Sexual Misconduct
Harassment and sexual misconduct are prohibited by the Standards for Student Conduct. Sexual harassment as a form of sexual discrimination is also prohibited by federal law, Title IX. University and criminal complaints may be filed for the same incident. The University's process is separate from the criminal process, applying different procedures, standards of proof, and possible penalties.
What is sexual harassment in the
university setting?
Sexual harassment is unwelcome conduct of a sexual nature (sexual violence, sexual advances, requests for sexual favors, indecent exposure, and other verbal, nonverbal or physical unwelcome conduct of a sexual nature) that is so severe or pervasive as to interfere with or limit an individual's ability to participate in or benefit from a University program. Sexual harassment also includes gender-based harassment, which may include acts of verbal, non-verbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Sexual violence, one type of sexual harassment, is a physical sexual act (unwelcome sexual touching, sexual assault, sexual battery and rape) perpetrated against a person without consent or against a person who is incapable of giving consent due to that person's use of drugs or alcohol, or disability.
How is consensual sexual activity
defined?
For purposes of University policy, the person initiating the sexual activity is responsible of establishing consent. Consent to sexual activity requires that participants be fully conscious and that they have clearly communicated their willingness and permission either verbally or nonverbally in such a way that would be seen as consent by reasonable people. Apparent assent gained by coercion, force, or manipulation does not constitute consent. Consent cannot be established simply on the basis of a current or previous dating or romantic relationship. In addition, consent may be revoked at any time during the sexual act.
What is Cal Poly's procedure for addressing sexual harassment?
The safety of members of the University community is the primary concern. Any Cal Poly student or any person involved with Cal Poly students who becomes aware of sexual harassment can file a grievance with the Title IX coordinator or the Office of Student Rights and Responsibilities. Except in the case of a privilege recognized under California Law, any member of the University community who has reason to know of an allegation of sexual harassment shall promptly inform one of these offices. The Title IX coordinator will take immediate steps as needed to assist students and will investigate the situation. While the Standards for Student Conduct prohibit alcohol use on campus or at University related activities and prohibit the use of illegal drugs, these regulations should not be a barrier to reporting an incident of sexual harassment.
If the investigation conducted by the Title IX coordinator concludes that a student is responsible for an act of sexual harassment, the Office of Student Rights and Responsibilities (OSRR) will be notified. The Office of Student Rights & Responsibilities will then begin its disciplinary process, taking steps to promote campus safety and to impose appropriate consequences. That disciplinary process is detailed in the navigation subheadings for this section.
To read Cal Poly's complete sexual assault policy, see Sexual Assault Policy.