|1.0||The university shall facilitate the prevention, assessment, early intervention, and treatment of problems arising from alcohol abuse and the use of illegal drugs, and it shall enforce with appropriate disciplinary actions university policy and applicable local, state, and federal law.|
||Prohibitions and Restrictions
||Enforcement and Sanctions
||Prevention and Treatment
Introduction:Copyrights are used to protect the rights of creators of a diverse group of products ranging from traditional literary, musical, artistic, and dramatic works to lecture notes, multimedia classroom productions, and computer software. This policy shall be flexible and adaptable.
|"assignment of rights"||a transfer of rights under copyright by the owner to the university, a publisher, or any other individual, agency or corporate entity. A transfer of copyright ownership shall not be valid unless it is in writing.|
|"author" or "creator" (synonymous)||one who produces a copyrightable work and is the initial owner of the copyright in the work, except a “work made for hire.” Authors of a “joint work” shall be co-owners of the copyright in the work. Unless otherwise assigned, the author of a contribution to a “collective work” shall be the owner of the copyright in the separate contribution as distinguished from the copyright in the collective work.|
|"auxiliary"||The official auxiliaries of San Diego State University shall be Aztec Shops, San Diego State University Research Foundation, Campanile Foundation, and the Associated Students.|
|"auxiliary resources"||funds and material resources, regardless of the sources, that are administered under the control, responsibility, or authority of the President of San Diego State University and the boards of directors of the designated auxiliaries.|
|"contractual agreement"||an enforceable agreement between the university and individuals or parties.|
|"copyright"||a legal right to protect certain original works of authorship that are fixed in any
tangible form of expression from unauthorized reproduction, sale or other transfer,
display, performance, or preparation of a derivative work. Copyright protection shall
extend to but not be limited to the following works:
|"copyright notice"||For visually perceptible copies, the copyright notice should contain
|"derivative work"||a work based upon one or more existing works. It is created when one modifies by annotation, editing, translating, or otherwise significantly changing the contents of a work. Only the copyright owner shall have the right to make derivative works. Anyone who creates an unauthorized derivative work, including a user who downloads a copyrighted file, may be liable if the unauthorized derivative work is reproduced, distributed, publicly performed, or publicly displayed.|
|"duration of copyright"||term of copyright registration. For a work created on or after January 1, 1978, it shall be automatically protected from the moment of its creation and shall be terminated 70 years after the death of the author. For a joint work the term lasts for 70 years after the last surviving author’s death. For “works made for hire” and both anonymous and pseudonymous works, the duration of copyright shall be 95 years from publication or 125 years from creation, whichever is shorter.|
|"employee"||University employees shall include full-time and part-time faculty, classified staff, student employees, appointed personnel, graduate assistants and teaching associates, persons with “no salary” appointments, and shall also include visiting faculty and academic professionals who develop intellectual property using university or auxiliary resources and facilities unless there is an agreement providing otherwise. Persons who are not such university or auxiliary employees and who come to the university as guest lecturers or to teach colloquia, seminars, or short courses shall not be considered university employees in their teaching and classroom activities unless an agreement provides otherwise.|
|"fair use"||a use of copyrighted material permitted by law even though no express authorization is granted by the copyright owner as long as the use is for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Demonstration of such a purpose shall not by itself be sufficient to sustain a claim that the use is “fair.” Fair use shall be determined by the following statutory criteria: “(1) the purpose and character of the use; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for the value of the copyrighted work” (U.S. Copyright Act, 1976, sec. 107).|
|"infringement"||except for fair use and other specifically permitted exceptions, exercise without permission of rights granted by law to the copyright owner; for example, when a material portion of a copyrighted work is copied or is commercially exploited without such permission.|
|"institution" or "university"||San Diego State University and its auxiliaries.|
|"institutional support"||resources associated with the creation, production, or distribution of a copyrighted work provided by either San Diego State University or its auxiliaries.|
|"intellectual property"||ideas, products, processes, and resultant communications that can be protected by law from unauthorized exploitation. This shall encompass copyrights, patents, trademarks, trade secrets, technical data, or know-how.|
|"license"||that which provides for a contractual relationship in which a copyright owner grants permission for use of the copyrighted material. An “exclusive license” shall provide an agreement by the licensor not to license any other person to exploit the licensed intellectual property and also that the licensor or his agents will not exploit the licensed property. A “sole license” shall reserve the right of the licensor to use or sell the licensed property. A “nonexclusive license” shall allow the licensor to grant other licenses to the intellectual property.|
|"material"||all copyrightable works including but not limited to writings, lectures, musical or dramatic compositions, sound recordings, films, videotapes, and other pictorial reproductions, computer programs, listings, flow charts, manuals, codes, instructions, and software.|
works not protected by copyright as follows:
the party or parties who own(s) or control(s) rights to copyrightable material.
