Policies

Privacy Rights of Students in Education Records

The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) (FERPA) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students’ privacy in their educational records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of those records. FERPA provides that the campus must give students access to most records directly related to the student, and must also provide opportunity for a hearing to correct the records if the student claims they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor. FERPA generally requires the campus obtain a student’s written consent before releasing personally identifiable data pertaining to the student. The campus has adopted a set of policies and procedures governing implementation of FERPA and the regulations. Copies of these policies and procedures may be obtained at the Office of the University Registrar. Among the information included in the campus statement of policies and procedures is: (1) the student records maintained and the information they contain; (2) the campus official responsible for maintaining each record; (3) the location of access lists indicating persons requesting or receiving information from the record; (4) policies for reviewing and expunging records; (5) student access rights to their records; (6) procedure for challenging the content of student records; and(7) the student’s right to file a complaint with the Department of Education. The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

FERPA authorizes the campus to release “directory information” pertaining to students. “Directory information” may include the student’s name, photograph, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, enrollment status, degrees, honors, and awards received, and the most recent previous educational agency or institution the student attended. The campus may release this “directory information” at any time unless the campus has received prior written objection from the student specifying the information the student requests not be released. For additional questions or concerns, contact the Office of the University Registrar, Joyal Administration Building, Room 106 or visit the FERPA website.

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 have responsibilities in the campus’s academic, administrative or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records will be disclosed to the CSU Chancellor’s Office to conduct research, to analyze trends, or to provide other administrative services. Student records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of the accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; or to other institutions to which the student is transferring).

Use of Social Security Number. Applicants are required to include their correct social security numbers in designated places on applications for admission pursuant to the authority contained in Section 41201, Title 5, California Code of Regulations, and Section 6109 of the Internal Revenue Code (26 U.S.C. 6109). The University uses the social security number to identify students and their records including identification for purposes of financial aid eligibility and disbursement and the repayment of financial aid and other debts payable to the institution. Also, the Internal Revenue Service (IRS) requires the University to file information returns that include the student’s social security number and other information such as the amount paid for qualified tuition, related expenses, and interest on educational loans. This information is used by the IRS to help determine whether a student, or a person claiming a student as a dependent, may take a credit or deduction to reduce federal income taxes.

Taxpayers who claim Hope Scholarship or Lifetime Learning tax credit will be required to provide their name, address, and Taxpayer Identification Number to the campus.

Research on Human Subjects

California State University, Fresno has adopted provisions for the conduct of research that employs or influences humans. All research at the university must comply with these provisions. Students must familiarize themselves with the provisions by inquiring in the departmental offices or the office of the dean of their school.

CSU Interim COVID-19 Vaccination Policy

Entering CSU students are required to present proof of the following immunizations to the CSU campus they will be attending before the beginning of their first term of enrollment.

All individuals who access campus/programs must be fully vaccinated against the COVID-19 virus, as defined by this policy, subject to the terms and limited exemptions described in this policy, as well as comply with other safety measures established on each campus.

A student may be exempted from the vaccine requirement in this policy as described below:

• Medical Exemption: due to a medical (including mental health) condition for which an approved vaccine presents a significant risk of a serious adverse reaction. Any medical exemption must be verified by a certified or licensed healthcare professional.
• Religious Exemption: due to either (i) a person’s sincerely held religious belief, observance, or practice, which includes any traditionally recognized religions, or (ii) beliefs, observances, or practices which an individual sincerely holds and that occupy a place of importance in that individual’s life, comparable to that of traditionally recognized religions.

CSU Immunization Requirements

All incoming students starting in or after Fall 2022 will need to submit proof of immunizations in accordance with CSU Executive Order 803. Please note that you will not be able to submit proof of immunizations until you have created your Fresno State student email account.

The California State University (CSU) is committed to the protection of health and wellness of all students. To comply with this overarching goal, the CSU requires that students are current for the immunizations listed below and undergo screening/risk assessment for tuberculosis:

• Measles, Mumps and Rubella (MMR): Two (2) doses with first dose on or after 1st birthday; OR positive titer (laboratory evidence of immunity to disease).
• Hepatitis B (Hep B): All new students who will be 18 years of age or younger at the start of their first term at a CSU campus must provide proof of full immunization against Hepatitis B before enrolling. Full immunization against Hepatitis B consists of three timed doses of vaccine over a minimum 4 to 6 months’ period. If you need further details please consult the Campus Clinic, 559.278.2734.
• Varicella (Chickenpox): Two (2) doses with first dose on or after 1st birthday; OR positive titer (laboratory evidence of immunity to disease) prior to enrollment.
• Tetanus, Diphtheria, Pertussis (Tdap): One (1) dose after age 7.
• Meningococcal conjugate (Serogroups A, C, Y, & W-135): One (1) dose on or after 16 for all students and age 21 or younger.
• Tuberculosis Screening/Risk Assessment: All incoming students must complete a Tuberculosis risk questionnaire. Incoming students who are at higher risk* for TB infection, as indicated by answering “yes” to any of the screening questions, should undergo either skin of blood testing for TB infection.

