Feb 29, 2024  
2019-2020 Academic Catalog 
    
2019-2020 Academic Catalog [ARCHIVED CATALOG]

Title IX (Nondiscrimination)



SJSU does not discriminate on the basis of sex in the educational programs and activities it conducts. Such programs and activities include admission of students and employment.

Department of Education, Office for Civil Rights: (800) 421-3481 or ocr@ed.gov

If you wish to fill out a complaint form online with the OCR, you may do so at: www2.ed.gov/about/offices/list/ocr/complaintintro.html.

Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of gender discrimination complaints, including sexual harassment and misconduct as well as provide training, education and preventive measures related to sex discrimination. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) is the systemwide 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.

Except as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any University employee who knows or has reason to know of allegations or acts that violate University policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that his/her name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident (see confidential reporting options outlined below).

Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or misconduct, violence, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any gender discrimination/harassment/misconduct, prevent its recurrence, and remedy its effects.

Inquiries and complaints concerning the application of Title IX to programs and activities of SJSU may be referred to the Director of Compliance, SAB 106, 408-924-1200 or the Office for Equal Opportunity, UPD 303, 408-924-1115.

Reporting to the Title IX Coordinator and Other University Employees

Most university employees have a duty to report incidents of sexual misconduct when they are on notice of it. When a victim tells the Title IX Coordinator or another university employee about an incident of sexual misconduct, the victim has the right to expect the university to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the university strongly encourages victims to report incidents of sexual misconduct directly to the campus Title IX Coordinator. As detailed above, in the “Privileged and Confidential Communications” section of this policy, all university employees except physicians, licensed professional counselors, licensed clinical social workers, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any incidents of sexual misconduct of which they become aware. The university will need to determine what happened - and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.

Student Complaint Procedure (Complaints Regarding the CSU)

The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:

  1. If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at www.wascsenior.org/comments. WASC is the agency that accredits the CSU’s academic program. If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs at the CSU Chancellor’s Office.
  2. If your complaint concerns an alleged violation by CSU of any law that prohibits discrimination, harassment or retaliation based on a protected status (such as age, disability, gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color or ancestry), religion or veteran or military status), you may present your complaint as described in Section XVI (Nondiscrimination Policy).
  3. If your complaint concerns an alleged violation by the CSU of other state law, including laws prohibiting fraud and false advertising, you may present your claim to the campus president or designee. See Procedure for Student Complaints-Executive Order No. 1063 for details regarding the complaint requirements and complaint process: www.calstate.edu/eo/eo-1063.html.
  4. Other complaints regarding the CSU may be presented to the campus dean of students, who will provide guidance on the appropriate campus process for addressing your particular issue.

This procedure should not be construed to limit any right that you may have to take legal action to resolve your complaint.

Civil and Criminal Penalties for Violation of Federal Copyright Laws

Anyone who is found to be liable for copyright infringement may be liable for either the owner’s actual damages along with any profits of the infringer or statutory damages of up to $30,000 per work infringed. In the case of a willful infringement, a court may award up to $150,000 per work infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §505.) Willful copyright infringement can also result in criminal penalties, including imprisonment and fines. (See 17 U.S.C. §506 and 18 U.S.C. §2319.)

Health Policies

Health Risks

Federal Law requires the university to provide a description of health risks associated with alcohol and drug abuse.

Alcohol

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts. Moderate to high doses of alcohol caused marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described. Repeated use of alcohol can lead to dependence and addiction. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Addictions often require medical support. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

California Alcohol and Drug Abuse Law

The Alcoholic Beverage Control Act was enacted in 1953. This Act is intended to protect the safety, welfare, health, peace and morals of Californians, eliminate the unlicensed and unlawful manufacture, sale and disposal of alcoholic beverages and promote temperance in the consumption and use of alcoholic beverages. (Bus and Prof. Code 23001)

A person convicted of a violation of the Alcohol and Beverage Control Act is guilty of a misdemeanor or felony depending on the violation.

The Uniform Controlled Substances Act may be found in the Health and Safety Code, Section 11000-11651. This Act is the result of a growing concern over substances. Controlled Substances are divided into five Schedules and the substances under each Schedule may be found in Sections 11053-11058.

Local Laws

Local laws generally are consistent with Federal and State laws.

University Regulations

Use and Abuse of Alcohol and Other Drugs- University Policy F10-1

This policy delineates University policy concerning alcohol and illegal drugs or substances, provides procedural guidelines, and communicates the consequences of failing to adhere to established policies. Provision for the purchase, sale, service, and consumption of alcoholic beverages on campus is a privilege accorded to University members with the understanding that they will comply with internal rules, regulations, and relevant legislation (local, state or national). All members of the University community as well as their guests have a responsibility to ensure that alcohol is used in a responsible manner by persons twenty-one (21) years of age or older. The use of alcohol and other drugs should not interfere with the primary mission of the University as an educational institution.

Review the full policy here http://www.sjsu.edu/senate/docs/F10-1.pdf

University regulations controlling student behavior may be found in the Student Conduct Code (Title 5 of the California Code of Regulations Section 41301). The Campus Alcohol Policy includes procedures for serving alcoholic beverages on campus.

The University is required to post in designated areas information concerning the use of anabolic steroids.

