CHANGES IN RULES AND POLICIES

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 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 $9,141. Of this amount, the average student fee support per FTE is $2,065. (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 $2,065, depending on whether they are part-time, full-time, resident, or non-resident students.)

SOURCE OF FUNDS AND AVERAGE COSTS FOR 1995/96 CSU BUDGET

COMPUTER SECURITY

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. Copies of the Computing Services Security Guide are available in all of the campus computing laboratories.

DETERMINATION OF RESIDENCE FOR NONRESIDENT TUITION PURPOSES

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

Semester Term Campuses

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:

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.

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

• a statement of scope, content and expected learning outcomes of the course;
• a list of texts and materials to be used throughout the course, including any additional fees or costs;
• a description of grading policy and practices;
• a description of teaching style (for example, fixed outline, lecture, discussion, class-directed or evolutionary);
• a description of any substantive departure from the content published in the university Bulletin or Class Schedule.

HIV/AIDS POLICY

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

• Student financial assistance programs, including state grants, available to students who enroll at San Francisco State University.
• The methods by which such assistance is distributed among recipients who enroll at San Francisco State University.
• The means, including forms, by which application for student financial assistance is made and requirements for accurately preparing such application.
• The rights and responsibilities of students receiving financial assistance.
• The standards the student must maintain to be considered to be making satisfactory progress for the purpose of establishing and maintaining eligibility for financial assistance.

• Fees and tuition (where applicable);
• Estimated costs of books and supplies;
• Estimates of typical student room and board costs or typical community costs; and
• Any additional costs of the program in which the student is enrolled or expresses a specific interest.

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 Director of Student Financial Aid, ext. 2437.

Information concerning the academic programs of San Francisco State University may be obtained from the Office of the Vice President for Academic Affairs, ADM 551, 338-1141 and may include:

• 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 , ext. 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 , ext. 2747.

Information concerning the prevention of drug and alcohol abuse may be obtained from Kevin Bowman, Director, Counseling and Psychological Services, ADM 255, ext. 2916.

NONDISCRIMINATION POLICY

Disability

Race, Color, National Origin, Sexual Orientation, or Disability

PRIVACY RIGHTS OF STUDENTS IN EDUCATION RECORDS

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 Registrar's Counter, ADM 253.

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

REQUIREMENT AND USE OF SOCIAL SECURITY NUMBER

SAFETY AND SECURITY ON CAMPUS

San Francisco State University is a community of more than 25,000 students located in the city and county of San Francisco. As part of that larger community, the university shares many of the same interests and problems, including the concern about crime. Crime is a national problem that also affects the residential area surrounding San Francisco State University.

Although the university has been fortunate in not experiencing a significant number of rapes, assaults, burglaries, and acts of criminal trespass in the past, it would not be honest to state that such incidents have not taken place. They have. To prevent such incidents, a competent residence life staff, a professionally-trained university police force, and the students themselves are responsible for a number of measures to ensure that the students and their possessions are protected as much as possible.

Security Policies and Procedures

Access to university housing facilities is limited, however, 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

University police enforce laws regulating under-age 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 by students 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 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.

The university campus is well lighted, and further lighting improvements are constantly being evaluated, which include the placement of high intensity sodium vapor lights on 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

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.

Off-campus housing options include apartments, individual homes, individual rooms in private homes, and fraternity houses. The university does not operate or provide supervision for off-campus housing.

Student Discipline

The S.A.F.E. Place

The Student's Responsibility

Students who live on campus are expected to take responsibility for their own safety and for the residential community in which they live. University police provide an escort service every evening, coordinate campus bicycle registration, and offer engraving instruments to identify personal property. Student room doors should be locked at night and when the room is not 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 the residence halls or apartments.

Crime Statistics and Crime Rates

Student Right to Know Report

Crimes 	1992	1993	1994	1995

Homicide	0	0	1	0
Rape		1	2	3	0
Forcible Sodomy	0	0	0	0
Rape w/Object	0	0	1	0
Forcible Fondling	4	10	1	1
Incest		0	0	0	0
Statutory Rape	0	1	1	0
Robbery		2	6	4	7
Aggravated Assault	2	0	3	2
Burglary		38	59	27	18
Vehicle Theft	82	93	50	40

Liquor Laws	0	1	0	9
Drugs		5	4	12	2
Weapons	3	3	6	1

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.

