Once a formal complaint is evaluated to confirm the matter will not proceed via Addendum B, the matter is assessed to determine if the complaint shall proceed via Addendum A. Specifically, if the matter is (i) alleging Sexual Misconduct or Dating and Domestic Violence by a Student that, (ii) if substantiated, could result in a severe sanction (suspension or expulsion), and (iii) where credibility of any Party or witness is central to the finding. If the matter is determined to fall under Addendum A, the process is summarized below.
How Will the Complaint Be Resolved through Addendum A?
There are two possible ways in which this Formal Complaint may be resolved:
If the Title IX Coordinator or either Party believe that it may be possible to resolve the Complaint in a prompt, fair, and reasonable manner without a hearing, the Title IX Coordinator may suggest the Parties consider an Informal Resolution subject to the following:
- Both Parties must agree to engage in the Informal Resolution process;
- Any agreed-upon remedies and disciplinary sanctions will have the force and effect of sanctions imposed following a hearing;
- The terms of any resolution must be memorialized in writing and signed by the parties and the Title IX Coordinator; and
- The resolution will be final and not appealable by either Party.
Investigation and Hearing Process
The assigned Investigator will gather all evidence during interviews with the Complainant and the Respondent, and witnesses, as well as any documentary evidence where applicable. The Investigator will compile a preliminary report of all the evidence (known as a “Preliminary Investigation Report”), and parties will be given an opportunity to review and respond to the evidence and to submit additional evidence and questions they would like the investigator to ask the other Party and any witnesses (this is known as “Review of Evidence”). Once the Review of Evidence process is complete, the Investigator will issue a Final Investigation Report.
A hearing will then be scheduled. Hearings are overseen by a neutral Hearing Officer. The Hearing Officer is someone different to the Investigator who will initially take statements regarding the complaint. Parties will not meet the Hearing Officer until the day of the hearing.
During the hearing, the Hearing Officer will ask questions of Parties and any witnesses. Parties will not be permitted to directly question the other Party or witnesses during the hearing, but may submit questions they would like the Hearing Officer to ask.
The Hearing Officer listens to the witnesses, including the Complainant and the Respondent and analyzes the evidence. The Hearing Officer decides whether there is a violation of the Executive Order.
If the Hearing Officer determines that the Respondent violated the Executive Order, they will also make a recommendation as to appropriate disciplinary sanctions. If Parties are not
satisfied with the outcome of the hearing, they may file an appeal with the CSU Office of the Chancellor based on one or more of four appeal issues detailed in the Executive Order. Information about the appeal process will be provided to both Parties when the Hearing Officer issues their decision.
Additional information related to Addendum A:
- As indicated in Addendum A, Article V.B, the investigation should be concluded within 100 Working Days from the date of the Notice of Investigation. Parties will receive a copy of the Final Investigation Report within 10 working days after the Review of Evidence concludes.
- At any time during the Complaint process, Parties may request an update on the status of the investigation.
- It is expected that throughout the investigation Parties will only discuss this matter with those that have a legitimate need to know.
- All participants in this process are protected from retaliation.
- Parties may submit any evidence or information they believe is relevant to the investigation. That includes the names of witnesses they believe have relevant information and documentary evidence. Parties may also request that the Investigator attempt to collect documents and other information that is not reasonably accessible to them.
- Parties have the right to a Support Advisor throughout the Complaint process. A Support Advisor can be a friend, family member, union representative, attorney, or any other individual of their choice, provided the Support Advisor is not a person with information relevant to the allegations who may be interviewed by the Investigator during the investigation.
The purpose is to provide an overview of Addendum A- State Mandated Hearing Addendum to CSU Executive Orders 1096 and 1097 (effective August 14, 2020) and to answer what are anticipated to be frequently asked questions. These FAQs do not constitute CSU policy, nor do they 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.