CSUSM Sexual Assault Policy
Concern for others is the standard for personal interaction in the University. Cal State San Marcos takes seriously its obligation to uphold the laws of the larger community of which it is a part. The University’s Mission Statement values fairness and respect for all persons in the University community. Association with the University imposes the additional obligation on every person to abide by all the rules and regulations of The California State University as well as all local, state, and federal laws. Policy Cal State San Marcos will not tolerate sexual assault in any form. Where there is evidence that sexual assault has been committed, on campus or at a University-related event, severe disciplinary action will be initiated, including the possibility of suspension or dismissal for employees and suspension or expulsion for students. In addition, criminal remedies may be sought by the victim through appropriate legal channels. Due process in all University proceedings will be ensured.
Definition and Legal Background
The California Penal Code Sections 261 and 243.4 and Assembly Concurrent Resolution No. 46 (September 14, 1987) define sexual assault as follows:
- Sexual Assault is any involuntary sexual act in which a person is threatened, coerced, or forced to comply against her/his will;
- Rape is forced sexual intercourse perpetrated against the will of the victim or when she/he 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 victim;
- Acquaintance Rape is rape by a non-stranger which could include a friend, acquaintance, family member, neighbor, co-worker;
- Date Rape is rape by someone the victim has been or is dating;
- Sexual Battery is unwanted touching of intimate body parts.
A variety of educational literature, brochures, pamphlets, and videos about sexual assault and rape are available in the library, from the University Police, Counseling and Psychological Services, and the Women's Center. Programs targeted for students and other University personnel are scheduled during the academic year. These programs provide factual information about sexual assault, promote open discussion, encourage reporting, and provide information about prevention to faculty, staff, and both male and female students. The programs focus on prevention and awareness including critical factual information about the
prevalence of stranger and acquaintance rape, how and where it happens, its impact, and the relationship between alcohol and drug use and sexual assault.
Sexual Assault Reporting Procedures Persons involved in, or a witness to a campus-related sexual assault should notify University Police at 750-3111. This office will be responsible for notifying appropriate University offices. Persons possessing knowledge of a campus related sexual assault should report their information to University Police.