*Higher risk include travel or living in South or Central America, Africa, Asia, Eastern Europe, and the Middle East; prior positive TB test; or exposure to someone with active TB disease.

The above are not admission requirements, but are REQUIRED of students as conditions of enrollment in CSU.

Adults 19 years of age and older who are uninsured or under-insured may be eligible to receive vaccines through Fresno County’s Health Department through the Vaccines for Adults (VFA) program.

For more information, please visit the Student Health and Counseling Center Immunizations website.

E-mail Communication

The university has adopted a policy that requires all students to obtain a free Fresno State e-mail account. All official university notification will be sent to students via Fresno State e-mail accounts only. Examples of notices that will be sent via e-mail include Registration Notices, Invoice Statements, Add/Drop Deadlines, Disenrollment Notices for Nonpayment, Academic Disqualification and Financial Aid Awards. Students who do not have a free Fresno State e-mail account should log-on to my.fresnostate.edu and click on the “Get An Account Now” link to apply. Students are encouraged to check their e-mail accounts weekly. For questions or assistance with your Fresno State e-mail account, please contact the Technology ServiceDesk at 559.278.5000.

Nondiscrimination Policy and Complaint Procedures

Protected Status: Age, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity(including color, caste, or ancestry), Religion or Religious Creed, and Veteran or Military Status. California State University does not discriminate on the basis of age, genetic information, marital status, medical condition, nationality, race or ethnicity (including color, caste, and ancestry), religion (or religious creed), and veteran or military status - as these terms are defined in Interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. The following employee has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Marylou Mendoza-Miller, Associate Vice President for Human Resources, has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at 5150 N. Maple Avenue, M/S JA41, Joyal Administration Building211, Fresno, CA 93740, 559.278.3929.

Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student (or any successor) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against other CSU students. Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

Protected Status: Disability. The California State University does not discriminate on the basis of disability (physical and mental) - as this term is defined in the Interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation - in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination. Kirsten Corey, Department of Human Resources, has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at 5150 N. Maple Avenue, M/SJA41, Joyal Administration Building 211, Fresno, CA 93740, 559.278.3929.

Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation made against a student (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment, or retaliation made against other CSU students. Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

Protected Status: Gender (or sex), Gender Identity (including nonbinary and transgender), Gender Expression and Sexual Orientation.

The California State University does not discriminate on the basis of gender (or sex), gender (including nonbinary and transgender), gender expression or sexual orientation – as these terms are defined in CSU policy – in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972,prohibit such discrimination on the basis of gender or sexual orientation in employment, as well as in all education programs and activities operated by the University (both on and off campus), including admissions. The protection against discrimination on the basis of gender or sexual orientation includes harassment, sexual misconduct, and gender based dating and domestic violence and stalking.

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to have experienced the conduct that could constitute sex discrimination or sexual harassment), in-person, by mail, by telephone, or by electronic mail, using the contact information listed below for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at anytime (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

The following person has been designated to handle inquiries regarding the non-discrimination Policies and Title IX complaints for Fresno State:

Jamie Pontius-Hogan
Director of Title IX and Clery Compliance
Harold H. Haak Administrative Center
5200 N. Barton Avenue M/S ML52
Fresno, CA 93740
Email: jphogan@csufresno.edu
Telephone: 559.278.5357

CSU Executive Order 1097 revised August 14, 2020 (https://calstate.policystat.com/policy/8453516/latest/) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment, or retaliation made by students or student applicants against the CSU, a CSU employee, other CSU students or a third party. For more information regarding Fresno State’s Title IX, please visit: www.fresnostate.edu/titleix.

Title IX of the Education Amendments of 1972 protects all people regardless of their gender or gender identity from sex discrimination, which includes pregnancy, sexual harassment and misconduct:

• Sex Discrimination or Gender Discrimination means is an adverse action taken against a student complainant because of their protected status.

• Adverse Action means an action engaged in by the respondent that has a substantial and material adverse effect on the complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a complainant does not constitute an adverse action.

• Sexual Harassment means unwelcome verbal, nonverbal, or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, or indecent exposure, and any other conduct of a sexual nature where:

1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or

2. Submission to, or rejection of, the conduct by the Complainant is explicitly or implicitly used as the basis for any decision affecting a term or condition of the Complainant’s employment, or an employment decision; or

3. The conduct is sufficiently severe, persistent, or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as limiting their ability to participate in or benefit from the services, activities or opportunities offered by the university; or

The conduct is sufficiently severe, persistent, or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile or offensive environment.

Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion, being subjected to video exploitation or a campaign of sexually explicit graffiti, or frequently being exposed to unwanted images of a sexual nature in a work environment, or in a classroom where the images are unrelated to the coursework.

Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint or Sexual Harassment. 

Sexual and/or romantic relationships between members of the campus community may begin as consensual, and may develop into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking subject to this policy.

Sexual Misconduct: All sexual activity between members of the CSU community must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the conduct violates any civil or criminal law.

• Sexual activity includes, but is not limited to:

  • kissing

  • touching intimate body parts

  • fondling

  • intercourse

  • penetration, no matter how slight, of the vagina or anus with any part or object

  • oral copulation of a sex organ by another person.

• Sexual Misconduct includes, but is not limited to:

  • an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s Gender or Sex,

  • the intentional touching of another person’s intimate body parts without Affirmative Consent, 

  • intentionally causing a person to touch the intimate body parts of another without Affirmative Consent, 

  • using a person’s own intimate body part to intentionally touch another person’s body without Affirmative Consent, 

  • any unwelcome physical sexual acts, such as unwelcome sexual touching, 

  • using physical force, violence, threat, or intimidation to engage in sexual activity, 

  • ignoring the objections of the other person to engage in sexual activity,

  • causing the other person’s incapacitation through the use of drugs or alcohol to engage in sexual activity, 

  • taking advantage of the other person’s incapacitation to engage in sexual activity.

• Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.
• Sexual activity between a Minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Sanction.
• Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website. 

• Affirmative Consent: Affirmative Consent must be voluntary, and given without coercion, force, threat, or intimidation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity. Affirmative Consent means an agreement to engage in sexual activity that is:

  • informed

  • affirmative

  • conscious

  • voluntary and

  • mutual.

  • Lack of protest or resistance does not mean there is Affirmative Consent.

  • Silence does not mean there is Affirmative Consent.

  • The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative Consent.

  • A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.

  • Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. 

• Incapacitation: Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication so that the person could not understand the fact, nature, or extent of the sexual activity. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions. A person with a medical or mental disability may also lack the capacity to give consent.
  Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making ability, awareness of consequences, and ability to make informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain Affirmative Consent before engaging in sexual activity. Sexual activity with a Minor (a person under 18 years old) is not consensual, because a Minor is considered incapable of giving consent due to age.
  It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:

  • The person was asleep or unconscious

  • The person was incapacitated due to the influence of drugs, alcohol, or medication, so that the person could not understand the fact, nature, or extent of the sexual activity

  • The person could not understand the fact, nature, or extent of the sexual activity, or was unable to communicate, due to a mental or physical condition.

• It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances:

  • The Respondent’s belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;

  • The Respondent did not take reasonable steps in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented. 

Dating Violence and Domestic Violence

• ​Dating Violence means physical violence or threat of physical violence committed by a person

  • who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and

  • where the existence of such a relationship shall be determined based on a consideration of the following factors:

    • The length of the relationship.

    • The type of relationship.

    • The frequency of interaction between the persons involved in the relationship. 

• Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.
• Physical Violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault. 

Stalking: means engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others’ safety or to suffer Substantial Emotional Distress. For purposes of this definition:

• Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party’s property.
• Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Prohibited Consensual Relationships 
Prohibited Consensual Relationships is a consensual sexual or romantic relationship between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. 

Retaliation 
Retaliation means that a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have:

• Exercised their right under this policy, 
• Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this policy,
• Assisted or participated in an investigation/proceeding under this policy, regardless of whether the Complaint was substantiated,
• Assisted someone in reporting or opposing a violation of this policy or assisted someone in reporting or opposing Retaliation under this policy.

Adverse Action means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions of conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action. 

Retaliation may occur whether or not there is a power of authority differential between the individuals involved. 

Additional Prohibited Conduct Definitions
Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:

• An Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
• Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.
• Sexual Assault includes the following:
  • Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape. 
  • Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity.
  • Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
  • Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent. 

The definition of Affirmative Consent is that which is found above here.

Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• fear or their safety or the safety of others; or
• suffer substantial emotional distress. 

See further information in Fresno State’s sexual violence prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence), and Victim’s Rights and Options Notice, at https://titleix.fresnostate.edu/index.html/students.

Whom to Contact If You Have Complaints, Questions, or Concerns. Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The campus Title IX Coordinator is available to explain and discuss the right to file a criminal complaint (for example, in cases of sexual misconduct); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.

