General Provisions for Investigations/Review of Complaints

General Provisions
  1. All investigations and reviews shall be conducted impartially and in good faith.
  2. Students and CSU employees are required to cooperate with the investigation and other processes set forth in this executive order, including but not limited to attending meetings, being forthright and honest during the process, and keeping confidential the existence and details of the investigation/review. If a Complainant and/or Accused refuse to cooperate, the CSU may draw all reasonable inferences and conclusions on the basis of all available evidence and conclude the investigation/review.
  3. A Student shall proceed with a Complaint in good faith. A Student who knowingly and intentionally files a false Complaint or gives false statements will be subject to discipline in accordance with §41301, Title 5, California Code of Regulations. Such disciplinary action shall not be deemed to be Retaliation.
  4. Both the Student and Accused shall have the right to identify witnesses and other evidence for consideration; however, the CSU shall decide what evidence (if any) is relevant and significant to the issues raised.
  5. If the Student, the Accused, a witness, the Investigator, CO designee, or other necessary person involved in the Complaint process is unavailable due to any reason deemed to be legitimate by the Investigator/CO designee, the timelines stated herein will be automatically adjusted for a reasonable time period not to exceed an additional 30 Working Days. The Student and Accused shall receive written notification of any period of extension.
  6. Timelines set forth herein may also be extended by mutual agreement. If the Student does not agree or does not respond to the CSU's request for an extension, the CSU shall respond to the Complaint or appeal within the timelines set forth herein. Any such response shall be interim in nature as it will be based upon the information available at the time. The interim response will note that the investigation or review is continuing until the CSU is satisfied that its duty to respond to the allegation(s) has been appropriately discharged. The interim response shall include a summary of the allegations, a description of the investigative and review process, and shall also provide the Student with an anticipated date of completion.
  7. When submitting a Complaint or issuing a Level I or II decision, personal delivery, overnight delivery service, or certified mail shall be used. If personal delivery is used, a signature acknowledging the calendar date of delivery shall be obtained which will establish the date of filing or response. If certified mail delivery is used, the postmark shall establish the date of filing or response.
  8. The CSU is not obligated under this executive order to investigate a complaint not timely filed under its provisions. Nevertheless, the CSU may in its discretion investigate the underlying allegations of any Discrimination, Harassment or Retaliation complaint if it determines the circumstances warrant investigation. In that event, any such investigation shall be subject to Article VI. D through I and Article VIII. A through F, but shall not be subject to Article VII. The CSU may also in its discretion waive the time limits for filing a Complaint and choose to process the Complaint under the process set forth herein.