Compliance

Notice of Non-Discrimination on the Basis of Gender or Sex

The California State University does not discriminate on the basis of gender, which includes sex and gender identity or gender expression, or sexual orientation in its education programs or activities.

Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of gender or sexual orientation in employment, as well as in all education programs and activities operated by the University (both on and off campus), including admissions. The protection against discrimination on the basis of gender or sexual orientation includes sexual harassment, sexual misconduct, and gender based dating and domestic violence and stalking. Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to have experienced the conduct that could constitute sex discrimination or sexual harassment), in-person, by mail, by telephone, or by electronic mail, using the contact information listed below for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator.

The following person has been designated to handle inquiries regarding the non-discrimination Policies and Title IX complaints for Humboldt State University:

David Hickcox
Title IX Coordinator and Discrimination, Harassment, & Retaliation Prevention Administrator
Siemens Hall 212
1 Harpst Street
Arcata, CA 95521
dth174@humboldt.edu
Office: (707) 826-5177
Cell: (707) 296-4032 
https://titleix.humboldt.edu/

Questions may also be addressed to:

Office for Civil Rights
San Francisco Office
U.S. Department of Education
50 United Nations Plaza
San Francisco, CA 94102
Telephone: (415) 486-5555
Facsimile: (415) 486-5570
Email: OCR.SanFrancisco@ed.gov

Annual Reports

Title IX Trainings

Title IX offices are mandated by the Title IX Regulations, 34 CFR Part 106.45(b)(10), to post training content used to satisfy the Title IX Regulations’ training requirements to our website. Click the link below to view an aggregate list of the trainings. Please keep in mind that the materials posted to ATIXA's site are proprietary and are copyrighted.

https://atixa.org/2020-regulations-requirement-posting-of-training-materials/

Laws & Policies

There are several different laws, policies, and sets of regulations that ensure equitable access or prevent discrimination, harassment, sexual misconduct, retaliation, and other inappropriate behaviors. The laws, policies, and regulations listed below are not intended to be an exhaustive list or provide legal advice.

Key:

  • § - "section"
  • C.F.R. - Code of Federal Regulations
  • EO: Executive Order
  • U.S.C. - United States Code

Federal Level

Click on the options below for more information and links to view the different laws in their entirety.

Americans with Disabilities Act

Americans with Disabilities Act

The purpose of ADA is to provide "a clear and comprehensive national mandate for the elimination of discrimination" and "clear, strong, consistent, enforceable standards addressing discrimination". The CSU published EO 1111 to provide additional information on disability support and accommodations.

People with questions should direct them to HSU's Campus ADA Coordinator:

Scott M. Kasper, PsyD
Employee Relations and Compliance Manager
Deputy Title IX Coordinator
Campus ADA Coordinator
Conflict of Interest Officer
(707) 826-5174
Scott.Kasper@humbolt.edu

ADA Full Text

Clery Act

Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act for short) became federal law in 1990. It is considered a consumer protection law that focuses on transparency around campus crime policy and statistics.

What does this mean for HSU?

The Clery Act requires colleges and universities that receive federal funding to post and share a public annual security report to our employees and students every October 1st. This report must include statistics of campus crime for the preceding 3 calendar years, plus details about efforts taken to improve campus safety. HSU's report is located here.

Clery Full Text

Title IX

Title IX

TITLE IX - 20 U.S.C. § 1681 & C.F.R. Part 106 (1972) states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance."

What does this mean for HSU?

Students and employees have the right to participate in campus programs and activities (such as clubs, academic programs, athletics, etc.) free from the prohibited conduct listed below:

  • Discrimination, including Harassment, because of any Protected Status
  • Retaliation against anyone exercising rights under this policy or participating in any related investigation or proceeding
  • Sexual Misconduct, which includes sexual activity engaged in without Affirmative Consent
  • Dating and Domestic Violence and Stalking

Title IX Full Text

Violence Against Women Act (VAWA)

Violence Against Women Act (VAWA)

VAWA was reauthorized and became public law in February 2013, but has since expired (Dec. 21, 2018). It was temporarilly reauthorized from late January to mid-February in 2019, but expired. The House of Representatives passed a reauthorization of VAWA in April of 2019, but it has stalled in the US Senate.

What does this mean for HSU?

