Policies

PLEASE NOTE FINAL LANGUAGE IS PENDING RECEIPT OF THE 2025 - 2026 CHANCELLOR’S OFFICE MANDATORY CATALOG COPY.

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 university. The statute and regulations govern access to certain student records maintained by the campus and the release of those records. FERPA provides that the university must give a student access to most records directly related to the student, and must also provide opportunity to correct the records if the student believes the records are inaccurate, misleading, or otherwise inappropriate. The right to petition to correct a record under FERPA does not include any right to challenge the appropriateness of a grade determined by the instructor. FERPA generally requires the university to obtain a student’s written consent before releasing personally identifiable data pertaining to the student. The university 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 university 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: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

FERPA authorizes the university 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. Directory information is subject to change based on campus policy, APM 405. The campus may release this “directory information” unless the university has received prior written objection from the student specifying the information the student requests not be released. Written objections must be sent to the Office of the University Registrar. For additional questions or concerns, contact the Office of the University Registrar, Joyal Administration Building, Room 106 or visit the FERPA website.

FERPA authorizes the university to provide access to student records without prior student consent to campus officials, employees and others who have legitimate educational interests in such access. These persons include those with legitimate reasons to access student records to perform the university’s academic, administrative or service functions, and those with a reason for accessing student records associated with their university or other related academic responsibilities. Student records will also 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. The Financial Aid Office will also use it to report Federal Work Study earnings to the Federal Department of Education.

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. More information can be found on the Committee for the Protection of Human Subjects website https://academics.fresnostate.edu/humansubjects/index.html

CSU COVID-19 Vaccination Policy

COVID-19 vaccinations are recommended as a safety measure to help prevent serious illness, but CSU students and employees will no longer be required to be fully vaccinated. Students and employees are required to continue to comply with all other health and safety measures (e.g., COVID-19 surveillance testing, face coverings, physical distancing, etc.) established by the campus, or federal/state/local laws and regulations, as appropriate.

CSU Immunization Requirements

The CSU Immunization Requirements policy applies to undergraduate and graduate students, students matriculated in self-support degree programs, and K-12 students participating in concurrent enrollment courses entering the California State University (CSU) in or after fall 2023.

Immunization and Screening, Recommendations and Requirements are adopted from the American College Health Association (ACHA) Immunization Recommendations for College Studentsand the California Department of Public Health (CDPH) Immunization & Screening Recommendations for College Students.

See the CSU Immunization Requirements policy for more information regarding additional authorized discretionary requirements, academic program and fieldwork or clinical placement requirements, or immunization access.

NOTE: Any revisions of the CDPH recommendations for colleges and universities as of February 1, each year, will be reflected in CSU recommendations for the subsequent fall academic term.

Exemptions. A student may be exempted from any requirements in this policy as described below:

• Medical Exemption: due to a medical 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 religion, 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.

Required Immunization. Hepatitis B (Hep B) - Ages 18 and younger as per California law (HSC sections 120390-120390-7), enrollees who are 18 years of age or younger are required to provide proof of full immunization against the hepatitis B virus prior to enrollment.

Immunization and Screening Recommendations

The CSU recommends that students are current for the immunizations listed below. Immunizations and screening recommendations, and immunization schedules are linked above. Campuses should link to this policy to provide students with detailed immunization and screening recommendations.

Recommended Vaccines to Reduce Outbreaks

1. Influenza Vaccine
2. Measles, Mumps and Rubella (MMR) Vaccine
3. Meningococcal Conjugate (Serogroups A, C, Y, W-135) Vaccine
4. Serogroup B Meningococcal Vaccine
5. Tetanus-Diphtheria-Pertussis (Tdap) Vaccine
6. Varicella (Chickenpox) Vaccine

Other Vaccines Recommended for Adults

1. Hepatitis A (Hep A) Vaccine
2. Hepatitis B (Hep B) Vaccine - Ages 19 and older
3. Human Papillomavirus (HPV) Vaccine
4. Pneumococcal Vaccine
5. Polio Vaccine

Recommend Screening

1. Tuberculosis Screen/Risk Assessment (TB)

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

To comply with this overarching goal, Fresno State 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 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 Student Health Center, 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 may include travel to other countries; prior positive TB test; or exposure to someone with active TB disease.

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. Please note that you will not be able to submit proof of immunizations until you have created your Fresno State student email account.

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 can submit a request for a free Fresno State e-mail account by going to my.fresnostate.edu and clicking on the “Request a New Account ” button. 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 Service Desk 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.

