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Reporting COVID-19 Non-compliance

Maintaining the health and safety of all California State University, San Marcos students and community is of utmost priority during the COVID-19 pandemic. As such, enforcing safety procedures for non-compliant students is a shared responsibility. This page serves as a guide on addressing, educating, promoting, and enforcing protocols and practices that align with guidance from the Center on Disease Control (CDC), California Department of Public Health (DPH), the California State University (CSU), and San Diego County Department of Public Health.

Face Coverings / Masks

Currently all employees and students – regardless of vaccination status – are required to wear a face covering in all indoor shared campus environments while on campus. Exceptions include when in a private office or area, or when eating or drinking, and socially distanced. Exceptions also include individuals with an approved face covering exemption via Disability Support Services. You will be required to continue Weekly Testing and adhere to face covering protocols when utilizing in-person University services. In addition to wearing a face covering indoors, individuals who are unvaccinated must also wear a face covering outdoors when social distancing is not possible. Face covering remains optional outdoors for vaccinated individuals, though for certain outdoor events there may be face covering requirements based on the number of attendees.

Face covering means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers. A face covering has no visible holes or openings and must cover the nose and mouth. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.

Non-Compliant Students

Should it be reported that a student is utilizing campus facilities in-person without wearing a face covering when required, they may be referred to the Dean of Students.

In the event a student is non-compliant with any COVID-19 safety expectations, faculty and staff are asked to address the situation through a care-centered approach. If the behavior continues, the student should be referred to the Dean of Students Office using the COVID-19 Non-Compliance Reporting Form. You may inform/remind the student that for the health and safety of the community, these incidents will be referred to Student Conduct & Ethical Development and the Dean of Students Office for follow-up.  

Student Conduct Code Violation

Students failing to comply with the announced campus safety protocols and procedures are subject to discipline pursuant to Executive Order 1098. Title V of the California Code of Regulations Section 41301, Student Conduct Code, describes the grounds in which a student can be disciplined under, including but not limited to Section 41301(b)(17):

“Failure to comply with directions of, or interference with, any University official or any public safety officer while acting in the performance of his/her duties. Students failing to comply with campus safety protocols and procedures, including on-campus instruction, are subject to discipline based on the above grounds.”

Compliance vs. Conduct

It is important to distinguish the difference between compliance and student conduct. Compliance is either a state of being in accordance with established guidelines or specifications, or the process of becoming so. The definition of compliance can also encompass efforts to ensure that organizations are abiding by both industry regulations and government legislation. Campus compliance mitigation efforts are the responsibility of the entire campus community. 

Student Conduct and Ethical Development will be involved when there is an incident of non-compliance after the student is given the opportunity to fix the concerning behavior. Per 41301 Standards for Student Conduct, “the University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community and contribute positively to student and university life. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.” 

Student Conduct is not meant to be immediate intervention. It is a formal process dictated by Executive Order 1098 with clear timelines and procedures.

Reporting Procedures

If students continuously and intentionally fail to comply with safety protocols, the students should be reported through the COVID-19 Non-Compliance Reporting Form, which will be routed to the Dean of Students Office for review and further action. Note that Student Conduct and Ethical Development is within the jurisdiction of the Dean of Students Office.

Listed below are behaviors that may warrant consultation and/or intervention by the Dean of Students Office: 

  • Repeated and intentional failure to wear a face covering after multiple and clear warnings
  • Failing to comply with directions of the faculty or staff member, specifically related to COVID compliance (not leaving when asked due to failure to wear a face covering)
  • Failing to complete the vaccination verification and/or exemption request process by the September 30, 2021 deadline
  • Failing to complete the determined weekly testing requirements (if student has been granted an approval for the COVID-19 vaccine exemption through Student Health and Counseling Services)
  • Failing to respond to any University requests for action related to submitting vaccine verification, an exemption request, and or/required weekly testing

When submitting reports of non-compliance, it is critical that all warnings and incidents are memorialized in writing for record keeping, and escalation of complaints for due process of student disciplinary proceedings.

The most recent guidance is as follows:

Referenced and Resource Materials