|"public domain"||material is said to be in the public domain if it is not protected by common law or statutory copyright and is therefore available for copying without infringement.|
|"publication"||sale, lease, loan, giving away, or otherwise making available to the public the original or tangible copies of a work|
|"San Diego State University resources"||funds and material resources, regardless of the source, administered under the control, responsibility or authority of both the President of the university and the State of California.|
|"trademarks," "trade names," and "service marks"||A trademark shall be any word, name, symbol, or device, or combination of these, adopted and used by a manufacturer or merchant to identify its goods and to distinguish them from those manufactured or sold by others. A trade name shall be the name of a business, corporation, company, etc., that distinguishes one business entity from another. If the mark is used to identify a service, it shall be classed a service mark. In general, trademarks appear on products and service marks appear in advertising. The first user of a mark generally shall have the right to exclude subsequent users from adopting a similar mark on similar goods or services.|
|"trade secret"||in California and defined by statute, “information, including a formula, pattern, compilation, program, device, method, technique or process, that derives independent economic value from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” A trade secret shall not be claimed on something that may be readily available by reverse engineering or disassembly. A trade secret shall be kept secret and shall give its owner a competitive advantage over those who do not have access to the secret. Other forms of intellectual property shall be protected via disclosure. Whether particular information constitutes a legally protectable “trade secret” shall be determined through litigation, and misappropriation of a “trade secret” shall be the basis for civil and criminal action.|
|"work made for hire"||a specifically ordered or commissioned work or a work prepared by an employee within the scope of employment. In such cases, the employer shall be considered the legal author and owns all of the rights in the copyright unless otherwise expressly agreed in writing.|
|3.1.||Those who engage in scholarship and creative activity shall have specific privileges and responsibilities associated with the products of such work. San Diego State University shall subscribe to the general principle that the results of scholarship and creative work shall be the property of those who originate them and who therefore have the right of copyright or final disposition of their work. Such property rights, however, shall be defined in relation to all of the resources contributed by persons, institutions, and agencies involved in the scholarship and development of the creative work.|
|3.2.||Institutional support shall refer to both state and auxiliary resources. In institutional support for scholarship and creative activities, auxiliary resources shall be disbursed through the San Diego State University Research Foundation. Nothing in this policy should be construed as affecting the current legal relationship between San Diego State University and its auxiliaries as set forth in the Operating Agreement Between Trustees of The California State University and San Diego State University Research Foundation.|
|3.3.||The university shall facilitate creative activities among its faculty and students
and shall make its facilities available for such purposes. Where use of university
resources has been made in the creation of copyrightable works, the university may
exercise its right to participate in the management, protection, and marketing of
such works. The assignment of property rights between the institution and its employees
shall depend upon the nature and degree of institutional support devoted to the creation
of the copyrightable work. Institutional support for an employee’s project yielding
copyrightable results shall be classified under one of four categories:
as defined and specified below.
