2024 Annual Security Report

Sonoma State University Annual Security Report

Message from the Vice President

Dear Sonoma State University Community:

In compliance with the Jeanne Clery Act Disclosure of Campus Security Policy and Crime Statistics Act (Jeanne Clery Act), Sonoma State University (SSU) is pleased to introduce the 2024 Annual Security Report (ASR). Enclosed you will find information about key institutional policies, personal safety and crime prevention information, how to report suspicious and criminal activities, and Clery Act crime statistics for the last three calendar years.

Sonoma State University embraces the principles of integrity, respect, excellence and responsibility. Keeping our students, faculty, staff, and community members safe is one of our greatest campus priorities. Our entire campus community is focused on cooperation and coordination of many departments across campus.

As the campus community continues to live, work, and study on our beautiful campus, crime prevention and personal safety take the cooperation and collaboration of the entire community. 

We appreciate your continued support and efforts on behalf of campus safety.

M. Monir Ahmed

Vice President for Administration and Finance and Chief Financial Officer

Preparing the Annual Security Report

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC § 1092(f), Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private post-secondary educational institutions participating in federal student aid programs are required to comply. The law, originally enacted by Congress in 1990 as the Campus Security Act, was initiated by Howard and Connie Clery, after their daughter, Jeanne, was killed at Lehigh University in 1986. The Campus Security Act was renamed to memorialize Jeanne Clery.

The Clery Act requires colleges and universities to publish an annual report every year by October 1 that contains policies and procedures that are current as of the publication date, and crime statistics for the previous three calendar years.

The complete text of the Clery Act and the U.S. Department of Education regulations can be found on the Department of Education website at https://www2.ed.gov/admins/lead/safety/campus.html The California State University reporting requirements are outlined in Executive Order 1107 at https://calstate.policystat.com/policy/12290430/latest/.

The Annual Security Report is coordinated and compiled by the Clery Compliance Office, which is part of Risk Management and Safety Services. It is a collaborative and comprehensive effort that compiles information gathered from all divisions of the University and from our neighboring law enforcement partners. Each entity is asked to provide crime statistics and/or information on their educational efforts and programs that contribute to the safety of our students, faculty, staff, and guests. The statistics in this report provide a summary of crimes at Sonoma State University between January 1, 2021, and December 31, 2023.

Many of the university staff who are tasked with contributing towards the development of the Annual Security Report serve on the Clery Compliance Team (CCT). The CCT meets at least quarterly and is responsible for identifying Clery geography, programming and training for students and employees, identifying campus security authorities (CSAs), and ensuring Clery crimes are reported to the Clery office and the police department. More information on the CCT, including current membership, can be found on the Clery Compliance Team website at /clery-compliance-team.

All students, staff, and faculty receive the annual notice of publication of the Annual Security Report in a University-wide email. The full electronic text of the report can be found at www.clery.sonoma.edu. Paper copies can be obtained by contacting the Clery Compliance Office by phone: (707) 664-3087, or by email: clery@sonoma.edu.

Compiling Crime Statistics

Many crimes are not reported to the police. By collecting reports of crimes from other sources other than the police, the University can obtain a more accurate count of crimes on campus and affiliated locations. A crime is considered “reported” when a witness, a victim, a third party, or the offender, regardless of that person’s affiliation, brings the crime to law enforcement or a campus security authority. In turn, the University discloses crimes and alleged criminal incidents in the statistical portion of this report regardless of whether the police have investigated the crimes and whether a finding of guilt or responsibility has been assigned.

The Clery Compliance Office coordinates the collection of crime statistics. Crime statistics are compiled from reports submitted by campus security authorities, Sonoma State University Police Department (SSUPD), and other local police departments.

Campus security authorities (CSA’s) are designated employees who have significant responsibility for students and student activities. CSA’s are required to report any Clery-reportable crime that has been reported to them to the Clery Compliance Office. It is not necessary that a reported crime be investigated, or be determined to be true. CSA’s must report to the Clery Compliance Office any Clery Act reportable crime that is reported to them.

Crime statistics are also collected annually from law enforcement agencies surrounding the University and off-site properties or facilities owned or controlled by Sonoma State University. These law enforcement agencies provide information about reported crimes occurring on campus properties or public property immediately adjacent to University properties or facilities.

Through annual CSA training and the CCT, the Clery Compliance Office maintains close relationships with those areas that are most likely to report Clery crimes, including SSUPD, Residential Education and Campus Housing (REACH), student conduct, the Office for the Prevention of Harassment and Discrimination (Title IX administration), and athletics.

To support the need for local law enforcement agencies to report crimes involving University property and crimes that occur in the areas adjacent to campus or on University property that is patrolled by another police department, the SSUPD engages closely with neighboring police departments by engaging in local police committees, participating in joint training, and frequently engaging with department leadership on opportunities to enhance campus and community safety. Additionally, all police departments identified as responsible for patrolling locations identified as Clery geography receive a formal request from SSUPD for information about Clery crimes that were reported to that agency that may be reportable under the Clery Act.

As reports of crimes are submitted to the Clery Compliance Office, employees who have received extensive Clery Act training review the information reported to determine if the crime meets any of the requirements for the various Clery crimes and how many crimes may have occurred in the reported incident. One incident may have multiple crimes or multiple counts of the same crime included in the statistics. Additionally, the location of the crime is evaluated to determine which geography may apply. If there is no crime that meets the Clery Act crime definitions or if the crime did not occur on any of the University’s identified geographic areas, the crime is not counted. Additionally, the Clery Compliance Office may contact the CSA or police department that made the report if more information is needed to make a determination about counting the crime.

Clery Geography

Crime statistics are classified and counted pursuant to the Clery Act statute and applicable guidelines. They fall into four geography classifications:

On-Campus Geography: Any building or property owned or controlled by an institution within the same reasonably continuous geographic area and used by the institution in direction support of, in a manner related to, the institution’s educational purposes, including residence halls (student housing); and any building or property that is within or reasonably continuous to the area identified in the first part of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

On-Campus Student Housing: On-campus geography also includes a subset of on-campus student housing facilities. These housing facilities include all graduate and undergraduate housing and parking facilities that are physically attached to, and accessed directly from, the student housing facilities.

Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus, or immediately adjacent to, and accessible from, the campus. For SSU, this is the perimeter of campus from the sidewalk or boundary closest to campus, the public road for that sidewalk or boundary, and the sidewalk or boundary across the street.

Non-Campus Geography: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

On-Campus Geography

All structures that include residential housing units for students are classified as On-Campus Student Housing. Numerous locations in and around the residential communities are excluded from the student housing designation, however, since they are not attached to residential facilities and/or do not exclusively service residential students. These areas include parking lots, meeting rooms, swimming pools, outdoor common areas and fields, administrative offices, and University storage facilities. For a complete list of excluded locations, please contact the Clery Compliance Office by phone: (707) 664-3087, or by email: clery@sonoma.edu

On-Campus Student Housing

Public Property

Public property is limited to the areas surrounding campus to the south, east, and north. The area to the southwest is separated by a physical barrier. To the south and the north, the sidewalk/street/sidewalk definition will apply where there is a second sidewalk. Where no second sidewalk is otherwise present, only sidewalk/street will be considered.

Non-Campus Geography

When considering the classification of space that the University owns or controls in association with instruction, student travel, or other student activities, SSU includes any locations that meet all three of the following conditions:

• Non-campus geography will include any space for which SSU has a written use agreement for the delivery of instructional or academic activities that is used for more than one occasion in the course of the scheduled instruction (per class).
• Non-campus geography will include any space for which SSU has a written use agreement for administrative or other operational use in support of the University’s educational mission where students may frequently visit.
• Non-campus geography will include any space for which SSU has a written use agreement, used in an overnight trip of one or more nights that includes students, when the contracted facility is used more than one time over a two-year period.
• Non-campus geography will include any space for which SSU has a written use agreement, and that is used in an overnight trip of more than one night, which includes students.

University Athletics, Student Affairs, and academic departments sponsoring student travel provide the Clery Compliance Office with information on hotels and other facilities with which they enter into agreements for any use. For more information, please contact the Clery Compliance Office by phone: (707) 664-3087, or by email: clery@sonoma.edu.

For the 2022 crime statistics, the following locations are considered non-campus geography:

• Fairfield Osborn Preserve, Sonoma County, California
• Galbreath Preserve, Mendocino County, California
• Los Guilicos Preserve, Santa Rosa, California

All areas designated non-campus geography include any land, property, or structure that must reasonably be used to access the applicable location. This designation could include parking lots, pathways, stairwells, or lobbies of otherwise unrelated facilities. The Clery Compliance Office maintains a list of all facilities that have been evaluated for classification as non-campus geography, including justification for the exclusion.

Clery Crime Statistics 2021-2023

Murder/NonNegligent Manslaughter

Negligent Manslaughter

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

Domestic Violence

Dating Violence

Stalking

Arrests for Weapons Law Violations

Arrests for Drug Law Violations

Arrests for Liquor Law Violations

Referrals to Disciplinary Action for Weapons Law Violations

Referrals to Disciplinary Action for Drug Law Violations

Referrals to Disciplinary Action for Liquor Law Violations

Unfounded Crimes

Hate Crimes

A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Hate crimes includes any offense in the following group: murder and nonnegligent manslaughter, sexual assault including rape, fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property.

Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin.

Hate crime reporting is considered for all Clery geography including on campus, residential facilities, noncampus buildings or property, and public property.

• In 2021, one hate crime was reported for on-campus geography related to intimidation motivated by race.
• In 2022, there were no hate crimes reported.
• In 2023, one hate crime was reported for campus residential related to intimidation motivated by race.

Procedures for Students and others to Report Criminal Actions or Other Emergencies on Campus

The Sonoma State Police Department (SSPD) strongly encourages immediate reports of crimes, emergencies, and/or suspicious, disturbing, or threatening behaviors to SSPD by calling 9-1-1 or (707) 664-4444. Prompt reporting ensures an appropriate response, the consideration of the issuance of a Timely Warning or an Emergency Notification, and assists in properly gathering statistics. Crimes or incidents occurring outside of SSPD’s jurisdiction should be reported immediately to the agency having jurisdiction where the incident occurred.