The 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 the Interim CSU Nondiscrimination Policy 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. Anne Githae, AVP of Compliance and Civil Rights, 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 occr@mail.fresnostate.edu and 559.278.5003. The Interim CSU Nondiscrimination Policy-Student Respondent Procedures  (or any successor procedure) is the systemwide procedure for all complaints or discrimination, harassment or retaliation made against other CSU students. The Interim CSU Nondiscrimination Policy-Employee or Third-Party Respondent Procedures  (or any successor procedure) is the system wide 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 Nondiscrimination Policy- 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. Julie Irwin, HR Manager, has been designated to coordinate the efforts of Fresno State to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to this person at julie@csufresno.edu and 559.278.2125. The Interim CSU Nondiscrimination Policy-Student Respondent Procedures(or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against, other CSU students. The Interim CSU Nondiscrimination Policy-Employee or Third-Party Respondent Procedures r 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, Pregnancy and Sexual Orientation

The California State University does not discriminate on the basis of gender (or sex), gender identity (including nonbinary and transgender)   gender expression, pregnancy and 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. Maxwell Hill, Deputy Title IX Coordinator,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 occr@mail.fresnostate.edu and 559.278.5003. The California State University is committed to providing equal opportunities to all CSU students in all university programs, including intercollegiate athletics. The Interim CSU Nondiscrimination Policy-Student Respondent Procedures or Track 1 (Federal Mandated Hearing Process)  any successor procedure) arethe systemwide procedures for all complaints of discrimination, harassment or retaliation made against other CSU students.The Interim CSU Nondiscrimination Policy-Student Respondent Procedures or Track 1 (Federal Mandated Hearing Process) (or any successor procedure) are the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party).

1. Track 1 ( Federal Mandated Hearing Process) applies to Complaints against a Student, Employee, Third Parties, and/or Student-Employees where the alleged conduct: 
   1. Meets the definition of Sexual Harassment as defined in Article V.B of the Nondiscrimination Policy (also defined in Track 1, Article II.K); and  
   2. Occurred in the United States; and  
   3. Occurred in an education program or activity at the university, as defined in Track 1, Article II.E. 

As a matter of federal and state law and California State University policy, the following types of conduct are prohibited:

Discrimination

1. Discrimination is conduct that causes harm to a Complainant based on their actual or perceived Protected Status within the CSU’s educational programs, activities, or employment which results in the denial or limitation of services, benefits, or opportunities provided by the CSU. Under the CSU Nondiscrimination Policy, the definition of Discrimination includes:
   • Different Treatment Discrimination: Different Treatment Discrimination occurs when the Complainant is: 1) treated less favorably; 2) than other similarly situated individuals under similar circumstances; 3) because of the Complainant’s actual or perceived Protected Status; and 4) not for a legitimate, nondiscriminatory reason. Insignificant or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant do not constitute “Different Treatment Discrimination.”  
   • Under this Nondiscrimination Policy, discrimination in employment includes any adverse employment action or conduct that is reasonably likely to impair the Employee’s job performance or prospects for advancement or promotion.  
   • An allegation that an Employee is receiving unequal pay because of their Protected Status (for example, under the California Equal Pay Act) constitutes a Discrimination Complaint under this Nondiscrimination Policy.  

Harassment

2. Harassment means unwelcome verbal, nonverbal or physical conduct engaged in because of an individual Complainant’s Protected Status. Harassment includes, but is not limited to, verbal harassment (e.g., epithets, derogatory comments, or slurs), physical harassment (e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement), and visual forms of harassment (e.g., derogatory posters, cartoons, drawings, symbols, or gestures.). Single, isolated incidents will typically be insufficient to rise to the level of Harassment. 

Harassment may occur when:  

• Submitting to, or rejecting, verbal, nonverbal, or physical conduct is explicitly or implicitly a basis for:  
• Any decision affecting a term or condition of the Complainant’s employment; or   
• 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  
• The conduct is sufficiently severe or pervasive so that its effect, whether intended or not, could be considered by a reasonable person under similar circumstances and with similar identities, and is in fact considered by the Complainant, as creating an intimidating, hostile, or offensive work or educational environment that denies or substantially limits an individual’s ability to participate in or benefit from employment and/or educational, services, activities, or other privileges provided by the CSU. 

Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

• The frequency, nature, and duration of the conduct;   
• Whether the conduct was physically threatening;  
• Whether the conduct arose in the context of other discriminatory conduct or other misconduct;  
• The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities, or employment;  
• The Parties’ ages, roles within the CSU’s educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and  
• Other Harassment in the CSU’s educational programs, activities, or employment.  