|3.4.||Works of intellectual property created at San Diego State University that are both copyrightable and patentable shall be governed by the terms of the San Diego State University Patent Policy|
|3.5.||Intellectual property developed by students as a result of classwork is ordinarily
owned by the students with following exceptions:
|3.6.||Ordinarily the author of a thesis or dissertation completed at San Diego State University shall hold the copyright to the manuscript, but that right shall not automatically extend to the data used in developing the manuscript or to subsequent publications based on that data.|
|4.1.||The university shall protect and shall not infringe on the copyrights of others within or without the university community. Use of copyrighted works without permission of the owner may subject the user and the university to liability from an infringement action or other possible causes of action. Administration, faculty, staff, and students shall restrict their use of copyrighted materials according to university policies, university guidelines, applicable statutes, and relevant court decisions.|
|4.2.||Neither shall the rights of copyright owners be exclusive, nor shall permission be
necessary for every use. Exceptions to the exclusive rights of copyright owners shall
include inter alia
|4.3.||The university shall encourage use of copyrighted materials either through acquiring the permission of the copyright owner or under one of the legitimate exceptions outlined in sec. 4.2. (See also “Fair Use of Copyrighted Works: A Crucial Element in Educating America,” The Trustees of The California State University .)|
|5.1.||Trade or service marks relating to goods or services distributed by the university and its auxiliaries shall be owned by the university or the auxiliary. Examples include names, symbols, logos, seal, mascot, or other logos used with university activities and events.|
|5.2.||It shall be inappropriate to use without permission the name of the university or any of its auxiliaries with any activity not sponsored or authorized by the university.|
|5.3.||Requests to license university trademarks should be addressed to the Vice President for Business and Financial Affairs. Requests to license trademarks owned or affiliated with any of the university’s auxiliaries should be addressed to the General Manager’s office of the auxiliary.|
Trade Secrets:Certain technologies may be licensable to industry as trade secrets. Use of trade secret protection may be approved by the university but should be used rarely. However, if public disclosure will inhibit a company’s willingness to invest the necessary funds for product development and commercialization, the university, in consultation with the employee, may license the subject intellectual property as a trade secret.
|6.1.||Knowledge formalized as a trade secret cannot be disclosed in any open scientific forum as long as it maintains legal trade secret status.|
|6.2.||Intellectual property falling within this category shall be treated with regard to licensing and income sharing as are other patented technologies and copyrighted works.|
Authorized Contracting Officer:The Vice President for Research and Innovation, acting for the President of the university, shall be designated the institutional officer responsible for matters involving intellectual property. The officer may designate other managers or directors of auxiliaries or units of the institution to act on his or her behalf. After consultation with the University Copyrights and Patents Committee and the college dean involved, the Vice President or designee may
San Diego State University Research Foundation:Pursuant to the Operating Agreement between the Trustees of the California State University and the San Diego State University Research Foundation, the San Diego State University Research Foundation shall be designated as the university’s agent for securing and executing agreements with external entities on behalf of the university with respect to intellectual property, in matters other than the award of compensation for university (i.e., State) expenses. The San Diego State University Research Foundation shall also establish and maintain a Technology Transfer Office for the development, management, and commercialization of all intellectual property secured in the name of the university and of all licenses granted by or to the university. The President may designate persons to act as university agents and contracting officers responsible for securing and executing agreements about copyrightable works or trademarks owned by other designated auxiliaries.
Copyrights and Patents Committee:A University Copyrights and Patents Committee shall be appointed (see Committees: Copyrights and Patents Committee).
Intellectual Property Agreements
Appeals:An author may appeal a decision of the Vice President for Research and Innovation or the Vice President for Business and Financial Affairs regarding the disposition of property rights and royalties. All appeals shall be directed to the President of the university, who after examining necessary evidence may request additional review or modification of the intellectual property agreement.
||Use of the University Name
||Responsibilities of University Employees and Other Included Parties
General Advice and Assistance:The Division of Research and Innovation shall provide assistance to faculty, students, and other university employees in complying with this policy. The Technology Transfer Office of the San Diego State University Research Foundation shall provide assistance to faculty, students, and other university employees in recognizing, securing, and protecting intellectual property rights associated with the products of their research and other scholarly endeavors. The author of copyrightable works should contact the Technology Transfer Office or the Division of Research and Innovation for current information on intellectual property procedures and to ensure appropriate action in accordance with the San Diego State University Copyright, Trademark, and Trade Secret Policy.