SSPD has a 9-1-1 dispatch center, operated by the City of Cotati Police Department,, and can receive calls from a cell phone, landline phone, text messaging, blue light phone, emergency call box, elevator phone or TDD machine 24 hours a day, 365 days a year.

For all non-emergencies and regular business, one should call police dispatch at 707-664-4444.

In addition to calling 9-1-1, SSPD has implemented a text to 911 service that enables an individual to text “9-1-1” for emergency services. Text to 9-1-1 is capable of accepting Short Message Service (SMS) messages and

Real-Time Text (RTT) messages. This method of contacting 9-1-1 can be critical, and can save lives when a voice call to 9-1-1 is not possible, or may further endanger the caller. Texting to 9-1-1 should only be used when the caller cannot make a voice call to 9-1-1.

How to text 9-1-1 in an emergency:

• Enter the numbers “911” in the “To” field.
• The first text message to 9-1-1 should be brief and contain the location of the emergency and type of help needed.
• Push the “Send” button.
• Be prepared to answer questions and follow instructions from the 9-1-1 call taker.
• Text in simple words — do not use abbreviations.
• Keep text messages brief and concise.

Below are a few tips that are important to know if you need to text 9-1-1:

• Text location information is not equal to current location technology.
• As with all text messages, 9-1-1 messages can take longer to receive, can get out of order or may not be received.
• Text-to-9-1-1 is not available if you are roaming.
• A text or data plan is required to place a text-to-9-1-1.
• If texting to 9-1-1 is not available in your area or is temporarily unavailable, you will receive a message indicating that texting 9-1-1 is not available and to contact 9-1-1 by other means.
• Photos and videos cannot be sent to 9-1-1 at this time.
• Text-to-9-1-1 cannot include more than one person. Do not send your emergency text to anyone other than 9-1-1.
• Do not text and drive.

If a police report is necessary, a SSU Police officer will take a statement from those involved regarding the incident. The officer will ask questions to ascertain the facts to determine if a crime occurred, the nature of an incident, the identity of witnesses, suspects, evidence that needs to be gathered, if any weapons were used and any other relevant information needed. Be advised that questioning can be difficult, and depending on the crime a victim may have a support person of their choice present during the interview. If the crime did not occur within the jurisdiction of the University, SSPD may notify the appropriate authorities having jurisdiction on the victim’s behalf or the victim may contact the proper law enforcement agency directly.

Under the circumstances prescribed in Government Code §7923.615(b)(1), information from police reports may be released. However, for certain crimes, a victim may desire to remain confidential pursuant to Penal Code §293, and as such, the SSPD will withhold information that may identify the victim(s).

Voluntary and Confidential Reporting

In addition to reporting a crime to a CSA or SSU Police Department, any person may report certain incidents or crimes using online forms. Reporting using these tools is voluntary and confidential, and the report can be made anonymously. While these tools provide for anonymity and confidentiality, crimes reported using these tools are reported to the Clery Office.

• Bias Incident: Any person who was the subject or witness to a bias incident, criminal or noncriminal, may report that incident by using the Office for Prevention of Harassment and Discrimination Bias Incident Reporting Form online at ophd@sonoma.edu or contacting OPHD at 707 - 664-4140 or ophd@sonoma.edu. (Form link found on the ophd.sonoma.edu website).
• Sexual Misconduct/Discrimination: Any person who has been the subject of, or witness to, sexual misconduct or discrimination by any SSU-affiliated person, may report that incident using the OPHD Sexual Misconduct/Discrimination Reporting Form online at ophd@sonoma.edu or contacting OPHD at 707- 664-4140 or ophd@sonoma.edu. (Form link found on the ophd.sonoma.edu website).
• Confidential Reporting of a Clery Crime: Any person wishing to submit a confidential clery crime report, may report using the online Clery and Donahoe Act Crime Reporting Form online.

Reports of crimes made to professional or pastoral counselors and the University confidential advocate are confidential and not reported to the Clery Office. However, the University encourages such counselors and advocates to notify any person reporting crimes to them of all reporting options available, including the confidential options above.

Note: all publicly available record keeping will be maintained without the inclusion of personally identifiable information about the victim.

The institution will disclose, upon written request, to the alleged victim of a crime of violence or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such a crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such a victim shall be treated as the alleged victim.

Crime of Violence Disclosures

The institution will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such a crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such a victim shall be treated as the alleged victim.

California Education Code section 67380(a)(6)(A)

Pursuant to California Education Code section 67380(a)(6)(A), Campus Security Authorities (CSAs) who receive reports from employees or students of a Part I violent crime, sexual assault or hate crime that occurred in an on or noncampus location as defined by the Clery Act, may not disclose to UPD or local law enforcement agencies the names of the victims or the alleged assailant, unless the victim consents to disclosing their name after being informed of their right to have their personally identifying information withheld. The name of the alleged assailant may be disclosed, however, if all of the following conditions are met:

• The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; and
• The immediate assistance of the local law enforcement agency is necessary to contact or detain the alleged assailant.

Timely Warning Policy

This policy describes the procedures that will be used to provide members of the community with information to aid in preventing them from becoming victims of crimes posing a serious or ongoing threat to the Campus communities. It is intended to provide faculty, staff, and students with timely information about Clery reportable crimes occurring within the defined Clery Geography of their Campuses, and to comply with the Timely Warning requirements of the Jeanne Clery Act.

As required by the Clery Act, CSU Campuses will keep their Campus communities informed by providing a timely warning when appropriate.

• Upon receipt of a Campus Security Authority (CSA) report of a Clery crime on Clery Geography, a Timely Warning analysis shall be completed and documented by the Clery Director. The Clery Director shall have authority to delegate this responsibility as appropriate. It is not necessary to complete and document a Timely Warning analysis for referrals to disciplinary action.
• If it is determined that the report includes a Clery crime on Clery Geography, the Clery Director and Chief of Police (or management designee) will confer to analyze the known pertinent facts to determine whether they constitute a serious or ongoing threat to the Campus community. The unavailability of the Clery Director shall not unduly delay the issuance of a Timely Warning.
• If a CSA report includes 1) a Clery crime 2) on Clery Geography and 3) a discernible serious or ongoing threat, a timely warning as described below shall be issued expeditiously.
• In the absence of any of these three elements, no timely warning will be issued.
• The Chief of Police (or the management designee) shall have ultimate authority and responsibility for determining whether to issue a Timely Warning.

Each reported incident must be analyzed on a case-by-case basis. All known factors shall be considered in the case-by-case analysis to determine whether a timely warning should be issued. No single factor should govern the decision regarding the issuance of a timely warning. Campuses are prohibited from circumventing a case-by-case analysis by issuing a blanket rule that timely warnings will be issued for all reports of any given Clery reportable crime. Requests from an outside law enforcement agency to refrain from issuing a timely warning is insufficient grounds on its own for not issuing or delaying the issuing of a timely warning, unless the Chief of Police concurs that by issuing a timely warning, an identified risk can be articulated that would compromise the law enforcement efforts of the outside agency investigating the crime to gather evidence and/or apprehend suspect(s).

The case-by-case analysis will involve reviewing relevant factors including, but not limited to, the following, if known:

• The timing of the report: shortly after the occurrence of the crime vs. days or weeks after the occurrence of the crime, i.e., a "cold report"
• Physical injury to the victim
• Use of weapons
• Forced entry used and/or tools used in commission of the crime
• A suspect arrested or incapacitated by injury
• A suspect that is identified or otherwise can be located by law enforcement
• A suspect that is out of the area
• A victim who fears for their safety from the suspect
• A clear modus operandi and/or pre-planning indicated
• Multiple suspect(s) involved
• A pattern of similar crimes established
• The possible risk of compromising law enforcement efforts, such as to gather evidence and/or apprehend suspect(s), if a warning was issued

Additional Considerations

The Clery Director (or management designee) shall notify the Campus president, as soon as practicable, that a timely warning will be or has been issued.

The Chief of Police (or management designee) is responsible for collaborating with surrounding law enforcement agencies to encourage them to share information with University Police Department (UPD) about crimes reported to local law enforcement that occur in Clery Geography.

Nothing in this policy precludes Campuses from maintaining a Campus policy about informing, re-publicizing and/or sharing with the Campus community crimes or other informational notices, (e.g., traffic advisories, events, prevention information) the Campus deems may be of interest to the Campus community. Such a policy is separate and distinct from the Timely Warning Policy. Such notices must differ in appearance or be distributed in a manner that assures that members of the community understand such notices are different from a timely warning notification required by the Clery Act; members of the Campus community should not be misled to believe such notices are timely warnings.

Contents of a Timely Warning

When a timely warning is issued it shall be entitled "Timely Warning Crime Bulletin" and contain the following:

• A statement that reads, "This Timely Warning Bulletin is being issued in compliance with the Jeanne Clery Act and the purpose is to provide preventative information to the Campus community to aid members from becoming the victim of a similar crime."
• Identify the Clery reportable crime that occurred (i.e., rape, burglary, motor vehicle theft, arson, etc.)
• The date, time, and location the crime occurred
• The date the Timely Warning Bulletin is issued
• Description of the suspect when deemed appropriate, and if there is sufficient detail. Only include a description of the suspect when the descriptors provided by the reporting party could reasonably lead to conclusive identification of the perpetrator(s)
• At least three preventative tips or points of information specifically related to the circumstances of the crime which occurred that could help others from becoming the victim of a similar crime
• The phone number of UPD and a statement encouraging community members to report all information about crimes to UPD
• If appropriate, the phone number of support services

The Timely Warning shall not include, under any circumstances, the name of the victim, or information so specific (i.e., specific address or dorm room number or floor) that would or likely could identify the victim of the crimes of Sexual Violence, Rape, Dating Violence, Domestic Violence, or Stalking. Timely Warning Bulletins should use gender-inclusive and culturally appropriate language and avoid victim blaming and bias language.