We are still complying with the requirements of VAWA. One of the things we are required to do is describe our procedures for disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, and stalking cases. This is described in EO 1098, Article IV. Other requirements include, but aren't limited to:

  • publish programs to prevent domestic violence, dating violence, sexual assault, and stalking
  • a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking
    • This is the "Notice of Non-Discrimination on the Basis of Gender and Sex" at the top of this website
  • the definition of domestic violence, dating violence, sexual assault, stalking, and consent, in reference to sexual activity
  • investigation and resolution procedures are fair, prompt, and impartial and be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability
    • Completed trainings are under our "Contact Us" page. Click on the ">" next to any of the Core Team's names.

VAWA Full Text

State Level

Click on the options below for more information and links to view the different laws in their entirety.

Assembly Bill 620

Assembly Bill 620

 

Assembly Bill 620 (AB 620) amends certain parts of the Donahoe Higher Education Act requesting the Trustees of the CSU to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules of student conduct governing their respective segments of public postsecondary education. It also requests that we designate an employee at each of their respective campuses as a point of contact to address the needs of lesbian, gay, bisexual, and transgender faculty, staff, and students and to collect aggregate demographic information regarding sexual orientation and gender identity of staff and students (as part of other aggregate demographic information), among other things.

What does this mean for HSU?

Much of what AB 620 contains are requests, not requirements. At HSU, we have started collecting the aggregate demographic data through the admissions application over the last few years. We are making continual updates to that collection in order to have accurate data as well as keep up on accurate terms that people are using to identify themselves.

Our Student Code of Conduct references that harassment and intimidation are grounds for student discipline. Additional policy information can be reviewed at the CSU EOs listed under the CSU System-Wide section below.

AB 620 Full Text

Assembly Bill No. 1266: School Success and Opportunity Act

Assembly Bill No. 1266: School Success and Opportunity Act

AB 1266 is the School Success and Opportunity Act. Existing law prohibits public schools from discriminating on the basis of specified characteristics, including gender, gender identity, and gender expression, and specifies various statements of legislative intent and the policies of the state in that regard. Existing law requires that participation in a particular physical education activity or sport, if required of pupils of one sex, be available to pupils of each sex. This bill would require that a pupil be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with their gender identity, irrespective of the gender listed on the pupil’s records.

What does this mean for HSU?

AB 1266 allows students to compete on sports teams and use facilities like showers and bathrooms based on their gender identity, regardless of what is listed on the student's records.

AB1266 Full Text

California Fair Employment & Housing Act

California Fair Employment & Housing Act

The California Fair Employment and Housing Act (FEHA) establishes the Department of Fair Employment and Housing. FEHA declares as the public policy of the State of California states that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of protected statuses. Additionally, it declares and establishes the opportunity to seek, obtain, and hold employment and housing without discrimination because of protected statuses is a civil right.

What does this mean for HSU?

You have the civil right to seek, obtain, and hold employment and housing without discrimination because of protected statuses. The full policy text linked below contains more details.

FEHA Full Policy Text

California Government Code § 12940

California Government Code § 12940

 California Government Code § 12940 lists unlawful employment practices, generally, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California.

What does this mean for HSU?

Certain employment practices are considered unlawful if the decisions are based on a protected statuses. For full details, review the full policy text listed below.

CA Code 12940 Full Policy Text

Senate Bill No. 179: Gender Recognition Act

Senate Bill No. 179: Gender Recognition Act

The Gender Recognition Act streamlines the process for Californians to apply to change their gender markers, and creates a nonbinary gender category on California birth certificates, drivers' licenses, identity cards, and gender-change court orders (the letter "x"). This enables many in our community, including transgender, intersex and nonbinary people, to have full recognition in the State of California. The law was authored by Sens. Toni Atkins (D-San Diego) and Scott Wiener (D-San Francisco) and sponsored by Equality California and the Transgender Law Center.

What does this mean for HSU?

The Gender Recognition Act has implications throughout the campus, and in particular in areas where we organize by gender in binary ways. For example, many parts of employment processes, housing, sports facilities, payroll systems and recreational areas are designated by gender in a binary way (men and women) need to be updated in order to be in compliance with the Gender Recognition Act.

