CHANGES IN RULES AND POLICIES
Although every effort has been made to assure the accuracy of the information in this catalog, students and others who use this catalog should note that laws, rules, and policies change from time to time and that these changes may alter the information contained in this publication. Changes may come in the form of statutes enacted by the Legislature, rules and policies adopted by the Board of Trustees of The California State University, by the chancellor or designee of The California State University, or by the president or designee of the institution. Further, it is not possible in a publication of this size to include all of the rules, policies, and other information which pertain to the student, the institution, and The California State University. More current or complete information may be obtained from the appropriate department, college, or administrative office.
Nothing in this catalog shall be construed as, operate as, or have the effect of an abridgement or a limitation of any rights, powers, or privileges of the Board of Trustees of The California State University, the chancellor of The California State University, or the president of the campus. The Trustees, the chancellor, and the president are authorized by law to adopt, amend, or repeal rules and policies which apply to students. This catalog does not constitute a contract or the terms and conditions of a contract between the student and the institution or The California State University. The relationship of the student to the institution is one governed by statute, rules, and policy adopted by the Legislature, the Trustees, the chancellor, the president, and their duly authorized designees.
AVERAGE ANNUAL COST OF EDUCATION AND SOURCES OF FUNDS PER FULL-TIME EQUIVALENT STUDENT
The twenty-three campuses and the Chancellor's Office of The California State University are financed primarily through funding provided by the taxpayers of California. The total state appropriation to the CSU for 1996/97 (including capital outlay funding in the amount of $150,000,000) is $1,936,061,000. However, the total cost of education for the CSU is $2,522,307,000, which must provide support for a projected 255,501 full-time equivalent students (FTES). The number of full-time equivalent students is determined by dividing the total academic student load by 15 units per term (the figure used here to define a full-time student's academic load).
The total cost of education in the CSU is defined as the expenditures for current operations, including payments made to the students in the form of financial aid, and all fully reimbursed programs contained in state appropriations, but excluding capital outlay appropriations and lottery funds. The average cost of education is determined by dividing the total cost by the total FTES. The average cost is further differentiated into three categories: State Support (the state appropriation, excluding capital outlay), Student Fee Support, and Support from Other Sources (including federal funds).
Thus, excluding costs which relate to capital outlay, the average cost of education per FTE student is $9,872. Of this amount, the average student fee support per FTE is $2,094. (The State University Fee, application fee, and nonresident tuition are included in the average costs paid by the students; individual students may pay less or more than $2,094, depending on whether they are part-time, full-time, resident, or non-resident students.)
SOURCE OF FUNDS AND AVERAGE COSTS FOR 1996/97 CSU BUDGET
The campus may furnish, upon request, information about the employment of students who graduate from SFSU.
Legitimate computing for educational uses is encouraged. However, some may be tempted to abuse this privilege but not be aware of the legal aspects of computer crime. If San Francisco State University computers are illegally used, California Penal Code 502 states that the offender may be found guilty of a felony which is punishable by a fine not exceeding $10,000, or by imprisonment for 16, 24, or 36 months, or by both fine and imprisonment. Any student who illegally uses the SFSU computer system may be subject to suspension or expulsion from the university.
Computer security is the responsibility of everyone. All computing users should read the SFSU Computing Services Security Guide which covers policies, procedures, proper uses, and misuses of computing systems. The Computing Services Security Guide is accessible from the World Wide Web at http://www.sfsu.edu.
DETERMINATION OF RESIDENCE FOR NONRESIDENT TUITION PURPOSES
The campus undergraduate and graduate admissions offices determine the residence status of all new and returning students for nonresident tuition purposes. Responses to the Application for Admission and, if necessary, other evidence furnished by the student are used in making this determination. A student who fails to submit adequate information to establish a right to classification as a California resident will be classified as a nonresident.
The following statement of the rules regarding residency determination for nonresident tuition purposes is not a complete discussion of the law, but a summary of the principal rules and their exceptions. The law governing residence determination for tuition purposes by The California State University is found in Education Code Sections 68000-68090, 68121, 68123, 68124, and 89705-89707.5, and in Title 5 of the California Code of Regulations, Sections 41900-41912. A copy of the statutes and regulations is available for inspection at the campus Admissions Office.
Legal residence may be established by an adult who is physically present in the state and who, at the same time, intends to make California his or her permanent home. Steps must be taken at least one year prior to the residence determination date to show an intent to make California the permanent home with concurrent relinquishment of the prior legal residence. The steps necessary to show California residency intent will vary from case to case. Included among the steps may be registering to vote and voting in elections in California; filing resident California state income tax forms on total income; ownership of residential property or continuous occupancy or renting of an apartment on a lease basis where one's permanent belongings are kept; maintaining active resident memberships in California professional or social organizations; maintaining California vehicle plates and operator's license; maintaining active savings and checking accounts in California banks; maintaining permanent military address and home of record in California if one is in the military service.
The student who is within the state for educational purposes only does not gain the status of resident regardless of the length of the student's stay in California.
In general, the unmarried minor (a person under 18 years of age) derives legal residence from the parent with whom the minor maintains or last maintained his or her place of abode. The residence of a minor cannot be changed by the minor or the appointment of a guardian for the minor, so long as the minor's parents are living.
A married person may establish his or her residence independent of his or her spouse.
An alien may establish his or her residence, unless precluded by the Immigration and Nationality Act from establishing domicile in the United States. An unmarried minor alien derives his or her residence from the parent with whom the minor maintains or last maintained his or her place of abode.
Nonresident students seeking reclassification are required by law to complete a supplemental questionnaire concerning financial independence.
The general rule is that a student must have been a California resident for at least one year immediately preceding the residence determination date in order to qualify as a "resident student" for tuition purposes. A residence determination date is set for each academic term and is the date from which residence is determined for that term. The residence determination dates are:
Quarter Term Campuses
Fall September 20
Winter January 5
Spring April 1
Summer July 1
Semester Term Campuses
Fall September 20
Winter (Stanislaus only) January 5
Spring January 25
Questions regarding residence determination dates should be directed to the campus Admissions Office which can give the residence determination date for the term for which the student is registering.
There are exceptions from nonresident tuition, including:
Any student, following a final campus decision on his or her residence classification only, may make written appeal to:
- 1. Persons below the age of 19 whose parents were residents of California but who left the state while the student, who remained, was still a minor. When the minor reaches age 18, the exception continues for one year to enable the student to qualify as a resident student.
- 2. Minors who have been present in California with the intent of acquiring residence for more than a year before the residence determination date, and entirely self-supporting for that period of time.
- 3. Persons below the age of 19 who have lived with and been under the continuous direct care and control of an adult or adults, not a parent, for the two years immediately preceding the residence determination date. Such adult must have been a California resident for the most recent year.
- 4. Dependent children and spouses of persons in active military service stationed in California on the residence determination date. The exception, once attained, is not affected by retirement or transfer of the military person outside the state.
- 5. Military personnel in active service stationed in California on the residence determination date for purposes other than education at state-supported institutions of higher education. This exception continues until the military personnel has resided in the state the minimum time necessary to become a resident.
- 6. Effective January 1, 1996, military personnel in active service in California for more than one year immediately prior to being discharged from the military. Eligibility for this exception runs from the date the student is discharged from the military until the student has resided in the state the minimum time necessary to become a resident.
- 7. Dependent children of a parent who has been a California resident for the most recent year. This exception continues until the student has resided in the state the minimum time necessary to become a resident, so long as continuous residence is maintained at an institution.
- 8. Graduates of any school located in California that is operated by the United States Bureau of Indian Affairs, including, but not limited to, the Sherman Indian High School. The exception continues so long as continuous attendance is maintained by the student at an institution.
- 9. Certain credentialed, full-time employees of California school districts.
- 10. Full-time state university employees and their children and spouses; state employees assigned to work outside the state and their children and spouses. This exception applies only for the minimum time required for the student to obtain California residence and maintain that residence for one year.
- 11. Certain exchange students.
- 12. Children of deceased public law enforcement or fire suppression employees who were California residents and who were killed in the course of law enforcement or fire suppression duties.
within 120 calendar days of notification of the final decision on campus of the classification. The Office of General Counsel may make a decision on the issue, or it may send the matter back to the campus for further review. Students classified incorrectly as residents or incorrectly granted an exception from nonresident tuition are subject to reclassification as nonresidents and payment of nonresident tuition in arrears. If incorrect classification results from false or concealed facts, the student is subject to discipline pursuant to Section 41301 of Title 5 of the California Code of Regulations. Resident students who become nonresidents, and nonresident students qualifying for exceptions whose basis for so qualifying changes, must immediately notify the Admissions Office. Applications for a change in classification with respect to a previous term are not accepted.
