Student Conduct and Discipline

E-Mail is the Official Method of Communication

The university has established E-Mail as an official method of communication to students. Students will be notified of important dates, deadlines, requirements, processes, services and programs via email to their Cal Poly Pomona e-mail account. Students are responsible for all communications sent to their e-mail account and to stay current and informed with the up-to-date information provided. Because some of the information is time-sensitive, the university strongly recommends that students check their e-mail accounts daily.

Students are assigned a Cal Poly Pomona e-mail address upon admission. As a courtesy and for the convenience of students, the university will provide instructions for redirecting the Cal Poly Pomona email account to a private account. However, errors in forwarding e-mail or communications returned due to relocation or undeliverable address will not excuse the student from missing any university communication. Examples of communication that may be sent via e-mail include, but is not limited to deadlines for making tuition payments, registration deadlines, immunization requirements, opportunities for financial aid, and graduation information.

Student Conduct and Discipline

It is expected that all students are enrolled for serious educational pursuits and that their conduct will preserve an atmosphere of learning. All students are expected to assume the responsibilities of citizenship in the campus community. Association in such community is purely voluntary, and students may withdraw from it at any time that they consider the obligations of membership disproportionate to the benefits.

While enrolled, students are subject to university authority, which includes the prerogative of dismissing students whose conduct is inimical to the aims of an institution of higher education.

Rules of student conduct are included in the California Code of Regulations, Title 5, beginning at Section 41301.

A student who violates university policies or regulations is subject to disciplinary action which can result in a warning, probation, suspension, or expulsion. Procedures under which the university may take disciplinary action against a student are specified by the Chancellor of the California State University as described in Executive Order 1043. These procedures are on the Judicial Affairs website and are on file in the Judicial Affairs Office, Building 26, Room 110.

Inappropriate conduct by students or by applicants for admission is subject to discipline as provided in Sections 41301 and 41302 of Title 5, California Code of Regulations. These sections are as follows:

41301. Probation, Suspension and Expulsion of Students

(a) Campus Community Values

The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.

(b) Grounds for Student Discipline

Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based:

1. Dishonesty, including:
   
   1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
   2. Furnishing false information to a University official, faculty member, or campus office.
   3. Forgery, alteration, or misuse of a University document, key, or identification instrument.
   4. Misrepresenting one’s self to be an authorized agent of the University or one of its auxiliaries.
2. Unauthorized entry into, presence in, use of, or misuse of University property.
3. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
4. Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.
6. Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
7. Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
8. Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events.
   Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
9. Use, possession, manufacture, or distribution of illegal drugs or drug- related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
11. Theft of property or services from the University community, or misappropriation of University resources.
12. Unauthorized destruction, or damage to University property or other property in the University community.
13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
15. Misuse of computer facilities or resources, including:
    
    1. Unauthorized entry into a file, for any purpose.
    2. Unauthorized transfer of a file.
    3. Use of another’s identification or password.
    4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
    5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
    6. Use of computing facilities and resources to interfere with normal University operations.
    7. Use of computing facilities and resources in violation of copyright laws.
    8. Violation of a campus computer use policy.
16. Violation of any published University policy, rule, regulation or presidential order.
17. Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
19. Violation of the Student Conduct Procedures, including:
    
    1. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
    2. Disruption or interference with the orderly progress of a student discipline proceeding.
    3. Initiation of a student discipline proceeding in bad faith.
    4. Attempting to discourage another from participating in the student discipline matter.
    5. Attempting to influence the impartiality of any participant in a student discipline matter.
    6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
    7. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

(c) Procedures for Enforcing This Code

The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.

d) Application of This Code

Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

e) Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

As referenced earlier in Section XXI, Student Conduct (15) (G) the penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030, 89030.1 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code; and Section 245.6, Penal Code.

41302. Disposition of Fees: Campus Emergency: Interim Suspension

The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.

Note: Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code. Authority cited: Sections 66300, 66600, 89030, 89031 and 89035, Education Code. Reference: Sections 66017, 66300, 66600, 69810-69813, 89030, 89031, 89700, Education Code; and Section 626.2, Penal Code.

Freedom of Information for Students

Students shall have the right to reasonable access to university, college, and departmental policies, procedures, standards, and regulations which affect the right of students to enroll, remain enrolled, or withdraw from any course or program of study.

The University Catalog shall be the principal means by which such academic information shall be transmitted to students.

The university, colleges, departments, and interdisciplinary groups shall not initiate and implement policies, procedures, standards, and regulations which affect the rights of students to enroll, remain enrolled, or withdraw from courses or programs of study except through established university procedures.

Students shall have the right to information from each professor as to the general requirements and goals of a course in which they are enrolled, and to know the general criteria upon which they will be evaluated in that course. At the beginning of the quarter, each student shall be provided with a class syllabus.

Just as it is the students’ right to know policies, procedures, standards, and regulations which affect their rights, so shall it be their responsibility to obtain and act appropriately on such information, and their lack of knowledge of such information which has been made accessible to them shall not be cause to waive such policies, procedures, standards, and regulations.

Student Rights and Responsibilities

All members of the university faculty and staff have a primary mission of helping students to make progress toward a degree or credential. Nevertheless, each student is individually responsible for meeting all university requirements and deadlines, as presented in this publication and any other announcements of the university, center or department in which he/she is enrolled.

The University intends that every member of the campus community be afforded a work and study environment free of discrimination based on race, color, religion, national origin, sex, sexual preference, marital status, pregnancy, age, disability or veteran status. All persons are to be protected from abusive or harassing behavior.

Information regarding grievance for students who feel aggrieved in their relationships with the University, its policies, practices and procedures, or its faculty and staff may be obtained from the Judicial Affairs Office in Building 26, Room 110, (909) 869-6900.