Methods of Distribution

Timely Warnings will be distributed as quickly as possible in a manner that will likely reach the entire Campus community. Distribution methods vary from campus to campus including distribution to the larger community, vary from Campus to Campus and include, but are not limited to, any of the following:

• All employees and student email distribution
• University website
• Public area video display monitors
• Hard copies posted on Campus building entrance doors
• Press Release

This list is not intended to be exhaustive or intended to prioritize the method of distribution. The Chief of Police will confer with the Clery Director (or management designee), if available, to determine the most appropriate method(s) to distribute a Timely Warning. In the absence of the Clery Director (or management designee), the Chief of Police will determine the appropriate method of distribution. Campuses are required to maintain a list of the methods of distribution for timely warnings and include said list in the Campus's Annual Security Report.

Emergency Notification Policy

This policy describes the procedures that will be used to immediately notify the Campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students and/or employees occurring on the Campus, as required by the Clery Act.

Any member of the Campus community with information believed to constitute a significant emergency or a dangerous situation that poses an imminent or immediate threat shall report the information to University Police Department (UPD) and/or by calling "911." Examples include, but are not limited to, the following types of incidents:

• Severe weather warning (e.g., flash flooding, tsunami, hurricane, etc.)
• Environmental emergency within an on-campus facility (e.g., hazardous chemical spill, fire, earthquake, building collapse)
• Criminal activity with an imminent threat to Campus community (e.g., active shooter, murder, fleeing suspect with a weapon)
• Public Health Emergency (e.g., measles outbreak, swine flu outbreak, etc.)

Once UPD has received the report, the Chief of Police (or management designee) will, without delay and taking into account the safety of the community, confer with any appropriate public official (e.g., fire chief, health department) and any Campus officials responsible for managing the on-campus emergency, if available, to confirm both: 1) a legitimate emergency or dangerous situation exists impacting on-Campus geography; and 2) the emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community. This confirmation process may include, but is not limited to, visual observation, officer investigation, the assistance of key Campus administrators, local or Campus first responders, and/or official government reporting through agencies such as the National Weather Service.

If both of the above factors are not met, no emergency notification is required. If it is determined that both of the above factors are met, then an emergency notification as described below shall be issued. The Chief of Police (or management designee) will confer with the Clery Director, if available, to prepare the content of the notification and determine which members of the Campus community are threatened and need to be notified. The content of the message will be developed based on a careful but swift analysis of the most critical facts.

Once the notification is prepared, the Chief of Police and/or the Clery Director (or their management designees) will, without delay and taking into account the safety of the community, transmit the emergency notification unless doing so would delay the ability to mitigate and/or contain the emergency, including the ability to provide immediate, life saving measures. If an emergency notification is issued, a timely warning is not required for the same incident.

Contents of the Emergency Notification

The emergency notification shall contain the following information:

• A statement as to what the emergency or dangerous situation is, in specific terms (e.g., chemical spill, active shooter, building fire)
• A statement providing direction as to what actions the receiver of the message should take to ensure their own safety
• A statement as to where or when additional information may be obtained

The Chief of Police and/or Clery Director (or management designees) will provide updates to the emergency notification with pertinent updates or direction to persons for their safety when new information becomes available. Updates will be provided in regular intervals until the emergency has been mitigated or no longer poses an imminent threat, e.g., fire is out, and building has re-opened.

Methods of Distribution

Emergency Notifications will be distributed as quickly as possible in a manner that will likely reach the segment(s) of the on-campus community threatened by the emergency. Segmentation will be considered by the Chief of Police (or management designee) by evaluating which persons are likely to be at risk based on the circumstances at the time and notifying those persons. Segmentation should not be considered if making this determination would delay issuing the emergency notification. The Chief will determine if notification to the larger community is appropriate. Distribution methods, including distribution to the larger community, vary from Campus to Campus and depending on the nature of the emergency, may include:

• A Campus mass notification system, including but not limited to phone, Campus email, or text messaging. Systems should provide currently enrolled students, faculty and staff the ability to adjust their subscription preferences to select multiple contact methods from text messages, emails and phone calls, or if desired, to 'opt out' of the service and not receive any notifications
• Audio/visual message boards
• Audible alarms/sirens
• Campus public address systems
• In person or door-to-door notifications in a building or residence halls
• Local media
• Social media
• Other means appropriate under the circumstances, which campuses shall disclose in their ASRs as applicable.

The Associate Vice President for Government Relations and Strategic Communications is responsible for notification to local media.

Testing and Evacuation System

Testing of the Emergency Notification System and evacuation will be done at least once annually. The tests may be announced or unannounced. Tests must be scheduled, contain drills, exercises and appropriate follow-through activities, and be designed for assessment and evaluations of emergency plans and capabilities. However, the campus emergency response and evacuation procedures will be publicized in conjunction with at least one test per calendar year. Each Test will be documented to include a description of the exercise, the date of the Test, the start and end times of the Test, and whether the Test was announced or unannounced. The California State University Emergency Management policy describes these Tests and defines responsibility for their completion. A copy of the documentation will be provided to the Clery Director.

In addition to the distribution methods listed above, Sonoma State University also uses the Guardian safety mobile application to distribute timely warnings. All members of the campus community are encouraged to download the application.

Security of and Access to Campus Facilities, and Security Considerations for the Maintenance of Campus Facilities

Academic and Administrative Buildings

The general business hours at Sonoma State University are  8:00 a.m. and 5:00 p.m., Monday through Friday. Business hours are defined as those hours in which departmental and individually assigned offices may be open for business. Operational hours may differ from business hours and are set by the University based on need and vary by location, space, building or other area.

No one shall enter or otherwise remain on University Property between the hours of 11:00 p.m. and 6:00 a.m., or at such other times as published or posted by University housing and residential programs, and other similarly specialized University programs. This prohibition shall not apply to  persons possessing valid written authorization from a University official, persons on legitimate University related business, or persons attending a specific University sponsored event. Those persons with legitimate University business reasons, valid written authorization, or attending a University sponsored event, shall be allowed to remain and access University Property as allowed in their authorization or through the duration of the specific event, after which time they shall leave University Property without any appreciable delay. This prohibition shall not apply to persons transiting on a roadway or path designated as open to the public.

Individual building business hours are published in the university’s Addendum to the CSU Systemwide Time, Place, and Manner Policy.   Building hours do not necessarily apply to offices assigned to individual employees or small operational offices.  Such spaces may be restricted based on employee schedules. Contact individual employees regarding access to individually assigned spaces.  Additionally, authorization is extended outside the official building hours to any person in the building or space with legitimate University business or an authorized guest at a specific University sponsored event.

The University reserves the right to repurpose or redesignate use of a University Property or space,  restrict access to a property or space with limited and/or no notice, and change business or operating hours for a location, space, building or other areas at University discretion.

Any university spaces eligible for reservation may be reserved with the assistance of Conference and Event Services, who may refer requesters to campus partners, if applicable.  For more information on space reservations, visit https://ces.sonoma.edu/, email reservations@sonoma.edu, or call (707) 664-4091.

Anyone intending to utilize campus grounds, facilities, or services for any activity should consult with Conference and Events Services and applicable University Policies to determine if specific activities require expressed consent of the university and/or the application of specific procedures or restrictions prior to undertaking such activities.

Access to buildings is controlled by key, card access, or automated building systems, and all buildings have varied levels of access control. Employees or students who are issued building or room keys agree to terms restricting the use of that key for business purposes and agree not to provide the key to any other person.

SSUPD police officers patrol the academic and administrative buildings on a regular basis. Access control for a specific building is managed by a designated building manager, a department head, or other designee based on a specific University need. 
 

On-Campus Student Housing Facilities

Access to University housing buildings is limited to residents, their guests, and appropriate staff. Residents are issued card keys and pass codes to access their assigned housing units. The University does not have housing facilities that allow for students and visitors to check in at a central location. Residents are responsible for ensuring they only allow access to their apartment to roommates or authorized guests. Residents should report concerns about unknown persons in their village or immediate area of their apartment to REACH personnel or to police if the individual is exhibiting suspicious or dangerous behavior.

SSUPD and on-duty Residential Education and Campus Housing (REACH) personnel, to include Residential Advisors (RAs) and Residential Area Coordinators (ACs), patrol the Residential Community cooperatively and regularly. RAs and ACs enforce housing facility rules and the student code of conduct to ensure a safe and respectful housing community. Students who violate the terms of their housing contract or the student code of conduct are subject to cancellation of their housing contract or other student conduct sanctions.

Maintenance of Campus Facilities

SSU Facilities Services maintain University facilities and grounds. Facilities and landscaping are maintained in a manner that minimizes hazardous conditions. Additionally, Facilities Management and police personnel regularly patrol campus to identify and report malfunctioning lights, security deficiencies, and other unsafe physical conditions to Facilities Management for correction.

A multidisciplinary work group, which includes students and employees, conducts annual lighting surveys and makes additional recommendations to enhance the safety of campus facilities. SSPD also conduct crime prevention surveys and analysis when a crime trend occurs or when requested by an administrator. Many offices, labs, computer rooms and areas of campus have intrusion alarms that report a signal to an off-campus alarm monitoring company, which, in turn, notifies SSPD of any activation.

All students and employees are encouraged to take an active role in facility safety by reporting any hazards or unsafe conditions to Facilities Management, Risk Management, or Sonoma State Police Department. Non-urgent maintenance concerns can be reported by filing a work order. Urgent safety issues should be reported to Facilities Management by calling (707) 664-2317 or reported to SSPD at (707) 664-4444.

Systemwide Law Enforcement Policy, Law Enforcement Authority

Persons employed and compensated as members of a California State University police department, when so appointed and duly sworn, are peace officers. However, such peace officers shall not exercise their powers or authority¹ except (a) at the headquarters or upon any campus of the California State University and in an area within one mile of the exterior boundaries of each campus or the headquarters, and in or about other grounds or properties owned, operated, controlled, or administered by the California State University, or by trustees or the state on behalf of the California State University, and (b) as provided in Section 830.2 of the Penal Code.

The arrest authority outside the jurisdiction of the CSU Police Department includes (Penal Code § 830.2(c); Penal Code § 836):

• When the officer has probable cause to believe the person committed a felony.
• When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape.
• When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute.
• When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made.
• In compliance with an arrest warrant.

On duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed within the State, or while assisting another agency.

On duty officers who discover criminal activity outside the jurisdiction of the State should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.

California State University encourages accurate and prompt reporting of crime. All members of the Campus community are encouraged to promptly contact the UPD and/or other appropriate police agencies when they have been the victim of, or have witnessed criminal actions, including when the victim of crime elects to or is unable to make such a report.

The Sonoma State Police department has written agreements with surrounding law enforcement agencies to share information and resources, monitor and record criminal activity by students at non-campus locations, and works closely with these agencies to respond to crime. When necessary, the department collaborates with state and federal agencies.

Additionally, the University maintains operational agreements/memorandums of understanding that comply with the Kristin Smart Campus Safety Act clarifying that SSU Police Department is the primary law enforcement agency for all crimes occurring on the SSU main campus and the Fairfield Osborn Preserve. Other University properties, including the Los Guilicos Preserve in Santa Rosa, the Galbreath Preserve in Mendocino County, the Marina Crossing apartment building, and the land parcels at 5573 Petaluma Hill Road, are under the primary law enforcement jurisdiction of the local law enforcement agency. The department maintains a service for investigative services with the Sonoma County Sheriff’s Department and may seek such service agreements from other local law enforcement agencies as needed.

SSUPD encourages accurate and prompt reporting of all crimes to SSUPD or, if the crime occurred in a different jurisdiction, to the appropriate law enforcement agency, including when a victim is unable to make a report.

Security Procedures and Practices

A safe and secure environment is essential to carrying out the mission of the University. Preventing harm depends on community members identifying and communicating hazardous conditions and behaviors of concern. Early identification allows for effective planning, mitigation, response and recovery from any situation.

The University has a multi-pronged safety awareness campaign based on the national See Something, Say Something, Do Something effort to promote campus safety for students, academic and staff personnel. SSPD provides security procedures and practices training to all staff upon hire and to student groups upon request.

SSU Police Department, Risk Management & Safety Services, Facilities Management, Associated Students, and other departments participate in an annual nighttime safety walk of the campus to identify potential hazards, including overgrown foliage, lighting deficiencies, and other hazards.

Members of the University community must assume responsibility for their own safety and the security of their personal property. The following precautions provide guidance:

• Report all crimes and suspicious activities to SSPD immediately.
• If you see or smell any evidence of fire, smoke, gas or other hazardous conditions call 911 immediately. Even fires that have been extinguished should be reported.
• Be aware of your surroundings. If possible, don’t walk alone during late-night hours. Walk in groups whenever you can — there is always safety in numbers. Stay in well-lit areas as much as possible.
• Never take personal safety for granted. Trust your instincts. If something or someone makes you uneasy, avoid the person or leave.
• Let a family member or friend know your destination and your estimated time of arrival or return. That way, the police can be notified as quickly as possible if there is a problem.
• Carry only small amounts of cash. Never leave valuables (wallets, purses, books, phones, etc.) unattended or in plain sight.
• Carry your keys at all times and do not lend them to anyone.
• Always lock the door to your residence hall room, whether or not you are there. Be certain that your door is locked when you go to sleep, and keep windows closed and locked when you are not at home.
• Don’t let people into residence halls or other protected locations, unless you know them, are your guest or are authorized to enter.
• Inventory your personal property and insure it appropriately with personal insurance coverage. Engrave serial numbers or owner’s recognized numbers, such as a driver's license number, on items of value.
• Lock up bicycles and motorcycles. Lock car doors and close windows when leaving your car.
• In the event of a fire alarm sounding, follow all building evacuation procedures.
• Save any evidence. Do not remove any evidence until officers are able to respond and investigate.

Building Safety Marshals

Individual employees are designated in all campus buildings as Safety Marshals. Safety Marshals are responsible for supporting Risk Management and Emergency Services in ensuring that buildings are maintained and operated in a manner that allows for the safe and orderly evacuation of buildings in the event of an emergency, and to identify potential hazards so they may be mitigated or removed. Marshals receive annual training on the program, emergency response, crime prevention, and evacuation procedures.

Security Awareness and Crime Prevention Programs

Crime prevention is the anticipation, recognition, and the appraisal of a crime risk and the initiation of action to remove or reduce it. SSPD provides support and services to campus community members to make Sonoma State a safer place to work, learn, and live.

Members of the police department conduct crime prevention presentations when requested by various community groups, including students and employees of the University. During these presentations, the following information is typically provided: crime prevention tips; statistics on crime at SSU; emergency notification and timely warning policies and procedures; and information regarding campus security procedures and practices, including encouraging participants to be responsible for their own security and for the security for others on campus.

SSPD, Risk Management, Emergency Services, Environmental Health & Safety partner to provide safety and crime prevention assessments. These assessments provide University departments with information about how to respond to emergencies in their workplace (including earthquake, fire, or active shooter), how to protect personal and University property, and identify hazards in the workplace. Additionally, these departments are available to make crime-prevention and physical security systems recommendations for the planning process of new buildings and landscaping design.

University departments will often partner to host events such as “Coffee with the Chief,” Public Safety Fairs, and town hall style meetings to address community concerns or provide information about an incident or condition of concern on campus.

In addition to the police department, staff from REACH, Title IX, and Student Affairs conduct programs regarding alcohol education, personal safety and crime prevention for the campus community. These programs include general crime prevention forums, programs and discussions about topics such as alcohol abuse, domestic violence, fire safety, sexual assault prevention and theft prevention and are provided upon request.

New employees attend a one-time orientation, which is held monthly, and includes information about campus safety, crime prevention, emergency response, emergency notification, and other safety topics.

Monitoring and Recording Crime Activity at Noncampus Locations of Student Organizations

Sonoma State University does not have any officially recognized student organizations that have facilities, including housing, off-campus, therefore, the campus has no policy directing the monitoring or reporting of criminal activities at such locations.

Possession, Use, Sale and Enforcement of Federal and State Alcohol and Drug laws

SSU complies with the Drug Free Workplace Act of 1990 and the Higher Education Act, Section 120(a) addressing drug and alcohol abuse prevention. The University recognizes that drug and alcohol abuse on campus is not conducive to SSU’s mission, and is actively committed to substance abuse education and prevention for both students and employees.

All University students, faculty members, and staff are subject to University policy and local, state, and federal laws regarding the unlawful possession, distribution, or use of alcohol and illegal drugs. Violators are subject to University discipline, criminal prosecution, and/or removal from University housing. The unlawful manufacture, distribution, dispensing, possession, or use of illegal drugs on the University campus, or at any University-sponsored event off-campus is also prohibited.

Consumption of alcoholic beverages shall occur only in the public areas approved for alcohol sales by the University or at University-sponsored functions or events. University Culinary Services employees are trained in responsible alcoholic beverage service and in the recognition of valid identification cards. It is unlawful to sell, furnish or give away alcohol to a person under the age of 21. The possession of alcohol by anyone under 21 years of age in a public place or a place open to the public is illegal. SSIUPD will enforce California underage drinking laws.

The CSU Student Conduct Code stipulates that students found in violation of the Alcohol Policy are subject to expulsion, suspension, probation, or a lesser sanction as determined by the disciplinary hearing process.

Employees in violation of the University alcohol and drug policies may be subject to arrest, corrective action, or dismissal, or be required to participate fully in an approved counseling or rehabilitation program. Applicable legal sanctions under federal, state, and local statutes for the unlawful possession or distribution of illicit drugs and alcohol range from probation and diversion, to imprisonment in the county jail or state prison. A police officer can confiscate the driver’s license from any person suspected of driving under the influence of alcohol and drugs who refuses to take a blood-alcohol test.

In accordance with the Drug-Free Schools and Communities Act (DFSC Act), programs such as "National Collegiate Alcohol Awareness Week", "Aware Awake Alive," and "Red Flags," which are focused on campus-wide Alcohol Awareness efforts, are offered. Other drug and alcohol prevention presentations and information are provided throughout the year at all orientations, various University 102 classes, weekly/monthly residential educational programming, upon request for departments and student areas, and in conjunction with sponsored campus activities. Our Greek communities play a role in helping to reduce alcohol-related incidents by hosting programs aimed at preventing alcohol poisoning.

Additional information regarding Drug-Free Schools and Communities Act compliance can be found in the Drug and Alcohol Abuse Prevention Program and the Biennial Review.

Sexual Violence Prevention

The California State University (CSU) promotes a safe living, learning, and working environment through systemwide policies and through a variety of campus educational programs provided to students, faculty, and staff. The CSU prohibits dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, and provides programs to prevent, educate, and promote awareness of these topics, in accordance with the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (“Nondiscrimination Policy”). These prohibited behaviors are also crimes as defined by 34 C.F.R. §668.46, and California criminal definitions.

The CSU provides comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to stop dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking before they occur through the promotion of behaviors that foster healthy relationships, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.

The CSU’s prevention programs and initiatives are sustained over time and focus on increasing awareness and understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, using a range of strategies with audiences throughout the CSU community. This includes both community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, reduce perpetration, promote safety and a culture of respect.

Campus programs must include primary prevention and awareness training: (1) for all new Students²; and new Employees; (2) refresher programs at least annually for all Students; (3) twice a year for all Students who serve as advisors in residence halls; (4) annually for all Student members of fraternities and sororities; (5) annually for all Student athletes and coaches; and (6) annually for all Employees consistent with their role in responding to and reporting incidents. Ongoing prevention and awareness campaigns for all Students and Employees will also be conducted. The CSU system will provide online training for all Employees and each campus will provide online training for all Students. All training must be consistent with the applicable CSU policy and state and federal regulations.

Each campus must assess which student organizations participate in activities that may place Students at risk and ensure that they receive annual supplemental training focused on situations the group’s members may encounter.

To ensure that all Students receive the necessary information and training enumerated above on dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, campuses should impose consequences such as registration holds on those Students who do not participate in and complete such mandatory training.

