Students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of the University, or upon off-campus grounds or facilities maintained by affiliated student organizations, are required by law to be advised of specified information, to include treatment, related campus procedures, referral options, and other assistance which may be available [California Education Code, Section 67385]. This policy is designed to provide the written procedures and information required.
Rape, including acquaintance rape, or any other form of sexual assault, will not be tolerated by California State University, Long Beach. Where there is evidence that campus-related sexual assault has been committed, severe campus disciplinary action will be initiated. Such campus disciplinary action may include, after due process, the possibility of dismissal, suspension or disenrollment. Additionally, where the victim initiates criminal action, the perpetrator is subject to criminal penalties which may include fines and imprisonment.
The term “sexual assault” includes, but is not limited to, rape, acquaintance rape, sexual battery, forced sodomy, forced oral copulation, rape by a foreign object, or threat of sexual assault [California Education Code, Section 67385(d)].
Rape is a criminal offense. “Rape” is generally defined as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under specified circumstances. For example, it may involve the use or threat of force, violence, retaliation, or fear of or actual immediate and unlawful bodily injury. Rape also occurs when the victim is incapable of giving legal consent, for example, when: a) the victim has a mental disorder, or is developmentally or physically disabled; or b) the victim is prevented from resisting the assault due to intoxicating substances (e.g. alcohol or drugs); or c) the victim is unconscious of the nature of the act, and such condition was known or reasonably should have been known to the accused (Reference: California Penal Code, Section 261, and the following sections). Spousal rape is also prohibited under the "Spousal Rape" provisions of the California Penal Code, Section 262.
“Acquaintance Rape” is forced sexual intercourse undertaken by someone the victim knows, against the will of the victim or as a result of threats, force or fear.
“Sexual Battery” is defined as the touching of an intimate part of another person, if the person is unlawfully restrained and if the touching is against the will of the person touched, for the purpose of sexual arousal, sexual gratification, or sexual abuse [Reference: California Penal Code, Section 243.4 (e) (i)].
“Assault with intent to commit a sexual battery” is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury (e.g., rape) or sexual battery on the person of another. (Reference: California Penal Code, Section 220; 240; 261; and following sections).
“Consent” is defined as positive cooperation in an act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating or marital relationship is not sufficient to constitute consent where, under specified conditions, consent is at issue [Reference: California Penal Code, Section 261.6; 266(c)].
“Unlawful Sexual Intercourse with a minor” is an act of sexual intercourse accomplished with a person not the spouce of the perpetrator, where the person is under the age of 18 years (California Penal Code, Section 261.5).
Any person who willfully and lewdly commits any lewd or lascivious act upon or with the body or any part of a child under the age of 14 years with the intent of arousing, appealing to, or gratifying the sexual desires or passions of either the child or defendant is guilty of a felony. Any person who commits any act in the previous sentence with a person 14 or 15 years old, and the defendant is at least 10 years older than the child is guilty of a public offense (California Penal Code, Section 288). Any person who intentionally gives, transports, provides, persuades or makes available to another a child under age 16 for lewd or lascivious acts is guilty of a felony, punishable by fine and imprisonment [California Penal Code, Section 266(j)]. Every person who annoys or molests any child under the age of 18 is punishable by fine and imprisonment, or both fine and imprisonment (California Penal Code, Section 647.6).
California State University, Long Beach views seriously its obligation to uphold the laws of the larger community of which it is a part. An association with the University does not exempt a person from local, state, or federal laws, but rather imposes the additional obligation to abide by all of the rules and regulations of the California State University.
A student charged with a sexual abuse or sexual assault or sexual battery violation which is campus-related may be subject to prosecution under appropriate California criminal statutes, as well as being subject to student discipline under the Student Conduct Procedures (Reference: Chancellor’s Executive Order 970, “Student Conduct Procedures”; and Title V, California Code of Regulations, Section 41301-41302, “Student Discipline”).
Employees charged with a sexual abuse violation which is campus-related may be subject to prosecution under appropriate California criminal statutes, as well as being subject to discipline under the California Education Code, Sections 89535-89540. Such campus disciplinary action for employees may include demotion, suspension, or dismissal.
Persons involved in, or possessing knowledge of, a campus-related abuse violation are strongly encouraged to notify University Police immediately. University Police may be contacted by:
An officer will be dispatched and will assist the victim to a medical facility for medical care and collection of evidence. An officer will assist the victim with a police report should the victim desire to make one. An officer will remain available to the victim until a friend or relative can be located.