3. 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 any other conduct of a sexual nature. There are two kinds of Sexual Harassment:  

Quid pro quo: Quid pro quo is Latin for “this for that” and occurs when an Employee, agent, or other person in a position of power conditions an employment or educational benefit or service on submission to sexual advances or other conduct based on sex. Quid pro quo harassment exists when submitting to, or rejecting, the verbal, nonverbal or physical conduct is explicitly or implicitly a basis for:  

• Any decision affecting a term or condition of the Complainant’s employment; or   
• 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
• Hostile environment harassment is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and so severe, persistent, or pervasive that it limits or denies the Complainant’s ability to participate in or benefit from the CSU’s educational programs, activities, or employment. Hostile environment harassment must either:
  • Create an intimidating, hostile or offensive work environment; or
  • Limit a Student’s ability to participate in or benefit from the services, activities, or opportunities offered by the University. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
    • The frequency, nature, and duration of the conduct;
    • Whether the conduct was physically threatening;
    • Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
    • The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities, or employment;  
    • The Parties’ ages, roles within the CSU’s educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
    • Other Sexual Harassment in the CSU’s educational programs, activities, or employment. 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 content; 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 of Sexual Harassment.  

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.

1. 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.
2. Sexual Misconduct includes, but is not limited to, the following conduct:
   • 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.
3. Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.
4. 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.
5. 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 means an agreement to engage in sexual activity that is informed, affirmative, conscious, voluntary, and mutual. Affirmative Consent must be given freely and without coercion, force, threats, intimidation, or by taking advantage of another person’s incapacitation. 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 is given by clear words or actions. Affirmative consent includes knowledge and agreement to engage in the specific sexual activity.
• Affirmative Consent must be ongoing throughout a sexual activity and can be withdrawn or revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked and clearly communicated, 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.
• Affirmative Consent cannot be inferred from an existing or previous dating, social, or sexual relationship between the Parties.
• Silence does not mean there is Affirmative Consent.
• Lack of protest or resistance does not mean there is 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 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.

Incapacitation: A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions about whether or not to engage in sexual activity. A person with a medical or mental disability may also lack the capacity to give consent. Incapacitation exists when a person could not understand the fact, nature, or extent of the sexual activity. 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; or
• The person was unable to communicate due to a physical or mental 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.
• Whether an intoxicated person (as a result of using alcohol, drugs, or medication) is incapacitated will require an individualized determination about 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. The level of intoxication may change over a period of time based on a variety of individual factors, including the amount of substance consumed, speed of intake, body mass, height, weight, tolerance, food consumption, drinking patterns, and metabolism. 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.
• Incapacitation due to alcohol, drugs or medication is a state of intoxication that is so severe that it interferes with a person’s capacity to make informed and knowing decisions. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or what is happening. Signs that a person may be incapacitated due to the influence of drugs, alcohol, or medication include, but are not limited to, the following:
• slurred speech or difficulty communicating clearly;
• clumsiness or lack of physical coordination (e.g., difficulty standing or walking without assistance);
• impaired motor skills (e.g., eating, drinking, texting);
• disorientation regarding time and place;
• difficulty concentrating;
• vomiting;
• combativeness or emotional volatility; or
• sleeping, unconsciousness, or going in and out of consciousness.
• Incapacitation may also include memory impairment or an inability to recall entire or partial events (sometimes referred to as “black-out” or “brown-out”). A person may experience this symptom while appearing to be functioning “normally,” including communicating through actions or words that can reasonably and objectively be interpreted as communicating consent to engage in sexual activity. Total or partial loss of memory alone may not be sufficient, without additional evidence, to prove that an individual was incapacitated under this Policy. Whether sexual activity under these circumstances constitutes Prohibited Conduct depends on the presence or absence of the outwardly observable factors indicating that an individual is incapacitated, as described above.
• In evaluating Affirmative Consent in cases involving incapacitation, the CSU considers the totality of available information in determining whether a Respondent knew or reasonably should have known that the Complainant was incapacitated.

Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:  

• The prostituting of another person.  
• The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion.  
• The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.  
• The distribution of images, including video or photographs, or audio of another person’s sexual activity or private body parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure. This includes distribution of digitally altered or artificial-intelligence-generated images, video, and audio.  
• The viewing of another person’s sexual activity or private body parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.

Dating Violence and Domestic Violence

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

1. Who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship.
   2. The type of relationship.
   3. 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. Domestic violence also includes acts against a Minor or adult victim who is protected from those acts under the family or domestic laws of the state.  

Stalking

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

A Prohibited Consensual Relationship includes consensual sexual or romantic relationships between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.

1. A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.  
2. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking subject to this Nondiscrimination Policy.  
3. It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.  
4. Examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member. 

