91¶ÌÊÓƵ

Students will receive an email with a link to the training.  Please see the links below for access and instructions on how to log in and how to receive a certificate of completion.
 

Sexual Misconduct Awareness Training is assigned annually for ALL students at 91¶ÌÊÓƵ, per the California State University Chancellor’s office, the State of California, and Federal mandates.

Yes. All Cal State University East Bay students are assigned sexual misconduct awareness and prevention training, regardless of whether they are taking courses on campus or online.

Yes, all Cal State University East Bay students, whether they are taking OPEN UNIVERSITY, continuing education, or courses leading to baccalaureate, master’s, or doctoral degrees are required to take this sexual misconduct awareness and prevention training.

No. All responses are strictly confidential: 91¶ÌÊÓƵ will only receive information about the student body as a whole and will NEVER see any individual student’s answers.

Fact: Rape and Sexual Violence are crimes of violence and control that stem from a person’s determination to exercise power over another. Neither provocative dress nor promiscuous behaviors are invitations for unwanted sexual activity. Forcing someone to engage in nonconsensual sexual activity is sexual assault, regardless of the way that person dresses or acts.

Sex Discrimination

Sex Discrimination means an adverse action taken against an individual because of gender or sex (including sexual harassment, sexual violence, domestic violence, dating violence, and stalking) as prohibited by Title IX; Title IV; VAWA/Campus SaVE Act; California Education Code § 66250 et seq.; and/or California Government Code § 11135. See also Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Cal. Govt. Code § 12940 et seq.), and other applicable laws. Both men and women can be victims of Sex Discrimination.

Sexual Harassment

Sexual Harassment, a form of Sex Discrimination, is unwelcome verbal, nonverbal, or physical conduct of a sexual nature that includes, but is not limited to sexual violence, sexual advances, requests for sexual favors, and indecent exposure, where:

• Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a student’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
• 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 student, and is in fact considered by the student, as limiting the student’s ability to participate in or benefit from the services, activities or opportunities offered by the University; or
• Submission to, or rejection of, the conduct by a University employee is explicitly or implicitly used as the basis for any decision affecting a term or condition of employment, or an employment decision or action; or
• 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 University employee or third party, and is in fact considered by the University employee or third party, as intimidating, hostile or offensive.

Sexual Harassment also includes acts of verbal, non-verbal, or physical aggression, intimidation, or hostility based on gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Sexual Violence

Sexual Violence is a form of Sexual Harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (when based on gender or sex), perpetrated against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to that individual's use of drugs or alcohol, status as a minor, or disability. Sexual Violence may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). Men, as well as women, can be victims of these forms of Sexual Violence. Unlawful sexual intercourse with a minor (statutory rape) occurs even if the intercourse is consensual when the victim is under 18 years old because the victim is considered incapable of giving legal consent due to age.

Sexual Assault

Sexual Assault is a form of Sexual Violence and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s gender or sex.

Sexual Battery

Sexual Battery is a form of Sexual Violence and is any willful and unlawful use of force or violence upon the person of another because of that person’s gender or sex.

Rape

Rape is a form of Sexual Violence and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when the person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The accused’s relationship to the person (such as family member, spouse, friend, acquaintance, or stranger) is irrelevant. (See complete definition of Consent below.)

Acquaintance Rape

Acquaintance Rape is a form of Sexual Violence committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website. (See above for definition of Rape.)

Affirmative Consent

Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean consent nor does silence mean consent.

• Consent must be voluntary and given without coercion, force, threats, or intimidation. Consent requires positive cooperation in a particular sexual act, or expression of intent to engage in that sexual act through the exercise of free will.
• Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity. There must always be mutual and affirmative consent to engage in sexual activity. Consent to a sexual act may be withdrawn or revoked at any time, including after penetration. The victim’s request for the perpetrator to use a condom or birth control does not, in and of itself, constitute consent. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
• Consent cannot be given by a person who is incapacitated. For example, a person cannot give consent if s/he is unconscious or coming in and out of consciousness. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational judgments. Examples of incapacitation include unconsciousness, sleep, and blackouts. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. A person with a medical or mental disability may also lack the capacity to give consent.
• Being intoxicated by drugs or alcohol does not diminish a person’s responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered include whether the person knew, or whether a reasonable person in the accused’s position should have known, that the victim did not give, or revoked, consent; was incapacitated, or was otherwise incapable of giving consent.
• Sexual intercourse with a minor is never consensual when the victim is under 18 years old because the victim is considered incapable of giving legal consent due to age.

Domestic Violence

Domestic Violence is a form of Sexual Violence and is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the abuser has a child, someone with whom the abuser has or had a dating or engagement relationship, or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of the relationship. Factors that may determine whether persons are cohabiting include, but are not limited to (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.

Dating Violence

Dating Violence is a form of Sexual Violence and is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website.

Stalking

Stalking means a repeated course of conduct directed at a specific person (when based on gender or sex) that places that person in reasonable fear for his/her or others’ safety or to suffer substantial emotional distress.

Retaliation

Retaliation means Adverse Action taken against a Student because he/she has or is believed to have:

1. Exercised rights under CSU Executive Order 1097;
2. Reported or opposed conduct which he/she reasonably and in good faith believes
   is Discrimination, Harassment or Retaliation;
3. Participated in a Discrimination, Harassment, or Retaliation
   investigation/proceeding; or
4. Assisted someone in reporting or opposing Discrimination, Harassment or
   Retaliation.

Bystander Intervention

Bystander Intervention is the willingness to take action and help someone in a time of need.