Income Sharing of Funds Received from Copyrightable Works:Any funds received by the San Diego State University Research Foundation through royalties or licenses or through other consideration for copyrightable works shall be distributed in accordance with the Distribution of Royalty Guidelines developed by the University Copyrights and Patents Committee, recommended by the Vice President for Research and Innovation on advice of the college deans and approved by the President. Such funds shall be used to support scholarly activities at San Diego State University with these exceptions:
Amendments:Any change in the Copyrights, Trademarks, and Trade Secrets policy shall be recommended by the Research Council and the Vice President for Research and Innovation for approval by the Senate and the President.
|1.0.||San Diego State University:
|2.0.||An accommodation shall be:
|1.0.||Faculty must avoid academic supervisory, teaching, or evaluative relationships with
students, staff, or other faculty that pose significant conflicts of interest from
the standpoint of personal or professional connections. Such connections might include
married couples, domestic partners or other affectional liaisons, supervisor/employee
relationships, or parent/child relationships. The appearance of conflict of interest
should be avoided; the department chair should be consulted if questions arise. Spouses,
domestic partners, parents, or those involved in other affectional relationships must
not direct or serve on committees that evaluate their partners, children, or other
close relatives. Such committees include thesis, dissertation, or preliminary, comprehensive,
or qualifying examination committees, periodic staff evaluations, or annual, three-year,
or tenure evaluations.
Governing Principles:In all matters related to classes and grades, relations between faculty and students at San Diego State University shall be governed by the following principles:
Disciplinary Responsibilities:In fulfilling responsibilities, the instructor may impose reasonable penalties for infractions of university and class rules and for instances of student dishonesty. In addition, the instructor shall report all incidents of academic dishonesty to the Vice President for Student Affairs and Campus Diversity or to the appropriate judicial body.
Grade Changes:The grade given a student by an instructor shall not be changed by anyone other than the instructor except under the provisions in the Student Grievance Code. In controversies about grades, assigned grades shall be presumed to be correct.
For additional discussion of academic misconduct, see University Policies: Academics, Cheating and Plagiarism.
|1.0||San Diego State University shall maintain and promote a policy of nondiscrimination on the basis of race, religion, color, sex, age, disability, marital status, sexual orientation, gender identity and expression, national origin, pregnancy, medical condition, and covered veteran status. This policy incorporates by reference the requirements of Federal Executive Orders 11246 and 11375 as amended; Titles VI and VII of the Civil Rights Act of 1964 as amended; Title IX of the Educational Act of 1972; the Rehabilitation Act of 1973, secs. 503–504; the Americans with Disabilities Act; the Vietnam Era Veterans Readjustment Assistance Act of 1974, sec. 402; Equal Pay Act of 1963 as amended; Age Discrimination Acts of 1967 and 1978; and other applicable federal statutes as well as pertinent laws, regulations, and executive directives of the State of California, including regulatory procedures set forth in Title 5 of the California Code of Regulations. Persons covered by these regulations shall be considered members of protected groups.|
|2.0||The Affirmative Action Program, in compliance with federal and Executive Orders 1088 (2013) and 1026- Revised (2016), shall be revised annually by the Office of Employee Relations and Compliance and shall be disseminated to the campus community. The Nondiscrimination and Equal Opportunity policy shall apply at every level of decisions affecting faculty, staff, administration, and students who are employed by the university. It shall be subject to modification based upon experience and continuing interpretation of the laws of the United States and the State of California and of the policies of The California State University and San Diego State University; but it shall state the university’s commitment to the right of persons to equal employment opportunities without discrimination. The university as an employer shall ensure that employees are recruited, hired, placed, upgraded, promoted, awarded tenure, or terminated for job-related reasons and without prohibited discrimination. If any provision of the Nondiscrimination and Equal Opportunity policy is in conflict with the collective bargaining agreement, the collective bargaining agreement shall be controlling.|
||Education and Awareness
||Office of Employee Relations and Compliance
||Chief Diversity Officer
Introduction:San Diego State University shall be committed to the development of ideas and to the broad dissemination of these ideas for the purpose of serving the public interest. The university shall also recognize and strive to protect the legitimate private interests of members of the university community who engage in research. Nothing in this policy shall restrict the rights of faculty or staff acting privately outside their capacities as university employees.
“auxiliaries”:official auxiliaries of San Diego State University, namely, Aztec Shops, San Diego State University Research Foundation, Campanile Foundation, and the Associated Students, and other auxiliaries that may be established by the university.
“auxiliary funds”:funds, regardless of the sources, that are administered under the control, responsibility, or authority of the President of the university and the boards of directors of the designated auxiliaries.
“contractual agreement”:an enforceable agreement between the university and other persons or parties.
“inventor”:one or more persons, singly or as a group, who conceive or reduce to practice an invention.
