Title IX

Sexual assault counselors (also called victim or survivor advocates) are confidential and available to assist victims/survivors of sexual assault.

Note: Communications with sexual assault counselors/advocates are protected by state law per California Evidence Code Section §§1035.

Sexual assault counselors/advocates can assist by providing the following:

• Confidential, non-judgmental support
• Information about rights and options to help someone make an informed decision
• Help with reporting sexual assault to law enforcement which includes in-person accompaniments to the police station (the same support is also available for those that report sexual misconduct to the Title IX office)
• Information and accompaniments to sexual assault forensic exams (SAFE’s) and other medical options
  
  Sexual assault counselors/advocates are available on campus and at community-based sexual assault/rape crisis centers.

Note: If a campus-based sexual assault counselor/advocate cannot be reached, you may contact a community-based sexual assault/rape crisis center for immediate assistance. Community-based sexual assault counselors/advocates are available 24 hours a day, 7 days a week, by calling a hotline.

the Open Door Network
1921 19th Street
Bakersfield, CA 93301
(661) 322-9199
https://opendoorhelps.org/

Kern Behavioral Health & Recovery Services
Crisis Hotline:  1-800-991-5272
https://www.kernbhrs.org/

National Sexual Assault Hotline
Hotline staff are available 24 hours a day, 7 days a week via a national sexual assault hotline. Hotline staff can be contacted via phone at (800) 656-4673, or online chat at their website,www.rainn.org.

• Please note - when calling the hotline your call will be directed to a local provider based on the area code of the phone number you are calling from. If you are geographically located in an area different than the area code of the phone number you are calling from, hotline staff can still offer you support but may not have information regarding resources in your location. If this is your situation, please call the 24/7 hotline at the sexual assault/rape crisis center nearest you.

Additional Options for Support: Additional resources for support are available and include but are not limited to, mental health counseling and psychological services on-campus or community-based, your campus Title IX office, and the CSU’s employee assistance program (EAP) are also available.

A law enforcement officer can take a report, help access confidential support, and provide access to medical care after a sexual assault. Police departments are available for response 24/7.

Sexual assaults can be reported at any time (immediately following, days or years after the incident). Statutes of limitations vary, depending on the type of crime/sexual assault and by state. The evidence available, investigations and treatment options may also be impacted by the length of time that has passed since the assault. A sexual assault counselor/advocate or law enforcement can provide you with specific information related to these factors.

Deciding to report a sexual assault to law enforcement is a very private a personal decision. It’s ok to report to police, not report, or not k​nowing if one wants to report. A sexual assault counselor/advocate can provide all information about reporting options so the victim/survivor can make an informed decision.

More information about reporting sexual assault to law enforcement:
https://www.rainn.org/articles/reporting-law-enforcement
https://www.rainn.org/articles/communicating-law-enforcement

Sexual Assault Forensic Exam (SAFE)

(also known as “rape kits”)

A sexual assault forensic exam (SAFE) could be used to collect DNA evidence if the assault occurred within 120 hours. Specialized sexual assault nurse examiners collect samples from a victim/survivor that may contain DNA evidence to help a potential prosecution.

A victim/survivor has the right to have a support person with them and can say no to any part of the exam.

If a person decides they want a SAFE, the sexual assault counselor/advocate can provide more detailed information and help coordinate response with police and the SAFE nurse.

There are two types of exams: a VAWA exam and evidentiary exam.

Note about at-home rape kits: Although well-intentioned, evidence from at home “rape kits” may not be admissible for evidence.

Preserving clothing with potential DNA evidence:
Necessary evidence could be present in the clothes someone wore during the assault — this evidence can be preserved by being stored in paper bags (mold grows in plastic bags.) If the person decides to file a police report or obtain a sexual assault forensic exam (SAFE), the clothes can be provided to them for evidence collection.

More information about sexual assault forensic exams:
https://www.rainn.org/articles/rape-kit

Other Evidence

A sexual assault forensic exam is one way to preserve evidence, but it’s not the only way. Here is a list of other evidence that can be preserved:

• Video – from door cameras, surveillance cameras, social media posts, etc.
• Names of people that may have information such as:
• Eyewitnesses – people who saw behavior or level of intoxication before the assault or witnessed the assault
• Outcry witnesses – people you told about what happened
• Any messages or communication with the perpetrator, including voicemails, texts, email and social media messaging (taking screenshots can be helpful)
• Information/documentation about or photos of injuries
• Receipts – showing where you were or what you were doing

It’s ok if someone does not wish to file a police report or get a sexual assault forensic exam. That said, depending on the nature of the assault, it may still be important to obtain medical care to address potential injuries, exposure to sexually transmitted infections (STI’s), or if there may be a risk of pregnancy.

A sexual assault counselor/advocate can help explore and address issues such as resources to help pay for medical care and confidentiality

The California State University does not discriminate on the basis of gender, which includes sex and gender identity or expression, or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of gender or sexual orientation in employment, as well as in all education programs and activities operated by the University (both on and off campus). The protection against discrimination on the basis of gender or sexual orientation includes sexual harassment, sexual misconduct, and gender based dating and domestic violence and stalking. The following person has been designated to handle inquiries regarding the non-discrimination policies:

Melissa Carleton | Interim Title IX Coordinator | (661) 654 - 2713 | mcarleton@csub.edu

Jorge Villatoro | Deputy Title IX Coordinator | Office of Civil Rights and Compliance | (661) 654-3377 | jvillatoro8@csub.edu 

Questions may also be addressed to:

Office for Civil Rights U.S. Department of Education | 50 Beale Street, Suite 7200 San Francisco, CA 94105-1813