- The California State University
Office of General Counsel
400 Golden Shore
Long Beach, California 90802-4275
The student is cautioned that this summation of rules regarding residency determination is by no means a complete explanation of their meaning. The student should also note that changes may have been made in the rate of nonresident tuition, in the statutes, and in the regulations between the time this catalog is published and the relevant residence determination date.
FACULTY STATEMENT OF COURSE REQUIREMENTS
Because students and their instructors share a common goal of a semester of learning in the best possible environment, students shall receive in writing, in the first or second meeting of a class:
Should budgetary demands require it, one posted document will suffice. During the semester, students shall be notified in writing of any substantive changes in the faculty statement of course requirements.
Students and employees with the Human Immunodeficiency Virus (HIV) shall be afforded unrestricted classroom attendance, working conditions, use of university facilities, and participation in co-curricular and extra-curricular activities as long as they are physically and psychologically able to do so.
For more information, individuals are encouraged to contact Student Health Services, members on the AIDS Steering and Coordinating Committees, Human Resources Department, Office of Faculty Affairs, or the Dean of Students office.
INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION
The following information concerning student financial assistance may be obtained from the Office of Student Financial Aid, HSS 127, 337-0200.
The following information concerning the cost of attending San Francisco State University is available from the Office of Student Financial Aid, HSS 127, 337-0200:
Information concerning the refund policy of San Francisco State University for the return of unearned tuition and fees or other refundable portions of costs is available from the University Bursar, ADM 155, 338-6495.
Information concerning San Francisco State policies regarding any refund due to the federal Title IV student assistance programs as required by the regulations is available from the Office of Student Financial Aid, 337-0200.
Information concerning the academic programs of San Francisco State University may be obtained from the Office of the Vice President for Academic Affairs, ADM 455, 338-1141 and may include:
Information regarding special facilities and services available to students with disabilities may be obtained from the physical and environmental disability coordinator, ADM 471B, 338-2364.
- The current degree programs and other educational and training programs;
- The instructional, laboratory, and other physical plant facilities which relate to the academic program;
- The faculty and other instructional personnel;
- Data regarding student retention at San Francisco State University and, if available, the number and percentage of students completing the program in which the student is enrolled or expresses interest; and
- The names of associations, agencies, or governmental bodies which accredit, approve, or license the institution and its programs, and the procedures under which any current or prospective student may obtain or review upon request a copy of the documents describing the institution's accreditation, approval, or licensing.
Information concerning San Francisco State University policies, procedures, and facilities for students and others to report criminal actions or other emergencies occurring on campus may be obtained from Kimberley Wible, director/chief of police, Department of Public Safety, Lot 8, 338-2747.
Information concerning the San Francisco State University annual campus security report may be obtained from Kimberley Wible, director/chief of police, Department of Public Safety, Lot 8, 338-2747.
Information concerning the prevention of drug and alcohol abuse may be obtained from Kevin Bowman, director, Counseling and Psychological Services, ADM 255, 338-2916.
Information concerning grievance procedures for students who feel aggrieved in their relationships with the university; its policies, practices, and procedures; or its faculty and staff may be obtained from the following persons. Undergraduate students should contact Mario Rivas, associate dean, Undergraduate Studies, in the Advising Center, ADM 216, 338-2841. Graduate students should contact Donna E. Schafer, associate dean, Graduate Division, in the Graduate Division office, ADM 254, 338-2232. Evelyn Hooker, special assistant to the dean of students, is also available in the Dean of Students office, in the Diagnostic Center, 338-6053.
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 San Francisco State University. Such programs and activities include admission of students and employment. The California State University is committed to providing equal opportunities to men and women CSU students in all campus programs, including but not limited to intercollegiate athletics. Inquiries concerning the application of Title IX to programs and activities of San Francisco State University may be referred to the Affirmative Action Office, the campus office assigned the administrative responsibility of reviewing such matters, or to the regional director of the Office of Civil Rights, Region 9, 50 UN Plaza, Room 239, San Francisco, California 94102.
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 prohibit such discrimination. The physical and environmental disability coordinator has been designated to coordinate the efforts of San Francisco State University to comply with these Acts in its implementing regulations. Inquiries concerning compliance may be addressed to the coordinator at San Francisco State University, 1600 Holloway Avenue, ADM 252, 338-6436.
Race, Color, National Origin, Sexual Orientation, or Disability
The California State University complies with the requirements of Title VI of the Civil Rights Act of 1964 and the Americans with Disabilities Act and the regulations adopted thereunder. No person shall, on the grounds of race, color, national origin, sexual orientation, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination, including harassment, under any program of The California State University.
PRIVACY RIGHTS OF STUDENTS IN EDUCATION RECORDS
The federal Family Education Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99) and California Education Code Section 67100 et seq., set out requirements designed to protect the privacy of students concerning their records maintained by the campus. Specifically, the statute and regulations govern access to student records maintained by the campus, and the release of such records. In brief, the law provides that the campus must provide students access to records directly related to the student and an opportunity for a hearing to challenge such records on the grounds that they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under the law does not include any right to challenge the appropriateness of a grade as determined by the instructor. The law generally requires that written consent of the student be received before releasing personally identifiable data about the student from records to other than a specified list of exceptions. The institution has adopted a set of policies and procedures concerning implementation of the statutes and the regulations on the campus. Copies of these policies and procedures may be obtained at the Dean of Students office. Among the types of information included in the campus statement of policies and procedures is: (1) the types of student records and the information contained therein; (2) the official responsible for the maintenance of each type of record; (3) the location of access lists which indicate persons requesting or receiving information from the record; (4) policies for reviewing and expunging records; (5) the access rights of students; (6) the procedures for challenging the content of student records; (7) the cost which will be charged for reproducing copies of records, and (8) the right of the student to file a complaint with the Department of Education. An office and review board have been established by the department to investigate and adjudicate violations and complaints. The office designated for this purpose is: The Family Educational Rights and Privacy Act Office (FERPA), Department of Education, 330 "C" Street, Room 4511, Washington, D.C. 20202.
The campus is authorized under the Act to release 'directory information' concerning students. San Francisco State University policy is more restrictive than the Federal and State Act and limits directory information to the student's name, current enrollment status, class level, major, degrees earned, semesters of enrollment, and extra-curricular achievements. The above designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying information which the student requests not be released. Written requests to withhold any or all directory information should be directed to the Registrar.
A student can request that non-directory information (including address) be released to agencies of the State of California when requested for employment recruitment purposes under the provisions of Assembly Bill 771 (Chacon). Written requests to release non-directory information should be directed to the Registrar. Forms are available for this purpose at the Student Services Center, HSS 127.
The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons are those who have responsibilities in connection with the campus' academic, administrative, or service functions and who have reason for using student records connected with their campus or other related academic responsibilities. Disclosure may also be made to other persons or organizations under certain conditions (e.g., as part of accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; to the National Student Loan Clearinghouse which functions as an agent of the university, to other institutions to which the student is transferring).
In addition to those safeguards provided by the Family Educational Rights and Privacy Act of 1974, the university's policy allows the release of personally identifiable information to others (except to verify student status) only with the student's prior consent or in the case of extreme emergency or where there is clear and imminent danger to the student, to others, or to society.
PROCEDURE FOR THE ESTABLISHMENT OR ABOLISHMENT OF A STUDENT BODY FEE
The law governing The California State University provides that a student body fee may be established by student referendum with the approval of 2/3 of those students voting. The Student Body Fee was established at San Francisco State University by student referendum in August 1971. The same fee can be abolished by a similar 2/3 approval of students voting on a referendum called for by a petition signed by 10% of the regularly enrolled students (Education Code, Section 89300). The level of the fee is set by the Chancellor. An increase in the student body fee may be approved by the Chancellor only following a referendum on the fee increase approved by a majority of students voting. Student body fees support a variety of cultural and recreational programs, child care centers, and special student support programs.
REGISTRATION FOR SELECTIVE SERVICE
The federal Military Selective Service Act (the ("Act") requires most males residing in the United States to present themselves for registration with the Selective Service System within thirty days of their eighteenth birthday. Most males between the ages of 18 and 25 must be registered. Males born after December 31, 1959 may be required to submit a statement of compliance with the act and regulations in order to receive any grant, loan, or work assistance under specified provisions of existing federal law. In California, students subject to the Act who fail to register are also ineligible to receive any need-based student grants funded by the state or a public post-secondary institution.