Student Complaint Procedure

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 http://www.wascsenior.org/comments.  WASC is the agency that accredits the CSU’s academic programs.
2. If your complaint concerns an alleged violation by CSU of a state law, including laws prohibiting fraud and false advertising, you may present your claim to the Campus President or to the Director of Judicial Affairs at seashe@csupomona.edu.  The President or designee will provide guidance on the appropriate campus process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlines by the President or designee, or by WASC, you may file an appeal with the Associate Vice Chancellor, Academic Affairs at the CSU Chancellor’s Office.  This procedure should not be construed to limit any right that you may have to take civil or criminal legal action to resolve your complaint.

Posting and Chalking Policy

The Office of Student Life and Cultural Centers (OSLCC) maintains the administrative responsibility for all posting on campus. All posters, flyers, banners and signs must be stamped at OSLCC, indicating that they have met all regulations in the university posting and chalking policy. For the full policy, visit http://www.dsa.csupomona.edu/osl/Policies.asp. Organizations currently registered with the OSLCC, committees, colleges, departments and individual students, faculty or staff members are allowed to publicize on campus providing they comply with the regulations. The stamp does not regulate the content of the flier nor the actions and opinions of the entity seeking approval and does NOT necessarily reflect those of the students, faculty or administration of Cal Poly Pomona.

Chalking is permitted only in the University Park grounds. Chalking must be at least 20 feet away from the entrances to the Bronco Student Center and Building 66 (Bookstore). Chalking on the stairs outside the Bronco Bookstore is permitted only on the top portion of the steps.

Unauthorized removal of properly approved and posted materials is an act of vandalism and subject to appropriate disciplinary action. Violators to the posting and chalking policy will be referred to the Director of Judicial Affairs.

University Housing Services have additional posting policies and must be contacted before materials are posted in these areas. dsa.csupomona.edu/uhs/Posting_policity.asp

Academic Freedom

Academic freedom in a university is a fundamental condition necessary for education to flourish. The university is the primary social institution committed to the search for knowledge and the preservation of intellectual freedom. This commitment distinguishes the university from other institutions. Cal Poly Pomona is a community of learners—both teacher-scholars and students—who strive to promote, foster, and sustain academic freedom in its broadest context, with each individual free to pursue truth, knowledge, and meaning according to his or her own best judgment.

Standard of Conduct

All members of the university community are expected to practice self-discipline, fair and independent judgment, and responsibility for their treatment of others. The relationship among faculty, administrators, staff and students should be free of exploitation, harassment, or discriminatory treatment. Particularly, intimate relationships between supervisors and employees, faculty and students, or between any individuals of unequal status are strongly discouraged because of the inherent power imbalance.

All members of the university community are expected to exercise reasonable judgment regarding the separation of their rights, obligations, and activities as private citizens from their responsibilities to the university. Specifically, when they speak or act as private persons, they should avoid creating the impression of speaking or acting for the university.

These statements are intended to preserve academic freedom, maintain professional conduct, and prevent potential discrimination, harassment, and conflict of interest.

Exclusion of Students from Classes

1. An instructor may at any time exclude from his or her course students who are disrupting the orderly conduct of the classroom or are a hazard to themselves or others.
2. Upon excluding a student from a class, the instructor shall, within two academic days, inform the following individuals in writing of the reasons for exclusion from class and that the student has three academic days to file a protest with the instructor’s dean:
   
   1. The instructor’s department chairperson
   2. The instructor’s college dean
   3. The student’s major department chairperson
   4. The student’s major college dean
   5. The student
   6. The Office of Judicial Affairs
      
      The student has three university academic days from the date of exclusion during which a formal protest may be lodged with the instructor’s college dean concerning the instructor’s decision. If the student desires to make such a protest, the college dean and department chairman will interview both the faculty member and the student(s) involved and the dean will make a final decision within three university academic days as to whether or not the student is to be allowed to return to class.
       
3. If the faculty member wishes to prefer disciplinary charges against the student involved, the faculty member shall submit such charges in writing to the Office of Judicial Affairs. However, it will still be necessary to go through the specified process.

Academic Integrity

The University is committed to maintaining academic integrity throughout the university community. Academic dishonesty is a serious offense that can diminish the quality of scholarship, the academic environment, the academic reputation, and the quality of a Cal Poly Pomona degree. The following policy is intended to define clearly academic dishonesty at Cal Poly Pomona and to state the responsibility of students, faculty and administrators relating to this subject.

All forms of academic dishonesty at Cal Poly Pomona are a violation of university policy and will be considered a serious offense. Academic dishonesty includes but is not limited to:

1. Plagiarism, falsification, fabrication—Plagiarism, falsification, fabrication is intentionally or knowingly presenting words, ideas or work of others as one’s own work. Plagiarism, falsification, fabrication, includes copying homework, copying lab reports, copying computer programs, using a work or portion of a work written or created by another but not crediting the source, using one’s own work completed in a previous class for credit in another class without permission, paraphrasing another’s work without giving credit, and borrowing or using ideas without giving credit.
2. Cheating During Exams—Exam cheating includes unauthorized “crib sheets,” copying from another, looking at another student’s exam, opening books when not authorized, obtaining advance copies of exams, and having an exam regraded after making changes. Exam cheating includes exams given during classes, final exams and standardized tests such as the Graduating Writing Test and Math Diagnostic Test.
3. Use of Unauthorized Study Aids—This includes utilization of other’s computer programs or solutions, copying a copyrighted computer program without permission, using old lab reports, having others perform one’s share of lab work, and using any material prohibited by the instructor.
4. Falsifying any University Document—This includes falsifying signatures on university forms, such as Add-Drop and Withdrawal forms, forging another student’s signature and falsifying prerequisite requirements.

