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TITLE IX

Title IX Process

Once a report of a policy violation is received in the Title IX office, the campus will follow the process outlined by the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.

The CSU prohibits the following conduct, as defined in Article VII.

  1. Discrimination based on any Protected Status: i.e., Age, Disability (physical and mental), Gender (or sex, including sex stereotyping), Gender Identity (including transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color, caste, or ancestry), Religion (or religious creed), Sexual Orientation, and Veteran or Military Status.
  2. Harassment based on any Protected Status.
  3. Sexual Harassment, including hostile environment and quid pro quo ("this for that").
  4. Dating Violence, Domestic Violence, Sexual Exploitation and Stalking.
  5. Sexual Misconduct.
  6. Prohibited Consensual Relationships.
  7. Retaliation for exercising rights under this policy, opposing conduct that a person believes in good faith is Discrimination or Harassment because of a Protected Status, or for participating, in any manner, in any related investigation or proceeding.

Regardless of whether a Complaint has been made, when the campus becomes aware of possible Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation, the Title IX Coordinator will investigate, or otherwise address the matter.

1. Outreach to Complainant

After receiving a report, the Title IX Coordinator will assess the report and provide outreach to the possible Complainant named in the report.

2. Written Information Regarding Rights and Options for Complaints Reporting Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence or Stalking is sent to complainants.

(Applies only to Complaints of sex discrimination)

3. Initial Assessment

The Title IX Coordinator/DHR Administrator will conduct an intake meeting with any Complainant who responds to outreach communication or otherwise makes a report of a potential policy violation to discuss the Complainant's options, explain the process, and provide information about Supportive Measures.

4. Complaints

The Title IX Coordinator/DHR Administrator will determine whether to open an investigation after making a preliminary inquiry into the allegations. An investigation may not be warranted where the reported information is insufficient. These determinations will be documented in writing by the Title IX Coordinator and maintained in accordance with systemwide records retention policies.

5. Notice of Investigation

At the onset of the investigation, the Title IX Coordinator will simultaneously provide both Parties a notice of investigation. The notice of investigation will include a summary of the allegations, the policy information relating to the allegations, a description of the investigation and resolution procdure, an estimated timeline, the rights for each party, and the possible range of disciplinary outcomes.

6. Process Follows the applicable Track based on the circumstances of the case. 

The Title IX Coordinator will determine which Track (1, 2, or 3) is applicable to each report based on the criteria required for each Track, and proceed according to the guidelines set forth in the Policy.

 

The purpose is to provide an overview of the Policy and to answer what are anticipated to be frequently asked questions. This information does not constitute CSU policy, nor does it purport to represent a comprehensive statement of CSU policy.  Please direct any questions about CSU Title IX-related policy to your campus Title IX Coordinator. 

Track 1 is the Federal Mandated Hearing Process that will be followed when the alleged conduct:

  • Meets the definition of Sexual Harrassment under Artical VII.C of the Policy; and
  • Occured within the United States; and
  • Occured in an education program or activity at the university as defined in Track 1.

The Process:

1. Once a complaint is received that meets the above criteria, it will be reviewed for possible referral to an investigation, or dismissal. If the complaint is dismissed, the Parties have the right to appeal.* 

2. If the case is not dismissed, it may be referred for an investigation. During the investigation, the Parties may agree to settle the matter via Informal Resolution, foregoing a formal hearing. 

3. Once the Investigation is complete, a Hearing will be scheduled. 

4. After the Hearing, a determination regarding responsiblity will be made after the hearing. Both parties have a right to appeal this determination. 

 

Track 2 is the State Mandated Hearing Process that will be followed when:

  • The complaint is against a student; and
  • The complaint is one of Sexual Misconduct, Dating Violence, or Domestic Violence; and
  • The credibility of one (or both) of the Complainant and the Respondent ("the Parties"), or any witness is central to the determination as to whether the Student violated the policy; and
  • The Student is facing a severe disciplinary sanction (expulsion or suspension) if found to be in violation of university policy.
The Process:

1. Once a complaint is received that meets the above criteria, it will be reviewed for possible referral to an investigation, or dismissal. If the complaint is dismissed, the Parties have the right to appeal.*  

2. If the case is not dismissed, it may be referred for an investigation. During the investigation, the Parties may elect to settle the matter via Informal Resolution. 

3. Once the Investigation is complete, a Hearing will be scheduled. 

4. After the Hearing, a determination regarding responsiblity will be made after the hearing. Both parties have a right to appeal this determination. 

 

 

 

The purpose is to provide an overview of the Policy and to answer what are anticipated to be frequently asked questions. This information does not constitute CSU policy, nor does it purport to represent a comprehensive statement of CSU policy.  Please direct any questions about CSU Title IX-related policy to your campus Title IX Coordinator. 

Track 3 is the Non-Hearing Process that will be followed for all other complaints that allege a policy violation (Title IX and DHR).

  • No hearing is involved
  • The investigator determines whether a violation of Policy occured

The Process:

1. Once a complaint is received that meets the above criteria, it will be reviewed for possible referral to an investigation, or dismissal. If the complaint is dismissed, the Parties have the right to appeal.* 

2. If the case is not dismissed, it may be referred for an investigation. During the investigation, the Parties may agree to settle the matter via Informal Resolution. For more information on Informal Resolution, click here. 

3. After the investigation, a determination will be made regarding whether a policy violation occured. Both parties have a right to appeal this determination. 

 

 

The purpose is to provide an overview of the Policy and to answer what are anticipated to be frequently asked questions. This information does not constitute CSU policy, nor does it purport to represent a comprehensive statement of CSU policy.  Please direct any questions about CSU Title IX-related policy to your campus Title IX Coordinator.