SB 179 Full Policy Text

Senate Bill 195: Equity in Higher Education Act

Senate Bill 195: Equity in Higher Education Act

SB 195 is the Equity in Higher Education Act. Existing law, the Equity in Higher Education Act, provides that it is the policy of the state to afford all persons, regardless of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or other specified bases, equal rights and opportunities in the postsecondary institutions of the state. The act requires a postsecondary educational institution, as defined, prior to the receipt of any state financial assistance or state student financial aid, to provide assurance to the agency administering the funds that each program or activity conducted by the institution will be conducted in compliance with the act and all other applicable provisions of state law prohibiting discrimination on the basis of sex.

What does this mean for HSU?

Before HSU can receive any state financial aid or state funding, we are required to provide assurance that HSU and all of our programs and activities, including but not limited to academics and athletics, are in compliance with Title IX. This assurance comes in the form of an annual report and is made available upon request. Our annual reports published under our "Compliance Tab".

 SB 195 Full Policy Text

CSU System-Wide

Click on the options below for more information and links to view the Executive Orders in their entirety.

These EOs are CSU-wide policies and provide direction on implementing Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), among other applicable state and federal laws and related regulations.

What does this mean for HSU?

These EOs prohibit the following conduct:

  • Discrimination, including Harassment, because of any Protected Status
  • Retaliation against anyone exercising rights under this policy or participating in any related investigation or proceeding
  • Sexual Misconduct, which includes sexual activity engaged in without Affirmative Consent
  • Dating and Domestic Violence and Stalking

If you've experienced something that you think falls within what is listed, you can file a report with the Title IX & DHR Prevention Office.

EO 1095 - Systemwide Policy

EO 1095 - Systemwide Policy

EO 1095 is the Implementation of Title IX, VAWA/Campus SaVE Act, and Related Sex Discrimination, Sexual Harassment and Sexual Violence Legislation

EO 1095 Full Policy Text

EO 1096 - Policy for Complaints by Employees and Third Parties

EO 1096 - Policy for Complaints by Employees and Third Parties

EO 1096 sets forth the university's systemwide policy and complaint procedure for Discrimination, Harassment and Retaliation complaints made by third parties and employees not eligible to file a complaint or grievance under a collective bargaining agreement or whose collective bargaining agreement incorporates the CSU systemwide complaint procedure.

EO 1096 Full Policy Text

EO 1097 - Policy for Complaint by Students

EO 1097 - Policy for Complaint by Students

EO 1097 is the systemwide policy and complaint procedure for all complaints of Discrimination, Harassment or Retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

EO 1097 Full Policy Text

EO 1098 - Student Conduct Procedures

EO 1098 - Student Conduct Procedures

Individuals alleged to have committed sexual assault may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline/sanctions at the university. Employees may face sanctions up to and including dismissal from employment, per established CSU policies and provisions of applicable collective bargaining unit agreements.

Students charged with sexual discrimination, harassment or violence will be subject to discipline, pursuant to the California State University Student Conduct Procedures 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 immediate interim suspension from the university, required move from university-owned or affiliated housing, adjustment to course schedule, or prohibition from contact with parties involved in the alleged incident.

EO 1098 Full Text Policy

EO 1111 - Disability Support and Accommodations

EO 1111 - Disability Support and Accommodations

It is CSU policy to ensure that individuals with disabilities shall have equal access to and the opportunity to participate in CSU programs, activities and services. Questions or reports falling under this EO should be directed to Scott Kasper in HRAPS:

Scott M. Kasper, PsyD
Employee Relations and Compliance Manager
Deputy Title IX Coordinator
Campus ADA Coordinator
Conflict of Interest Officer
(707) 826-5174
Scott.Kasper@humbolt.edu

EO 1111 Full Policy Text

Campus-Wide

Click on the options below for more information and links to view the different laws in their entirety.

University Senate Resolution 32-14/15-EX

University Senate Resolution 32-14/15-EX

In early May of 2015, the University Senate passed the Resolution on the Right for Self Identification which urges HSU "to adopt operating procedures that would allow students, faculty, staff and administrators to choose how they are identified by the University".

This resolution asks the campus to allow campus members the choice in the name that is displayed in various campus systems, such as IDs, email addresses, learning management systems (e.g. Canvas), and class rosters.

Full Policy Text

Associated Students Resolution 2014-15-24

Associated Students Resolution 2014-15-24

The Resolution in Support of a Preferred Name Policy from Associated Students in May of 2015 calls on the HSU President's Office and the University Senate to create and implement a policy that allows students to use their preferred name (now often referred to as their chosen name, or just their name) across different campus systems, such as student ID cards, campus email addresses, and the campus directory.

Full Policy Text