In accordance with Executive Order 1006, academic dishonesty cases that occur in the classroom shall be handled by faculty members. However, after action has been taken by the faculty member, the faculty member shall report the incident to Judicial Affairs. The Judicial Affairs website has reporting instructions. Faculty will need to include information that identifies the student who was found responsible, the general nature of the offense, the action taken by the faculty member, and a recommendation as to whether or not additional action should be considered by the Judicial Affairs Office. This process provides a central location for all academic dishonesty cases as an opportunity to hold students accountable for multiple academic dishonesty situations that may occur with several departments and as a way to monitor trends in academic dishonesty.

Consequences for academic dishonesty may include a failing grade on an assignment or a failing grade for the class, in accordance with the expectations set out by the faculty member in each class. Additional consequences for academic dishonesty through the Judicial Affairs Office may include warnings, probation, suspension, or expulsion, in accordance with the student conduct procedures described in Executive Order 1043.

The responsibility of all students is to be informed of what constitutes academic dishonesty and to follow the policy. A student who is aware of another student’s academic dishonesty should report the instance to the instructor of the class, the test administrator, or the head of the department within which the course is offered. Cal Poly Pomona students who come from various international educational systems and wish to understand better the expectations of the American educational system are encouraged to speak with an international student advisor in the International Center.

Campus Violence

The University has a Zero Tolerance policy for threats or acts of violence against members of the campus community.

Civility, understanding, and mutual respect are intrinsic to excellence in teaching, learning and maintaining a productive work environment. The university is also committed to providing a safe and healthy campus culture, which serves the needs of its many constituencies.

The university prohibits and will take decisive action to eliminate:

• verbal or written harassment
• behaviors or actions interpreted by a reasonable person as carrying the potential for violence and/or acts of aggression such as:
  • acts which can be interpreted as physical assault
  • threats to harm someone or endanger the safety of others
  • threats to destroy or the actual destruction of property
  • possession of a weapon (Penal Code 626.9 prohibits bringing a firearm, knife or dangerous weapon onto the campus of a public school including the California State University).

Such conduct is subject to disciplinary action up to and including dismissal from employment, expulsion from the university, or civil or criminal prosecution, as appropriate.

To fulfill this policy, the university will work to prevent violence from occurring and will ensure that federal and state laws, as well as university regulations prohibiting violence, are enforced. In determining whether conduct constitutes a credible threat or act of violence, the circumstances surrounding the conduct will be considered.

It is the responsibility of every administrator, faculty member, staff member, and student to take any threat of violence seriously. All threats must be reported to the appropriate authority. Failure to report any threat is subject to disciplinary action. Managers/supervisors can also be held responsible for civil and personal liability. When confronted by an imminent or actual incident of violence, call 9-1-1 immediately. When presented with a threat of possible violence, action is recommended as follows:

• Threats by a student should be reported immediately to the University Police Department and the Director of Judicial Affairs;
• Threats by a staff or student employee should be reported immediately to the University Police Department and the reporting employee’s supervisor, who will contact the Associate Vice President for Human Resource Services for assistance;
• Threats by a faculty member should be reported immediately to the University Police Department and the appropriate Dean’s Office for consultation with the Associate Vice President for Faculty Affairs;
• Threats from others not affiliated as a student or employee of the university should be reported immediately to the University Police Department.

The PolyCARES Team (Community Assessment and Response for Employees & Students) has been created to address issues of campus violence. The purpose of the PolyCARES Team is to proactively identify, assess, and offer a coordinated institutional response to community members (and non-members) who pose a risk to themselves, others and/or the campus community. For more information please visit the PolyCARES website at: http://www.csupomona.edu/~polycares.

Information concerning Cal Poly Pomona policies, procedures, and facilities for students and others to report criminal actions or other emergencies occurring on campus may be obtained from Cal Poly Pomona’s Police Dispatcher at (909) 869-3070.

Information concerning Cal Poly Pomona’s “Annual Security and Fire Safety Report” may be obtained from Kristin Surber, University Police Department, Building 109, (909) 869-4139 as well as from the website http://dsa.csupomona.edu/police/securityreport.asp.

Hate Crime Policy

The University and the University Police Department will ensure that rights guaranteed by the University, the State and the U.S. Constitution are protected for all people regardless of race, ethnicity/national origin, religious belief, sexual orientation, gender or disability. Any acts or threats of violence, property damage, harassment, intimidation or other crimes designed to infringe upon those rights will be given the utmost priority. The University and University Police are dedicated to maintaining a cooperative effort with local, state and federal agencies as well as the community we serve toward the immediate investigation of reported hate crimes and hate-related incidents, and prosecution and/or University sanctions as appropriate.

This policy provides: (a) guidelines for identifying and investigating reportable crimes and incidents and (b) the resources to which victims can be referred for assistance.

Definitions of Hate-Motivated Crimes and Incidents

Hate Crime: Any unlawful action designed to frighten, harm, injure, intimidate or harass an individual, in whole or in part, because of a bias motivation against the actual or perceived race, religion, ethnic/national origin, sexual orientation, gender, or disability of the victim.

Hate Incident: Not all expressions of hate or group bias rise to the level of a hate crime as defined in state and federal statute. A noncriminal act or incident, while not criminal, is done with the apparent intention to: harass, intimidate, threaten, retaliate, and create conflict, because of a person’s race, ethnic/national origin, religious belief, sexual orientation, gender, or disability. Reporting and monitoring of hate incidents is important, as they may serve as indicators of potential threats and/or campus climate that may escalate into criminal acts.