• Sexual contact requires mutual consent. An incapacitated person (for example, a person who is intoxicated by drugs or alcohol) is incapable of giving consent.
• No one deserves to be sexually assaulted, stalked or victimized in any way.
• Don’t engage in any behavior that may be considered dating/domestic violence, sexual assault, stalking or any other form of violence.
• Never use force, coercion, threats, alcohol or other drugs to engage in sexual activity.
• Take responsibility for your actions.
• Avoid alcohol and other drugs.
• Remember “no” means “No!” and “stop” means “Stop!”
• Report incidents of violence (including coercion) to law enforcement and campus authorities.
• Discuss dating/domestic violence, sexual assault and stalking with friends—speak out against violence and clear up misconceptions.
• Don’t mistake submission or silence for consent.

• Be aware. Does your partner: Threaten to hurt you or your children? Say it’s your fault if he or she hits you and then promises it won’t happen again (but it does)? Put you down in public? Force you to have sex when you don’t want to? Follow you? Send you unwanted messages and gifts?
• Be assertive. Speak up.
• Stay sober and watch out for dates and/or anyone who tries to get you drunk or high.
• Clearly communicate limits to partners, friends, and acquaintances.
• Never leave a party with someone you don’t know well and trust.
• Trust your feelings; if it feels wrong, it probably is.
• Learn all you can and talk with your friends. Help them stay safe.
• Report incidents of violence to law enforcement and campus authorities.

• Go to a safe place as soon as possible.
• Preserve evidence.
• Report the incident to University Police or local law enforcement.
• Report the incident to your campus Title IX Coordinator.
• Call a domestic violence, sexual assault or stalking hotline.
• Call a friend or family member for help.
• Know that you are not at fault. You did not cause the abuse to occur and you are not responsible for someone else’s violent behavior.

There usually is a pattern or a repeated cycle of Dating Violence, starting with the first instance of abuse.

General Pattern of Behavior: 

    •  Tension Building: Relationship begins to get strained or tense between partners.
    •  Explosion: Outburst that includes verbal, emotional, or physical abuse.
    •  Honeymoon: Apologies where the abuser tries to re-connect with his/her partner by shifting the blame onto someone or something else.

Any actions used for the intent of gaining power and control over a person:

• Physical Abuse: any use of physical force with the intent to cause injury (i.e. grabbing in a way to inflict pain, hitting, shoving, strangling, kicking)
• Emotional Abuse: non-physical behaviors such as threats, insults, constant monitoring, humiliation, intimidation, isolation, silent treatment, or stalking
• Sexual Abuse: any action that impacts the partner’s ability to control his/her sexual activity or the circumstance in which sexual activity occurs, including rape, coercion or restricting access to birth control

Ask yourself if your partner engages in one or any of the following activities:

• Checks my cell phone or email without my permission.
• Monitors where I’m going, who I’m going with, what I’m doing.
• Repeatedly says or does things to make me feel inadequate or inferior to him/her.
• Extreme jealously or insecurity.
• Isolates me from my friends and family.
• Explosive temper.
• Mood swings.
• Assumes control over my access to financial resources.
• Tells me what to do.
• Possessiveness.
• Physically hurts me in any way.

Stalking is a pattern of behavior that makes you feel afraid, nervous, harassed or in danger. It is when someone repeatedly contacts you, follows you, sends you things, talks to you when you don't want them to or threatens you. Stalking behaviors can include:

• Damaging your property.
• Knowing your schedule.
• Showing up at places you go.
• Sending mail, e-mail, texts and pictures.
• Creating a website about you.
• Sending gifts.
• Stealing things that belong to you.
• Calling you repeatedly.
• Any other actions that the stalker takes to contact, harass, track or frighten you.

You can be stalked by someone you know casually, a current boyfriend or girlfriend, someone you dated in the past or a stranger. Getting notes and gifts at your home, on your car or other places might seem sweet and harmless to other people. But if you don't want the gifts, phone calls, messages, letters or e-mails, it doesn't feel sweet or harmless. It can be scary and frustrating.

Sometimes people stalk their boyfriends or girlfriends while they're dating. They check up on them, text or call them all the time, expect instant responses, follow them, use GPS to secretly monitor them and generally keep track of them, even when they haven't made plans to be together. These stalking behaviors can be part of an abusive relationship. If this is happening to you or someone you know, you should talk to a trusted person.

Stalking is a crime and can be dangerous. California Penal Code section 646.9, in part, states, “Any person who willfully, maliciously and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking...”

Think about ways you can be safer. This means thinking about what to do, where to go for help and who to call ahead of time:

• Where can you go for help?
• Who can you call?
• Who will help you?
• How will you escape a violent situation?

• In an emergency, call 911 or University Police or the local police department.
• Let friends or family members know when you are afraid or need help.
• Be aware of your surroundings. Knowing where you are and who is around you may help you find a way to get out of a bad situation.
• Avoid isolated areas.
• Avoid putting headphones in both ears so you can be more aware of your surroundings.
• Trust your instincts. If a situation or location feels unsafe or uncomfortable, remove yourself.
• Vary your routine, your driving routes and where you park your car.
• When you go out, tell someone where you are going and when you'll be back.
• Memorize the phone numbers of people to contact or places to go in an emergency.
• Don’t load yourself down with packages or bags restricting your movement.
• Keep your cell phone handy; check to see that you have reception and that your cell phone is charged.
• Have money for a cab or other transportation.
• Save notes, letters or other items that the stalker sends to you. Keep a record of all contact that the stalker has with you; these items will be very useful in an investigation.

If you know someone who is being stalked, you can:

• Encourage your friend to seek help.
• Be a good listener.
• Offer your support.
• Ask how you can help.
• Educate yourself about stalking.
• Avoid any confrontations with the stalker; this could be dangerous for you and your friend.