“intramural research”:research conducted by a university employee without the aid of external funding by outside sponsors.
“institution”:San Diego State University and its auxiliaries.
“institutional support”:support provided by either San Diego State University or its auxiliaries for a project from which an invention results.
“owner”:party or parties who own or control rights to an invention, whether patented or not.
“patent”:a grant from the U.S. Patent Office or any foreign patent office entitling the patent owner to prevent others from making, using, or selling an invention for a term of years.
“patent agreement”:formal written agreement to do all things necessary to comply with the Patent Policy of the university and to comply with the patent requirements of any grant or contract in which the signer participates. The patent agreement shall obligate the inventor
“SDSU resources”:funds and material resources, regardless of the source, administered under the control, responsibility, or authority of both the President of the university and the State of California.
|3.1||If institutional support in the form of either financial or physical resources is used in the research process from which the invention results, the institution shall have ownership rights in said invention. Moreover, the institution as a public agency shall ensure that inventions are reduced to practice so as to serve the public interest. Discharging this responsibility may involve assisting employees in pursuing patents and marketing products, as well as securing licenses for the use of inventions of value to the institution.|
|3.2||Institutional support shall refer to both State funds and auxiliary funds. For faculty research support, auxiliary funds shall be disbursed through the San Diego State University Research Foundation. Nothing herein should be construed as affecting the current legal relationship between San Diego State University and its auxiliaries.|
|3.3||The assignment of property rights between the institution and its employees shall
depend upon the degree of institutional support devoted to the conception, reduction
to practice, and development of an invention and products or processes that utilize
such an invention. Institutional support for an employee’s project that yields an
invention shall be classified under one of two categories:
|3.4.||Wherein persons or organizations other than university employees intend to use university resources or facilities in connection with an invention, exclusive of libraries, an agreement shall be executed in advance setting forth the understanding regarding the use of said resources and facilities, ownership rights, and financial arrangements.|
|3.5.||Inventors disclosing inventions conceived, reduced to practice, or developed without institutional support or independent of their employment at the University may at their option refer their inventions to the University Copyrights and Patents Committee for patent prosecution or other disposition. If the UCPC recommends such disposition upon disclosure by the inventor, the inventor shall on the approval of the Vice President for Research and Innovation execute a Patent Agreement and an Assignment of Rights with the San Diego State University Research Foundation. Any royalties (after deduction for expenses, including the costs of a patent management corporation, if applicable) shall be shared by the inventor and the Research Foundation according to the terms specified in the Patent Agreement as agreed to by both parties.|
|4.1.||If an outside agency provides support for a scientific research project, which may result in the conception, reduction to practice, or development of an invention, it may be necessary for the San Diego State University Research Foundation to enter into an agreement with that agency governing the ownership of patent rights and the distribution of royalties. In such cases, the Research Foundation may have to have a written patent agreement with the inventor on file in order to legally execute contractual documents, which agree to dispose of inventions of the faculty.|
|4.2.||Faculty engaged in research on sponsored projects that stipulate assignment of patent
rights to the San Diego State University Research Foundation or the sponsor shall
|4.3.||The San Diego State University Research Foundation shall notify the sponsor of any inventions and shall take the necessary further action.|
Copyrights and Patents Committee:A University Copyrights and Patents Committee shall be established.
The Vice President for Research and Innovation , acting for the President of the University, shall be designated as the institutional officer responsible for matters involving intellectual property. The Vice President may designate other managers or directors of auxiliaries or units of the institution to act on his or her behalf. After consultation with the University Copyrights and Patents Committee, the Vice President or designee may approve agreements with respect to
|6.2.||Pursuant to the Operating Agreement between Trustees of The California State University and San Diego State University Research Foundation, the San Diego State University Research Foundation shall be designated as the University agent for securing and executing agreements for the University with respect to patents and inventions, in matters other than the award of compensation for University (i.e., State) expenses. The Research Foundation shall also establish a Technology Transfer Office for the development, management, and commercialization of University-owned technologies and shall maintain a central file for patents secured in the name of the University and licenses granted by or to the University.|
|6.3.||Wherein University (i.e., State) resources have been used in the development of an invention, agreements upon the reimbursement of State expenses shall be executed. The Vice President for Business and Financial Affairs shall prepare such agreements and shall represent the interests of the State in negotiating proper agreements with the Research Foundation and the inventor. These agreements shall be prepared and executed prior to the initiation of the patent search. If possible, wherein the use of university (i.e., State) resources is likely to be substantial, the agreement on reimbursement shall be made before the use of these resources.|
Appeals:Inventors may appeal a decision of the Vice President for Research and Innovation or the Vice President for Business and Financial Affairs with respect to the disposition of patent rights and royalties. Appeals shall be directed to the President of the university, who may, after examining the required evidence, request additional review or modification of the patent agreement.