Conduct Regarding Drugs and Alcohol

SJSU students, faculty and staff are expected to comply with Federal, State and Local laws governing the use of alcohol and illicit drugs on the University campus and as part of university activities both on and off the campus. These laws control the possession, use and distribution of alcohol and unlawful drugs.

All incoming students are required to complete AlcoholEdu, an online alcohol education course. All incoming students starting in the fall will receive information regarding AlcoholEdu in June. Those starting in the Spring will receive information in January.

The sale, possession, distribution or use of illicit drugs will not be tolerated. Students, faculty and staff are expected to comply with laws governing the possession, distribution and consumption of alcohol as promulgated by the State of California and the university.

lt is the responsibility of every student, faculty member and employee to report incidents involving infractions of federal, state and local drug and alcohol laws on campus or at officially sponsored Off-Campus Activities to the Executive Vice President for Faculty Affairs, the Human Resources Officer or the Vice President for Student Affairs.

As is the case in courts, lack of awareness and/or failure to comprehend the regulations are not acceptable defense of one’s actions.

Available Drug or Alcohol Counseling and Treatment Programs

SJSU students are encouraged to seek assistance for drug and alcohol problems at the Counseling & Psychological Services (CAPS) or at the Student Health Center. The State also maintains an Employee Assistance Program to help employees and their dependents with problems of alcohol and drugs.

State Employee Assistance Program

Concern 1-800-344-4222
www.concern-eap.com

Counseling & Psychological Services (CAPS)

Student Wellness Center, 3rd Floor
408-924-5910
www.sjsu.edu/counseling/

Student Health Center

Student Wellness Center 101
408-924-6122 (appointment line)
www.sjsu.edu/studenthealth/

Federal Trafficking Penalties

Federal penalties for trafficking are dependent upon several conditions including the substance, amounts involved and whether the matter is a first or second offense.

Penalties involve monetary sanctions and/or prison terms up to and including life in prison.

Federal Penalties and Sanctions For Illegal Possession Of A Controlled Substance 21 U.S.C. 844(a) - 1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000 or both.

After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000 or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000 or both.

Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000 or both if:

  • 1st crack conviction and the amount of crack possessed exceeds 5 grams.
  • 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
  • 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881(a)(7) - Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment.

21 U.S.C. 881 (a)(4) - Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a - Civil fine of up to $10,000 (pending adoption of final regulations).

21 U.S.C. 853a - Denial of Federal benefits, such as student loans, grants, contracts and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g) - Ineligible to receive or purchase a firearm.

Tobacco

As of August 2015, SJSU is a Smoke and Tobacco Free campus. For more information see Presidential Directive (PD1014-01 {http://www.sjsu.edu/president/ directives}) and CSU Executive Order 1108.

For more information: http://www.sjsu.edu/tobaccofree/

For tobacco cessation services:

  • Counseling and Psychological Services (CAPS)
    408-924-5910
  • Student Health Center- Wellness and Health Promotion
    408-924-6202
    www.sjsu.edu/wellness/tobacco
  • Low Cost Nicotine Replacement Therapies (NRT):
    Patches and gum are available at Student Health Center Pharmacy
    408-924-6115
  • California Smoker’s Helpline
    1-800-662-8887 (1-800-NO-BUTTS)
  • VA-San Jose Community Clinic
    408-363-3000
    http://www.paloalto.va.gov/locations/sanjose.asp

Some of the rationale for a smoke free campus includes:

  • Tobacco, both smoked and smokeless, is the leading cause of cancers of the cheeks, gums, palate, tongue and lips.
  • A one-pack-a-day smoker increases their chances of cancer of the esophagus by as much as 500%.
  • Cigarette smokers are ten times more likely to die of lung cancer than non-smokers.
  • Cancer is not the only disease associated with smoking.
  • Cigarette smokers are twice as likely to get peptic ulcers as are non-smokers.
  • Nicotine is a powerful constrictor of blood vessels and small arteries and results in the restriction of oxygen flow to the heart and elsewhere.
  • Heart attacks and strokes are results of oxygen restriction.
  • Smoking more than 1/2 pack daily is also associated with higher incidence of infertility in women.
  • Babies born to women who smoke are lighter and smaller than those born to non-smokers. This is important because birth weight is a predictor of infant health.

Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS)

HIV/AIDS is a viral disease which destroys the body’s ability to fight specific illnesses.

The risks of HIV/AIDS can be reduced by:

  • Avoiding the exchange of body fluids. HIV can be passed through the exchange of blood, semen, vaginal secretions and breast milk.
  • Using condoms correctly and consistently to greatly reduce the exchange of body fluids.
  • Reducing the number of sexual partners.
  • Avoiding the use of intravenous drugs or sharing needles.
  • Abstinence.
  • Communicating with sexual partners before having sex about being tested for sexually transmitted infections and protection.

For more information about HIV/AIDS prevention, confidential testing, safer sex and free condoms, contact:

Student Health Center, Wellness and Health Promotion

Student Wellness Center 101
408-924-6280
www.sjsu.edu/wellness
www.sjsu.edu/studenthealth/

For anonymous HIV testing, please contact the following locations:

Santa Clara County Public Health (Crane Center)

976 Lenzen Ave., Suite 1800
San José, CA 95126
408-792-3720

Billy DeFrank LGBT Center

938 The Alameda
San José, CA 95126
408-293-3040

Asian Americans for Community Involvement (AACI)

2400 Moorpark Ave #300
San José, CA 95128
408-975-2730 ext 381