Selective Service registration forms are available at any U.S. Post Office, and many high schools have a staff member or teacher appointed as a Selective Service Registrar. Applicants for financial aid can also request that information provided on the Free Application for Federal Student Aid (FAFSA) be used to register them with the Selective Service. Information on the Selective Service System is available, and the registration process may be initiated, online at http://www.sss.gov.
REQUIREMENT AND USE OF SOCIAL SECURITY NUMBER
Applicants are required to include their Social Security account number in designated places on applications for admission pursuant to the authority contained in Title 5, California Code of Regulations, Section 41201. The Social Security account number is used as a means of identifying records pertaining to the student as well as identifying the student for purposes of financial aid eligibility and disbursement and the repayment of financial aid and other debts payable to the institution.
SAFETY AND SECURITY ON CAMPUS
Recent studies indicate that people are concerned about safety on university campuses. San Francisco State University understands that concern and accepts its responsibility to employ security measures to ensure that our students enjoy their years at San Francisco State as free as possible from threats to their safety or well-being.
San Francisco State University is a community of more than 25,800 students located in the city and county of San Francisco. In addition to the main campus, SFSU maintains a downtown teaching center and remote research facilities located in Tiburon and Sattley, California.
San Francisco State recognizes crime as a national problem that will to some degree effect each of our campus host communities. The SFSU police department maintains a working and reporting relationship with law enforcement agencies in these reporting areas. Although the university has been fortunate in not experiencing the number of rapes, assaults, burglaries, and acts of criminal trespass suffered by the surrounding community, it would not be honest to state that such incidents have not taken place. To minimize the number of such incidents, a competent residence life staff, a professionally-trained university police force, students, and members of the wider campus community participate in a number of shared responsibilities to insure that the students and their possessions are protected as much as possible.
Remote SFSU Campuses
The Downtown Center
The Downtown Center is located at 425 Market Street, San Francisco. The center itself occupies the second and third floor of a 32-story office building. The center has 16 classrooms and four computer laboratories. The 425 Market Street complex has a parking garage which is available to students for a daily fee. The Downtown Center serves over 3,500 students, with 40 full-time staff members and 300 part-time faculty. The center is patrolled 24 hours a day by a private security firm, who is contracted by the 425 Market Street complex. The San Francisco State University Police Department shares jurisdiction with the San Francisco Police Department for incidents requiring criminal investigation. All emergencies and crimes in progress should be reported to the San Francisco Police Department at 911 or (415) 553-1023. The San Francisco State University Police shall be notified at (415) 338-7200 as soon as possible for any crimes reported to San Francisco Police Department.
Crime Statistics: There was one report of grand theft from the Downtown Center in 1997.
Romberg Tiburon Centers
The Romberg Tiburon Centers are located on an 11-acre facility in unincorporated Tiburon in Marin County, on the eastern side of the Tiburon peninsula. There are numerous buildings on the facility, but only five are affiliated with SFSU. The remainder of the facility is occupied by the National Oceanographic and Atmospheric Administration, the California Academy of Science and some private firms. The centers are located in an isolated rural area, accessed by Paradise Drive, which runs from the City of Tiburon to the Town of Corte Madera. The Romberg Tiburon Centers offer instruction in Environmental Studies as well as on-going environmental research. The centers employ 30 full-time staff and offer day classes to 30 students per semester. Classes are also offered to both students and the public during the summer.
San Francisco State University Police Department shares jurisdiction with the Marin County Sheriff's Department for incidents requiring criminal investigation. All emergencies and crimes in progress should be reported to the Marin County Sheriff's Department at 911 or (415) 479-2311. The San Francisco State University Police shall be notified at (415) 338-7200 as soon as possible for any crimes reported to the Marin County Sheriff's Department.
Crime Statistics: There was one report of grand theft of an unattended boat motor from a storage facility in 1997.
Sierra Nevada Field Campus
The Sierra Nevada Field Campus is located in the Tahoe National Forest, Star Route, Sattley, CA. The Sierra Nevada Campus is located in a remote wooded area, offering short courses and field study during the summer semester. The campus is staffed on a part-time basis, and serves 30 students per week during the summer. There are four full-time staff members on site when the facility is in use. The facility is shared with classes from U.C., Santa Barbara and California State University, Hayward.
The San Francisco State University Police Department shares jurisdiction with the Sierra County Sheriff's Department for incidents requiring criminal investigation. All emergencies and crimes in progress should be reported to the Sierra County Sheriff's Department at 911 or (530) 289-3700. The San Francisco State University Police shall be notified at (415) 338-7200 as soon as possible for any crimes reported to the Sierra County Sheriff's Department.
Crime Statistics: Since 1984, there has been one reported incident of trespassing and minor vandalism at the facility while it was unattended. This incident occurred in 1994.
Security Policies and Procedures
Students, faculty, and employees at San Francisco State University have access to academic, recreational, and administrative facilities on campus. The general public can attend cultural and recreational events on campus, with their access limited only to the facilities in which those events are held. Anyone working late or on weekends should notify the university Police Department, especially if the buildings are closed. Access to university housing facilities is limited to residents, escorted guests, and university staff. Entry is monitored on a 24-hour basis through a combination of cardkey security systems, door prop alarms, and on-duty Residence Life personnel.
Department of Public Safety
Campus safety and security is coordinated by the university Police Department located in Parking Lot 8 near the university Guest Center. The department has a force of 27 sworn officers with full arrest powers. These men and women are graduates of the California Peace Officers Standards and Training Academy and undergo continuing training to upgrade their skills. All have been trained in first aid and CPR and are authorized to enforce all regulations on the university campus and an immediate one mile radius except when in pursuit of a suspect or traffice violator, or when investigating campus related crimes. In such instances, police powers extend statewide. The university police are armed with firearms. They conduct foot and vehicular patrols on campus and in the residence halls 24 hours a day. The university police also work very closely with the San Francisco Police Department and other law enforcement agencies to assist them with incidents involving campus community members that may occur off campus.
University police enforce laws regulating underage drinking, the use of controlled substances, and weapons. Alcoholic beverages are permitted within strict guidelines in campus housing and other designated university facilities. Illegal drugs are strictly prohibited, and violators are subject to university discipline, criminal prosecution, and removal from university housing. Firearms and other dangerous weapons of any kind are not permitted in the residence halls, apartments, or on campus. Intentional use, possession, or sale of firearms or other dangerous weapons is strictly forbidden on campus.
Potential criminal actions and other emergencies on campus can be reported directly by students, faculty members, or employees to the university police by dialing 9-1-1 or campus extension 2222. Upon receipt of the call, the university police are dispatched immediately to the site of the complaint and have the authority to make arrests if necessary.
As part of the programs sponsored by Student Services, by Housing and Residential Services, and by other university organizations, the university police hold sessions each semester on topics including personal safety awareness and security, rape and sexual assault prevention, and the prevention of burglary and vandalism. Workshops, group presentations, and written materials are provided to on-campus housing residents each semester, focusing on community responsibilities and needs within the student living environment. Information on safety and security is provided to students and employees regularly through seminars, films, bulletins, crime alerts, posters, brochures, and university student newspapers.
The Facilities Operations Department maintains the university buildings and grounds with a concern for safety and security. Campus facilities are inspected regularly and repairs affecting safety and security, such as broken windows, locks, and trimming shrubbery are made promptly.
Lighting improvements are constantly being evaluated. Improvements include the placement of high intensity sodium vapor lights in buildings, in parking lot areas, in areas with heavy landscaping and trees, and along pathways frequently traveled by students. Complimentary campus telephone service is provided in every residence hall student room. Outdoor courtesy telephones are located at the entrances of all university housing facilities and at many locations throughout the campus. Additional emergency telephones are provided at numerous locations, and are connected directly to the university Police Department.
Safety and Security in the Residential Community
San Francisco State University offers two traditional residence halls, one high-rise apartment building, and an overnight Guest Center that provide on-campus housing for approximately 1,500 students and guests. Security safeguards include restricted access and alarm systems, procedures, and crime prevention techniques such as guest registration, "Community Watch Program," orientation workshops, individual floor meetings, community-wide presentations, and educational programs.
