uttire ui taripiuye. neutrons and Sun Diego State Unit at sin sstxitutuprniittar atusat 1881 nap tin Rt ~dsu SAN DIFGO STATE UNIVERSITY lel.20l4 Subject: CONFIDENTIAL Notice of lnvestiwition Outcome Dear The Office of Employee Relations and Compliance has completed the investigation of your August 19,2013 complaint against professor Vincent Martiti. I want to express tny appreciation for your cooperation and patience through this tnves tion process. Tlte investigation included interviews with you. Dr. thiee other members of the SDSU faculty. eleven other current or former SDS graduate students. and three 505 untleigraduaie stiidetits Additionally. tiie considered documentary evidence revealed through the course of the tnvesti tition lnvestlgutiuu findings were based on the preponderance of evidence Where necessary. credibility assessments factored into Investigation findings. RELEVANT POLICY Per Executive Order l074: Sexual Harassmenl. ax defined in Califnrnia Education Code ?2l2.5. of boil! none sexual conduct based on sex sex-stereotyping and mntluci that is sexual in nature, and includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual. at physical conduct ofa sexual nature where Submission to. or lejecllon of. the conduct by the Student is explicitly or implicitly used as the ba 's for airy decision affecting the student's academic status or progress.or access to benefits and services. honors. programs. or activities available at or through the University: or n. b. The conduct is sitffi ently severe. peisistent or pervasive that its effect. whetheroi not be considered by a reasonable person in the shoes of the Student, and is in fact considered by the Student as limiting the Sturieitt's ability to participate in or benefit from the servtees. activities or opportunities offered by the University. August 21 2014 Notice of Investigation Outcome Page 2 RELEVANT FINDINGS ANT) CONCLUSION While the Investigation yielded many findings. in interest of protecting the privacy interests of those involved. including witnesses, only those findings directly related to your complaint are addressed in this Notice of Invesn'gation Outcome. The investigation found: I. Marlin attended the symposium in his capacity as an SDSU professor. 2. others attended the symposium in their capacity as SDSU students. 3. Martin brought with him to secretly take wine from the symposium hospitality suite. In the hospitality suite with Martin was in close by sical proximity to - and made her uncomfortable When tepped back from Martin, he stepped forward. 4. Martin, who was in a position of authority, encouraged the students to drink by secun'ng alcohol, inviting them to his room and joining the students in another room. with at least one student drinking In the point of drunkenness. 5. Martin informed at student that he really likes - in an implied sexual or romantic way, 6. message to a student, asking him, 'Are you fucking Based in part on Findings 3' 5 and 6, 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 in violation of Executive Order 1074. REMEDY In accordance with your statements, your interest in filing this complaint was to ensure that no student is subject to sexually harassing behavior. 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 Coordinntor and Faculty Affairs for appropriate intervention. APPEAL RIGHTS If you are dissatisfied with the outcome of this investigation, you may appeal this matter in writing to the Office of the Chancellor. Please note that your appeal shall be in writing and shall detail your specific disagreements with this response. Appeals must he filed with the Office of the Chancellor, Equal Employment Opportunity and Compliance L'nlt, Systemwide Human Resources, 401 Golden Shore, 4" Floor, Long Beach, CA 90802. For more August 21,2014 Notice of Investigation Outcome Page 3 information regarding appeal procedures, please refer to Executive Order No. 1074, at .calstate .edu/eo/EO- 074.html. 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) 594-6464. Thank you again for your cooperation 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