2018-2019 Mandatory Notices

SF State Gender Equity & Title IX/VAWA Annual Mandatory Notice

Dear SF State Colleagues,

Welcome to another new academic year! We hope that you had a relaxing and rejuvenating Summer and are ready to greet the new freshmen Class of 2022 and all of our returning students.

SF State has a long self-stated commitment to social justice and inclusive excellence, and our efforts to support Title IX, end discrimination, promote gender equity, and prevent sexual misconduct/sexual harassment fall in line with our core values. As we begin the 2018-19 academic year, I once again ask for your assistance and support with cultivating a working and learning environment reflective of SF State’s core beliefs. Please know that I am also sending similar information to all enrolled students.

To recap: new federal legislation went into effect in March 2014 which required campuses to better promote gender equity and campus safety; a summary of these changes can be found on the American Council on Education’s website. Since then, continuing changes to state/federal law and in university policy reinvigorate our obligation both to reduce the likelihood of sex and gender discrimination, and of sexual harassment and sexual violence, as well as to promote a safer, more inclusive climate for all students, faculty and staff.

Overview of Applicable CSU Policies

The California State University (CSU) prohibits discrimination, harassment and retaliation in the learning and working environment of all 23 of its campuses. Discrimination refers to Adverse Action taken against an Employee or Third Party by the CSU, a CSU employee or a Student, because of a Protected Status. Adverse Action refers to an action that has a substantial and material adverse effect on the Complainant's employment or ability to participate in a University program or activity free from Discrimination, Harassment or Retaliation. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action. Protected Status includes Age, Disability (physical or mental), Gender (or sex), Genetic Information, Gender Identity (including transgender), Gender Expression, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion or Religious Creed, Sexual Orientation, and Veteran or Military Status.

Harassment refers to unwelcome conduct engaged in because of a Complainant’s Protected Status, whereby submission to or rejection of the conduct is used (or threatened to be used) as the basis for employment-related decisions, or the conduct is sufficiently severe or pervasive that its effect, intended or not, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as intimidating, hostile or offensive. Retaliation refers to Adverse Action taken against a person because the person has or is believed to have participated in some manner in exercising their rights under EO 1096 or 1097, or assisted/participated in an EO-related investigation or proceeding.

I encourage you to take the time to become familiar with CSU Executive Order 1095, regarding our responsibilities relative to Title IX and the Violence Against Women Act. CSU Executive Order 1096 outlines the procedures our campus must follow when an employee files a complaint of discrimination, harassment or retaliation (DHR) – including incidents that fall under Title IX. Please be sure to review Article VI of EO 1096, which defines various prohibited behaviors. Here are some of the key points in the policy of which you should be aware:

• The University prohibits any behavior that constitutes sexual misconduct, which includes any sexual activity engaged in without affirmative consent, where affirmative consent means an informed, conscious, voluntary, and mutual agreement to engage in sexual activity.
• SF State’s process when responding to a complaint is an administrative one, and the purpose of an investigation is to ascertain if a university policy has been violated. It is not a criminal or legal process to determine if a law has been broken. The administrative process must be fair to both Complainants and Respondents.
• Both Complainants and Respondents have the right to appeal the finding of an investigation, as well as appeal any sanctions imposed following a finding of responsibility in a Title IX or DHR incident.
• While reporting as soon as possible maximizes SF State’s capacity to respond effectively to a reported incident, there is no time limit for when a Complainant may come forward to report a potential violation of policy.
• Complainants may request an Early Resolution Process when filing a complaint under EO 1096; the purpose of the Early Resolution Process is to explore whether the Complainant’s concern(s) can be resolved by SF State without an investigation.
• Employees, as well as students, have access to a confidential victim-advocate through The SAFE Place if they wish to have one.

Further, employees are prohibited from entering into a consensual relationship with any student or employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. Information about disclosing a consensual relationship on your own behalf or reporting a relationship involving 3^rd parties can be found at Procedures to Implement CSU Executive Order 1096 - Consensual Relationships.

Faculty and Staff Responsibilities

To learn more about faculty and staff members’ important role as institutional officers in this effort, available on- and off-campus resources, the University’s statement of non-discrimination on the basis of gender or sex, myths and facts about sexual misconduct, our campus crime reporting efforts in support of the Clery Act, and other vital information, please visit and bookmark SF State’s Title IX webpage.

Two things in particular will be essential to observe as you review the above websites. First, all employees will need to complete annual online training, due by January 1^st of each year. Second, unless otherwise noted by policy, all employees have a duty to report and are required to *immediately* report allegations of sexual harassment/sexual violence/sexual misconduct – even when the victim/survivor requests confidentiality of them - to any of the following Title IX/DHR personnel listed below. To facilitate reporting, a confidential online reporting form has been set up which can be accessed by visiting the Title IX webpage and clicking on “Reporting Form” under “Who To Contact” in the upper left-corner menu.

I also want to emphasize that Title IX prohibits discrimination against and provides other protections to students on the basis of gender and/or gender identity. In particular:

• Institutions of higher education must provide equitable educational access to students who are pregnant, nursing or parenting. Please visit Pregnant, Nursing and/or Parenting Employees & Students for more information. Students who need academic accommodations while they are experiencing pregnancy or immediately after childbirth should visit the Disability Programs & Resource Center (dprc@sfsu.edu) in SSB 110
• We are committed to an environment that is inclusive and welcoming to all students, regardless of gender. As such, San Francisco State continues to expand the number of restrooms that are gender inclusive. Please visit All-Gender Restrooms list for the most updated list. Further, please refer to the Department of Fair Employment & Housing guidelines regarding transgender rights in the workplace (Department of Fair Employment & Housing guidelines regarding transgender rights in the workplace).

Office of the Ombuds

To assist with fulfilling your work at SF State, I would also like to bring your attention to the Ombudsperson for faculty/staff: Dr. Christina Sabee, who began serving as Dean of Equity Initiatives in July 2017. This position was the result of a partnership between Academic Senate, Faculty Affairs, Human Resources and Equity Programs & Compliance to provide improved support to our faculty and staff – the most valuable resource we have at SF State.

In this capacity, Dr. Sabee not only plays a major role in advancing our efforts to reduce and respond to incidents of sexual misconduct and DHR; she also serves in the more proactive roles of providing multipartial conflict resolution, solution identification, clarification on campus procedures, and resource referral. Faculty/staff can refer colleagues to the Ombudsperson or contact the Ombudsperson directly on their own behalf. Please visit the Ombuds Office website for more information about the Ombudsperson.

Equity Programs & Compliance Team

Mr. Katon Dalton, Manager, Equity Programs & Compliance, and Senior Deputy Title IX Coordinator/DHR Administrator – when the Complainant is a student

Mr. Dalton can be reached at (415) 338-2032 and at kdalton@sfsu.edu.

Dr. Christina Sabee, Dean of Equity Initiatives, Ombudsperson, and Senior Deputy Title IX Coordinator/DHR Administrator – when the Complainant is an employee or 3^rd party

Dr. Sabee can be reached at (415) 338-2032 and at csabee@sfsu.edu.

Dr. Luoluo Hong, Vice President for Student Affairs & Enrollment Management, Title IX Coordinator and DHR Administrator

Dr. Hong can be reached at (415) 338-7313 and at luoluo@sfsu.edu.

These individuals are assisted and supported by:

Sara Lewis (saral@sfsu.edu), Assistant Manager, Equity Programs & Compliance.