California State University San Marcos (CSUSM) does not discriminate on the basis of sex, gender, or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of sex in all education programs and activities operated by the university (both on and off campus) that receive Federal financial assistance. Title IX protects all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and sexual misconduct.
Discrimination, including Harassment, because of any Protected Status: i.e., Age, Disability, Gender, Genetic Information, Gender Identity or Expression, Nationality, Marital Status, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status;
Retaliation for exercising rights under this policy, opposing Discrimination or Harassment because of a Protected Status, or for participating in any manner in any related investigation or proceeding;
Dating and Domestic Violence, and Stalking;
Sexual Misconduct of any kind, which includes sexual activity engaged in without Affirmative Consent; and,
Employees from entering into a consensual relationship with any Student over whom s/he exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.
The university's primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim/survivor at fault for sexual discrimination, harassment or violence; therefore, victim/survivors should not be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victim/survivors of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.
Individuals alleged to have committed sexual assault may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline/sanctions at the university.
Employees may face sanctions up to and including dismissal from employment, per established CSU policies and provisions of applicable collective bargaining unit agreements.
Students charged with sexual discrimination, harassment or violence will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include immediate interim suspension from the university, required move from university housing, adjustment to course schedule, or prohibition from contact with parties involved in the alleged incident.
Affirmative Consent: means an informed, affirmative, conscious, verbal, voluntary, and mutual agreement to engage in sexual activity.
Don’t make assumptions about consent. If an individual feels pressured or uncertain, is having difficulty communicating or is afraid of how a partner might react to a “NO“ response, it is not consent.
You Have The Right To:
When Should You Ask For Consent?
Before you engage in sexual activity! It is the responsibility of the person initiating a sex act to obtain clear, affirmative consent. Whenever you are unsure if consent has been given, you need to ask. Check-in with your partner.
Remember: Consent CANNOT be given if someone is….
*CONFIDENTIAL – except as noted by law, individuals in these locations are not required to report incidents of sexual misconduct to the CSUSM Title IX Coordinator or designee without consent of the victim/survivor.
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