Athletics comply with consent law

Infographic | Tam Duong Jr.

This information was found through the Clery Act on csueastbay.edu.

Todd Washburn,
Contributor

In compliance with state law the California State University East Bay athletics department will improve how they handle rape and sexual assault accusations
SB97 is an addendum to the Title IX law which requires, “an affirmative, conscious and voluntary agreement to engage in sexual activity.”

The legislation, was passed last month by the California State Senate.

According to the bill, institutions must adopt and implement written procedures and policies to ensure that students, faculty, and staff who are victims of sexual assault on the grounds or facilities of their institutions receive treatment and information, including a description of on-campus and off-campus resources.

After the policy was passed, the CSUEB Chancellor’s Office called for a resolution to update campus policies for students, athletes and staff.
For athletes, not only do they have to comply with university guidelines of conduct and discipline, but also the university and the athletics department are required to report infractions to the NCAA-II.

Bylaw 10.4 Disciplinary Action states, “Prospective or enrolled student-athletes found in violation of the provisions of this regulation shall be ineligible for further intercollegiate competition subject to appeal to the committee on student athlete reinstatement for restoration of eligibility.”

For athletes, not only do they have to comply with university guidelines of conduct and discipline, but also the university administration and the athletics department are required to report infractions to the NCAA-II.

Bylaw 10.4 Disciplinary Action states, “Prospective or enrolled student-athletes found in violation of the provisions of this regulation shall be ineligible for further intercollegiate competition subject to appeal to the committee on student athlete reinstatement for restoration of eligibility.”

Athletics could not only be subject to penalties from the university such as dismissal from the institution but could also lead to penalties such as loss of eligibility from the NCAA-II disciplinary committee.

“We meet with our students regularly to review our campus and departmental policies and procedures. We meet with our coaches throughout the year to cover a variety of topics including compliance and NCAA regulations,” said Assistant Athletics Director Beth Murdock.

Since Murdock has been in her position, she stated that no incidents have been brought to her attention.

Coaches at CSUEB are also proactive in changing policy and keeping their athletes up-to-date with conduct.

Men’s head soccer coach Andy Cumbo asked Murdock and the University Police Department to speak with his players to educate them during these updates, according to the university.

Police Chief and 28-year law enforcement veteran Sheryl Boykins said that men’s basketball coach Gus Argenal is eager to reach compliance.
“I’ve watched Coach Gus interact with his students on these issues. As a matter of fact, he wants me to talk to his athletes about the new laws,” said Boykons.

Since Boykins has been at CSUEB, she has seen no Title IX violations, and those that did come through her office were adjudicated through the Alameda court system. This coincides with the campus security report that logged only two forcible sexual offenses and three rapes for the fiscal year of 2010.

Boykins believes that athletes have a leadership quality, “they have to go out and lead; so part of that is knowing the law. Bystander intervention is important.”

In addition to keeping compliant to the new Title IX legislation, all CSUEB staff and students will be required to complete a one-hour online training module called “Haven” beginning Oct. 15 to help students understand the many aspects of the sexual assault issue and instructions will land in students’ MyCSUEB account the same day.