Training for Employees

Training will be mandatory for all employees within six months of their initial hiring, and on an annual basis thereafter. Such training will include, but not be limited to: what constitutes discrimination, harassment, retaliation, sexual misconduct/sexual assault, dating and domestic violence, sexual exploitation and stalking under applicable law; the rights and responsibilities of each Employee relating to discrimination, harassment, retaliation, sexual misconduct/sexual assault, dating and domestic violence, sexual exploitation and stalking including the duty to report and exceptions; the protection against retaliation for Employees who report discrimination, harassment, retaliation, sexual misconduct, dating and domestic violence, sexual exploitation and stalking; the procedures provided under the CSU Nondiscrimination Policy for filing, investigating and resolving a complaint; and the option and method for filing complaints with external government agencies such as the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC).

Under Cal. Govt. Code § 12950.1, each campus shall provide supervisory Employees at least two hours of interactive sexual harassment training within six months of the Employee's assignment to a supervisory position and every two years thereafter. Each campus shall maintain documentation of the delivery and completion of these trainings. For detailed guidance regarding the definition of "supervisor" and the implementation of this training, campuses shall consult Coded Memoranda HR 2005-35 and other applicable policies.

Prevention and Awareness

California State University campuses provide primary prevention programs to all incoming students and new employees. California State University campuses provide ongoing prevention programs to all students and employees during their time at the institution. To comply with CSU Policy and 34 C.F.R. §668.46., campus-specific programs to prevent dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking will include:

1. A statement that the CSU prohibits dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking as defined under CSU policy and 34 C.F.R. §668.46.
2. The definitions of “dating violence,” “domestic violence,” “sexual assault,” and “stalking” in the applicable jurisdiction, California (California Penal Code) and the definitions under CSU policy (to also include the CSU policy definition of “sexual exploitation”).
3. The definition of “consent,” in reference to sexual activity, in the applicable jurisdiction, California (California Penal Code), and the definition of “affirmative consent” under CSU policy.
4. Common facts and myths about the causes of sexual misconduct/sexual assault.
5. A description of safe and positive options for bystander intervention, as exemplified below.
6. Information on risk reduction, exemplified below.
7. Information regarding campus, criminal, and civil consequences of engaging in acts of sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and stalking.
8. Information about reporting, adjudication, and disciplinary procedures as required by 34 C.F.R. §668.46 and as described in the procedures under the CSU Nondiscrimination Policy.

At Sonoma State University, all students participate in the Annual TItle IX Training online training.   Incoming students at orientation are provided with educational opportunities with outside speakers, such as Interactive Theatre with Pure Praxis (2023) and Britney Piper (2022), who talk about affirmative consent, bystander intervention, and harm reduction.  The staff from the Office of the Prevention of Harassment and Discrimination and the HUB also meet with the new students to talk about reporting options, resources, and the above outlined items. 

During the 2023-2024 academic year, the campus provided over 50 programs and trainings to prevent dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, as well as discrimination and harassment.  In addition, the Office for the Prevention of Harassment and Discrimination, Confidential Advocacy, and the Police Department participate in over 20 tabling activities and passive programs on campus each year to raise awareness and provide information.  Some of these programs provided annually, or upon request, include:

• Mocktails and Consent
• It’s a Guy Thing
• SAAM - Day of Action
• SAAM - Self-Care Fairs
• Denim Day
• Take Back the Night
• Library Displays for SAAM and DV Awareness Month
• Domestic Violence Awareness
• Save a Seawolf-Drug and Alcohol Awareness
• Sexual Assault Awareness
• Missing and Murdered Indigenous women Awareness
• Ending Rape Culture
• REACH training
• Trauma Informed Teaching Panel
• Stalking Awareness Social Media Campaigns
• Healthy Relationships
• Smarter Dating, Online Safety
• I Ask, You Ask, We Ask - Annual Training with Athletic Teams, Resident Advisors, and Greek Life Chapters.
• Training for Club Leaders
• Wear Purple for DVAM
• Sex Trafficking Panel Presentation

A bystander intervention program that teaches students how to be an active bystander by using observation to recognize problematic behaviors, assume responsibility, determine ways to help and take action in a way that is safe for them. The training discusses the impact alcohol and or drugs may play in incidents of interpersonal violence. The training provides consent education and brings attention to CSU policy that states individuals incapacitated by alcohol or drugs are unable to provide consent for sexual activity. Bystander intervention is weaved into all trainings provided on campus. In addition, the campus-based peer ambassadors and mentors working on a grant from the Office on Violence Against Women provide bystander training, both actively and passively.

Information about Campus Reporting, Adjudication, and Discipline Procedures

Campus training programs will reference the procedures outlined in the CSU Nondiscrimination Policy that victims/survivors may follow if an incident of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking has occurred. Training programs will also reference information about preserving evidence, reporting to the appropriate authorities, confidentiality options, available protective and supportive measures.

Campuses apply the relevant CSU policy and procedures when responding to all reports of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking. Campuses shall establish processes to provide a print and/or digital copy of the "Rights and Options for Victims” as outlined in the CSU Nondiscrimination Policy to any community member who reports experiencing such harm, regardless of whether the incident occurred on or off campus.

Campus training programs regarding the procedures for reporting and addressing reports of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking will include the following:

• A statement explaining that the campus' primary concern is the safety of members of the campus community; that the use of alcohol or drugs never makes the victim/survivor at fault for sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking; that Students who experience or witness sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking should not be deterred from reporting incidents out of a concern that they might be disciplined for related violations of drug, alcohol, or other CSU policies; and that Students who experience or witness sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking shall not be subject to discipline for related violations of conduct policies at or near the time of the misconduct unless the violation is egregious (including actions that place the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.)
• A statement that "CSU policy prohibits retaliation against a person who: reports sex discrimination, sexual harassment, sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking; assists someone with a report of such conduct; or participates in any manner in a related investigation or resolution.
  • Retaliation means that a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have:
  • Exercised their rights under this policy,
  • Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this policy,
  • Assisted or participated in an investigation/proceeding under this policy, regardless of whether the Complaint was substantiated,
  • Assisted someone in reporting or opposing a violation of this policy or assisted someone in reporting or opposing Retaliation under this policy.
  • Adverse Action means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant's ability to participate in a University program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.
  • Retaliation may occur whether or not there is a power or authority differential between the individuals involved.
• What someone should do if they have experienced or witnessed sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• Individuals to whom incidents may be reported along with information regarding what degree of confidentiality may be maintained by those individuals.
• The availability of, and contact information for, campus and community resources for victims/survivors of sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• A description of campus and systemwide policies and disciplinary procedures available for addressing alleged violations and the consequences of violating these policies, including the fact that such proceedings shall:
  • Provide a prompt, fair, and impartial investigation and resolution; and,
  • Be conducted by officials who receive annual training on issues related to sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking and how to conduct an investigation and hearing process that protects the safety of victims/survivors and promotes accountability.
• The fact that the Complainant and the Respondent will be afforded the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the Advisor of their choice.
• The fact that both the Complainant and the Respondent shall be simultaneously informed in writing of:
  • The outcome of any disciplinary proceedings that arises from an allegation of a sex discrimination, sexual harassment, sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
  • The CSU’s procedures for the Complainant or Respondent to appeal the results of the disciplinary proceeding.
  • Any change to the disciplinary results that occurs prior to the time such results become final.
  • When disciplinary results become final.
• Possible sanctions or remedies the campus may impose following the final determination of a campus disciplinary procedure regarding sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• How the campus will protect the confidentiality of Complainants, including how publicly available recordkeeping (e.g., campus Clery reports) will be accomplished without the inclusion of identifying information about the Complainant to the extent permissible by law.
• That all students and employees must receive written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims/survivors, both on campus and in the community.³
• That all students and employees who report being a victim/survivor of sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking must receive written notification of available assistance in, and how to request changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim/survivor chooses to report the incident to campus police or local law enforcement.
• Procedures victims/survivors are recommended to follow if sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking has occurred, as well as the fact that the following written information must be provided to victims:
  • The importance of preserving evidence following an incident of sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking, which may also be used to obtain a temporary restraining or other protective order.
  • The name and contact information of the campus Employee(s) to whom the alleged incident should be reported.
  • Reporting to law enforcement and campus authorities, including the option to: (a) notify law enforcement authorities, including on-campus and local police; (b) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and, (c) decline to notify such authorities.
  • Where applicable, the rights of victims/survivors and the campus’ responsibilities regarding orders of protection, no contact directives, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

Risk Reduction

The CSU provides community members with information and strategies for risk reduction designed to decrease perpetration, promote bystander intervention and healthy relationships, empower marginalized voices, and support victims/survivors. Information and strategies for risk reduction help promote safety and help individuals and communities address conditions that facilitate violence.

Sexual Misconduct/Sexual Assault

The CSU is committed to maintaining a safe campus for all members of the CSU community. Risk reduction strategies are focused on creating a culture of respect, reducing the risk for perpetration and for victimization. It is important to emphasize that only those who engage in sexual misconduct/sexual assault, dating violence, domestic violence, sexual exploitation, and stalking are responsible for those actions. With this in mind, the following tips provide some possible strategies to help promote a caring community and mitigate personal risk.

• Communication is key to healthy relationships and healthy sexual interactions. Obtain Affirmative Consent from your partner for all sexual activity.
  • Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity.
  • Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the conduct violates any civil or criminal law.
  • Affirmative Consent can be withdrawn or revoked at any time.
  • Affirmative Consent to sexual activity in the past does not mean consent in future – there must be voluntary consent for all sexual activity.
  • Lack of protest, resistance, or mere silence does not equal Affirmative Consent.
  • Sexual activity between a minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity.
• Do not engage in sexual activity with someone who is incapacitated.
  • A person who is incapacitated by alcohol or drugs cannot give Affirmative Consent.
  • A person who is unconscious or asleep cannot give Affirmative Consent.
  • A person’s own intoxication or incapacitation does not diminish their responsibility to obtain Affirmative Consent from any person with whom they engage in sexual activity.
• Signs that someone does not respect the importance of consent:
  • They pressure or guilt you into doing things you may not want to do.
  • They suggest you “owe” them something (including sexual acts) because you’re dating or because they have done or claim to have done something for you.
  • They react negatively with sadness, anger, or resentment if you don’t consent to something or don’t do so immediately

[Source: Love Is Respect]

Dating/Domestic Violence

Common signs of abusive behavior in a relationship

According to the National Domestic Violence Hotline, one feature shared by most abusive relationships is that an abusive partner tries to establish or gain power and control through many different methods, at different moments. Even one or two of the following behaviors is a red flag that a partner may be abusive.