The University Police Department can not hold reports of crime in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other CSU campus security authorities identified as the following:
1. Associate Vice President for Student Services
(562) 985-5587, Brotman Hall 377
2. Director, Counseling and Psychological Services
(562) 985-4001, Brotman Hall 226
3. Director, Student Health Services
(562) 985-4771, Student Health Center
4. Director, Staff Human Resources
(562) 985-4031, Brotman Hall 335
5. Director, Equity and Diversity
(562) 985-8256, University Student Union 301
6. Director, Judicial Affairs
(562) 985-5270, Brotman Hall 377
7. Director, Women’s Resource Center
(562) 985-8576, Liberal Arts 3, Rm. 105
8. Director, Housing and Residential Life
(562) 985-4187, Housing Office
9. Director, Athletics
(562) 985-4655, Pyramid Annex
Alternatively, one may anonymously report a crime to the above listed campus authorities. Each respective unit or person contacted will be responsible for reports, as may require by law, to be filed for their respective unit, e.g. violations under the Child Abuse Reporting Law, Jeanne Clery Act or Meagan’s law.
Access crime statistics for CSULB: These are mandated statistics known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Hard copies of this brochure may be obtained from CSULB Police Department’s main station located on the southern end of parking lot 11, 1250 Bellflower Blvd, or from the police substation located in the University Student Union room, 237. This report is also available on the University Police web site at http://daf.csulb.edu/offices/ppfm/police, and can be downloaded in the PDF format. This report is prepared in cooperation with the Police agencies surrounding our main campus and our alternate sites, Housing and Residential Life, the Judicial Affairs Office and the Division of Student Services. Each entity provides updated information on their educational efforts and programs to comply with the Act.
The following are among the options available to a victim and more than one option may be exercised:
In the event there are requests for information from the press, concerned students, parents, and others, prudence will be exercised, and when required by law, confidentiality will be maintained. When appropriate, only the Department Director (for matters strictly within the Director’s purview), or the University Director of Public Affairs (for inquiries by the media), will respond.
Victims are advised that there could likely be a need to identify both the victim and the assailant in the course of investigation and hearings under University student disciplinary proceedings, as well as under employee disciplinary proceedings, or criminal prosecutions. In the case of student disciplinary actions against an assailant, the victim is required to be promptly notified by the Director, Judicial Affairs of the status of the proceedings, and the general terms of the disposition.
Persons are reminded of the importance of preserving such evidence as may be necessary to the proof of criminal sexual assault. With respect to sexual assault involving student discipline, both the accused and the accuser are entitled to have an advisor present during a campus disciplinary proceeding, and to be informed of the outcome of the campus student disciplinary proceeding. Student victims of sexual assault may request changes in academic and living arrangements precipitated by the offense where such changes are reasonably available.
Sexual assault violations often result in physical harm, psychological harm, or both. Even if the victim decides not to report the incident to authorities, it is urged that the victim seek medical and counseling assistance for potential emotional trauma and the possibility of sexually transmitted diseases.
Additionally, referrals are available through the following non-university agencies:
Also, the center of Counseling and Psychological Services office maintain lists of referrals within the community which deal with the issues of rape and sexual assault crisis, including legal, medical, and therapeutic support services. The phone number for the University Counseling and Psychological Services office is (562) 985-4001.
A person who has sustained physical injury as a direct result of a crime of violence, or is legally dependent for support upon a person who has sustained physical injury or death as a direct result of a crime of violence (or, in the event of a death caused by a crime of violence, has legally assumed or voluntarily paid the medical or burial expenses incurred as a direct result thereof) may qualify for indemnification by the State of California for the out-of-pocket wages, medical and/or burial expenses incurred as a result of the crime (California Government Code, Section 13900, et seq.). Claims must be filed with the State Board of Control for the State of California. The Statute provides that, absent certain extenuating circumstances, a claimant has one year from the date of the crime to file his or her claim with the State Board of Control. For further information regarding this program, contact:
University Police - CSU, Long Beach, 1250 Bellflower Blvd., Long Beach, CA 90840, Telephone: (562) 985-4101
Los Angeles District Attorney - Telephone: (800) 380-3811
State of California - Victim Compensation Program, P.O. Box 3036, Sacramento, CA 95812-3036, Telephone: (800) 777-9229, Hearing impaired, please call the California Relay Service at (800) 735-2929, Email: firstname.lastname@example.org