Formal Resolution Process

Filing a Complaint
Timeline for Filing a Complaint
Requirements for a Complaint
Intake Interview
Advisor
Notice Regarding Complaint
Investigation Procedure
Investigative Report
Notice of Investigation Outcome

The Campus may determine that circumstances warrant initiating an investigation even if a Complaint has not been filed and independent of the intent or wishes of the Student. In that event, any such investigation shall be subject to Article VI. D through I and Article VIII, A through F only. Such investigation shall not be subject to Article VII.

Filing a Complaint

The Student shall submit a written Complaint to the DHR Administrator. The date of receipt shall be deemed to be the Complaint filing date. The DHR Administrator shall offer reasonable accommodations to Students who are unable to submit a written complaint because of Disability.

Timeline for Filing a Complaint

To be timely, a Complaint must be filed no later than 20 Working Days after the end of the academic term (semester/quarter) in which the most recent alleged act of Discrimination, Harassment or Retaliation occurred, unless extended pursuant to Article V above.

Requirements for a Complaint
The Student should complete the attached "CSU Student Discrimination/Harassment/Retaliation Complaint Form" or, in the alternative, the Student shall submit a written signed statement containing the following information:
  1. The Student's full name, address and telephone number(s);
  2. The name of the Accused and job title, position or Student status, if known;
  3. The Protected Status that is the basis for the alleged Discrimination, Harassment, or Retaliation;
  4. A clear, concise statement of the facts that constitute the alleged Discrimination, Harassment, or Retaliation, including pertinent date(s) and sufficient information to identify any individuals who may provide relevant information during the course of any investigation;
  5. A statement verifying that the information provided is true and accurate to the best of the Student's knowledge;
  6. The term and year of the Student's most recent active academic status or the term and year in which he/she sought admission to the University;
  7. The full name, address and telephone number of the Student's advisor, if any;
  8. The specific harm resulting from the alleged Discrimination, Harassment or Retaliation;
  9. The specific remedy sought;
  10. The Student's signature; and
  11. The date on which the Complaint is submitted.
Intake Interview
The DHR Administrator or Title IX Coordinator (in cases alleging Sexual Discrimination, including Sexual Harassment and Sexual Violence) shall meet with the Student as soon as possible, but no later than 10 Working Days after the Complaint was received. The Student shall make him/herself available for this meeting.
  1. The meeting shall serve as the initial intake interview and will: (a) acquaint the Student with the investigation procedure and timelines; (b) inform the Student of his/her rights (including having an advisor); (c) provide the opportunity for the Student to complete and sign a Complaint form, if not already done; and (d) discuss Interim Remedies, as appropriate.
  2. In cases alleging Sexual Violence, the Title IX Coordinator shall inform the Student of the right to file a criminal complaint and that such filing will not significantly delay the Campus investigation; advise the Student of available resources such as the Campus police, student health service center or psychological counseling center; and discuss reasonable and appropriate interim arrangements to avoid contact with the Accused.
Advisor

The Student and the Accused may elect to be accompanied by an advisor to any meeting(s) or interview(s) regarding the Complaint. The advisor may be an attorney. The advisor may not speak on behalf of the Student or Accused; his/her role is limited to observing and consulting with his/her client.

Confidentiality

Information provided to University employees shall be shared with other University employees and law enforcement exclusively on a "need to know" basis. University employees shall endeavor to honor any Complainant's or victim's request for confidentiality; however, the University shall also weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the campus community. Confidentiality, therefore, cannot be ensured.

Investigation Procedure 
The DHR Administrator or Title IX Coordinator shall promptly investigate the Complaint or assign this task to another Investigator on a case-by-case basis. The Investigator shall have relevant experience or shall receive appropriate training regarding such issues as the investigatory process and the laws governing Discrimination, Harassment and Retaliation. If delegated, the responsible DHR Administrator or Title IX Coordinator shall oversee the investigation to ensure that it is conducted in accordance with the standards, procedures and timelines set forth herein.

The Student and the Accused 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. The timeline shall not be extended for a period longer than an additional 30 Working Days from the original due date.

The investigation shall not be delayed pending the outcome of any criminal investigation or proceeding. If the Campus delays the fact-finding portion of its investigation while law enforcement is gathering evidence, it shall notify the Complainant of this decision and promptly resume and complete its investigation after law enforcement has finished gathering facts.

Upon inquiry, the Complainant 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, the findings of fact, and a determination as to whether this executive order was violated. The report shall be promptly provided to the DHR Administrator or Title IX Coordinator (if applicable).

Notice of Investigation Outcome
If the DHR Administrator or Title IX Coordinator performed the investigation, he or she shall notify the Student in writing of the investigation outcome within 10 Working Days of completing the report. Otherwise, within 10 Working Days of receiving the report, the DHR Administrator or Title IX Coordinator shall review the report and notify the Student in writing of the outcome of the investigation. Where a Complaint is made against another Student, the DHR Administrator or Title IX Coordinator shall also notify the Campus student conduct administrator of the investigation outcome.

Notice of the investigation outcome shall include a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered, the findings of fact, a determination as to whether this executive order was violated, and if so, any Remedies to be afforded to the Complainant. If the outcome is that this executive order was not violated, the notice shall inform the Complainant of his/her right to file an appeal under Article VII.

A separate written notice shall be provided to the Accused(s) indicating whether or not the allegations at Level I were substantiated. If the investigation outcome is that this executive order was not violated, the Accused(s) shall also be informed of the Complainant's right to file an appeal.

Previous Steps: Informal Resolution Process

Next Steps: Appeal to Office of the Chancellor (CO)