Definitions

• 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.

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

Case Managers

Case Managers at San Francisco State University are:

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.

University Police

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

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

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

Dean of Students: Discipline Officer

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

Personnel Services

The S.A.F.E. Place (Sexual Abuse Free Environment)

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

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

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.

Public Affairs

Information About On-Campus and Off-Campus Resources

Victim Incident Report Form

Sexual Assault Prevention Programs

• Residence hall students
• Residence hall advisers
• Athletic teams
• Fraternities and sororities
• Incoming students
• Other groups as appropriate; e.g., international students

• A student may be suspended from the university by the university President prior to any hearing processes when there is clear evidence of a crime and it is deemed unsafe to the university community to permit the student to remain on campus.
• A student may be expelled, suspended, placed on probation, or any combination of other sanctions, if found guilty of sexual assault or complicity in sexual assault.
• The university will withdraw its recognition of student organizations which are in violation of this policy.

• Employees may be warned, reprimanded, and/or disciplined. A disciplinary action of suspension without pay, demotion, or dismissal from employment may be imposed on an employee. Any disciplinary action will occur according to established California State University procedures and the appropriate collective bargaining agreement.

• In instances where student(s) and/or a student organization is involved, university police may request restricting a suspect(s) from the residence halls or campus if there is a danger to the victim or campus community. University police will furnish documentation for this recommendation to the Dean of Students or designee.
• In instances where the accused is not a student, staff, or faculty member, the university lacks the authority to take disciplinary action. The victim is encouraged to report the incident to the police agency of jurisdiction.

SEXUAL HARASSMENT POLICY AND PROCEDURES

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

• Requires submission as an explicit or implicit condition of instruction, employment, or participation in any university activity; or
• Distorts academic or personnel evaluations based on response to such conduct; or
• Hinders performance by creating or allowing sexually intimidating, hostile, or offensive behavior to occur in the university or in a university-related setting.

The university will evaluate each incident or 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)

The names of the advisers shall be published at the beginning of each semester. Advisers will have information about applicable laws, university policies and procedures, and options available for resolution of complaints. The advisers shall:

• Serve as resource persons to individuals with complaints or inquiries which may involve sexual harassment;
• Advise the complainant regarding applicable university policies and procedures and outline various informal and formal options.
• Inform the appropriate sexual harassment officer if a complaint is received which is deemed sufficiently serious to warrant further action.

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)

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

Pre-Formal Discussion. 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:

• Informing the alleged harasser directly or through an appropriate administrator or supervisor that a problem has been raised concerning that person's conduct.
• Informing the alleged harasser of university policy regarding sexual harassment.
• 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.
• Recommending that an oral or written warning or reprimand be issued to the alleged harasser.

The appropriate SHO shall conduct a full and impartial investigation. The investigation procedures may include a meeting(s) at which both the complainant and the alleged harasser are present. If such a meeting(s) results in a settlement, the terms of the settlement shall be put in writing and be signed by the complainant, the alleged harasser, and the SHO.

At the conclusion of the investigation or upon settlement, 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 or the terms of the signed settlement, 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, as well as to the complainant and the accused.

Upon receipt of the SHO's report, the President or appropriate grievance/disciplinary action officer shall:

• Make every attempt to resolve the complaint to the satisfaction of both the complainant and the accused;
• Inform both parties of procedures available to them should either be dissatisfied with the resolution of the complaint.

Formal Grievance and Disciplinary Procedures

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.

STUDENT CONDUCT/DISCIPLINE

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:

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. Not withstanding 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

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 DEFINITIONS

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

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).

1.4.2. Initial Steps

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.

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.

1.5.2. 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:

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.

UNDERGRADUATE STUDENT REQUESTS FOR EXCEPTIONS TO ACADEMIC
POLICIES--STEPS IN THE APPEALS PROCESS

GRADUATE STUDENT REQUESTS FOR EXCEPTIONS TO ACADEMIC
POLICIES--STEPS IN APPEALS PROCESS