Reporting and Referrals For Hate-Motivated Crimes and Incidents

The University Police Department is responsible for collecting and reporting hate-motivated statistics. Hate-motivated crimes and incidents may be reported to the following locations on campus:

The Cultural Centers:

 Off-Campus:

The hate crime policy, definitions and referrals are published in the annual Safety on Campus report. Copies of this publication can be found at the University Police Department, Building 109 and Human Resource Services.

Disclosure of Campus Safety and Security Policies, Crime Statistics, and Fire Safety

The Annual Security and Fire Safety Reports are released by October 1 of each year. The report is in compliance with state and federal crime awareness and campus security legislation, including The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act and California Education Code section 67380, and Higher Education Opportunity Act (HEOA). Cal Poly Pomona’s Annual Security and Fire Safety Report includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by Cal Poly Pomona and on public property within, or immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning campus security, such as the policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, and other matters. The report also reflects HEOA amendments that specify new campus safety requirements in the following areas: hate crime reporting, emergency response and evacuation procedures, missing student notification and fire safety issues. These disclosures are required beginning with the report due October 1, 2010. Any institution that maintains an on-campus housing facility must collect fire statistics, publish an Annual Fire Safety Report, and keep a “fire log.” As the new regulations allow, Cal Poly Pomona’s Annual Security and Fire Safety Report and Annual Fire Safety Report are combined and published as one report.

The document may be downloaded or accessed on-line from the University Police web page at http://www.dsa.csupomona.edu/police/ For more information regarding campus or fire safety or to request a printed copy of the report, contact University Police at (909) 869-4139 or email police@csupomona.edu.

Nondiscrimination Policy

Race, Color, Ethnicity, National Origin, Age, Religion and Veteran Status

The California State University does not discriminate on the basis of race, color, ethnicity, national origin, age, religion or veteran status in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. Carmen Munoz-Silva, Director of Diversity and Compliance, has been designated to coordinate the efforts of Cal Poly Pomona to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to the Director of Diversity and Compliance, at (909) 869-5152, or by visiting the CLA Building, Room B1-10.

Disability

The California State University does not discriminate on the basis of disability in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination.Carmen Munoz-Silva, Director of Diversity and Compliance, has been designated to coordinate the efforts of Cal Poly Pomona to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability.  Inquiries concerning compliance may be presented to the Director of Diversity and Compliance, at (909) 869-5152, or by visiting the CLA Building, Room B1-10.

Sex/Gender/Gender Identity/Sexual Orientation

The California State University does not discriminate on the basis of sex, gender, gender identity or sexual orientation in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination. Carmen Munoz-Silva, Director of Diversity and Compliance, has been designated to coordinate the efforts of Cal Poly Pomona to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to tthe Director of Diversity and Compliance, at (909) 869-5152, or by visiting the CLA Building, Room B1-10..  The California State University is committed to providing equal opportunities to male and female CSU students in all campus programs, including intercollegiate athletics.

Title IX of the Education Amendments of 1972 protects all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and violence: 

• Sexual discrimination means an adverse act of sexual discrimination (including sexual harassment and sexual violence) that is perpetrated against an individual on a basis prohibited by Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (Title IX); California Education Code §66250 et seq., and/or California Government Code §11135.
• Sexual harassment is unwelcome conduct of a sexual nature that includes, but is not limited to, sexual violence, sexual advances, requests for sexual favors, indecent exposure and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as limiting the individual’s ability to participate in or benefit from the services, activities or opportunities offered by the university. 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 means physical sexual acts (such as unwelcome sexual touching, sexual assault, sexual battery and rape) perpetrated against an individual without consent or against an individual who is incapable of giving consent due to that individual’s use of drugs or alcohol, or disability. 

See further information in Cal Poly Pomona’s sexual violence prevention and education statement, which includes facts and myths about sexual violence. 

Who to Contact If You Have Complaints, Questions or Concerns

Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX Coordinator is available to explain and discuss your right to file a criminal complaint (sexual assault and violence); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1. 

Campus Title IX Coordinator:

• 909-869-3415, Deputy Title IX Coordinator
• 909-863-3778, Deputy Title IX Coordinator of Athletics
• 909-869-2277, Deputy Title IX Coordinator of Academic Affairs
• 909-869-5152, Deputy Title IX Coordinator of Staff

University Police

Cal Poly Pomona

3801 W. Temple Avenue, Building 109

Pomona, CA 91768

police@csupomona.edu

909-869-3070 (Non-emergency)

909-869-3399 (Anonymous Tip Line)

Emergencies: Dial 9-1-1 (24 hours / 7 days a week)

U.S. 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: http://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 sex discrimination complaints, including sexual harassment and violence.  CSU Executive Order 1074 (http://www.calstate.edu/eo/EO-1074.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 in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim), any member of the University community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX Coordinator.

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

Inquiries Concerning Compliance

Inquiries concerning compliance or the application of these laws to programs and activities of Cal Poly Pomona may be referred to the specific campus officer identified above or to the Regional Director of the Office for Civil Rights, United States Department of Education, 50 Beale Street, Suite 7200, San Francisco, California 94105.

Policy Promoting Equal Employment and Educational Opportunity

Cal Poly Pomona is committed to the principles of equal opportunity in education and employment, to policies and practices that ensure equal opportunity and consideration, and to the protection of civil rights.

It is the policy of Cal Poly Pomona to provide programs, services, and benefits, including employment, without regard to race, religion color, ancestry, ethnicity, gender identity/gender expression, marital status, pregnancy, national origin, age, mental or physical disability, sexual orientation, disabled veterans and other protected veterans’ status.

