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Appeals to the Chancellor (CO)
Any Complainant who is not satisfied with a Level I determination that this executive order was not violated may file a Level II appeal with the Office of the Chancellor (CO) no later than 10 Working Days after receipt of the written notice of the Level I outcome.
Level II appeals shall be addressed to: CSU Office of the Chancellor, Equal Opportunity and Whistleblower Compliance Unit, Systemwide Human Resources, 401 Golden Shore 2nd Floor, Long Beach, California 90802.
The CO shall promptly notify the Campus DHR Administrator or Title IX Coordinator of any such appeal.
The appeal shall be in writing and shall: (1) specify the reasons why the determination reached at Level I was erroneous; and (2) identify the specific evidence that supports a finding the alleged Discrimination, Harassment or Retaliation by a Preponderance of the Evidence. The issues and evidence raised on appeal shall be limited to those raised and identified at Level I. The CO will offer reasonable accommodations to Complainants who are unable to submit a written appeal because of Disability.
The CO review shall be limited in scope to determining (1) whether the Level I findings of fact are supported by a Preponderance of the Evidence; and (2) whether the findings of fact support the conclusion that this executive order was not violated. The review will not involve a new investigation and will not consider evidence that was in existence but not identified during the Campus investigation. If the CO review determines that evidence that would have affected the Level I determination was not considered, the Complaint shall be returned to the Campus so that the Level I investigation may be completed and the findings revised within a specified timeframe. Under these circumstances, the Student and Accused shall be informed that the investigation has been reopened and the timeline established in Article VII. D shall be extended pursuant to Article VIII. E and F.
The CO designee shall respond to the Student no later than 60 Working Days after receipt of the Level II appeal, unless the timeline has been extended pursuant to Article VIII. E or F. The response shall include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, a determination of the two issues listed in Section C above, and a final decision. A copy of the CO Response shall be forwarded to the Campus DHR Administrator or Title IX Coordinator, as appropriate, who shall determine whether any additional Remedies shall be afforded, and if so, provide prompt written notice to the Complainant. Where a Complaint is filed against another Student, a copy shall also be provided to the Campus student conduct administrator. A separate notification shall be provided to the Accused(s) indicating whether he/she has been determined to have violated this executive order by a Preponderance of the Evidence.
The CO Response and decision are final and conclude the CSU Complaint process.