Executive Order 1096 and 1097 Procedures
CSU Executive Order 1097 is the systemwide procedure for all reports (reports) of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking made by students against the CSU, a CSU employee, other CSU students or a third party.
CSU Executive Order 1096 is the systemwide procedure for all reports of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties
Intake Interview. The Title IX Coordinator shall meet with the Complainant as soon as possible, but no later than 10 Working Days after a report was received. The Complainant shall make him/herself available for this meeting. The meeting shall serve as the initial intake interview and will: (a) acquaint the Complainant with the investigation procedure and timelines; (b) inform the Complainant of his/her rights (including having an advisor throughout the process); (c) provide the opportunity for the Complainant to complete and sign a complaint form, if not already done; and (d) discuss Interim Remedies and Supportive Measures, as appropriate.
Assessment to determine appropriate process. All Formal Complaints submitted to the Title IX Office will be first assessed under Addendum B to determine whether those procedures apply. If a formal complaint does not meet the criteria to be processed under Addendum B, the complaint may be processed under EO 1096 or 1097 (our current single-investigator model) or Addendum A (our current hearing-model for student cases that occur off-campus).
In response to receiving a Formal Complaint, all parties will be notified of the Complaint as well as how the matter will proceed. For matters that will proceed via Executive Order 1096 or Executive Order 1097, a summary of the process is as follows. Please see the full policy for complete details.
Possibility of Informal Resolution
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 Procedure. The parties (including Complainant and Respondent) shall have equal opportunities to present relevant witnesses and evidence in connection with the investigation. The investigation shall be completed no later than 60 Working Days after the intake interview, unless the timeline has been extended pursuant to Article VIII. E or F. Upon inquiry, the parties shall be advised of the status of the investigation.
Investigative Report. Within the investigation period stated above, the Investigator shall prepare an investigative report. The report shall include a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered and appropriate findings.
Notice of Investigation Outcome. The Title IX Coordinator shall notify the Parties in writing of the investigation outcome within 10 Working Days of completing the report. The notice shall inform the Parties of their right to file an appeal under Article VII. Please reference the appropriate Executive ORder for information regarding the appeal process.
Where a report is made against a Student, the Title IX Coordinator shall also notify the Campus student conduct administrator of the investigation outcome. Where a report is made against an employee, the Title IX Coordinator shall notify Human Resources and/or Faculty Affairs.
- When complainant and respondent receive the Notice of Investigation, they are informed of their right to have an advisor of their choice when being interviewed by the investigator.
- The complainant and the respondent are informed of their rights to provide the investigator with information and documentation they feel are relevant to the claim at any time during the investigation.
- The complainant and the respondent have the right to identify witnesses to support their respective positions during the interview process of the investigation.
- The complainant and the respondent are informed through the official notice of the Investigation Outcome of the right to appeal to the Chancellor's Office if not satisfied with the findings of the investigation.
Confidentiality. Information regarding the report shall be shared with other University employees and law enforcement exclusively on a "need to know" basis.