California State University (CSU) Executive Order 1074

Cal Poly Pomona complies with federal and state laws prohibiting discrimination and harassment against students and applicants for admission, and adheres to the policy embodied in CSU Executive Order 1074. The policy further prohibits that a student or applicant for admission be subjected to unlawful discrimination, harassment/sexual harassment, or retaliation for exercising his/her rights under CSU Executive Order 1074. A system wide procedure for filing complaints of discrimination, harassment and retaliation against CSU employees is provided in CSU Executive Order 1074.

Employees who violate this policy and students who are found to have filed a false complaint may be subject to discipline. If discipline of a CSU employee is appropriate under this policy, it shall be administered in a manner consistent with applicable collective bargaining agreements, CSU policies, and provisions of California Education Code Sections 89535 et seq. Discipline of a student shall be administered in accordance with Section 41301 of Title 5, California Code of Regulations.

Cal Poly Pomona is committed to creating and maintaining a positive learning and working environment. Concerns and/or complaints by Cal Poly Pomona students or by those applying for admission to Cal Poly Pomona should be directed to the Director of Diversity & Compliance, Cal Poly Pomona, CLA Building 98, Room B1-10, telephone (909) 869-5152.

EO 1074 does not apply to a student employee whose discrimination complaint arises out of his or her employment. Employment related discrimination complaints are presented per Executive Orders 927 and 928 and may be directed to the Director of Diversity and Compliance.

Education and Training

Cal Poly Pomona makes the campus community aware of the policy and procedures regarding the recognition and prevention of harassment/sexual harassment. The Office of Diversity and Compliance is charged with distributing this policy and ensuring that appropriate educational and training opportunities are provided to the campus community—employees and students.

Campus Contact

The policy prohibiting harassment, including the procedures for filing a complaint, in employment is available online at www.csupomona.edu/~diversity (Policies and Complaint Procedures). Interested parties may also obtain information by contacting the Office of Diversity and Compliance, CLA Building 98, Room B1-10.

Sexual Assault Policy

Sexual assault is a felony under the law, and a violation of the CSU system wide policies, including EO 1074, and CalPoly Pomona policies. Sexual assult includes rape, acquaintance rape, and sexual battery. The University will promptly investigate all allegations of sexual assault and take appropriate action where required. The following information summarizes the University’s Sexual Assault Policy Statement.

University Procedures Regarding Sexual Assault

Rape and sexual assault are criminal violations of California sexual assault laws and violations of the university code of conduct. Anyone charged with a sexual assault violation which is campus-related may be subject to: (a) a criminal charge filed against the individual, and/or (b) an administrative proceeding initiated by the University. Proceedings may occur concurrently. Disciplinary actions may include probation, suspension, expulsion, or termination from the University even if there is no criminal prosecution. Additional sanctions may be imposed, depending upon the nature of the offense and surrounding circumstances.

Established CalPoly Pomona student and employee disciplinary, grievance or other complaint procedures, including those procedures found in collective bargaining agreements, Executive Orders including 675, and 1074, or the current Statement of Student Rights, Responsibilities and Grievance Procedures, will be utilized as appropriate in resolving these matters.

The University will respect the confidentiality of the survivor and will disclose information: a) with the permission of the survivor, or b) when it is necessary for the safety or in the best interest of the campus community.

Definitions of Sexual Assault

1. Rape is defined in Section 261 of the California Penal Code as non-consensual sexual intercourse. It may involve the use or threat of force, violence, retaliation, or immediate bodily injury. Rape also occurs when the victim is incapable of giving legal consent, for example, when: a) the victim has a mental disorder, or is developmentally or physically disabled; or b) the victim is prevented from resisting the assault due to intoxicating substances (e.g. alcohol or drugs); or c) the victim is unconscious of the nature of the act and is known to the accused. Consent is defined as positive cooperation in an act or attitude pursuant to an exercise of free will; the person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
2. Acquaintance Rape follows the same definition but is committed by someone the victim knows.
3. Sexual Battery is defined in Section 243.4 of the California Penal Code as the touching of an intimate part of another person, if the touching is against the will of the person touched, for the purpose of sexual arousal, sexual gratification, or sexual assault. Assault with intent to commit a sexual battery is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury (e.g. rape) on the person of another.

Safety of the Campus Community is Primary 

The university’s primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for sexual discrimination, harassment or violence; therefore, victims should not be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.

Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence

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 at the university.  Employees may face sanctions up to and including dismissal from employment, pursuant to 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 (see Executive Order 1073 at http://www.calstate.edu/eo/EO-1073.pdf) 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.

Additional Resources

• Cal Poly Pomona’s sexual violence prevention and education statement, which includes facts and myths about sexual violence.
• U.S. Department of Education, regional office:
  Office for Civil Rights
  50 Beale Street, Suite 7200
  San Francisco, CA 94105
  (415) 486-5555
  TDD (877) 521-2172
• U.S. Department of Education, national office:
  Office for Civil Rights
  (800) 872-5327
• Know Your Rights about Title IX
  http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
• California Coalition Against Sexual Assault (http://calcasa.org/)
  1215 K. Street, Suite 1850
  Sacramento, CA 95814
  (916) 446-2520
• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice
• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Office of Violence against Women, United States Department of Justice
• Centers for Disease Control and Prevention: Intimate Partner Violence
• Defending Childhood, United States Department of Justice

Sexual Assault Crisis Support

Sexual assaults must be reported to the University Police at 9-1-1/ (909) 869-3070.  Sexual assaults may also be reported to any of the following offices. The University is committed to providing survivors with support, options, and resources.