Retaliation

Retaliation is intimidation, coercion, or discrimination against any individual for the purpose of interfering with their exercise of any rights under this Nondiscrimination Policy by:

• Reporting or filing a Complaint;
• Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
• Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
• Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
• Assisting someone else in reporting or opposing a violation of this Nondiscrimination Policy or assisting someone else in reporting or opposing Retaliation under this Nondiscrimination Policy.
  • For purposes of this definition, Retaliation includes conduct that would discourage a reasonable person from reporting or participating in a process provided for in this Policy, including threats, intimidation, coercion, reprisals, discrimination, and adverse employment or educational actions.
  • Peer Retaliation, which is defined as Retaliation by one Student against another Student, is also prohibited.
  • Retaliation may occur even when there is not a power or authority differential between the individuals involved.
  • The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this definition.
  • Good faith actions lawfully pursued in response to a Complaint, such as gathering evidence, providing Supportive Measures, or disciplining Students or Employees found to be in violation of this Nondiscrimination Policy, without more, are not considered Retaliation. 

Track 1 Prohibited Conduct Definitions

1. Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:
   1. An Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
   2. 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.
2. Sexual Assault includes the following:
   1. 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.
   2. 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.
   3. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   4. 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 under Article VII.A.3 above.
3. Dating Violence means physical violence or threat of physical violence committed by a person:
   1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
   2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
      1. The length of the relationship.
      2. The type of relationship.
      3. The frequency of interaction between the persons involved in the relationship.
4. 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.
5. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   1. fear for their safety or the safety of others; or
   2. suffer substantial emotional distress.

See further information in Fresno States 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://occr.fresnostate.edu/.

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 university Title IX Coordinator is available to explain and discuss the university’s complaint process, including the investigation and hearing process; the availability of reasonable supportive measures (both on and off campus regardless of whether the person chooses to report the conduct); the right to file a criminal complaint (for example, in cases of sexual misconduct); how confidentiality is handled; 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:

1. NAME: Anne Githae, Title IX Coordinator
2. EMAIL ADDRESS: occr@mail.fresnostate.edu 
3. PHONE: (559) 278-2026
4. ADDRESS: 5280 N. Jackson Ave., Fresno, CA, 93740
5. OFFICE HOURS: 8:00 AM to 5:00 PM

FRESNO STATE POLICE DEPARTMENT

1. NAME: Anthony T. Martinez, Chief of Police
2. EMAIL ADDRESS: occr@mail.fresnostate.edu 
3. PHONE: (559) 278-8400
4. ADDRESS: 2311 E. Barstow Ave., Fresno, CA 93740

Title IX requires the university to adopt and publish complaint 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. The Interim CSU Nondiscrimination Policy - Student Respondent Procedure  (or any successor policy) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against, other CSU students. The Interim CSU Nondiscrimination Policy - Respondent Procedure of Track 1 (Federal Mandated Hearing Process (or any successor procedures) are the systemwide procedures 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 university 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 university 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 (National Headquarters); or (800) 877-8339 (TDD) or ocr@ed.gov (National Headquarters) or (415) 486-5555 (California office), or ocr.sanfrancisco@ed.gov (California office)

If you wish to fill out a complaint form online with the OCR, you may do so using the OCR Electronic Complaint Form.

Safety of the University Community is Primary

The university’s primary concern is the safety of its university community members. The use of alcohol or drugs never makes the victim at fault for gender discrimination, harassment or sexual misconduct; therefore, victims should not be deterred from reporting incidents of sexual misconduct out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual misconduct shall not be subject to discipline for related violations of the Student Conduct Code.

Information Regarding University, 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 CSU Nondiscrimination Policy-Student Respondent Procedures for complaints made against a student and the California State University and Student Conduct Procedures  (see the Student Conduct Procedures Policyor any successor policy) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include but not be limited to: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.

Confidentiality and Sexual Misconduct, Dating Violence, Domestic Violence and Stalking

The university encourages victims of sexual misconduct, dating violence, domestic violence or stalking to talk to someone about what happened - so they can get the support they need, and so the university can respond appropriately.

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 retaliation 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 the health practitioner provides medical services for a physical condition to a patient/victim who the health practitioner 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 reports to local or university police about sexual misconduct crimes, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. 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. The university is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the university will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.

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 university 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 university 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 the Interim CSU Nondiscrimination Policy (or any successor policy)  for further details around confidential reporting, and other related matters.

Additional Resources

Fresno State’s sexual misconduct violence prevention and education statement, which includes facts and myths about sexual misconduct violence, at https://occr.fresnostate.edu/.