• Showing extreme jealousy of friends or time spent away from a partner.
• Preventing or discouraging one’s partner from spending time with friends, family members, or peers.
• Insulting, demeaning, or shaming a partner, especially in front of other people.
• Preventing one’s partner from making their own decisions about working or attending school.
• Controlling finances in the household without discussion, including taking a partner’s money or refusing to provide money for necessary expenses.
• Pressuring one’s partner to have sex or perform sexual acts they are not comfortable with.
• Pressuring a partner to use drugs or alcohol.
• Threatening to harm or take away a partner’s children or pets.
• Intimidating one’s partner with weapons
• Destroying a partner’s belongings or home

If you notice warning signs in your relationship or that of someone you care about, remember there are support resources available on your campus, including individuals with whom you can speak confidentially and who can assist you with making a safety plan. A good starting place for a list of resources is your campus Title IX webpage. You can also contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: National Domestic Violence Hotline]

• Abusive behaviors can be difficult to recognize in a relationship, even if you are the one engaging in them. In addition to some of the common signs of abusive behavior outlined above, ask yourself if your partner:
  • Seems nervous around you,
  • Seems afraid of you,
  • Flinches, cringes, or retreats when you are emotional,
  • Seems scared, or unable to contradict you or speak up around you, and/or
  • Restricts their own interactions with friends, family, coworkers, or others in order to avoid upsetting you.

If you recognize the behaviors above in yourself, or in how your partner reacts, these could be signs that you are hurting them. This can be a difficult realization to come to but it’s vital that you do so if you want to change and stop harming your partner. By acknowledging that your actions are harmful and taking responsibility for them, you can continue to progress on the path toward correcting them.

You could consider contacting the psychological counseling center on your campus to speak with a counselor confidentially, or you could contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: National Domestic Violence Hotline]

Abusive behaviors can be difficult to recognize in a relationship, even if you are the one engaging in them. In addition to some of the common signs of abusive behavior outlined above, ask yourself if your partner:

• Seems nervous around you,
•  Seems afraid of you,
• Flinches, cringes, or retreats when you are emotional,
• Seems scared, or unable to contradict you or speak up around you, and/or
• Restricts their own interactions with friends, family, coworkers, or others in order to avoid upsetting you.

If you recognize the behaviors above in yourself, or in how your partner reacts, these could be signs that you are hurting them. This can be a difficult realization to come to but it’s vital that you do so if you want to change and stop harming your partner. By acknowledging that your actions are harmful and taking responsibility for them, you can continue to progress on the path toward correcting them.

You could consider contacting the psychological counseling center on your campus to speak with a counselor confidentially, or you could contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: National Domestic Violence Hotline]

Stalking

Respecting boundaries

If someone tells you that they do not want you to contact them or do something like visit their home or send them gifts, or if they have stopped interacting with you, respect their choice. Everyone has the right to set boundaries.

Recognizing stalking behaviors

A person who engages in stalking may:

• Repeatedly call or send other unwanted communication such as text messages, emails, social media messages, letters, etc.
• Follow the person and seem to “show up” wherever they are.
• Send unwanted gifts.
• Damage home, car, or other property.
• Monitor phone calls or computer use.
• Drive or linger near the home, school, or work of the person they are stalking.
• Use other people to try and communicate with the person they are stalking, like children, family, or friends.

[Source: Victim Connect Resource Center]

Below are some tips from the Stalking Prevention Awareness and Resource Center (SPARC) regarding steps one can take if they are experiencing stalking

• Trust your instincts – if you/someone feels they are in immediate danger or fear a threat of harm, call 911
• Keep a record or log of each contact with the stalker
• Save evidence when possible, such as emails, text messages, postings on social media, etc.

Know that there are support resources available on each CSU campus, including individuals with whom individuals can speak confidentially and who can assist in making a safety plan and/or seeking a protective order. A good starting place for a list of resources is your campus Title IX webpage.

Bystander Intervention

The California State University and the campuses provide training on safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. Information about bystander intervention is included in a variety of prevention, outreach, and awareness programs across the CSU.

This training encourages employees and students to:

• Notice the Event
• Interpret the Event as a Problem
• Assume Personal Responsibility
• Learn How to Help
• And Step Up by utilizing the “4 Ds” – Direct, Distract, Delegate, and Delay
  • Direct – Directly addressing the situation.
  • Distract – Making a simple (or elaborate) distraction to diffuse the situation.
  • Delegate – Finding someone else to address the concern.
  • Delay – Checking in with the person after to see if you can do anything to support them.

CSU Policy Definitions

Definitions of conduct that is prohibited under CSU policy are found in Article V of the CSU Nondiscrimination Policy. These definitions are applicable in relation to the University’s administrative processes and may differ from the criminal law definitions (California) found in Appendix A.

Written Notification

The title IX Coordinator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence or Stalking, with the information in Attachment D to the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, And Stalking. This same information is provided in writing to all students and employees within the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation, and as part of annually assigned training.

This written notice (annually to all students and employees, and specifically to complaints as outlined above) includes the information below, including:

• Supportive measures
• Rights and options available throughout the reporting process and/or the duration of any formal or informal complaint resolution process, including campus and criminal reporting options, available advocates, preserving evidence, medical Care and treatment, and protective orders.
• Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available

You have the right to be offered and receive reasonably available support services and supportive measures, available both on and off campus. You do not have to file a formal complaint or a criminal complaint in order to receive support services and/or supportive measures. Supportive services and supportive measures include, but are not limited to, counseling, victim/survivor advocates, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.  The Title IX Coordinator, University Police Department and victim/survivor advocate on your campus can provide some of these services directly and/or provide you with information about and a referral to these and additional resources on and off campus for support.

Supportive Measures

Supportive Measures are individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent regardless of whether a Formal Complaint is filed. Supportive Measures are designed to restore or preserve equal access to CSU education programs or activities, or the workplace without unreasonably burdening the other Party, including to protect the safety of all Parties or the educational or work environment. Supportive Measures may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The Title IX Coordinator/DHR Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Supportive Measures will remain confidential except when it is not possible to maintain confidentiality in order to provide the Supportive Measures.

The following is a list of on-campus and off-campus resources that offer a variety of services in the areas of victim advocacy, counseling, health, mental health, legal assistance, visa and immigration assistance, student financial aid and other areas. Campus advocates can help provide information about and referral to any of these resources if requested. These resources are available to victims/survivors whether or not they choose to make a criminal or administrative report.

On-Campus:

• Office for the Prevention of Harassment and Discrimination
• Counseling and Psychological Services (CAPS)
• Confidential Sexual Assault Advocate
• Student Health Center
• University Police
• HUB Cultural Center
• Dean of Students/CARE Team
• Disability Services for Students
• Student Basic Needs
• Immigration Assistance- DREAM Center
• Noma Cares
• Financial Aid
• Empathia - Employee Assistance Program (Staff and Faculty)
• Human Resources
• Faculty Affairs

   Off-Campus:

• Verity (Sonoma County’s Rape Crisis Center)
• Family Justice Center
• Local Police
• YWCA Sonoma County
• Sonoma County District Attorney - Victim Services Division
• Sutter Health
• Legal Aid of Sonoma County
• California Human Development

Regardless of whether a victim/survivor decides to maintain confidentiality, these individuals will still assist victims/survivors in receiving other necessary protection and support, such as victim advocacy, medical, mental health services, and/or legal services. However, these individuals may have limited ability to assist a victim/survivor with University academic support or accommodations, or changes to University-based living or working schedules, as such accommodations likely require the involvement of other University officials.

If you wish to request a supportive measure(s), please contact the Title IX Coordinator for SSU, Julie Vivas at ophd@sonoma.edu. 

Reporting Options

Reporting to University Administration

Complaints of discrimination, harassment, sexual misconduct and sexual assault, dating and domestic violence, sexual exploitation, and stalking may be addressed through the University administrative process⁴. A complainant or reporting party can report an incident to the University by contacting the Title IX Coordinator on their campus. A complainant has the right to have a support person present with them while making a complaint.

The University will protect the privacy of everyone involved in a report to the greatest degree possible under applicable law and University policy. Personally identifiable information about the involved parties will be shared only on a need-to-know basis, e.g., to those who are investigating/adjudicating the report or those involved in providing support services. By only sharing personally identifiable information with individuals on a need-to-know basis, the University will maintain as confidential any supportive measures and remedies provided to the parties, to the extent that maintaining such confidentiality would not impair the ability of the University to provide supportive measures and remedies. This confidentiality also applies to publicly available recordkeeping, where personally identifiable information remains confidential.

The CSU does not publish the name of victims/survivors or other identifiable information regarding victims/survivors in the Daily Crime Log or in the crime statistics that are disclosed in the Annual Security and Fire Safety Report. Furthermore, if a Timely Warning is issued on the basis of a report of sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the name of and other personally identifiable information about the victim/survivor will be withheld.

The Importance of Preserving Evidence

Victims/survivors are encouraged to preserve all physical evidence, including but not limited to: clothing worn during the assault, bed sheets, and/or photos of any injuries. This evidence may be helpful in proving that a crime occurred, in the event the victim/survivor chooses to report now or in the future. It may also be helpful in obtaining a court-ordered protective or restraining order. If a victim/survivor does not have any evidence preserved, they still have an option to report the crime and request a medical evidentiary examination.

Victims/survivors of sexual misconduct, sexual assault, sexual exploitation, stalking, dating violence and domestic violence are also encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, pictures, logs or other copies of documents that may be useful to University investigators or police should the victim/survivor decide to report now or in the future.

Reporting to Law Enforcement and Making a Criminal Report

If your physical safety is at imminent risk, we encourage you to seek immediate assistance from the police.

