Title IX

Marcus Brown (Title IX Coordinator)
9001 Stockdale Highway, BDC 33
Bakersfield, CA 93311-1022
661-654-2713
mbrown59@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.

Cindy Goodmon (Deputy Title IX Coordinator for Athletics)
9001 Stockdale Hwy, GYM 113
Bakersfield, CA 93311-1022
661-654-2346
cgoodmon@csub.edu

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

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

Ruby Alvarez (Deputy Title IX Coordinator for Student Organizations)
9001 Stockdale Hwy, CAF 153
Bakersfield, CA 93311-1022
661-654-3013
hnieblas@csub.edu

Dr. Debbie Boschini (Deputy Title IX Coordinator for Faculty Affairs)

Lori Bloodorn (Deputy Title IX Coordinator for Human Resources)

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.

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

Campus Advocate
Olivia Warren
(661) 654-6210
advocate@csub.edu
Rohan Hall, Room 102

CSUB Counseling Center
(661) 654-3366
Located in the Student Health Center
Counseling Center website

Student Health Services | Student Health Center
(661) 654-2394
Hours: 8:00 a.m. - 5:00 p.m.
Student Health Services website

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/

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 | Deputy Title IX Coordinator for Student Affairs | CAF 107 | (661) 654-6090 | epoole1@csub.edu

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

Cindy Goodmon | Deputy Title IX Coordinator for Athletics | GYM 113 | (661) 654-2346 | cgoodmon@csub.edu

Hilda Nieblas | Deputy Title IX Coordinator for Housing | SHE151E | (661) 654-3013 | hnieblas@csub.edu

Dr. Debra Boschini | Deputy Title IX Coordinator 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

Myth: Victims provoke Sexual Assaults when they dress provocatively or act in a promiscuous manner.1

Fact: Rape and Sexual Assault are crimes of violence and control that stem from a person’s determination to exercise power over another. Neither provocative dress nor promiscuous behaviors are invitations for unwanted sexual activity. Forcing someone to engage in non-consensual sexual activity is Sexual Assault; regardless of the way that person dresses or acts.

Myth: If a person goes to someone’s room or house or goes to a bar, s/he assumes the risk of Sexual Assault. If something happens later, s/he can’t claim that s/he was raped or sexually assaulted because s/he should have known not to go to those places.

Fact: This “assumption of risk” wrongfully places the responsibility of the offender’s action with the victim. Even if a person went voluntarily to someone’s home or room and consented to engage in some sexual activity, it does not serve as blanket consent for all sexual activity. University policy defines Sexual Misconduct to include any sexual activity that is engaged in 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 an elevated level of sexual activity, stop and ask. When someone says “no” or “stop,” that means “STOP!” Sexual activity forced upon another without valid consent is Sexual Assault.

Myth: It is not Sexual Misconduct 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 her/him; others choose to take advantage of the situation and sexually assault her/him because s/he is 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 Assaults are committed by strangers. It’s not rape if the people involved know each other.

Fact: Most Sexual Assaults and Rape are committed by someone the victim knows. A study of sexual victimization of college women showed that about 90% of victims knew the person who sexually victimized them. Most often, a boyfriend, ex-boyfriend, classmate, friend, acquaintance or co-worker sexually victimized the person. It is important to remember that Sexual Misconduct can occur in both heterosexual and
same-gender relationships.

Myth: Rape can be avoided if women avoid dark alleys or other “dangerous” places where strangers might be hiding or lurking.

Fact: Rape and other Sexual Misconduct can occur at any time, in many places, to anyone.

Myth: A person who has really been sexually assaulted will be hysterical.

Fact: Victims of Sexual Assault 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 victim “should act” may be detrimental to the victim because each victim copes in different ways.

Myth: All victims 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 victim 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 young, pretty women are assaulted.

Fact: The belief that only young, pretty women are sexually assaulted stems from the myth that Sexual Misconduct is based on sex and physical attraction. Sexual Assault is a crime of power and control. Offenders often choose people whom they perceive as most vulnerable to attack or over whom they believe they can assert power. Men and boys are also sexually assaulted, as well as persons with disabilities. 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 Rape if the victim puts up a fight and resists.

Fact: Many states do not require the victim to resist in order to charge the offender with Rape or Sexual Assault. Those who do not resist may feel if they do so, 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 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 criminally responsible for a Sexual Assault.

FULL MYTHS & FACTS ABOUT SEXUAL MISCONDUCT DOCUMENT

Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:

• An Employee conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.

Sexual Assault includes the following:

1. 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.
2. 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.
3. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent.

Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person's consent, including, but not limited to, any of the following acts:

1. The prostituting of another person.
2. 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.
3. The recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts, without that person's consent.
4. 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.
5. 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.

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.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. fear for his or her safety or the safety of others; or
2. suffer substantial emotional distress.