Oflicc a! Employee neiaimiis suit my, stile stun impiini.>> mitt tee cn 91182 mi shit SAN DIEGO STATE UNIVERSITY rut 619.5%] MM tax museum iirip i/m itt dish .xtu August 2|.20l4 CONFIDENTIAL Notice of Investigation Outcome The office at Employee Relations and Compliance has completed the investigation ot your complaint against SDSU professer Martin. Allhuugh you opted to forge a written complaint filin .you have expressed an ongoing interest in the resolution ofthis issue Accordingly, I am uiug Notice oflnvestigation Outcome, livnrit in express my appt'eclntimt for your cooperation and patience through this investigation pmcess. The investigation included intervtews With you. Dr. Martin. three other members ofihe SDSU faculty. twelve current or former SDSU graduate students. and two other SDSU undergraduate students Add the inves Eation conSidered documentary evidence revealed throuin the course of the investigation, includng text messages provided by you Investigation findings were based on the preponderance 0f evidence, Where necessary. credibility a. factored into investigation findings. RELEVANT POLICY Per Executive 0rch |074' Sexual Harassment. as defined iit California Education Code ?2|2 5 consists of both none sexual conduct based on sex or and conduct that is sexual in nature. and includes unwelcome sexual advances. requesls for sexual favors. and other verb2t1.vlsutil.or physical conduct otti sexual nature where: a. Submission to, oi I'ejecllon of. the conduct by the Student is explicitly or implicitly metl as the basis for any decision affecting the Student's academic status or progress. or access to benefits and services, honors. programs, or activities available at or tliiuugh the University: or b. The conduct is sufficiently severe. persistent or pervasive that its effect. whether or not intended. could be consideled by a reasonable person in the shoes nflhe Sludent, and is mm mm mt in>> on minors emit um- its in tact 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. RELEVANT FINDINGS AND CONCLUSION While the investigation yielded many findings in the interest of protecting the privacy interests of those involved. including the complainant and other witnesses, only those findings directly related to your complaint are addressed in this Notice of Investigation Outcome. The investigation found: 1. Martin obtained _cell phone number tinder the guise ofinterest in her as a babysitter and subsequently sent her numerous propositions and suggestive text messages, including messages in which Martin encouraged undernge dn'nlcing. 2. Martin's conduct with- was unwelcome by-- a. Repeated propositions of the sort Martin made whether acted upon or not 7 would be reasonably unwelcome the context of a professor-student relationship. b. While -appears to go along with and consent to Martin's conduct (at times even initiating text messages) and never an a es in any communication with Martin clearly opposing his conduetigand Martin are in a relationship ofuucqual power. Martin i professor and many years older than_. It is within this context that it would he difficult and potentially disaaviuitageotis for-to not go along Martin's conduct. oppose it. or refuse it 7 even when it was unwelcome. o. By her own account, Manin's conduct with - was unwelcome and became more so as it persisted. 3. As result ofMartin's personal interest in -, lie exempted her from taking the final exam in Spanish Civilization. 4. Martin postponed the midterm exam in Spanish Prose and Poetics and subsequently communicated with_ to suggest this act was a personal favor. Based in part on Findings 1 and 2, the investigation concluded that Dr. Martin engaged in conduct of a sexually oriented nature. Within the context of a professorrstudent relationship, this conduct was deemed sufficiently severe to constitute sexual harassment. Based in part on Findings 3 anti 4, the investigation concluded that your submission to the conduct was implicitly used as a basis for decisions affecting your academic status or progress. Dri Martin's conduct was found to violate Executive Order 1074. REMEDY At the time of your participation in the investigation process, you were enrolled in a course with Dr, Martin. At your request and as an interim remedy, the Office of Employee Relations and Compliance facilitated your withdrawal without record from the course, To remedy the issues revealed by the investigation, the Office of Employee Relations and Compliance has issued the full investigation report to the SDSU Title IX Coordinator and Faculty Affairs for appropriate intervention. NON -RETALIATION It is prohibited for any member of the University community to retaliate against persons who have raised discrimination or harassment issues with the Office of Employee Relations or Compliance or who have participated in any investigation conducted by this office. If you experience any acts you believe to be retaliatory, please contact the Office of Employee Relations and Compliance at (619) 594?0607. Thank you again for your c00peration and patience. Should you need any further assistance from me on this matter or others, please do not hesitate to contact me. Director Office of Employee Relations and Compliance cc: Edith Benkov, Associate Vice President of Faculty Affairs Jessica Rentto, J.D., Associate Vice President of Administration; Title IX Coordinator