|8.1.||San Diego State University faculty and staff, as a condition of their employment,
shall comply with the terms of this policy. Students involved in research, as a condition
of their education or employment at San Diego State University, shall also comply
with the terms of this policy.
|8.2.||The foregoing obligations shall also apply to those who wish to refer inventions or discoveries developed independently of the institution for patent prosecution or other disposition by the university.|
Use of Funds Received from Inventions:Funds received by the San Diego State University Research Foundation through royalties or licenses or other consideration for inventions shall be distributed in accordance with the Distribution of Royalties Guidelines developed by the University Copyrights and Patents Committee, recommended by the Vice President for Research and Innovation, and approved by the President. Such funds shall be used to support scholarly activities at the university with these exceptions:
|9.1.||Funds generated by a unit of the university (e.g., an academic department) in the performance of a specific ongoing function may be used to defray the actual expenses of that function. Specific letters of agreement may be entered into between the university and units involved in such functions.|
|9.2.||Royalty income allocated to the inventor(s) in accordance with a Patent Agreement (sec. 6.0) between the inventor and the SDSU Research Foundation shall be unconstrained by the stipulations of this section.|
|9.3.||The disposition of funds accruing to the Associated Students shall be unconstrained by the stipulations of this section.|
Amendments:Changes in or exceptions to this policy shall be recommended by the University Research Council and the Vice President for Research and Innovation for approval by the Senate and the President.
|1.0||San Diego State University shall not engage in classified or otherwise privileged
|2.0||Requests by faculty members or students for exceptions to this policy shall be forwarded
through the Dean of the College to the University Research Council for recommendation
to and approval by the Vice President for Research and Innovation, and the President
of the university.
|3.0||In national emergencies, the President of the university may elect to accept classified research upon the recommendations by the Dean of the College, the University Research Council, and the Vice President for Research and Innovation.|
|1.0||Members of the academic community involved in the conduct of research and scholarship shall adhere to the highest standards of ethical behavior. This policy applies to all individuals at San Diego State University including those engaged in research that is supported by the Public Health Service (PHS) or for which an application has been submitted. The procedures herein shall protect the rights and reputations of parties involved in alleged misconduct and shall cover allegations involving students employed on research grants or contracts. Allegations of academic dishonesty by students engaged in research, as part of their academic program, shall be dealt with according to University academic policies, student disciplinary procedures, and regulations of Graduate and Research Affairs.|
|2.0||Guidelines for Identifying Misconduct: Consistent with the Public Health Service (PHS)
definition (42 CFR 93.103), research misconduct means“ fabrication, falsification,
or plagiarism for proposing, performing, or reporting research results” and shall
not include honest error or honest differences in interpretations or judgments of
data. The same shall apply to scholarship. The definitions of misconduct in academic
research and scholarship are as follows:
||Procedures for Handling Allegations of Misconduct
|1.0.||San Diego State University shall be committed to creating a community free from the crimes of sexual assault, domestic violence, and stalking. All members of the San Diego State University community shall uphold this policy.|
|2.0.||The university shall cooperate fully in any criminal prosecution or civil litigation that may occur as a result of crimes of sexual assault, domestic violence, or stalking that are committed on the campus, at an off- campus facility, or at a university function.|
|3.0.||A person who is convicted of committing these crimes on university property, at a university off-campus facility, or at a university function shall face maximum campus sanctions as prescribed by policies, codes, and collective bargaining agreements that govern the behavior of students, faculty, staff, and guests or visitors.|
|4.0.||Members of the campus community and their guests or visitors should report crimes
of sexual assault, domestic violence, and stalking to the appropriate university officials.
