__________________________________________ July 31, 1986 EXECUTIVE MEMORANDUM 86-07 __________________________________________

From:	Robin S. Wilson, President
Subject:	Policy on Sexual Assault and Gang Sexual Assault

The purpose of this document is to state clearly the university's response to any acts of sexual assault and gang sexual assault. This includes judicial procedures that will be followed in handling complaints and disciplinary actions that will be taken against individuals or organizations involved.

1. Definition of Terms

For purposes of this policy, relevant terms are defined as follows:

Sexual Assault--any involuntary sexual act in which a person is threatened, coerced, or forced to comply against his will;

Date or Acquaintance Rape or Sexual Assault--a rape or forcible sexual assault in which the victim knows the assailaant, whether casually or intimately;

Acquaintance Gang Rape--a rape by more than one person, at least one of whom is known to the victim;

Rape--defined by the California Penal Code (see appendix).

II. Policy

California State University, Chico endeavors to provide an environment conducive to growth in mind, spirit, and human sensibility. Date or acquaintance rape, acquaintance gang rape or other forms of sexual assault are all acts of aggression that, whenever reported, will be investigated for possible disciplinary and legal action regardless of whether the incident occurs on or off campus.

Any recognized student organization involved in activities or incidents where rape or other forms of sexual assaut take place will be immediately suspended by the Student Activities office pending a full review. Policies and procedures for such a review are established in SA 85-1, "Guidelines and Procedures for the Recognition and Governance of Student Organizations."

III. Reporting

A. Informal Inquiry

Any person who has questions about possible incidents of sexual assault, rape, or gang rape may seek information and clarification from the appropriate university administrator, a designee of the President. The presidential designee is charged with clarifying the definitions of sexual assault, acquaintance rape, and gang rape and explaining the administrative mechanisms for dealing with complaints.

The functions of the designee are informal and advisory, aimed solely at aiding complainants to determine if incidents as described constitute grounds for complaint, and if so, how such complaints are to be filed. The designee will neither investigate nor adjudicate complaints of sexual assault or rape.

The person initiating the inquiry or complaint has the right to be accompanied by an advocate when discussing alleged incidents.

Discussions at the informal inquiry are confidential. No record will be made or retained concerning those discussions.

B. Formal Reporting of Incidents

1.Incidents of sexual assault, including date or acquaintance rape and gang rape, should be reported to the following individuals:

In cases where the accused is a student or student organization, the report should be made to the Coordinator for Student Judicial Affairs, who will investigate the complaint and initiate appropriate action under student or organization disciplinary procedures.

Any incident in which the accused is an employee of the University should be reported to the Associate Vice President for Faculty and Staff Affairs, who will investigate the complaint and where appropriate initiate applicable disciplinary action.

2. Both victim and alleged assailants will be informed of their legal rights.

3. Those charged with conducting such investigations will keep a written record of this process. Their findings will be sent to the Vice President for Student Affairs in the case of student assailants or the involvement of student organizations. In the case of an employee assailant, the findings will be sent to the Provost. The report and recommendations will be forwarded to the President.

4. The victim may decide to file criminal charges the the appropriate law enforcement agency.

IV. Disciplinary Procedures and Sanctions

A. Procedures

1.Judicial hearings within the University will provide due process, including the right to be represented by counsel.

2. In the case of a student assailant, disciplinary action shall be imposed in accordance with the Code of Students' Rights and Responsibilities which states, "Student enrolling in California State University, Chico assume an obligation to conduct themselves in a manner compatible with the educational mission of the University." Specific violations for which students may be subject to sanctions have been established by trustee action (Sections 41301 and 41302 of Title 5, California Administrative Code).

3. Conduct which violates Sections 41301 or 41302 of Title 5, California Administrative Code may also violate provisions of the criminal law of the state. In such cases, it is necessary for the University to proceed with disciplinary action despite the fact that criminal prosecution may be pending in court. The imposition of universityu disciplinary action is independent of any action which may be taken in the criminal courts and may, in fact, occur prior to a criminal court's action.

4. Disciplinary hearings for individual students will be conducted according to procedures set forth in the Chancellor's Executive Order No. 148.

5. Disciplinary review for organizations shall be conducted in accordance with Student Affairs 85-1, "Guidelines and Procedures for the Recognition and Governance of Student Organizations."

6. The President may order the immediate suspension of any student for an interim period pending a hearing whenever the President determines such action is required to protect lives or property or to insure the maintenance of order. A student so suspended shall be afforded an opportunity for a hearing with respect to the immediate suspension not later than ten calendar days after the suspension occurs.

B.

1. Individual Student Sactions

Any of the following are possible sanctions for students who have been found guilty of complicity in such charges. the severity and number of sanctions applied depends on the nature and degree of complicity.

Expulsion

Suspension for a specific time

Probation for a specific time

2. Disciplinary Sanctions for a Recognized Student Organization

As a general rule, organizations found to condone, propmote, or be involved in such activities shall have their university recognition withdrawn and thereby lose all rights and privileges for a period of not less than five years. Other possible actions may include:

Informing the national or regional office of the organization about the activity;

Disbanding of the local chapter by the national organization;

Prohibiting participation in campus activities, events, and programs;

Requiring relevant community service and/or participation in rape awareness (required of all members);

Loss of all access to university resources (equipment, meeting rooms, advertising space, fundraising ability).

No portion of this document should be understood to supersede or delineate the authority of Executive Order No. 148 or any subsequent revisions to Executive Order No 148 or to limit the statuatory rights, powers, and privileges of the President of the campus.

Appendix

From Deering's California Penal Code, 1983 edition Bancroft-Whitney Company, San Francisco, 1983, Title 9, Chapter 1, p. 62-3.

261 (rape defined) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

1. Where a person is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent.

2. Where it is accomplished against a person's will by means of force or fear of immediate and unlawful bodily injury on the person or another.

3. Where a person is prevented from resisting by any intoxicating, narcotic, or anaesthetic substance, administered by or with the privity of the accused.

4. Where a person is at the time unconscious of the nature of the act, and this is known to the accused.

5. Where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.

6. Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.