Telephone: 415-486-5555 | FAX: 415-486-5570; TDD: 800-877-8339

Email: ocr.sanfrancisco@ed.gov

NOTICE OF NON-DISCRIMINATION ON THE BASIS OF GENDER OR SEX

1. Myth: Individuals provoke Sexual Misconduct/Sexual Assault by the way they dress or when they act in a promiscuous manner.  
   • Fact:  Sexual Misconduct/Sexual Assault is never the fault of the victim. Sexual Misconduct/Sexual Assault is an act of violence and control that stems from a person’s determination to exercise power over another.  Neither the way a person dresses nor their previous sexual behavior with anyone are invitations for sexual activity. Engaging in sexual activity with another person without that person’s Affirmative Consent is Sexual Assault, regardless of the way that person dresses or acts. 
2. Myth: If a person goes to a bar or back to someone’s room or house, they assume the risk of Sexual Misconduct/Sexual Assault. If something happens later, they can’t claim that they were raped or sexually assaulted because they should have known not to go to those places.
   • Fact: This idea of an “assumption of risk” wrongfully places the responsibility of the offender’s action with the victim. Engaging in sexual activity with another person without that person’s Affirmative Consent is Sexual Misconduct/Sexual Assault, regardless of where it happens. Even if a person went voluntarily to someone’s home or room and consented to engage in some sexual activity, this does not serve as Affirmative Consent for all sexual activity. CSU policy defines Sexual Misconduct to include any sexual activity without Affirmative Consent. Affirmative Consent means informed, affirmative, voluntary, and mutual agreement to engage in sexual activity. Each person involved is responsible to ensure that they have the Affirmative Consent of the other participant(s). When in doubt if the person is comfortable with sexual activity, or a different form of sexual activity, stop and ask. 
3. Myth: It is not Sexual Misconduct/Sexual Assault if it happens after drinking or taking drugs. 
   • Fact: Being under the influence of alcohol or drugs is not an invitation for sexual activity. A person under the influence does not cause others to assault them; others choose to take advantage of the situation and sexually assault them because they are in a vulnerable position. A person who is incapacitated due to the influence of alcohol or drugs is not able to consent to sexual activity.
4. Myth: Most Sexual Misconduct/Sexual Assaults are committed by strangers. It’s not rape if the people involved know each other. 
   • Fact: Most Sexual Assaults are committed by someone the victim knows. A Department of Justice study found that eight out of ten rapes are committed by someone known to the victim. Most often, an intimate partner or former intimate partner, classmate, friend, acquaintance, or co-worker sexually victimized the person.
5. Myth: Rape can be avoided if women avoid dark alleys or other “dangerous” places where strangers might be hiding or lurking.
   • Fact: Sexual Misconduct/Sexual Assault can occur at any time, in many places, to anyone. As noted in Myth 4 above, most Sexual Assaults are committed not by strangers, but by someone known to the victim. The majority of Sexual Assaults occur at or near the victim's home.
6. Myth: A person who has really experienced Sexual Misconduct/Sexual Assault will be hysterical.
   • Fact:  A person who has experienced Sexual Misconduct/Sexual Assault may exhibit a spectrum of responses to the assault which can include: calm, hysteria, withdrawal, anxiety, anger, apathy, denial, and shock. Being sexually assaulted is a very traumatic experience. Reaction to the assault and the length of time needed to process through the experience vary with each person. There is no “right way” to react to being sexually assaulted. Assumptions about the way a person “should act” may be detrimental because each person copes in different ways.
7. Myth: A person who has experienced Sexual Misconduct/Sexual Assault will report the crime immediately to the police. If they do not report it or delay in reporting it, then they must have changed their minds after it happened, wanted revenge, or didn’t want to look like they were sexually active.
   • Fact: There are many reasons why a person may not report the assault to the police or campus officials. It is not easy to talk about being sexually assaulted and can feel very shameful. The experience of retelling what happened may cause the person to relive the trauma. Another reason for delaying a report or not making a report is the fear of retaliation by the offender. There is also the fear of being blamed, not being believed, and being required to go through judicial proceedings. Just because a person does not report the incident does not mean it did not happen. 
8. Myth: Only heterosexual women are assaulted.
   • Fact:  Sexual violence affects people of every gender identity and sexual orientation. While women and girls experience sexual violence at high rates, men and boys also experience sexual assault. Transgender and nonbinary individuals experience high rates of sexual violence. It is important to remember that Sexual Misconduct/Sexual Assault can occur in heterosexual and same-gender relationships. Assumptions about the “typical” victim might lead others not to report the assault because they do not fit the stereotypical victim profile.
9. Myth: It’s only Sexual Misconduct/Sexual Assault if the victim puts up a fight and resists.
   • Fact: There are a number of reasons why a person who is sexually assaulted may not resist. They may experience an involuntary response to what is happening that physically prevents them from resisting or moving (sometimes called “tonic immobility”). A person may also fear that if they resist, they will anger their attacker, resulting in more severe injury. Many assault experts say that victims should trust their instincts and intuition and do what they believe will most likely keep them alive. Not fighting or resisting an attack does not equal consent. 
10. Myth: Someone can only be sexually assaulted if a weapon was involved.
    • Fact: In many cases of Sexual Misconduct/Sexual Assault, a weapon is not involved. The offender often uses physical strength, physical violence, intimidation, threats, or a combination of these tactics to overpower the victim. Although the presence of a weapon while committing the assault may result in a higher penalty or criminal charge, the absence of a weapon does not mean that the offender cannot be held responsible, criminally or otherwise, for a Sexual Assault.

FULL MYTHS & FACTS ABOUT SEXUAL MISCONDUCT DOCUMENT