All residence life staff members undergo comprehensive training each semester for both prevention and response regarding safety and security issues. As part of their responsibility for campus security, both student and professional staff participate in lectures and seminars associated with topics such as substance abuse, prevention of sexual assault, and community security. Professional residence directors and student resident assistants, who are all members of the university Housing and Residential Services staff, live on campus and provide 24-hour staff coverage. Entrances to all campus housing facilities are staffed and locked or monitored on a 24-hour basis. Student staff members provide evening rounds and enforce guest registration and escorts after 8:00 p.m.
Student room doors should be locked at all times even when occupied. Residents with automobiles may park them in the parking garage (Lot 20) after purchasing a semester permit. Most importantly, residents are reminded to observe building security procedures and to notify residence life staff or the university Police Department of any unfamiliar faces or unusual incidents within either the residence halls or apartments.
The university does not operate or provide supervision for off-campus housing (private homes, etc.).
Students may be expelled, suspended, or placed on probation for committing violent/criminal acts on campus or at campus-related events. In compliance with federal and state laws and regulations, victims of violent crimes, including sexual assault, are to be informed whenever information regarding disciplinary action taken by the university is included in a student file. Within three days victims are to be informed of the results of the disciplinary action and any appeal. The alleged victim is required to keep the results of the disciplinary action and appeal confidential. For further information, contact the student discipline officer in the Dean of Students Office, 338-2032.
Sexual Assault Response Team (SART)
San Francisco State University offers the services of the Sexual Assault Response Team. The team consists of experienced campus professionals in various disciplines who have also received sexual assault response training and coordinate their expertise to assist victims in an attempt to prevent violent crimes on campus.
Sexual Assault Investigation Team (SAIT)
The University Police Department responds to all reports of sexual assault. Officers conduct investigations, interview victims and suspects, collect evidence, testify in court, and refer victims to the appropriate services. All SAIT members have special training in sexual assault investigations.
The S.A.F.E. Place
The S.A.F.E. Place (Sexual Abuse Free Environment) is a resource for information, crisis counseling, and referral for sexual assault and sexual harassment. The center provides sexual harassment and abuse prevention presentations for classes, campus organizations, athletic teams, fraternities and sororities, residence halls, and new students. The S.A.F.E. Place also provides self defense training as well as advocacy for those pursuing campus disciplinary options. The S.A.F.E. Place is available to all members of the campus community and is located in the Ecumenical House.
Counseling and Psychological Services Center
Counseling services are available to students, staff, and faculty at no cost. The staff are professionally trained and licensed counselors, psychologists, and clinical social workers. Counselors are also available for consultations regarding distressed or potentially violent students/employees and can be reached at 338-2208.
The university police provides an escort service called C.A.R.E. (Campus Alliance For a Risk-Free Environment) every evening, coordinates campus bicycle registration, and offers engraving instruments to identify personal property. The C.A.R.E. program is a student security program which supplements the police force. Call x7200 for an escort.
``Hate violence'' as defined in the stature ``means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, disability, or political/religious beliefs of that person or group.'' Incidents of hate violence can be reported to the University Police, Counseling and Psychological Services, Student Discipline Officer, and The S.A.F.E. Place. The university does not condone hate violence and is charged with ensuring that the rights guaranteed by state law and the U.S. Constitution are protected for all people regardless of their ethnicity, race, national origin, religion, sex, sexual orientation, disability, or political/religious beliefs.
Crime Statistics and Crime Rates
Student Right to Know Report
The following statistics are provided in accordance with the Crime Awareness and Campus Security Act.
Crimes 1994 1995 1996 1997
Homicide 1 0 0 0
Rape 3 0 1 2
Forcible Sodomy 0 0 0 0
Rape w/Object 1 0 0 0
Forcible Fondling 1 1 1 0
Incest 0 0 0 0
Statutory Rape 1 0 0 0
Robbery 4 7 6 3
Aggravated Assault 3 2 3 0
Burglary 27 18 36 33
Vehicle Theft 50 40 44 45
Arrests 1994 1995 1996 1997
Liquor Laws 0 9 17 31
(DUI & Drunkenness)
Drug Abuse 12 2 8 15
Weapons Possession 6 1 1 2
Violence in the Workplace and On-Campus
San Francisco State University has established a team of individuals to respond and provide training to prevent or recognize early warning signs of potential violence. The team consists of members from University Police, Counseling and Psychological Services, Human Resources, and the Dean of Students Office. Individual consultations, counseling, presentations, and workshops are offered on a consistent basis. Requests can be made by calling x2747, x2032, x1872, and x6100.
Established university faculty, staff, and students, and Department of Public Safety procedures will serve as the mechanisms for resolving situations of violence or threats of violence. Each allegation of violence will be taken seriously. Individuals are encouraged to report acts of violence, threats of violence, or any other behavior which by intent, act, or outcome harms another person.
SEXUAL ASSAULT POLICY
San Francisco State University as an institution, recognizes that sexual assault is a serious issue. The university will not tolerate acts of sexual assault. All reported instances of sexual assault will be investigated and appropriate disciplinary, criminal, and/or legal action will be taken, with consent of the victim. Appropriate support services will be made available to students, faculty, or staff who are victims of sexual assault.
The university strongly encourages all members of the campus community to provide a written or verbal report to the university police regarding any incident of sexual assault. The information will be held in strict confidence and action will not be taken by the university without the victim's prior knowledge and permission.
Any violation of the California Code of Regulations, Title 5, Section 41301 by a student or a recognized student organization, and any violation of faculty or other employee codes of conduct concerning sexual assault will be investigated for possible disciplinary and/or legal action.
Procedures to be followed in handling complaints and disciplinary actions that may be taken against individuals or organizations are attached to this policy.
For the purposes of this document, the term sexual assault will include the following definitions found in California Penal Code Sections 243.4 and 261, and Assembly Concurrent Resolution No.46 (passed 9-14-87):
- Sexual assault is any involuntary sexual act in which a person is threatened, coerced, or forced to comply against his/her will;
- Rape is forced sexual intercourse that is perpetrated against the will of a person or when the person is unable to give consent (i.e., unconscious, asleep, or under the influence of alcohol or drugs) and may involve physical violence, coercion, or the threat of harm to the individual;
- Acquaintance rape involves rape by a non-stranger which could include a friend, acquaintance, family member, neighbor, or co-worker;
- Date rape involves rape by someone the victim has been or is dating;
- Gang rape is a rape by more than one person;
- Sexual battery is any unwanted touching of intimate body parts.
Policy Implementation (Procedures)
This policy is to be implemented in accordance with provisions of AB 3098 and other relevant regulations. This policy applies to sexual assault that occurs on or near campus or at an event sponsored by the university or in university related facilities.
Legally mandated procedures for gathering data, record keeping, providing information, reporting, and investigating incidents of sexual assault will become part of this policy. Information about how to report incidents and the options available to victims of sexual assault will be disseminated on campus.
Victims of sexual assault are encouraged to report the incident to any of the following:
- University Police
The S.A.F.E. Place
Student Health Services
Counseling and Psychological Services
Housing and Residential Services
Sexual Harassment Officer(s)
Sexual Harassment Advisers
Other Administrators or Employees
Responsibilities and Services
University Police, Student Health Services, Housing and Residential Services, Counseling and Psychological Services, Campus Assistance Program, and The S.A.F.E. Place will cooperate to provide effective protection of health and safety for the victim, assure strict confidentiality, investigate the incident, initiate sanctions if appropriate and maintain records.
The law (AB3098) requires "procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings, the result of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact."
Case Managers at San Francisco State University are:
Victims of sexual assault who wish to be provided with case management services will be immediately referred to the appropriate person who will provide the mandated services, support, and referrals as needed.
- The Sexual Harassment Officer from Student Affairs for students
- The Sexual Harassment Officer from Academic Affairs for faculty
- The Sexual Harassment Officer from Administrative Affairs for staff.
If a victim reports a sexual assault to university police, a crime report will be taken. If the victim wishes to participate in the prosecution process, there will be a criminal investigation. If the victim declines prosecution, no investigation will take place. The Chief of Police will notify the Coordinator of The S.A.F.E. Place that a sexual assault has been reported. The Coordinator of The S.A.F.E. Place will notify the Director of Counseling and Psychological Services or designee. The Director of Housing and Residential Services will be notified by the Chief of Police if the assault occurred in the residential community. The Chief of Police will notify the President, Dean of Students or designee, and the Director of Public Affairs of any reported sexual assault. The appropriate case manager will also be notified.
University police will refer victims as appropriate to the San Francisco Rape Treatment Center, Student Health Services, Counseling and Psychological Services Center, Campus Assistance Program, and The S.A.F.E. Place.