 Title IX Coordinator (909) 869-3415

Alternatively, one may anonymously report a crime to the above listed campus authorities.  Each respective unit or person contacted will be responsible for reports, as may be required by law, to be filed for their respective unit, e.g. violations under the Child Abuse Reporting Law,  Jeanne Clery Act or Megan’s law or Title IX. 

Support Services

Sexual assault violations may result in physical harm, psychological harm, or both.  Even if the victim decides not to report the incident to authorities, it is urged that the victim seek medical and counseling assistance for potential emotional trauma and the possibility of sexually transmitted diseases.

• The University Counseling and Psychological Services provides crisis counseling as well as ongoing assistance to students who have experienced sexual assault; Bldg 66 Rm 116   (909) 869-3220.
• The University Student Health Center offers routine medical examinations, including pregancy tests and tests for sexually transmitted diseases; (909) 869-4000.
• The University Violence Prevention & Women’s Resource Center provides support, resource materials, and referrals to community services for women and men; Bldg 95 (909) 869-3102.

Additionally, referrals are available through the following non-university agencies: 

• Project SISTER provides 24-hour/7-day confidential counseling, referrals, court and hospital accompaniment, and other services as needed. Call (909) 626-HELP.
• Community Service Program. Sexual Assault Hotline. 24 hours assistance (714) 957-2737
• Victims of Violent Crimes, Pomona Office  (909) 620-2281
• East LA Rape and Battery Hotline (800) 585-6231
• Rape Crisis Hotlines – Orange County (714) 957-2737
• The Rape Treatment Center – Santa Monica Hospital, (310-319-4503
• Safe At Home Confidential Address Program (877) 322-5227. www.sos.ca.gov/safeathome/

Counseling and Psychological Services office maintain lists of referrals within the community which deal with issues of rape and sexual assault crisis, including legal, medical, and therapeutic support services.  The phone number for Counseling and Psychological Services is (909) 869-3220.

If You Are Assaulted

It is extremely important for you to seek help immediately by doing the following:

• Get to a safe place and call police or 9-1-1. They will take you to the hospital and make a report if desired.
• To help preserve evidence, do not douche, bathe, change clothing, or remove anything from the location of the assault.
• Call or ask someone to call an advocate from Project SISTER. They can assist you in notifying the appropriate agencies. If you wish an on-campus advocate, call the Violence Prevention & Women’s Resource Center.

A survivor may request a change in academic and living situations after an alleged sexual assault, if the changes are reasonably available. Contact the Title IX Coordinator at 909-869-3415, the Deputy Title IX Coordinator of Athletics at 909-869-3778, the Deputy Title IX Coordinator of Academic Affairs at 909-869-2277, or the Deputy Title IX Coordinator of Staff at 909-869-5152. 

Sexual Assault Victim’s Bill of Rights

Under federal law, sexual assault survivors are afforded certain basic rights. The University will notify survivors of sexual assault of their option to report their assault to the proper law enforcement authority and of the following rights:

• The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding.
• Both parties shall be informed of the outcome of any disciplinary proceeding and any sanction that is imposed against the accused.
• Survivors shall be informed of their options to notify law enforcement.
• Survivors shall be notified of counseling services.
• Survivors shall be notified of options for changing academic and living situations if the changes are reasonably available.

Reporting

Pursuant to the Clery Act, statistics are maintained for sexual assault, forcible and non-forcible sex offenses, and other required crime categories. All employees with significant responsibility for student services are required to report incidents of sexual assault and crimes listed under the Clery Act. If the survivor does not wish to report to University Police, an anonymous and confidential data collection form is available at the University Police Department, the Violence Prevention & Women’s Resource Center, Counseling and Psychological Services, Student Health Services, University Housing Services, the Village, and Judicial Affairs.

Student Disciplinary Action

To initiate disciplinary action against a student, you need to report the incident to the Director of Judicial Affairs. If the sexual assault survivor so requests, a same gender investigator will be provided whenever possible.

The University’s student disciplinary process is governed by Executive Order 1073. Students charged with sexual assault are entitled to a disciplinary hearing based on the principle of due process.

The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding. Both shall be informed of the final determination of the proceeding and any sanction that is imposed against the accused.

Sanctions: Rape and sexual assault are criminal violations of California sexual assault laws and violations of the University code of conduct. Anyone charged with a sexual assault violation which is campus-related may be subject to a criminal charge filed against the individual, and/or an administrative proceeding initiated by the University. Proceedings may occur concurrently.

In accordance with CSU system wide and Cal Poly Pomona policies, discipline as appropriate will be issued to students, staff and faculty as a consequence of violating state or federal laws or CSU system wide and University policies.

Research Compliance and Regulatory Affairs

Research involving either human subjects or vertebrate animals must be administered in a manner consistent with requirements of the University Policies and Procedures and applicable federal regulations. The Office of Research within the Division of Academic Affairs is charged with ensuring compliance and ethical review. The Compliance Associate can be reached at extension 4215 for more information pertaining to the requirements for training and completion of protocol applications to conduct such research.

Protection of Human Subjects Policy

University Policies and Procedures for the Protection of Human Subjects in research have been developed to comply with the Federal Policy for the Protection of Human Subjects and are specified in the University’s Federal-wide Assurance filed with the US Office of Human Research Protections. The University Committee having oversight of the use of human subjects in research is the Institutional Review Board (IRB), which has the responsibility to determine risk with regard to human subject research and to approve or not approve such research conducted at the University or under the sponsorship of the University or the Cal Poly Pomona Foundation. This approval must be obtained prior to the initiation of the research. Information and copies of the Policies and Procedures for the Protection of Human Subjects are available in the Research Office and at http://www.csupomona.edu/~research/irb/index.shtml.