Fresno State Title IX Coordinator:
Jamie Pontius-Hogan
Director of Title IX and Clery Compliance
Harold H. Haak Administrative Center
5200 N. Barton Avenue M/S ML52
Fresno, CA 93740
Email: jphogan@csufresno.edu
Telephone: 559.278.5357

Deputy Title IX Coordinator for Athletics
Erin Boele
Residence Atrium
5152 N. Barton Avenue M/S RH82
Fresno, CA 93740
Email: eboele@csufresno.edu
Telephone: 559.278.2677

University Police
Lt. Jennifer Curwick
2311 E. Barstow Avenue
Fresno, CA 93740
jcurwick@csufresno.edu
559.278.8400

Campus Sexual Assault Survivor Advocate (Confidential)
Mindy Kates
5044 N. Barton Avenue, Fresno, CA 93740
Direct Phone Line: 559.278.6796
Student Health Center Phone: 559.278.2734
Email: survivoradvocate@csufresno.edu

Title IX requires the university to adopt and publish complain procedures that provide for prompt and equitable resolution ​of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventive measures related to sex discrimination. CSU Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student (or any successor) is the systemwide procedure for all complaints of discrimination, harassment, or retaliation made against other CSU students. Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

Duty to Report. Except as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any university employee who knows or has reason to know of allegations or acts that violate university policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that their name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident. (See confidential reporting options outlined below.)

Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or misconduct, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any gender discrimination/harassment/misconduct, prevent its recurrence, and remedy its effects.

U.S. Department of Education, Office for Civil Rights (OCR):
(800) 421-3481 (main office), or (415) 486-5555 (California office), or (800) 877-8339 (TDD) or ocr@ed.gov (main office) orocr.sanfrancisco@ed.gov (California office)

If you wish to fill out a complaint form online with the OCR, you may do so at http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

Safety of the Campus Community Is Primary. The University’s primary concern is your safety and the safety of the Campus community. The use of alcohol or drugs never makes the victim at fault for sexual misconduct/sexual assault. If you have experienced sexual misconduct/sexual assault, dating or domestic violence, or stalking you should not be deterred from reporting the incident out of a concern that you might be disciplined for related violations of drug, alcohol or other University policies. A person who participates in investigations or proceedings involving sexual misconduct/sexual assault will not be subject to discipline for related violations of the Student Conduct Code or other University policies at or near the time of the incident unless the University determines the conduct places the health and safety of another person at risk, or is otherwise egregious.

Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence. Individuals alleged to have committed sexual misconduct may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, students may face discipline at the university, up to and including suspension or expulsion and withholding of their degrees. Employees may face sanctions up to and including suspension, demotion or dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.

Students who are found responsible by the university with gender discrimination, harassment or sexual misconduct will be subject to discipline, pursuant to the Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student and the California State University and Student Conduct Procedures (see Executive Order 1098 revised on August 14, 2020, or any successor executive order) and will be subject to appropriate sanctions.

In addition, the University may offer reasonable Supportive Measures prior to conclusion of an investigation to reduce or eliminate negative impact and provide available assistance. Examples include: adjustment to work assignments, housing locations, course schedules or supervisory reporting relationship; mutual restrictions on contact between parties; leaves of absence; or campus escorts. These options may be available whether or not the incident is reported to Campus police or law enforcement. The Title IX Coordinator remains available to assist and provide reasonable Supportive Measures requested by you throughout the reporting, investigative, and disciplinary processes, and thereafter.

Confidentiality and Sexual Misconduct, Dating Violence, Domestic Violence and Stalking. The University encourages victims of sexual misconduct, dating violence, domestic violence, or stalking (collectively sexual misconduct) to talk to someone about what happened – so they can get the support they need, and so the University can respond appropriately. Whether - and the extent to which - a University employee may agree to maintain confidentiality (and not disclose information to the Title IX Coordinator) depends on the employee’s position and responsibilities at the University. The following information is intended to make victims aware of the various reporting and confidential disclosure options available to them- so they can make informed choices about where to turn for help. The University strongly encourages victims to talk to someone identified in one or more of these groups.

Certain University employees, listed below, are required by law to maintain near or complete confidentiality; talking to them is sometimes called a “privileged communication.” University law enforcement employees may maintain the victim’s identity as confidential, if requested by the victim, but will report the facts of the incident to the Title IX Coordinator, including the identity of the perpetrator. Most other University employees are required to report all details of a Sexual Violence incident(including the identities of both the victim and alleged perpetrator) to the Title IX Coordinator so the University can take immediate action to protect the victim, and take steps to correct and eliminate the cause of Sexual Violence.

University Police, the Title IX Coordinator, University-employed physicians, professional counselors, sexual assault and domestic violence counselors and advocates, and certain other University employees are required to explain to victims their rights and options with respect to confidentiality.