Victims may be transported to the San Francisco Rape Treatment Center by university police officers. A female officer may be requested to come to the scene when appropriate, and/or plainclothes officer and unmarked car for transport may be requested by the victim.
University police will provide information about the county victim/witness program and will inform victims of progress in criminal prosecution. University police will provide timely notification of a rape on campus to the campus community.
University police will work closely with the San Francisco District Attorney's Office to prosecute sexual assault cases.
Housing and Residential Services
Incidents of sexual assault or rape occurring in or involving members of the campus residential community must be reported immediately to the university police and the residence director on duty. Written incident reports are required, and the Associate Director of Residence Life, Coordinator of Residence Life, and Director of Housing must be contacted immediately. The Director of Housing will notify the Dean of Students or designee, the Comptroller, the Director of Public Affairs, and the appropriate case manager that an assault has occurred.
Employees of Housing and Residential Services have a legal duty to provide a safe environment and warn persons using their premises of known dangerous conditions. Therefore, all sexual assaults are reported to the university police. The manager of Resident Services will initiate referrals to the case manager, Counseling and Psychological Services, Student Health Services, The S.A.F.E. Place, and the Dean of Students Office, as appropriate, to provide comprehensive, legal, counseling, medical, and administrative services.
If the perpetrator is known to the victim and is an on-campus resident, a Residence Community Administrative Hearing will be scheduled immediately with each party to obtain all facts relevant to the incident. At the discretion of the Director of Housing and Residential Services, the victim and the accused may be provided alternative housing assignments. Pending the outcome of the Residence Community Hearing, the perpetrator's Student Housing License Agreement may be terminated pursuant to Sections 1.02 and 1.10 of the Student Housing License Agreement Facility Regulation and Title 5 of the California Code of Regulations (Student Code of Conduct), Section 41301.
Student Health Service
In compliance with California Penal Code 11160-11161, if a person seeks medical treatment for a sexual assault from Student Health Service, the university police must be notified by the Director, Student Health Service. Employees are required to notify the Director, Student Health Service, or a clinical team leader of any case of sexual assault. Health professionals who have treated a victim will prepare an OCJP #923 Medical Report and forward it to the Chief of University Police.
Students may receive immediate medical treatment, but will be referred to the San Francisco Rape Treatment Center which is the only designated site for the collection of forensic specimens. These specimens strengthen the student's case for prosecution of the rape. Students who do not wish to use the San Francisco Rape Treatment Center services will be offered testing and treatment for sexually transmitted disease and/or pregnancy at the Student Health Service. Students will also be referred to Counseling and Psychological Services and The S.A.F.E. Place as well as to the appropriate case manager.
Counseling and Psychological Services Center
Students who are victims of sexual assault will be encouraged to contact Counseling and Psychological Services. If the student indicates that s/he has been sexually assaulted, an immediate appointment will be arranged with a staff counselor who is sensitive to these issues and knowledgeable about psychological, medical, and legal issues. Counseling and support will be provided. Referrals to the San Francisco Rape Treatment Center, Student Health Service, University Police, The S.A.F.E. Place, and the appropriate case manager may be made as appropriate.
Dean of Students: Discipline Officer
Consistent with the requirements of ACR 46, victims of sexual assault must have the following rights: equal rights with the accused in determining if a disciplinary hearing shall be open or closed; the right to have a person of the victim's choice accompany the victim throughout the disciplinary hearing; the right to be present during the entire hearing; the right not to have past sexual history introduced as part of the testimony except for specific purposes described in law; and the right to prompt relocation of one of the parties. Procedures described below will be carried out in a manner consistent with the law.
The university Discipline Officer is responsible for investigating instances of sexual assault when the alleged perpetrator is a student. The officer will keep the victim informed of the status of the disciplinary process and maintain contact with the case manager responsible for coordinating services to the victim. As appropriate, the university Discipline Officer will work with the Chief of Police when criminal proceedings are involved.
Campus Assistance Program
The Campus Assistance Program will provide professional counseling, emotional support, and referral information to any San Francisco State University employee who is the victim of sexual assault. All information regarding an employee's participation in CAP is confidential and will not be released without the employee's written consent. CAP staff will provide information about campus and community resources who provide medical, legal, and other assistance as needed.
Personnel Services will provide information about health benefits and workers compensation to faculty and staff.
The S.A.F.E. Place (Sexual Abuse Free Environment)
The Coordinator of The S.A.F.E. Place will notify the Director of Counseling and Psychological Services or designee when notified by university police of a rape occurring on campus. In the coordinator's absence, university police will notify the Director of Counseling and Psychological Services or designee.
The S.A.F.E. Place will provide information about sexual assault and rape prevention. S.A.F.E. is an informal and comfortable setting for students who seek crisis intervention. The S.A.F.E. Place also assists staff, faculty, and administrators who are working with students in crisis because of sexual violence, or who request such assistance themselves.
Release of Information
All incidents reported to the university police are public information. The victim shall be informed that his or her name and address will become a matter of public record unless he or she requests that it not become a matter of public record. This information will then not be released to the public by university police, but will be released to the prosecutor. The report of the incident will not be released to the public if the disclosure would endanger the successful completion of the investigation or a related investigation.
Victims will be informed of the need to identify the assailant if a student disciplinary and criminal hearing is to take place. Alleged assailants will also be made aware that victims will be informed of the outcome of student disciplinary actions.
Statistical reports will be collected and published annually in accordance with Federal Law.
Counseling and Psychological Services
In order to maintain confidentiality, no information will be forwarded from the Counseling Center unless the victim signs a release of information requesting that the center does so. The Director of Counseling and Psychological Services will maintain a confidential Record of Sexual Assaults that will be provided by counselors who work with the victims. This record will include the approximate date of the assault, and whether the assault took place off- or on-campus.
Monthly, the Director of Counseling and Psychological Services or designee will compare the data reported to the center counselors with dates of assaults reported to university police. The director will compare the dates and inform the Chief of Police of the number of incidents that were unreported to the university police and how many of these were on campus. In this way, reports of incidents will not be duplicated, while the confidentiality of the individual victim is maintained.
At the end of each semester, the Director of Counseling and Psychological Services will also provide information about the type of assault; i.e., stranger, acquaintance, individual, or gang assault to university police.
Representatives from the press who request sexual assault information shall be referred to the Director of Public Affairs who will determine the appropriate methods for dissemination of the facts. Concerned students and parents or guardians should be referred to the Chief of University Police, the Dean of Students, or to the Director of Housing (if the assault occurred in the Residence Halls.)
Information About On-Campus and Off-Campus Resources
A description of on-campus and off-campus resources available to victims will be provided in a brochure to the campus community.
Victim Incident Report Form
Victims of recent sexual assault covered by this policy will be asked to sign a form indicating that they have been informed of their options.
Sexual Assault Prevention Programs
The staffs of The S.A.F.E. Place, Counseling and Psychological Services, University Police, Housing and Residential Services, and Student Health Services will provide ongoing sexual assault education and prevention programs to:
Student(s) or Student Organization(s)
Pursuant to the Student Right to Know Act (Public Law 101-542) Higher Education Amendments of 1992, colleges and universities are required to publish annual campus security reports. Statistics on forcible and "nonforcible" sex offenses occurring on campus for the period prior to 1 August of each year are to be reported. Housing and Residential Services, The S.A.F.E. Place, Counseling and Psychological Services, and Student Health Service shall provide annual statistics to the Director of Public Safety prior to 1 September of every year for publication in the Annual Report.
SEXUAL HARASSMENT POLICY AND PROCEDURES
University Executive Order #95-18
(Supersedes University Executive
This policy provides a definition of sexual harassment. It specifies pre-disciplinary, pre-grievance procedures for reporting and resolving complaints of sexual harassment and recommends that an education program be initiated. Formal disciplinary and grievance procedures are already defined by existing policies, executive orders, codes, and collective bargaining contracts pertinent to university employees and students. (NOTE: If the physical safety of any university individual is in question, the President will act immediately, within the authority of Title 5, Section 41301, the Education Code Sec. 22505 or the Penal Code Sec. 626.4 to protect the threatened party. Formal proceedings may be initiated immediately by the President in consultation with the Sexual Harassment Officer(s), and the appropriate grievance/disciplinary action officer.)
This Sexual Harassment Policy and Procedures applies to complaints of sexual harassment filed against a faculty member, administrator, staff person, or student. Information regarding where and how to file complaints is available from any Sexual Harassment Adviser or Officer.
