, the following people and organizations offer support and are not mandated to report to university officials:
CSU Bakersfield Counseling Center
(661) 654-3366
Located in Rivendell Hall, Student Housing West
Campus Advocate
Gerardo Bobadilla (Interim)
Rohan Hall, Room 102
(661) 654-2816
advocate@csub.edu or gbobadilla@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.
Resources
Title IX Coordinator
Marcus Brown
(661) 654-2713
mbrown59@csub.edu
Located in the Office of the President
University Police Department
Emergency: 911 or (661) 654 2111
Non-emergency: (661) 654-2677
UPD website
Victim's Advocate
advocate@csub.edu
CSUB Counseling Center
(661) 654-3366
Counseling Center website
Rivendell Hall, First Floor
Student Health Services | Student Health Center
(661) 654-2394
Hours: 8:00 a.m. - 5:00 p.m.
Student Health Services website
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 Domestic Violence Hotline
1-800-799-SAFE (7233)
http://www.thehotline.org/
California Coalition Against Sexual Assault
1215 K Street, Suite 1850
Sacramento, CA 95814
(916) 446-2520
http://www.calcasa.org/
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
Know Your Rights
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:
Marcus Brown | Title IX Coordinator | Office of the President | BDC 33 | (661) 654-2137 | mbrown59@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
Cindy Goodmon | Liaison for Athletics | GYM 113 | (661) 654-2346 | cgoodmon@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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Definitions
- 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.
- Any decision affecting a term or condition of the Complainant's employment; or
- Any decision affecting a Complainant's academic status or progress, or access to benefits
and services, honors, programs, or activities available at or through the University.
OR
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Create an intimidating, hostile or offensive work environment; or
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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:
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The frequency, nature, and duration of the conduct;
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Whether the conduct was physically threatening;
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Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
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The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities or employment;
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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
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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.
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- 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.
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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.
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The recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts, without that person's consent.
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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.
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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.
- who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
- where the existence of such a relationship shall be determined based on a consideration
of the following factors:
- The length of the relationship.
- The type of relationship.
- The frequency of interaction between the persons involved in the relationship.
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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.
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Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
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A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.
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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.
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It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.
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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.
- Reporting or filing a Complaint;
- Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
- Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
- Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
- 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.
Required Title IX Training