Privileged and Confidential Communications. Physicians, Psychotherapists, Professional Licensed Counselors, Licensed Clinical Social Workers and Clergy - Physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy who work or volunteer on or off campus, acting solely in those roles or capacities as part of their employment, and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in their centers and offices) may not report any information about an incident of sexual misconduct to anyone else at the university, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers and clergy without triggering a university investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.

Sexual Assault and Domestic Violence Counselors and Advocates - Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers and health centers (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers), may talk to a victim without revealing any information about the victim and the incident of sexual misconduct to anyone else at the university, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from these counselors and advocates without triggering a university investigation that could reveal his/her identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.

The University will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to (1) speak only to a physician, professional licensed counselor, licensed clinical social worker, clergy member, sexual assault counselor, domestic violence counselor or advocate; and (2) maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability services, medical/health or mental health services, or legal services, and will advise victims regarding their right to file a Title IX complaint with the University and a separate complaint with local or University police. If a victim insists on confidentiality, such professionals, counselors and advocates will likely not be able to assist the victim with: University academic support or accommodations; changes to University-based living or working schedules; or adjustments to course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the University or report the incident to the police, and thus have the incident fully investigated. These counselors and advocates can provide victims with that assistance if requested by the victim. These counselors and advocates will also explain that Title IX includes protections against retaliation, and that the University will not only take steps to prevent retaliation when it knows or reasonably should know of possible retaliation, but will also take strong responsive action if it occurs.

EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a patient/victim who he or she knows or reasonably suspects is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including sexual misconduct, domestic violence, and dating violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, licensed clinical social workers, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual misconduct, dating or domestic violence, or stalking incident. If applicable, these professionals will explain this limited exception to victims.

Reporting to University or Local Police. If a victim requests that their identity be kept confidential, their name will not become a matter of public record. However, even if the victim requests confidentiality of identity, the University Police should specifically ask the victim if the victim’s name can be provided to the Title IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures that can be offered. If a victim gives consent to law enforcement to provide their name to the Title IX Coordinator, their name will not become a matter of public record. Even if a victim does not give the police permission to provide their name to the Title IX Coordinator, University police will report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation.

Reporting to the Title IX Coordinator and Other University Employees. Most university employees have a duty to report incidents of sexual misconduct when they are on notice of it. When a victim tells the Title IX Coordinator or another university employee about an incident of sexual misconduct, the victim has the right to expect the university to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the university strongly encourages victims to report incidents of sexual misconduct directly to the campus Title IX Coordinator. As detailed above, in the “Privileged and Confidential Communications” section of this policy, all university employees except physicians, licensed professional counselors, licensed clinical social workers, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any incidents of sexual misconduct of which they become aware. The university will need to determine what happened - and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.

To the extent possible, information reported to the Title IX Coordinator or other university employees will be shared only with individuals responsible for handling the university’s response to the incident. The university will protect the privacy of individuals involved in a sexual misconduct violence incident except as otherwise required by law or university policy. A report of sexual misconduct may result in the gathering of extremely sensitive information about individuals in the campus community. While such information is considered confidential, university policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual misconduct. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the section on “Privileged and Confidential Communications” above, no university employee, including the Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.

If a victim requests of the Title IX Coordinator or another university employee that their identity remain completely confidential, the Title IX Coordinator will explain that the university cannot always honor that request or guarantee complete confidentiality. If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the university must weigh that request against the university’s obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including the victim. Under those circumstances, the Title IX Coordinator will determine whether the victim’s request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the university has a legal obligation to report the incident, conduct an investigation or take other appropriate steps. Without information about a victim’s identity, the university’s ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited. See Executive Order 1095 (or any successor executive order) for further details around confidential reporting, and other related matters (https://calstate.policystat.com/policy/6741651/latest/).

Additional information related to Fresno State’s compliance with Title IX and available resources for students can be found at fresnostate.edu/titleix and information on Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Dating and Domestic Violence, and Stalking can be found at http://www.fresnostate.edu/adminserv/title-ix/documents/EO-1095%20Attachment%20C%2011.6.pdf

Additional Resources

• U.S. Department of Education, regional office
  Office for Civil Rights 50 United Nations Plaza
  San Francisco, CA 94102
  (415) 486-5555
  TDD (877) 521-2172
  ocr.sanfrancisco@ed.gov

• U.S. Department of Education , national office:
  Office for Civil Rights
  (800) 421-3481
  TDD (800) 877-8339
  ocr@ed.gov

• California Coalition Against Sexual Assault
  1215 K. Street, Suite 1850
  Sacramento, CA 95814
  (916) 446-2520
  California Coalition Against Sexual Assault Website

• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice: https://ovc.ncjrs.gov/topic.aspx?topicid=27

• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice: http://www.nij.gov/topics/crime/intimate-partner-violence/Pages/welcome.aspx

• National Domestic Violence Hotline: 1-800-799-SAFE (7233): http://www.thehotline.org/

• Office of Violence against Women, United States Department of Justice: http://www.justice.gov/ovw

• Centers for Disease Control and Prevention: Intimate Partner Violence: http://www.cdc.gov/ViolencePrevention/intimatepartnerviolence/index.html

Inquiries Concerning Compliance. Inquiries concerning compliance or the application of these laws to programs and activities of California State University, Fresno, may be referred to the specific campus officer(s) identified above or to the Regional Director of the Office for Civil Rights, United States Department of Education, 50 Beale Street, Suite 7200, San Francisco, California 9410.

Programs Leading to Licensure and Credentialing

California State University programs for professions that require licensure or certification are intended to prepare the student for California licensure and certification requirements. Admission into programs for professions that require licensure and certification does not guarantee that students will obtain a license or certificate. Licensure and certification requirements are set by agencies that are not controlled by or affiliated with the California State University and licensure and certification requirements can change at any time. For example, licensure or credentialing requirements can include evidence of the right to work in the United States (e.g., social security number or tax payer identification number) or successfully passing a criminal background check. Students are responsible for determining whether they can meet licensure or credentialing requirements. The CSU will not refund tuition, fees, or any associated costs, to students who determine subsequent to admission that they cannot meet licensure or credentialing requirements. Information concerning licensure and credentialing requirements are available from the Financial Aid and Scholarships Office 559.278.2182.

The California State University has not determined whether its programs meet other states’ educational or professional requirements for licensure and certification. Students planning to pursue licensure or certification in other states are responsible for determining whether, if they complete a California State University program, they will meet their state’s requirements for licensure or certification. This disclosure is made pursuant to 34 CFR §668.43(a)(5)(v)(C).

Student Body Fee

Procedure for establishment or abolishment of campus-based mandatory fees. The law governing the California State University provides that specific campus fees defined as mandatory, such as a student association fee and a student center fee, may be established. A student association fee must be established upon a favorable vote of two-thirds of the students voting in an election held for this purpose (Education Code, Section 89300). The campus President may adjust the student association fee only after the fee adjustment has been approved by a majority of students voting in a referendum established for that purpose. The required fee shall be subject to referendum at any time upon the presentation of a petition to the campus President containing the signatures of 10 percent of the regularly enrolled students at the University. Student association fees support a variety of cultural and recreational programs, childcare centers, and special student support programs. A student center fee may be established only after a fee referendum is held which approves by a two-thirds favorable vote the establishment of the fee (Education Code, Section 89304). Once bonds are issued, authority to set and adjust student center fees is governed by provisions of the State University Revenue Bond Act of 1947, including, but not limited to, Education Code sections 90012, 90027, and 90068. A student success fee may be established or adjusted only after the campus undertakes a rigorous consultation process and a fee referendum is held with a simple majority favorable vote (Education Code, Section 89712). The student success fee may be rescinded by a majority vote of the students only after six years have elapsed following the vote to implement the fee.

The process to establish and adjust other campus-based mandatory fees requires consideration by the campus fee advisory committee and a consultation or student referendum process as established by California State University Student Fee Policy Section III or any successor policy. The campus president may use consultation mechanisms if they determine that a referendum is not the best mechanism to achieve appropriate and meaningful consultation, and referendum is not required by the Education Code or Student Success Fee Policy. Results of the referendum and the fee committee review are advisory to the campus president. The president may adjust campus-based mandatory fees but must request the chancellor to establish a new mandatory fee. The president shall provide to the campus fee advisory committee a report of all campus-based mandatory fees. The campus shall report annually to the chancellor a complete inventory of all campus-based mandatory fees.

For more information or questions, please contact the System Budget Office in the CSU Chancellor’s Office at 562.951.4560 or the Financial Management/University Controller at 559.278.2764.

Student Conduct

Title 5, California Code of Regulations, § 41301. Standards for Student Conduct.

Student Responsibilities. 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.