A list of those appointed to receive these complaints and a summary of campus resources
available to survivors of these crimes shall be made available.
|5.0.||This policy has been enacted by San Diego State University in accordance with California State Law, Assembly Bill 3098, Postsecondary Education: Student Safety (July 1990).|
|1.0||San Diego State University shall be committed to preventing sexual harassment and to promptly addressing violations of this policy. The university shall create and maintain a positive learning and working environment for its students and employees and shall not tolerate sexual harassment. Nothing herein shall contravene rights guaranteed in the Constitution of the State of California or the Constitution of the United States.|
|2.0||Sexual harassment and its behaviors shall be prohibited by the university: Sexual harassment is demeaning and degrading and a form of prohibited discrimination on the basis of sex. As an affront to one’s dignity, sense of self, and self-esteem, it can negatively impact performance at work or in an academic setting.|
|3.0||Sexual harassment is illegal: It is a violation of state and federal laws including the California Education Code, sec. 212.5, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972. Sexual harassment is specifically prohibited in The California State University by Executive Order 1096 (2016).|
Intent of Sexually Harassing Behavior:A claim by an alleged harasser that he or she did not intend to commit sexual harassment is not, as the law currently stands, a defense to a complaint of sexual harassment. Regardless of intent, the effect, characteristics, and context of the behavior shall determine whether the behavior constitutes sexual harassment.
|7.0||Sanctions for Sexual Harassment
Consensual Relationships:For purposes of this policy, a consensual relationship shall be any freely and mutually agreed-to dating, romantic, or sexual relationship between persons. The previous existence of a consensual relationship shall not be considered a defense in the context of a sexual harassment complaint.
Administrative Office for Coordinating Complaints:The Office of Employee Relations and Compliance shall coordinate the university response to complaints of sexual harassment and shall educate the university community about sexual harassment. It shall be a clearinghouse for university sexual harassment complaints and investigations, including those that arise in auxiliary corporations. It shall develop and disseminate sexual harassment complaint procedures to implement this policy and shall disseminate applicable state and federal regulations. Copies of these procedures shall be available at the Office of Employee Relations and Compliance and on its Website.
Mandatory Reporting by University Officers:Upon learning of allegations of sexual harassment from the alleged victim, deans, directors, department chairs, and other officers of the university shall report the allegations to the Office of Employee Relations and Compliance within five working days.
|| Procedures for Reporting Sexual Harassment
||Other Persons to Contact
University Support:Upon receiving a complaint of sexual harassment, the Office of Employee Relations and Compliance shall inform the complainant of the support services available at the university and in the community. At the university this may include the Chief Diversity Officer, Office of Counseling and Psychological Services, the Office of the Ombudsmen, Student Health Services, Employee Assistance Programs, and Campus Police.
Record Keeping:The Office of Employee Relations and Compliance and each designated auxiliary office shall keep the written records of mediated interventions, formal mediations, and formal complaints with final dispositions in a confidential, secure location with access to the records limited to those persons with a need to know. Records shall be kept for 10 years.
||Retaliation against Persons Reporting Sexually Harassing Behaviors:
Other Legal Remedies:Complainants not satisfied with the disposition of their complaint at the university may contact the Fair Employment and Housing Office of the State of California, the United States Department of Education Office for Civil Rights, or the Equal Employment Opportunity Commission. Contact information shall be available at the Office of Employee Relations and Compliance.
Policy Review, Evaluation, and Improvement:This policy shall be evaluated every two years by the Office of Employee Relations and Compliance. Proposed changes shall be forwarded to the Senate.
Information Distribution and Training:The Office of Employee Relations and Compliance shall distribute this policy to the university community and shall provide educational opportunities appropriate to faculty, staff, and students.
|1.0||A grievance shall be a complaint arising out of any alleged unauthorized or unjustified act or decision by a member of the faculty, administration, or staff that in any way adversely affects the status, rights, or privileges of a member of the student body. The burden of proof shall lie with the complainant.|
|2.0||The Student Grievance Committee (SGC) shall hear complaints, investigate grievances
and make final judgments regarding redress of student grievances concerning members
of the faculty, administration, or staff. The Student Grievance Committee may make
advisory recommendations regarding disciplinary action to appropriate administrators.
||Steps Toward Redress
||Revisions in the Code