No individual shall be subject to reprisal for using this policy, nor shall its use preclude subsequent disciplinary or grievance measures. All units of the campus community are expected to comply with this policy.
Except as needed in processing the complaint, both the Sexual Harassment Advisers and Sexual Harassment Officers are required to maintain confidentiality in dealing with sexual harassment complaints.
DEFINITION OF SEXUAL HARASSMENT
Sexual Harassment is one person's distortion of a university relationship by unwelcome conduct which emphasizes another person's sexuality. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are forms of sexual harassment when:
- a. submission to such conduct is made an explicit or implicit condition of instruction, employment, or participation in any university activity; or
- b. submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting the individual; or
- c. such conduct has the purpose or effect of hindering performance by creating or allowing sexually intimidating, hostile, or offensive behavior to occur in the university or in a university-related setting.
Sexual harassment is unethical and unprofessional conduct, illegal, and against San Francisco State University policy. It may occur in written, spoken, physical, and visual forms. The university will act to eliminate sexual harassment within its jurisdiction.
The university will evaluate each incident of alleged sexual harassment and apply appropriate remedies.
The university can dismiss employees or expel students for sexual harassment.
The university recognizes that any member of the campus community might be called upon to listen to a complaint of alleged sexual harassment. The listener should be objective and attentive, while discouraging use of names. No records should be kept, nor should promises for specific action or final decisions be made. The listener should refer the complainant to a Sexual Harassment Adviser or to a university Sexual Harassment Officer. Complainants may go to the Sexual Harassment Officer without first consulting a Sexual Harassment Adviser and may request an investigation at any time.
SEXUAL HARASSMENT ADVISERS (SHA)
All SHA's are volunteers. The Sexual Harassment Officers shall arrange for a course for training of advisers. People who have successfully completed the course may serve as SHA's. Advisers will be available to serve as sources of initial information to any individual who has a complaint or who needs information about sexual harassment.
The names of the advisers shall be published at the beginning of each semester and are available in the following offices: Dean of Students, Director of Affirmative Action, and the Office of Graduate Division. Advisers will have information about applicable laws, university policies and procedures, and options available for resolution of complaints. The Advisers shall:
- 1. Serve as resource persons to individuals with complaints or inquiries which may involve sexual harassment;
- 2. Advise the complainant regarding applicable university policies and procedures and outline various informal and formal options.
- 3. Inform the appropriate sexual harassment officer if a complaint is received which is deemed sufficiently serious to warrant further action.
Discussion between complainants and Sexual Harassment Advisers can occur without a written complaint and without identification of the person bringing the complaint and shall not imply guilt or innocence. No written record of specific complaints or actions taken to this point in the procedures shall be kept.
However, a simple tally of the number and type of complaints shall be kept and reported to the appropriate Sexual Harassment Officer at the end of each semester.
If further action is requested by the complainant, the SHA shall refer the complainant to a Sexual Harassment Officer (SHO) and explain the responsibilities and duties of those officers. In addition, SHA's have an obligation to notify SHO's when it appears the university should act, even if the complainant has not requested further action. The SHA is not authorized to notify either the accused or any supervisor of the accused.
SEXUAL HARASSMENT OFFICERS (SHO)
Sexual Harassment Officers are presidential designees and in that capacity are accountable directly to the President. The SHO's shall be the Dean of Students, Director of Affirmative Action, and the Associate Dean of Graduate Division. SHO's are empowered to hear and evaluate each complaint of alleged sexual harassment and to attempt resolution. SHO's shall observe basic standards of due process and confidentiality in all actions.
The Sexual Harassment Officers shall pursue complaints promptly through the stages outlined below.
Any discussion, investigation, or action taken under these procedures shall not conflict with student grievance procedures, regulations governing student affairs, collective bargaining contracts, and Executive Order 419.
PRE-FORMAL RESOLUTION OF COMPLAINTS
The complainant may choose to enter into a pre-formal discussion or to request that the SHO conduct an investigation immediately (see Pre-formal Investigation and Reporting below).
Pre-formal discussion or resolution does not require a written complaint. Any SHO will hear complaints, determine the remedy sought, and review options for resolution. The review shall include a discussion of applicable university policies and procedures as well as external options for resolution. The SHO(s) shall aid the complainant in identifying ways in which further harassment might be prevented. university policy requires that the SHO keep written records of all complaints. Such records need not identify complainant or alleged harasser by name nor shall they be part of any individual's official file at this stage of the procedure.
At the request of the complainant, the SHO(s) may attempt to resolve the situation by taking some or all of the following steps:
- a. Informing the alleged harasser directly or through an appropriate administrator or supervisor that a problem has been raised concerning that person's conduct.
- b. Informing the alleged harasser of university policy regarding sexual harassment.
- c. Assisting the alleged harasser in identifying behaviors which might lead to complaints and ways in which that behavior might be changed to avoid further complaints.
- d. Recommending that an oral or written warning or reprimand be issued to the alleged harasser.
Pre-formal Investigation and Reporting
At the request of the complainant and upon receipt of a written and signed complaint, the appropriate SHO shall initiate an investigation. If the SHO determines that circumstances so warrant, the SHO shall initiate an investigation with or without the consent of the complainant. The SHO shall notify the President, all the appropriate grievance/disciplinary officers for faculty or staff or students and the alleged harasser that an investigation is underway, and give the names of the parties involved.
The appropriate SHO shall conduct a prompt, full, and impartial investigation. The complainant shall have an opportunity to present evidence and a list of relevant and material witnesses.
A complaint for sexual harassment shall be filed within 180 days (six months) from the conduct giving rise to the complaint. The investigation shall generally be completed within 120 days (four months) of the receipt of the complaint. The time period for investigation may be extended by mutual consent of the parties or for good cause, including the complexity of the issues under investigation and the unavailability of relevant witnesses due to semester recess. Both the complainant and the accused will be informed of any extension of the investigation.
At the conclusion of the investigation, the appropriate SHO shall submit a written report to the President. The report shall include a description of the facts, the remedy sought by the complainant, and recommendations for further action if deemed necessary by the SHO. These recommendations shall be based upon the strength of evidence against the accused, the seriousness of action(s) that led to the complaint, and the remedy sought by the complainant. If formal disciplinary action is initiated, copies of the report shall be sent to the appropriate grievance/disciplinary action officer for faculty or staff or students.
If harassment is found, the university will implement such action as is necessary to correct the situation and to prevent it from recurring.
The complainant and the accused will receive written notice of the university's proposed determination regarding whether or not harassment occurred, and of the disposition of the complaint. The complainant or the accused may request reconsideration of the university's proposed determination by submitting additional relevant evidence, identifying errors of fact or of standards applied in the investigation or determination, or showing that further investigation is necessary.
A request for reconsideration of the university's proposed determination must be made to the President in writing within 10 calendar days of receipt of the Notice of Proposed Determination. The request for reconsideration must clearly specify the basis for making the request. Within 5 calendar days of receiving a request for reconsideration from either the complainant or the accused, the university will provide written notice to the other party that such a request has been made.
In processing a request for reconsideration, the university will review the information submitted, consider additional relevant evidence, correct errors of fact or of standards applied in the investigation or determination, and/or conduct further investigation if pertinent to the final determination.
If a request for reconsideration has been made, the complainant and the accused shall receive written notice of the university's final determination within 15 calendar days of the request. If there is no request for reconsideration, the complainant and the accused shall receive written notice that the university's proposed determination has become final within 15 calendar days of the Notice of Proposed Determination.
FORMAL GRIEVANCE AND DISCIPLINARY PROCEDURES
Formal complaint, reprimand, grievance, or disciplinary procedures are governed by the policies, codes, executive orders, or contracts applicable to the bargaining unit or employment category to which the alleged harasser belongs.
Should it become necessary to invoke formal reprimand or disciplinary procedures, sexual harassment will be viewed as unprofessional conduct.
Formal disciplinary procedures will be pursued by the appropriate grievance/disciplinary action officer.
Students or applicants for admission who display inappropriate conduct, including cheating and plagiarism, may be subject to disciplinary action as provided in Title 5, California Code of Regulations. Any student may be expelled, suspended, placed on probation, or given a lesser sanction for discipline problems. The Student Discipline Officer, housed in the Dean of Students Office, is responsible for administering the Student Disciplinary Procedures for the California State University and should be contacted for further information.
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:
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.
- 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 a 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 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 the 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, sling shot, 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.
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 ten (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.