Grounds for Student Discipline. 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. The following are the grounds upon which student discipline can be based:

1. Dishonesty, including the following: (i) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage. (ii) Furnishing false information to a University official, faculty member, or campus office.(iii) Forgery, alteration, or misuse of a University document, key, or identification instrument. (iv) Misrepresenting one’s self to be an authorized agent of the University or one of its auxiliaries.
2. Unauthorized entry into, presence in, use of, or misuse of University property.
3. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
4. Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.
6. Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
7. Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
8. Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
9. Use, possession, manufacture, or distribution of illegal drugs or drug- related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
11. Theft of property or services from the University community, or misappropriation of University resources.
12. Unauthorized destruction or damage to University property or other property in the University community.
13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
15. Misuse of computer facilities or resources, including the following: (i) Unauthorized entry into a file, for any purpose. (ii) Unauthorized transfer of a file. (iii) Use of another’s identification or password. (iv) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community. (v) Use of computing facilities and resources to send obscene or intimidating and abusive messages. (vi) Use of computing facilities and resources to interfere with normal University operations. (vii) Use of computing facilities and resources in violation of copyright laws. (viii)Violation of a campus computer use policy.
16. Violation of any published University policy, rule, regulation or presidential order.
17. Failure to comply with directions or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
19. Violation of the Student Conduct Procedures, including the following: (i) Falsification, distortion, or misrepresentation of information related to a student discipline matter. (ii) Disruption or interference with the orderly progress of a student discipline proceeding. (iii) Initiation of a student discipline proceeding in bad faith. (iv) Attempting to discourage another from participating in the student discipline matter. (v) Attempting to influence the impartiality of any participant in a student discipline matter. (vi) Verbal or physical harassment or intimidation of any participant in a student discipline matter. (vii)Failure to comply with the sanction(s) imposed under a student discipline proceeding.
20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

Procedures for enforcing this code. The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code. Note: At the time of publication, such procedures are set forth in California State University Executive Order 1098 (Revised August14, 2020), available at https://calstate.policystat.com/policy/8453518/latest/.

Application of this code. Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions of operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

Civil and Criminal Penalties for Violation of Federal Copyright Laws. Anyone who is found to be liable for copyright infringement may be liable for either the owner’s actual damages along with any profits of the infringer or statutory damages of up to $30,000 per work infringed. In the case of a willful infringement, a court may award up to $150,000 per work infringed.(See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §505.) Willful copyright infringement can also result in criminal penalties, including imprisonment and fines. (See 17 U.S.C.§506 and 18 U.S.C. §2319.)

Disposition of Fees

Title 5, California Code of Regulations, § 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.

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 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.

Cheating and Plagiarism

Cheating. Cheating is the actual or attempted practice of fraudulent or deceptive acts for the purpose of improving a grade or obtaining course credit. Typically, such acts occur in relation to examinations. It is the intent of this definition that the term cheating not be limited to examinations situations only, but that it include any and all actions by a student that are intended to gain an unearned academic advantage by fraudulent or deceptive means.

Plagiarism. Plagiarism is a specific form of cheating that consists of the misuse of the published and/or unpublished works of others by misrepresenting the material so used as one’s own work. Grade substitution shall not be applicable to courses for which the original grade was the result of a finding of academic dishonesty.

Civil and Criminal Penalties for Violation of Federal Copyright Laws

Anyone who is found to be liable for copyright infringement may be ordered to pay either actual damages or “statutory” damages between $750 and $30,000 per work infringed. In the case of a “willful” infringement, a court may award up to$150,000 per work infringed. Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17U.S.C. §§504 and 505.) Under certain circumstances, willful copyright infringement may also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. (See 17 U.S.C. §506 and 18 U.S.C.§2319.)

Credit Hour

On July 1, 2020, the United States Department of Education changed its definition of the student credit hour. Fundamentally, the change shifted responsibility for credit hour compliance to the accreditation agency and/or to the state.

As such, the CSU’s accreditor, the WASC Senior College and University Commission (WSCUC), has published its own updated definition of student credit hour and related accreditation processes. The new regulations no longer require an accrediting agency to review an institution’s definition of credit hour and an institutions’ processes and policies for ensuring the credit hour policy is followed.

The CSU credit hour definition is consistent with federal law (600.2 and 600.4 revised July 1, 2020) and the requirements of the WSCUC. The CSU defines a credit hour as an amount of work represented in stated learning outcomes and verified by evidence of student achievement. Such evidence is an institutionally established equivalency that approximates not less than:

1. One hour of direct faculty instruction and a minimum of two hours of out-of-class student work each week for approximately 15 weeks for one semester or equivalent amount of work over a different amount of time; or
2. At least an equivalent amount of work as required in paragraph 1.a. of this definition for other academic activities as established by the institution including laboratory work, internships, practica, studio work and other academic work leading to the award of credit hours; and
3. Permits an institution, in determining the amount of work associated with a credit hour, to take into account a variety of delivery methods, measurements of student work, academic calendars, disciplines and degree levels. Institutions have the flexibility to award a greater number of credits for courses that require more student work.

As in the past, a credit hour is assumed to be a 50-minute (not 60-minute) period. In some courses, such as those offered online, in which “seat time” does not apply, a credit hour may be measured by an equivalent amount of work, as demonstrated by student achievement.