Some forms of misconduct prohibited under the Nondiscrimination Policy may also be prohibited by law. You have a right to be informed of law enforcement options and information regarding the availability of a criminal or civil prosecution for victims of crime.

It is a victim’s/survivor’s choice to report a crime. You have the right to report or decline to report an incident to law enforcement. You have the right to not be forced, coerced, or pressured into reporting to law enforcement.
A victim/survivor may report an incident to law enforcement at any time. In the event of an emergency where immediate assistance is required, a victim/survivor should dial 9-1-1 to be connected with the nearest police department. If there is no emergency, victims/survivors can file a police report at any time in the jurisdiction where the assault occurred. A confidential victim advocate can assist the victim/survivor in filing the report if requested.

Victims/survivors of crimes such as sexual assault, sexual exploitation, stalking, dating violence, domestic violence, abuse, threats of abuse and/or serious harassment all have a right to petition the court in the appropriate jurisdiction for a protective order (also referred to as a restraining order).

Your Campus Advocate, University Police Department and Title IX Coordinator are all able to provide you with more information about pursuing criminal prosecution, civil prosecution and/or protective orders.

A victim/survivor of specific offenses [enumerated in California Government Code section 6254 (f)(2)(A)] has the right to request to be listed as a confidential victim in a law enforcement agency’s report. Being listed as a confidential victim in a law enforcement agency’s report prevents the law enforcement agency from disclosing the confidential victim’s name and address as a matter of public record. However, the confidential victim’s information can be released to the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law. Please see California Penal Code section 293 for more information.

Employees of the University Police Department have a duty to report to the Title IX Coordinator / DHR Administrator any time they know or have reason to know of incidents that may violate this Nondiscrimination Policy, so that the Title IX Coordinator or DHR Administrator can carry out their duties under the law and under this Nondiscrimination Policy. At a minimum, the information to be reported includes all the information authorized to be disclosed under the law in response to records requests, but without requiring a formal request⁵. Such information includes but is not limited to the time, substance, and location of all complaints or requests for assistance received by University Police and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, the identity of the alleged perpetrator, and a general description of any injuries, property, or weapons involved⁶. For certain sex offenses⁷ the victim has the right to affirmatively request from University Police, after being informed of their options, that the victim's identity remain confidential⁸. However, even if the victim requests confidentiality of identity, the University Police should specifically ask the victim if the victim's name can be provided to the Title IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures that can be offered. And in all cases, even when the victim requests confidentiality, the identity of the alleged perpetrator (if known) must be reported to the Title IX Coordinator.

Protective Orders

Civil reporting options & protective orders

A victim/survivor may choose to file a civil lawsuit against the alleged offender, whether or not criminal charges have been filed. A civil lawsuit provides an opportunity to recover actual money damages, which may include compensation for medical expenses, lost wages, pain, suffering and emotional distress. An Advocate can assist a victim/survivor with identifying the necessary steps and processes for filing a lawsuit if requested. 

Court-Ordered Restraining Orders 

A victim/survivor may choose to obtain a restraining order (such as a domestic violence restraining order or a civil harassment restraining order). Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can help protect a victim/survivor who has experienced or is reasonably in fear of physical violence, sexual violence, domestic violence, dating violence and stalking. 
 

Emergency Protective Order (EPO) 

An Emergency Protective Order (EPO) is a type of restraining order that only law enforcement can ask for by calling a judge. Typically, this is done by an officer responding to the scene of a domestic violence incident. Judges are available to issue EPOs 24 hours a day. The EPO takes effect immediately and can last up to seven calendar days. The judge can order the alleged abuser to leave the domicile and stay away from the victim and their children for up to a week. This provides the victim with time to go to court to request a temporary restraining order. 
 

Temporary Domestic Violence Restraining Order (TRO) 

A TRO is a type of protective order. In order to obtain one, the victim/survivor must fill out paperwork explaining the facts and why a protective order is needed. If a judge agrees that protection is needed, the judge will issue a temporary restraining order. Temporary restraining orders usually last until the court hearing date, typically 20 to 25 days after the petition is filed. 
 

Criminal Protective Order (CPO) 

When there is a claim that a domestic violence incident occurred, a criminal charge (or charges) may be filed by a prosecutor (such as the City Attorney or District Attorney) against the person who allegedly committed the criminal act. The prosecutor commonly asks a judge to issue a Criminal Protective Order while the criminal case proceeds. A CPO typically requires the defendant (the person who allegedly committed the criminal act) to stay away from and not to hurt, threaten, or communicate with the victim/accuser. If the defendant is convicted of or pleads guilty to the criminal charge(s), the CPO may last for up to ten years after the case is over. 
 

Civil Harassment Restraining Order 

This type of court order is available to individuals who have been harassed by any of the following: a neighbor, roommate (as long as no dating/romantic relationship existed or exists), friend, family member more than two degrees removed (e.g., an aunt/uncle, niece/nephew, cousin, or more distant relative), stranger, or another person not closely related to the victim of the harassment. 
An individual who has been civilly harassed by a current or former spouse/partner, or someone with whom a dating/romantic relationship existed, or a close relative (parent, child, brother, sister, grandmother, grandfather, in-law) may qualify for a domestic violence restraining order but would not qualify for a civil harassment restraining order. 
 

The CSU, Restraining Orders and Protective Orders

The CSU complies with California law in recognizing restraining orders and protective orders. If you obtain a restraining order a copy should be provided to your campus Police Department. In order to comply with the restraining order, Title IX Coordinators, DHR Administrators, Advocates and/or the University Police Department on your campus may assist with setting up escorts, establishing special parking arrangements, changing classroom or employment locations, or additional measures as needed. Victim/Survivor Advocates on your campus can offer assistance with obtaining a restraining order.
 

Disciplinary Procedures

Disciplinary procedures for sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and stalking will provide a prompt, fair, and impartial process and resolution, outlined in the following excerpts from the  CSU Nondiscrimination Policy. As required by law, the excerpts in this Annual Security Report capture the steps, decisionmakers, and anticipated timelines for both formal and informal resolution processes, as applicable.  For details beyond the steps, decisionmakers, and anticipated timelines, please see the policy.

The campus Title IX Coordinator is the designated administrator to receive reports of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.

The Title IX Coordinator can be reached at:
      Julie Vivas
      Associate Vice President and Title IX Officer
      2nd Floor, International Hall
      ophd@sonoma.edu
      Reports can be filed on the OPHD website or via this link: https://cm.maxient.com/reportingform.php?SonomaStateUniv&layout_id=1

Complaints alleging violations of this Nondiscrimination Policy against a President, Title IX Coordinator / DHR Administrator, the Chancellor, or member of the Board of Trustees will be made to the Office of Civil Rights Programming & Services at CO-Complaints@calstate.edu.

Any person may report an alleged violation of the Nondiscrimination Policy.

Reports may be made at any time, and individuals are encouraged to report an alleged violation of the Nondiscrimination Policy regardless of how much time has passed. The University's ability to interview witnesses and otherwise investigate or act, however, may be limited by various factors, including the passage of time, fading witness memories, and/or preservation of evidence. In all cases, the Title IX Coordinator/DHR Administrator is available to discuss Supportive Measures with the Complainant at any time, regardless of how much time has passed since the incident described in the report.

The University's primary concern is the safety of the campus community. Any person who reports an alleged violation of the Nondiscrimination Policy should discuss any concerns about safety with the Title IX Coordinator/DHR Administrator.

The Nondiscrimination Policy prohibits Retaliation. If a Student or Employee is reluctant to report because they fear Retaliation, they should discuss their concerns with the Title IX Coordinator/DHR Administrator as soon as possible.

Any Student who participates as a Complainant or witness in a Complaint process (including investigation or hearing) relating to Sex-based Harassment that falls under these Procedures will not be disciplined for related violations of the Standards for Student Conduct at or near the time of the incident, unless the University determines that the violation was egregious. The University may, however, take other appropriate action including having an educational discussion with the Student. Egregious conduct includes, but is not limited to, action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
 

Simultaneous Written Notification

Communication with the Parties regarding a Complaint, an investigation, or hearing will be sent to their designated CSU campus email address, unless the Party has specifically requested in writing to the Title IX Coordinator/DHR Administrator, Investigator, or Hearing Coordinator that communication be sent to a different email address. Communication with Parties who are neither Students nor Employees will be sent to an email address that they provide. Any communications relating to the outcome of an investigation or hearing, including any changes to the outcome or when the outcome becomes final, will be provided in writing to the Complainant and the Respondent at the same time.

Outreach to Complainant

After receiving a report, the Title IX Coordinator/DHR Administrator will assess the report and provide outreach to the possible Complainant named in the report. This outreach will include the following:

    a. A statement that the University has received a report of conduct that may be prohibited by the Nondiscrimination Policy (e.g. Discrimination, Harassment, Sex-based Harassment, Sexual Misconduct, Sexual Harassment,                   Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationship or Retaliation.)
    b. A description of the role of the Title IX Coordinator/DHR Administrator.
    c. A request for the Complainant to meet with the Title IX Coordinator/DHR Administrator, or other designated employee, to discuss the Complainant's options and next steps.
    d. A statement that the Complainant can be accompanied by an Advisor of their choice during any meeting relating to the report and any subsequent Complaint process.
       Information regarding counseling, resources, and potential Supportive Measures.
    e. An explanation of how the University responds to reports of Nondiscrimination Policy violations and a description of potential disciplinary consequences.
    f. A summary of the investigation procedures.
    g. A statement regarding the importance of preserving evidence. 
    h. A statement that the Complainant may, but it not required to, report to law enforcement any allegations that could constitute criminal behavior.
    i. A statement that retaliation for making a Complaint or participating in a Complaint process is prohibited by the Nondiscrimination Policy.
In addition to the information provided in the outreach communication, the Title IX Coordinator/DHR Administrator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation Dating Violence, Domestic Violence or Stalking, with the information in Attachment D - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating And Domestic Violence, And Stalking. 
 