STUDENT GRIEVANCE PROCEDURES
1.1GENERAL PROVISIONS. These procedures are to be used for the processing of student complaints about actions (with the exception of grade appeals and admission decisions) taken on behalf of San Francisco State University.
A grievance must be filed within six months of the date the wrong occurred, regardless of the date of discovery. Formal procedures shall normally be initiated no later than five weeks before the first day of finals in the semester to allow sufficient time for a possible hearing. Compliance with this limitation on filing shall be determined by the coordinator of student grievance, and that determination shall be final. Grievances not meeting this time limit, complaints and grievances previously resolved by informal means, and grievances arising out of previous grievances shall not be processed under these procedures.
A student may not utilize these procedures if a remedy is being sought by any other means for all or any part of the matter grieved.
1.2.1. "Attorney" means a person admitted to the practice of law before any state or federal court.
1.2.2. "Grievance" means a written complaint by a student arising from an action taken on behalf of San Francisco State University by one or more members of the faculty, administration, or staff which allegedly affects the student adversely and which allegedly is either unreasonable or violates a university regulation or policy.
1.2.3. "Grievant" means a student presently enrolled at San Francisco State University or one who has been enrolled there within the preceding six months who has filed a grievance.
1.2.4. "Instructional day(s)" means any day(s) on which regularly scheduled classes or examinations are held at San Francisco State University.
1.2.5. "President" means the president of San Francisco State University or any person designated by the President.
1.2.6. "Respondent" means the university administrator, faculty, or staff member (or designee as determined by the coordinator) most directly responsible for the alleged official action(s) which caused the complaint.
1.2.7. "Shall" is mandatory and "may" is permissive.
1.3 INFORMAL PROCEDURES
1.3.1. Before a student may invoke the formal grievance procedures specified in Section 1.4, the following requirements must be satisfied:
- a. The student shall meet first with the grievance coordinator and then with the San Francisco State University administrator, faculty, or staff member whom the student feels is most directly responsible for the official action(s) which caused the complaint and attempt to settle the matter informally. If, in the opinion of the grievance coordinator, the person chosen by the student is not the person most directly responsible for the official action(s) which caused the complaint, or is not available, in the interest of reaching an informal settlement the coordinator may require that the student additionally meet with the San Francisco State University representative whom the coordinator feels is most directly responsible. The coordinator has the authority to deviate from the following procedures if circumstances dictate.
- b. If, after satisfying Section a. (above), the matter remains unsettled to the satisfaction of the student, the student shall meet with the appropriate unit head and attempt to settle the matter informally.
- c. If, after satisfying Sections a. and b. (above), the matter remains unsettled to the satisfaction of the student, the student shall discuss the matter with the appropriate supervising administrator. The appropriate person for these purposes shall be determined by the coordinator.
- d. If the supervising administrator is unable to informally settle the matter to the satisfaction of the student, the student may then invoke the formal grievance procedures in Section 1.4 (below).
1.4 FORMAL PROCEDURES
1.4.1. At any point in the proceedings, the grievant may move to withdraw the grievance or accept an informal solution.
1.4.2. Initial Steps
1.4.3. Selection of the Grievance Hearing Committee
- a. To invoke grievance procedures, the grievant shall first consult with the coordinator concerning all aspects of pursuing a grievance, including these procedures. To initiate a grievance, the grievant shall deliver the required written complaint to the coordinator who shall transmit sealed copies to the respondent and the respondent's immediate supervisor. This grievance shall specify the following:
- 1. That it is a grievance;
- 2. The name and current address and telephone number of the grievant;
- 3. The name and position of the campus office or employee whom the grievant feels is most directly involved or responsible for the alleged actions which prompted the grievance;
- 4. The wrong alleged, the action from which the alleged wrong arises, and the dates of the occurrence, and discovery by the grievant, of that action;
- 5. The remedy sought; i.e., what the grievant hopes to attain as the result of the grievance.
- b. The coordinator shall inform grievant and respondent of their rights under these procedures and shall initiate the steps necessary for selection of the Grievance Hearing Committee (committee). The coordinator will also notify all other concerned parties that a grievance has been instituted. The selection of the committee shall normally occur within ten instructional days after the coordinator has determined that all informal means for resolving the complaint have been exhausted. The coordinator shall be available to both the grievant and the respondent for instruction in or interpretation of these procedures. Interpretations of specific provisions of the grievance procedures by the coordinator shall be final for all purposes.
- c. The respondent shall provide the grievant with a written answer to the grievance, with a copy to the coordinator within five instructional days of receipt of the grievance by the respondent.
- d. The respondent and the grievant shall notify the coordinator in writing prior to the drawing for the hearing committee if an open hearing is desired.
- e. The grievant and the respondent may each name a representative from the campus to accompany them in the grievance hearing, except that those who are involved in the informal attempts to resolve the grievance may not serve as a representative. The name of the representative must be given to the coordinator prior to the grievance hearing. Normally, attorneys may not appear in the proceedings. However, if either the grievant or the respondent is an attorney, the other party may be represented by an attorney.
1.4.4. Grievance Hearing Procedures
- a. The coordinator shall notify the grievant and the respondent in advance of the date, time and place of the selection of the committee. Both parties may be present at this meeting with or without a representative. At the selection, only the opposing parties and their representatives, if any, and the coordinator shall be present.
- b. The committee shall consist of three members; one student, one faculty member and one professional staff member. Those who have first-hand information on, or direct involvement with, the subject of the grievance shall be ineligible to serve on the committee. Determinations of eligibility for the committee shall be made by the coordinator and shall be final for all purposes.
- c. The coordinator shall draw three names from the student list. This list will be composed of an annual panel of 40 students willing to serve, selected by the coordinator from 100 students drawn at random from the entire student body.
- d. The coordinator shall draw three names from lists composed of faculty, staff and students according to the selection procedures for their respective grievance panels.
- e. At the drawing, the coordinator shall provide an opportunity for both the grievant and the respondent to excuse without cause one person from each group (students, faculty, staff). If more than one name in any group is left, the coordinator will select one name from each group.
- f. Similarly, an opportunity shall be provided to both the grievant and the respondent to request that any of the persons drawn be excused for cause. The coordinator shall grant or deny such requests, and these decisions shall be final for all purposes. Those excused shall be replaced by the same method as the original selections.
- g. Faculty, staff, or students unable to serve shall be replaced by the same method as the original selections.
- h. Hearing shall be closed unless both parties request an open hearing. Whether the hearing will be open will be announced by the coordinator at the drawing for the hearing committee.
- a. Formal grievance hearings shall be held only during the fall and spring semesters unless both the grievant and the respondent, as well as the committee, can be present and witnesses, if any, are available. If the grievance was filed later than five weeks before the first day of finals, the hearing may be held early in the following semester.
- b. When the committee has been selected, the coordinator shall inform all parties to the grievance of the time, date and location of the hearing, as well as decisions on other matters which affect the hearings.
- c. The committee shall normally convene within ten instructional days of its selection. The committee shall normally be convened by the coordinator of student grievance one-half hour before the hearing to select from among its own members a chair and to discuss hearing procedures.
- d. Two of the three members of the committee shall constitute a quorum.
- e. At a closed hearing, attendance shall be limited to the grievant and representative, the respondent and representative, witnesses while giving evidence, the coordinator, and members of the committee. The content of the proceedings in a grievance hearing closed to the public and the committee recommendations resulting therefrom shall not be made public by any participant in the hearing. In the event these matters should become public, however, such public statements as are appropriate may be made by the university. This policy of confidentiality shall not preclude discussion of the case with others as necessary to prepare for the hearing, nor shall it preclude subsequent action following appropriate procedures on the basis of evidence developed at the hearing. At an open hearing, all witnesses except for the grievant, the respondent, and their representatives, if any, shall be excluded except while giving evidence. The chair has the authority to close an open hearing at any time if, in the judgment of the chair, the conduct of the audience or the participants is so disruptive that the only viable means of conducting a fair session is through a closed hearing.
- f. Subject to 1.h. (below), both the grievant and the respondent may offer evidence, with the grievant doing so first.
- g. Within the guidelines of these procedures, and subject to overrule by the committee, the chair may establish necessary rules for the conduct of the hearing and decide procedural issues presented.
- h. The hearing shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, except that evidence which is merely repetitious or cumulative shall be excluded.
- i. Both parties or their representatives may make an opening statement. The grievant has the burden of persuasion and shall demonstrate by a preponderance of the evidence that the grievant was directly wronged by the action that gave rise to the grievance. After the opening statements, if any, both parties shall answer questions the committee may have regarding the case. Both parties and their representatives may then question each other, as well as all witnesses concerning any aspect of the grievance. Both parties and their representatives shall have access to all documents presented to the committee and may question the other party about those documents.