For purposes of accreditation, all CSU campuses are required to develop, communicate and implement procedures for regular, periodic review of this credit hour policy to ensure that credit hour assignments are accurate, reliable and consistently applied. WSCUC published new draft guidelines that took effect in June 2021. Campuses are responsible for publishing a clearly stated practice or process that ensures they are in compliance with the student credit hour definition.

Career Placement Policy

The Career Development Center may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow for the identification of any individual student. This information includes data concerning the average starting salary and the percentage of previously enrolled students who obtained employment. The information may include data collected from either graduates of the campus or graduates of all campuses in the California State University system.

Changes on 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 campus. It is not possible in a publication of this size to include all of the rules, policies and other information that pertain to students, the institution, and the California State University. More current or complete information may be obtained from the appropriate department, school, or administrative office. Nothing in this catalog shall be construed as, operate as, or have the effect of an abridgment 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 that apply to students. This catalog does not constitute a contract or the terms and conditions of a contract between the student and the campus or the California State University. The relationship of students to the campus and the California State University is one governed by statute, rules, and policy adopted by the legislature, the trustees, the chancellor, the presidents and their duly authorized designees.

Safety Checklist

In case of an emergency, students can dial “911” from campus pay phones for assistance. Blue light/yellow light emergency phones provide a direct line to the police dispatcher. Practice safety measures: be aware of who is nearby, never open the door without checking who is there, have car keys in hand and check inside the car before entering, use well-traveled routes well-lighted areas, and keep outside doors locked. During hours of darkness, the University Police Department will provide an escort on campus or to a nearby residence upon request. For more information, see the Class Schedule.

Service Learning Policy

Education at California State University, Fresno includes the opportunity to serve the people of California. This is partially accomplished by the link of academic study to community service. Service-learning is a method by which students learn and develop through active participation in organized service, which is conducted in and meets the needs of the community. This service is integrated into and enhances the academic curriculum and provides students with structured opportunities for critical reflection on their service experience. It also enhances students’ appreciation of themselves and societal and civic issues, as well as encourages students’ commitment to be active citizens throughout their lives.

Reservation to Deny Admission

The University reserves the right to select its students and deny admission to the University or any of its programs as the University, in its sole discretion, determines appropriate based on an applicant’s suitability and the best interests of the University.

Smoking Policy

As of September 1, 2017, Fresno State, is a tobacco-, smoke- and vapor-free campus. This policy has been adopted by all CSU campuses to improve the health and safety of all students, faculty, staff and visitors. The use of cigarettes, e-cigarettes, cigars, snuff, snus, water pipes, pipes, hookahs, chew, unregulated electronic nicotine delivery systems, and any other non-combustible tobacco products is prohibited.

More information is available online at www.fresnostate.edu/smokefree.

Student Complaint Procedure

Complaints Regarding the CSU. The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:

1. If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint on the Western Association of Schools and Colleges (WASC) website. WASC is the agency that accredits the CSU’s academic program.
2. If your complaint concerns an alleged violation by CSU of any law that prohibits discrimination, harassment or retaliation based on a protected status (such as age, disability, gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color, caste, or ancestry), religion or veteran or military status), you may present your complaint as described in Section XVI (Nondiscrimination Policy).
3. If your complaint concerns an alleged violation by the CSU of other state law, including laws prohibiting fraud and false advertising, you may present your claim to the campus president or designee: Dr. Carolyn Coon, Interim Vice President for Student Affairs and Enrollment Management, 559.278.2541. See Procedure for Student Complaints-Executive Order No.1063 for details regarding the complaint requirements and complaint process: https://calstate.policystat.com/policy/6591298/latest/.
4. Other complaints regarding the CSU may be presented to the campus dean of students [or other appropriate administrator],who will provide guidance on the appropriate campus process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the campus, or by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs (or designee) at the CSU Chancellor’s Office.

This procedure should not be construed to limit any right that you may have to take legal action to resolve your complaint.

If your complaint concerns an alleged violation by CSU of a state law, including laws prohibiting fraud and false advertising, you may present your claim to Interim Vice President for Student Affairs, Dr. Carolyn Coon, 559.278.2541. See Procedure for Student Complaints-Executive Order No. 1063 for details regarding the complaint requirements and complaint process: https://calstate.policystat.com/policy/6591298/latest/. Dr. Lamas will provide guidance on the appropriate campus process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the president or designee, or by WASC, you may file an appeal with the Associate Vice Chancellor, Academic Affairs at the CSU Chancellor’s Office. This procedure should not be construed to limit any right that you may have to take civil or criminal legal action to resolve your complaint.