Concern for Animal Welfare

The University is committed to the proper care and use of vertebrate animals used in research and instruction on campus. The University Committee having oversight is the Animal Care and Use Committee (ACUC), which has the responsibility to evaluate proposed uses of vertebrate animals and to approve or not approve such uses at the University or under the sponsorship of the University or the Cal Poly Pomona Foundation. Cal Poly Pomona has been accredited by the Association for the Assessment and Accreditation of Laboratory Animal Care, International, and retains an Assurance Statement with the Public Health Service of the National Institutes of Health. Any instances of improper treatment of vertebrate animals in teaching or research should be reported to the Office of Research. Information about policies and procedures concerning uses of vertebrate animals is available in the Research Office and at http://www.csupomona.edu/~research/acuc/index.shtml.

Computer Software Copyright and License Agreement Policy

In order to protect the copyrights of the vendors, proprietary software acquired by the various communities within the University should be used only as described under the specific license agreement negotiated with the particular vendor.

Each individual responsible for the acquisition, rental or lease of desk top computers, capable of executing software programs, will establish procedures to ensure that:

1. Software or firmware acquired for use with the computer under his/her control is not used in violation of any copyrights protection or in violation of any license agreement.
2. Software or firmware acquired for a specific computer is not used on an alternate computer in violation of any copyrights or license agreement.

Appropriate Use of Information Technology Policy

In support of its mission of teaching, research, disseminating and extending knowledge, fostering free and open exchange of ideas and dialogue, and public service, California State Polytechnic University, Pomona provides broad access to computing, communications, and worldwide information resources for all members of the university community within institutional priorities and financial capabilities.

The Cal Poly Pomona Appropriate Use of Information Technology interim policy can be found on line at www.csupomona.edu/~policies/information_technology/Appropriate_Use.html

University Copyright Policy

In 1991 the Academic Senate recommended and the President approved a University Copyright Policy. The Policy is included in the University Manual and in the Handbook on External Funding. For more information call the Office of Research and Sponsored Programs at (909) 869-2954, or the Office of Graduate Studies at (909) 869-3331.

Conflict of Interest

Each individual member of the university community is responsible for acting in an ethical and professional manner. This responsibility includes avoiding conflict of interest, conducting research and instruction in an ethical manner, and protecting the rights of all individuals. All members of the community, including members of the faculty, administration, student body, and staff, should conduct themselves with the greatest professional objectivity.

Smoking Policy

In recognition of the health hazards that exist from side stream or secondhand smoke and in accordance with California State Code, Cal Poly Pomona has adopted a policy promoting a smoke-free environment.

Policy Guidelines. Smoking is prohibited inside and twenty-five feet from all university and auxiliary organization facilities and in all vehicles owned or maintained by the university and auxiliary organizations.

University Housing Services does not permit smoking inside any part of the housing facility, including individual units and balconies/patios/porches or ledges.

Policy Administration and Enforcement. Deans, directors, and department heads are responsible for the administration of this policy. The Associate Vice President for Faculty Affairs and the Associate Vice President for Human Resource Services are available to assist in policy interpretation and to ensure consistent application.

Violations of this policy by employees will be handled through progressive discipline. Student violators will be subject to CSU student disciplinary procedures established pursuant to Section 41301, Title 5, of the California Code of Regulations.

The policy prohibiting smoking is available online at www.csupomona.edu/~policies/administrative.html.

Alcohol and Other Drugs Policies and Programs

Cal Poly Pomona seeks to create and nurture a campus community where healthy lifestyle choices are fostered and promoted. The University accepts responsibility for maintaining and advancing a safe and productive educational and work environment free from both the illegal and the harmful use of alcohol and drugs. The University prohibits the illegal use of alcohol or other drugs, takes positive steps to reduce the abuse of alcohol and other drugs, and will not promote or condone their misuse.

Information concerning the prevention of drug and alcohol abuse and rehabilitation programs may be obtained from Ty Ramsower, chair, Alcohol and Other Drugs Advisory Council, and Associate Director, Health Promotion and Wellness, Student Health Services, Building 46, and can be contacted at (909) 869-2753.  The Interim Alcohol and Other Drugs policy can be found online at www.csupomona.edu/~policies/administrative.html.

Definitions

The term “alcohol” includes: alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirit, wine, or beer, and which contains more than one-half of 1 percent of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances (Business and Professions Code, 23004).

The term “illicit drug” includes any dangerous drug, restricted drug, or narcotic, as those terms are used in California statutes, and all substances regulated under federal law through the Controlled Substances Act, including but not limited to marijuana, cocaine derivatives, “crack,” heroin, amphetamines, barbiturates, LSD, PCP, and substances typically known as “designer drugs” such as “ecstasy.”

Health Risks and Other Consequences

The use of illicit drugs or tobacco, and the illegal use or abuse of alcohol have all been shown to cause serious health consequences, including damage to the heart, lungs, and other organs. Alcohol-related accidents are the number one cause of death among persons under age 25. The most significantly long-term health risk, besides death, is addiction. In addition to direct physical consequences, the abuse of alcohol and other drugs has been associated with impaired learning and increased risks of violence, physical injuries, accidents, acquaintance rape, unwanted pregnancy, and sexually transmitted diseases.

Standards of Conduct

The unlawful possession, use, production, distribution, or sale of illicit drugs or drug-related paraphernalia, tobacco or alcohol, and the misuse of legal pharmaceutical drugs or alcohol by any faculty, staff, student, or visitor is strictly prohibited in the workplace, on University premises, at University activities, or on University business, on campus or off. Any faculty, staff, student or student organization, visitor or visiting organization who violates this Interim Policy on Alcohol and Other Drugs is subject to disciplinary action.