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 headquarters

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

1. Domestic and Family Violence, Office of Justice Programs, United States Department of Justice: Intimate Partner Violence
2. National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
3. National Domestic Violence Hotline Website and phone number 1-800-799-SAFE (7233)
4. Office of Violence against Women, United States Department of Justice
5. Centers for Disease Control and Prevention: Intimate Partner Violence

Office of Compliance and Civil Rights

Anne Githae, AVP of Compliance and Civil Rights Title IX Coordinator

University Student Union Suite 316, 5280 N. Jackson Avenue M/S SU71, Fresno, CA 93740

Office Hours:  8:00 AM - 5:00 PM

Email: agithae@csufresno.edu 

Telephone: 559.278.5003

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 body association fee and a student body center fee, may be established. A student body 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 university president may adjust the student body 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 university president containing the signatures of 10 percent of the regularly enrolled students at the university. Student body association fees support a variety of cultural and recreational programs, childcare centers, and special student support programs. A student body center 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 89304). Once bonds are issued, authority to set and adjust student body 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 university 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 Tuition and Fee Policy, Sections III & IV (or any successor policy). The university 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 university 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 university 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 csubudgetoffice@calstate.edu or 562.951.4560.

Student Conduct

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

University Community Values. The university is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the university 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 university 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:
   1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
   2. Furnishing false information to a university official, faculty member, or university office.
   3. Forgery, alteration, or misuse of a university document, key, or identification instrument.
   4. 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 pedestrians 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 university 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:
    1. Unauthorized entry into a file, for any purpose.
    2. Unauthorized transfer of a file.
    3. Use of another’s identification or password.
    4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
    5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
    6. Use of computing facilities and resources to interfere with normal university operations.
    7. Use of computing facilities and resources in violation of copyright laws.
    8. Violation of a university computer use policy.
16. Violation of any published university policy, rule, regulation or presidential order.
17. Failure to comply with directions or, or interference with, any university official or any public safety officer while acting in the performance of their 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:
    1. Falsification distortion, or misrepresentation of information related to a student discipline matter.
    2. Disruption or interference with the orderly progress of a student discipline proceeding.
    3. Initiation of a student discipline proceeding in bad faith.
    4. Attempting to discourage another from participating in the student discipline matter.
    5. Attempting to influence the impartiality of any participant in a student discipline matter.
    6. Verbal or physical harassment or intimidation of any participant in a student discipline matte
    7. 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.

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 university 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.

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 the California State University Student Conduct Procedures Policy (Revised October 06, 2023).

Disposition of Fees

Title 5, California Code of Regulations, § 41302. Disposition of Fees: University Emergency; Interim Suspension. The president (or president’s designee) of the university 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 the student is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which the student is suspended, no additional tuition or fees shall be required of the student on account of the suspension

During periods of emergency, as determined by the president of the individual university, 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 (or president’s designee) 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 of the CSUs 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.

Policy and Procedures on cheating and Plagiarism

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 credit hour policy and procedures. It does require WSCUC to review the institution’s definition of credit hour and an institution’s 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:

1. 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, practice, studio work and other academic work leading to the award of credit hours; and
2. 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 asynchronously, 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 CSUs 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. Universities are responsible for publishing a clearly stated practice or process that ensures they are in compliance with the student credit hour definition.

Career Placement

The Career Services Center and/or Center for University Advancement 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. 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 graduates of the university or graduates of all universities 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 university. 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 university. 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 university or the California State University. The relationship of students to the university 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 learn and grow through serving the people of California. This is partially accomplished by linking academic study to community service in what is known as service-learning. 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 of a given course 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

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 (CSU) 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 (physical or mental), gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color, caste, or ancestry), religion (or religious creed) or veteran or military status), you may present your complaint as described in Section XVI (Interim Nondiscrimination Policy). Policy link https://calstate.policystat.com/policy/17647883/latest
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. Phong Yang, Interim Vice President for the Division of Student Affairs and Strategic Enrollment Management, 559.278.2541. See The Student/Applicant Complaint Procedure for Alleged Violations of State Law Not Covered by Another CSU Complaint Procedure-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 university Dean of Students,Terree Stevenson [or other appropriate administrator], who will provide guidance on the appropriate university 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 university, 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 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.

Procedure For the 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 body association fee and a student body center fee, may be established. A student body 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 university president may adjust the student body 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 university president containing the signatures of 10 percent of the regularly enrolled students at the university. Student body association fees support a variety of cultural and recreational programs, childcare centers, and special student support programs. A student body center 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 89304). Once bonds are issued, authority to set and adjust student body 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 university 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 Tuition and Fee Policy , Sections III & IV (or any successor policy). The university 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 university 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 university 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 csubudgetoffice@calstate.edu or (562) 951-4560.