- j. Both parties or their representatives may present a closing statement with the grievant going first and then being allowed the final word. Any closing statements shall be limited to the evidence presented. There shall be no questioning of the parties during or after the closing statements.
- k. By majority vote of those present and based only on evidence accepted at the hearing, the committee shall prepare and sign a written report containing findings of fact and recommendations respecting the grievance. In the event of a tie vote, two reports shall go to the appropriate Vice President. All non-committee members shall be excluded from the deliberations. The committee shall not find for the grievant unless it finds that an official action was taken which was not generally or specifically authorized, or which was unreasonable; i.e., no reasonable person would have taken the action under the circumstances.
- l. The committee report, along with the grievance and any written response thereto, shall be presented to the appropriate Vice President for decision, usually within five instructional days of the end of the hearing.
- m. Normally, within five instructional days following receipt of the committee report, the Vice President shall furnish a written decision on the grievance to the grievant, the respondent, the coordinator, and to the committee.
- n. Decisions not implementing the recommendation of the committee shall contain reasons for that lack of implementation.
1.5.1. Either the grievant or the respondent may appeal the decision of the Vice President.
1.5.2. The party wishing to appeal the decision must deliver a written appeal to the President with copies to the opposing party and to the coordinator. This appeal must be so delivered within five instructional days from the date of the decision of the Vice President.
1.5.3. The appeal shall specify the following:
1.5.4. Within five instructional days of receipt of a copy of the appeal, the coordinator shall cause all grievance materials to be forwarded to the President.
- a. that it is an appeal;
- b. the name and current address and telephone number of the appellant;
- c. the reasons for the appeal and the fact supporting those reasons.
1.5.5. Within five instructional days of receipt of the appeal, the other party may deliver a written response to the appeal to the President, with copies to the appellant and to the coordinator, setting forth the reasons why the appeal should be denied and any facts supporting those reasons.
1.5.6. Normally, within fifteen instructional days of receipt of the appeal, the President shall render a decision thereon which shall be final for all purposes.
1.6 It shall be the responsibility of the coordinator to assist in the implementation of grievance decisions.
WHAT YOU NEED TO KNOW ABOUT DRUGS AND ALCOHOL AT SAN FRANCISCO STATE UNIVERSITY
San Francisco State University is committed to a safe and healthy environment for the campus community. The use of alcohol and other drugs should not interfere with the university's educational mission.
The university expects every student, faculty member, staff member, and administrator to be aware of and comply with all local, state, and federal laws regarding the unlawful possession, distribution, or use of illegal drugs and alcohol.
It is the policy of San Franciso State University that the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs on the university campus, or at any university-sponsored event off campus, is prohibited. No one may use illegal substances, or abuse legal substances, including alcohol, in a manner which impairs peformance of assigned tasks. A more complete description of these regulations is contained in University Directive #89-12 (The Alcohol and Drug Policy) and University Directive #90-15 (Policy on Substance Abuse in the Workplace) which are available at Human Resources Office, the Office of Faculty Affairs, the Office of the Dean of Students.
New State Laws as of 1990
STUDENTS: The manufacture, distribution, possession, or use of illegal drugs or illegal use of alcohol will normally result in either probation, suspension, or dismissal from the university.
EMPLOYEES: Those found to be in violation of university policy may be subject to corrective action, up to and including dismissal, or may be required, at the discretion of the university, to participate satisfactorily in an approved counseling or rehabilitation program. All members of the campus may be subject to criminal prosecution for violation of applicable local, state, or federal laws.
CONSIDER THE FOLLOWING:
After drinking, have you ever engaged in unplanned sexual activity? All alcohol [beer, wine, and hard liquor] decreases people's ability to use good judgment and act according to their own desires if they've been drinking beyond their capacity. People practice less safe sex when under the influence, more unintended pregnancies occur, more regretted sex and aquaintance rapes occur, and more diseases are transmitted sexually.
Have you ever taken speed or uppers to help you stay awake to meet a deadline? The initial effect of speed is increased alertness, increased sense of well-being, and ability to stay awake. Most uppers are short acting (6-12 hours). As the drug wears off, withdrawal sets in. The user is irritable, disinterested in the tasks at hand, needs sleep, and can be agitated--just around the time you need to be at your best.
How much can I drink and still be legal on the road? Many factors influence your blood alcohol level--such as body weight, gender, amount consumed, amount of food eaten, mood, body temperature, and previous drinking experience. As little as one drink may produce blood levels greater than the legal limit. The safest and smartest approach is to ask a non-drinking friend to drive if you drink, or designate a driver who will not drink.
Do you use cocaine to give you an "edge" in your studies or at work? Most people start using cocaine because it makes them feel "more" something--more confident, more alert, more attractive, more intelligent, more energetic. But these effects of the drug last only a few minutes, and leave the user feeling worse than they felt before. This sets up a cycle of craving the drug to feel good again, and repeated use to avoid feeling bad. Eventually, not only do you lose your "edge," but you can't even stay in the game. Cocaine can cause dramatic changes in blood pressure, as well as heart and breathing rates. One-time, occasional use or using small amounts have all been known to cause breathing to stop, stroke, or death. Crack is an especially addictive form of cocaine.
Do you smoke marijuana to forget problems with your studies or work responsibilities? If your answer is yes, the drug may be working better than you think. Marijuana can disturb both the process of formation and storage of memory. Even occasional use can result in memory impairment. It can also adversely affect your ability to concentrate and pay attention to school and work assignments. With continued use, long-term learning problems can occur as well as a reduction in motivation. This can lead to a further decline in performance of academic and job-related responsibilities. In addition, short term effects include slowed reaction time and increased heart rate. There are over 400 chemicals contained in marijuana. One joint contains 50% more tar than a cigarette.
Do you use steroids to build your muscles faster during weight training? Anabolic steroids are basically synthetic male hormones that are often used to rapidly increase muscle mass. While steroids can contribute to faster muscle building when combined with weight training, they can also cause atrophy of the testicles and enlargement of the prostrate in men; in women, an increase in body hair and baldness may be seen. There are a number of other toxic side effects of steroid use including liver damage, and there is danger of HIV infection from the sharing of needles used to inject the steroids. The added muscle attributed to steroid use hardly seems worth the dangers.
Has drinking alcohol effected your studies? In a recent study, 14% of SFSU students who drink reported that they had missed a class because of drinking, 19% reported that they had fallen behind in school work, and 19% stated that they had done something that they later regretted. Nation-wide campus statistics suggest that alcohol is involved in:
WHERE TO GO FOR HELP
ON-CAMPUS (Confidentiality assured)
and meeting information for support groups:
- Alcoholics Anonymous 621-1326
- Al-Anon & Al-Ateen 626-5633
- Adult Children of Alcoholics 641-7373
- Narcotics Anonymous 621-8600
- Nar-Anon (650) 985-5255
- Co-dependents Anonymous 905-6331
- Cocaine Anonymous 821-6155
- Overeaters Anonymous 436-0651
- Marijuana Anonymous 522-7373
- Nicotine Anonymous 995-1938
UNDERGRADUATE STUDENT REQUESTS FOR EXCEPTIONS TO ACADEMIC
EXCEPTIONS TO UNDERGRADUATE ACADEMIC POLICIES: Several of the more frequently requested exceptions to undergraduate academic policies are outlined below. The exemptions chart summarizes the nature of the appeal and each of the steps in the appeal process. Students should direct questions about any of the appeals listed in the chart to the office listed under the first step in the appeal process. Questions about appeals not listed in the chart should be directed to the Dean of Undergraduate Studies, ADM 449.
POLICIES--STEPS IN THE APPEALS PROCESS
GRADUATE STUDENT REQUESTS FOR EXCEPTIONS TO ACADEMIC
EXCEPTIONS TO ACADEMIC POLICIES: Listed below are some of the more common graduate student requests for exceptions to academic policies of the university. The chart indicates with whom each type of request is initiated, as well as any subsequent steps in the process that may be either optional or required. Any questions regarding the procedures for the appeals listed, or about any appeals that may not be listed, should be directed to the Graduate Division in ADM 254.
POLICIES--STEPS IN APPEALS PROCESS
1600 Holloway Avenue, San Francisco, CA 94132 (415) 338-1111
Last modified July 03, 2012 by firstname.lastname@example.org