Disciplinary Action

Violations of the Standards of Conduct stated above will result in the following disciplinary actions:

1. Individual students found to be in violation of the University’s standards of conduct are subject to disciplinary sanctions including: warning, disciplinary probation, loss of privileges and exclusion from activities and/or from areas of the campus, referral to a required alcohol or other drug education program, interim suspension, suspension, or dismissal.
2. Registered Campus Organizations found to be in violation of the University’s standards of conduct may be restricted from use of campus services and/or resources to support their organizational activities, and may be placed on probation or suspension.
3. Faculty, staff, and student employees found to be in violation of the University’s standards of conduct are subject to corrective action including: required participation in an approved counseling or treatment program and/or termination.
4. Visitors or visiting organizations found to be in violation of the University’s standards of conduct may be excluded from participation in campus events and/or further use of the campus.

Safety First

Cal Poly Pomona has adopted the following “safety first” approach to Alcohol and other Drugs Interim Policy enforcement. The goal of “Safety First” is to ensure that students receive prompt medical attention for any health or safety emergency (alcohol or drug intoxication, physical violence, etc.), and to ensure there are not impediments to reporting incidents of sexual harassment, violence or assault. Students who call University Police for emergency assistance or to report any incident of sexual harassment or violence, may receive immunity from disciplinary sanctions if calling for help also reveals violations of the University Alcohol and other Drugs standards of conduct. To qualify for immunity, the individuals must cooperate with authorities responding to the incident/emergency, and may be asked to meet with the Director of Judicial Affairs without formal judicial action being taken against the individuals needing assistance or the persons reporting the incident/emergency. Students who demonstrate a repeated or extreme lack of concern for their well-being and the well-being of the campus community may face sanctions.

Federal and State Laws

Depending on the nature of the offense, the unlawful possession, use, manufacture, sale, or distribution of alcohol or illicit drugs may lead to prosecution, may be categorized as a misdemeanor or felony, and may be punished by fine and/or imprisonment. Any property including vehicles, money, or other things of value which are used in, intended for use in, or traceable to transactions that involve controlled substances in violation of federal law are subject to forfeiture to the United States. Persons convicted of possession or distribution of controlled substances can be barred from receiving benefits from any and all federal programs including student grants and loans. (U.S. Code 21, Sections 811, 844, 853, 881)

Possession of not more than 28.5 grams of marijuana is a misdemeanor, punishable by fine. Possession of more than 28.5 grams of marijuana shall be punished by imprisonment or fine, or both. The cultivation, possession for sale, or sale of marijuana constitutes a felony under California Law. A felony conviction can involve serving time in a state prison. (California Health and Safety Code sections 11357-11362.9)

California’s Compassionate Use Act conflicts with federal laws governing controlled substances. The California State University, including Cal Poly Pomona, receives federal funding in the form of student financial aid and grants that would be in jeopardy if those federal laws did not take precedent in our policies. Thus, the use and possession of marijuana in any form or amount violates the CSU Student Conduct Code and the California Compassionate Use Act does not apply at the California State University or Cal Poly Pomona.

No person may sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under the age of 21, or to any one obviously intoxicated, and no person under the age of 21 may purchase alcoholic beverages. It is unlawful for any person under the age of 21 to possess alcoholic beverages on any street or highway or in any place open to public view. (CA Business and Professions Codes 25656, 658, 602, 662).

It is unlawful for any person to drink while driving, or to have an open container of an alcoholic beverage in a moving vehicle. With a blood alcohol level of .08 or higher, a driver is presumed under the influence of alcohol. With a blood alcohol level between .04 and .08 a person may be found guilty of driving under the influence. (Vehicle Code 23153).

Every person who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance or any combination thereof, and is in such a condition that he/she is unable to exercise care for his/her own safety or the safety of others is guilty of a misdemeanor (Penal Code 647f).

Health Education and Assistance

Under the direction of the Vice President for Student Affairs, the Alcohol and Other Drugs Advisory Council annually develops and reviews goals, assesses the effectiveness of campus alcohol and other drugs policies and programs, and makes recommendations to the President in support of maintaining a safe, productive learning environment at Cal Poly Pomona. Programs to educate the University community are conducted on an ongoing basis regarding the health risks and other consequences associated with alcohol and/or drug use and abuse, and promoting responsible and safe drinking behaviors for those who engage in the lawful consumption of alcohol.

The University recognizes alcohol and other drug dependency as treatable conditions and offers educational and counseling assistance and/or referrals to employees and students to aid them in dealing with problems associated with substance abuse.

All faculty, staff and students are encouraged to be proactive in their responses to perceived alcohol abuse or drug dependency by initiating discussions that address the consequences related to health and well-being and the Cal Poly Pomona Interim Policy on Alcohol and Other Drugs. In situations where a member of the campus community is uncomfortable approaching an individual perceived to have a problem with alcohol/drug abuse, the Human Resources Office, Judicial Affairs or Public Safety are viable alternatives to contact.

For students, Counseling and Psychological Services and Student Health Services are campus resources for treatment of alcohol/drug related problems, as well as for advice in assisting students with related issues.

For faculty and staff, the Employee Assistance Program is a campus resource that can provide appropriate referrals for assistance with drug or alcohol related problems. Benefits eligible employees may have coverage in their medical benefits package for counseling and the treatment of alcohol/drug related problems. The Human Resources EAP web site contains referrals to resources. Auxiliary employees and volunteers should check with the Human Resources Representative in their respective auxiliary.