Initial Assessment & Intake Meeting

The Title IX Coordinator/DHR Administrator will offer to conduct an intake meeting with any Complainant who responds to outreach communication, or otherwise makes a report of a potential Nondiscrimination Policy violation to discuss the Complainant's options, explain the available processes (including informal resolution and the formal complaint resolution process), and provide information about Supportive Measures. The Title IX Coordinator/DHR Administrator will consider the need for a follow-up meeting with the Complainant, as appropriate. Any subsequent investigation will include an interview with the Complainant conducted by the assigned investigator. The investigatory interview will be intended to build upon and clarify the information provided during intake.

All persons involved in implementing these procedures (e.g., the campus Title IX Coordinator and any Deputy Title IX Coordinator(s), Investigators, Human Resource Directors and Hearing Officers presiding over hearings) shall have relevant annual training on issues related to Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. Such annual training shall include the CSU complaint processes, as well as the handling, investigation, and analysis of complaints of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. The annual training shall also address applicable confidentiality issues, especially with respect to the Title IX Coordinator's duty to weigh any victim's request for confidentiality against the duty to provide a safe and nondiscriminatory environment for all members of the campus community. For matters involving Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking, the training shall also include how to conduct an investigation and hearing process that protects the safety of the person(s) involved and promotes accountability.

The Complainant and Respondent may choose to be accompanied by one Advisor of their choice, who may be, but is not required to be, an attorney or a union representative during meetings or any stage of the Complaint process.

The University will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. However, the unavailability of a specific Advisor will not unduly interfere with prompt scheduling.

A Party's Advisor may not answer questions regarding the subject matter of the investigation for the Complainant or the Respondent. However, the Advisor may observe and consult with the Complainant or Respondent.

The Parties also have the right to consult with an attorney, at their own expense, or a union representative at any stage of the process if they wish to do so.
 

Confidentiality Requests and Requests Not to Investigate

Confidentiality Requests

The University will maintain confidentiality of reports, Complaints, and associated processes whenever possible. When necessary, to protect the campus community and to facilitate investigations and/or Supportive Measures, certain information may be shared on a "need-to-know" basis. Therefore, the University cannot guarantee confidentiality.
 

Requests not to Investigate

When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR Administrator will balance the request against the University's duty to provide a safe and non-discriminatory environment for all members of the campus community. In cases where the Complainant does not want to pursue an investigation, the Title IX Coordinator/DHR Administrator should inform the Complainant that the ability to take corrective action may be limited. 
The Title IX Coordinator/DHR Administrator will consider, at a minimum:
     a. The Complainant's request not to proceed with initiation of a Complaint;
     b. The Complainant's reasonable safety concerns regarding initiation of a Complaint;
     c. The risk that additional acts of Discrimination, Harassment, or Retaliation would occur if a Complaint is not initiated;
     d. The severity of the alleged Discrimination, Harassment, or Retaliation including whether the conduct, if established, would require the removal of a Respondent from campus or imposition of another Disciplinary Sanction to            end the Discrimination, Harassment, or Retaliation and prevent its recurrence;
     e. Whether the Respondent poses an imminent threat to the campus community, which may include violence, threats of violence, use of a weapon, physical restraints, or unwanted physical contact.
     f. The age and relationship of the Parties, including power imbalance and whether the Respondent is an Employee of the University;
     g. The scope of the alleged conduct, including information suggesting a pattern (such as multiple or prior reports of misconduct against the Respondent), ongoing conduct, or conduct alleged to have impacted multiple                      individuals;
     h. Whether the University is able to conduct a thorough investigation and obtain relevant evidence without the Complainant's cooperation;
     i. The availability of evidence to assist a decisionmaker (Investigator or Hearing Officer) in determining whether Discrimination, Harassment, or Retaliation occurred;
     j. Whether the University could end the alleged Discrimination, Harassment, or Retaliation and prevent its recurrence without initiating the formal complaint resolution process; and
     k. For Employee Complainants, the University will also consider its obligation to maintain a safe work environment in determining whether an investigation is necessary.
         i. The Title IX Coordinator/DHR Administrator will document the basis for the decision to initiate or to not initiate the investigation based on this assessment criteria.

Decision to Proceed with Complaint

Based on the assessment criteria above, the Title IX Coordinator/DHR Administrator has discretion to initiate an investigation without the Complainant's participation.
 

Decision to Proceed with Complaint

When the Title IX Coordinator/DHR Administrator decides to proceed with an investigation without a Complainant's participation, the Title IX Coordinator/DHR Administrator will make the Complaint on behalf of the University. The Title IX Coordinator/DHR Administrator will remain neutral in applying the Nondiscrimination Policy and these Procedures. In these cases, the Title IX Coordinator/DHR Administrator will provide the impacted party with the same notices, updates, and opportunities to participate as the Respondent throughout the investigation and, where applicable, hearing process, unless the impacted party confirms in writing that they do not want to receive these communications and do not wish to participate in the process. The impacted party may rescind this notice at any time in writing to the Title IX Coordinator/DHR Administrator.

When the Title IX Coordinator/DHR Administrator initiates an investigation without the Complainant's participation, the Complainant will be informed in advance of the Title IX Coordinator/DHR Administrator disclosing the Complainant's identity and details of the Complaint or report to the Respondent, or initiating an investigation. The Title IX Coordinator/DHR Administrator will work with campus partners to take steps to arrange reasonable safety measures for the Complainant if appropriate. At the Complainant's request, the Title IX Coordinator/DHR Administrator will inform the Respondent that the Complainant asked the University not to investigate or seek discipline.

A Student Complainant will not be required to participate in an investigation if they do not wish to do so.

Decision not to proceed with investigation: 

If a request for confidentiality or no investigation is granted, the Title IX Coordinator/DHR Administrator will nevertheless take reasonable steps to limit the effects of the alleged Discrimination, Harassment, or Retaliation, and prevent its recurrence without initiating formal action against the Respondent or revealing the identity of the Complainant. Examples include increased temporary monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys. Reasonable steps will be taken to provide for the safety of a Complainant while keeping the Complainant's identity confidential as appropriate and if possible. These steps may include changing living arrangements or course schedules, assignments, or tests. The Complainant will be notified that the steps the campus will take may be limited by the request for confidentiality.
 

Supportive Measures

The University will offer and coordinate Supportive Measures as appropriate for the Complainant and/or Respondent to restore or preserve that person's access to the University's education programs, activities, employment, or to provide support during the University's formal complaint resolution process or during the informal resolution process. Supportive Measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; changes to employee reporting line; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more Parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to Discrimination, Harassment, and Retaliation.

The Title IX Coordinator/DHR Administrator will describe and offer Supportive Measures to Complainants during the initial assessment (even if no Complaint is made or the Complaint is ultimately not investigated), and to Respondents during an initial meeting.

The Title IX Coordinator/DHR Administrator is responsible for coordinating the effective implementation of Supportive Measures if requested and reasonably available.
 

Review of Supportive Measures (Applies only to Reports or Complaints of Sex-based Harassment)

A Complainant or Respondent may request modification or reversal of a decision to provide, deny, modify, or terminate Supportive Measures applicable to them.

This request will be reviewed by an appropriate and impartial Employee:
     a. If the original decision about Supportive Measures was made by a person with authority delegated by the Title IX Coordinator/DHR Administrator, the review will be conducted by the Title IX Coordinator/DHR Administrator.
     b. If the original decision about Supportive Measures was made by the Title IX Coordinator/DHR Administrator, the review will be conducted by a Systemwide Director for Civil Rights.

If the reviewer determines that the decision to provide, deny, modify, or terminate the Supportive Measure was inconsistent with the Nondiscrimination Policy’s requirements, expectations, or standards for Supportive Measures, they may modify or reverse the decision. In making this determination, the reviewer should consider:
     a. Do the Supportive Measures unreasonably burden a Complainant or Respondent?
     b. Are the Supportive Measures punitive?
     c. Are the Supportive Measures reasonably available and restore access to the CSU’s programs, activities, or employment?
     d. Are the Supportive Measures being offered or provided during the informal resolution process or formal complaint resolution process?

A Complainant or Respondent may also seek additional modification or termination of a Supportive Measure applicable to them if circumstances change materially by contacting the Title IX Coordinator / DHR Administrator.

The University will not share information about any Supportive Measures with anyone other than the person to whom they apply, including informing one Party of Supportive Measures provided to another Party, unless necessary to provide the Supportive Measure or restore or preserve a Party’s access to the CSU’s education programs, activities, or employment, or when otherwise required by state or federal law.
 

No-Contact Directives

No-contact directives may be issued as a Supportive Measure, Remedy, or in connection with an Informal Resolution Agreement, with or without an investigation. When reasonably requested by a Complainant or otherwise needed to protect health and safety or to preserve the integrity of the investigation, the University will issue an interim no-contact directive, which may be unilateral (prohibiting the Respondent from contacting the Complainant) or mutual (prohibiting the Parties from contacting each other) while the investigation is pending.

No-contact directives that are not part of an Informal Resolution Agreement must meet the following requirements:

1. No-contact directives that limit an individual's movement on a University campus may only be issued where the conduct alleged is egregious or where an objective threat of physical harm exists.
2. A mutual no-contact directive (applicable to both Parties) may only be issued prior to an investigation outcome. Mutual no-contact directives will not be issued automatically. The Title IX Coordinator/DHR Administrator must consider, based on the circumstances of each case, whether a mutual no-contact directive is necessary or justifiable to protect the Respondent's safety or well-being, or to address concerns about interference with an investigation.
3. If there is a finding that the Nondiscrimination Policy has been violated and a mutual no-contact directive is already in effect, unless there are extenuating circumstances, the no-contact directive will promptly be converted to a unilateral no-contact directive (applicable only to the Respondent).
4. Any no-contact directive (whether mutual or unilateral) will be delivered to both Parties in writing and will be accompanied by a written explanation of the terms of the directive and the consequences for violating the no-contact directive. A no-contact directive is intended to be temporary and should be periodically assessed to confirm the continued need for, and appropriateness of, its specific terms (conditions), including whether it should be mutual (applicable to both Parties), or unilateral (only applicable to the Respondent).
5. Violations of no-contact directives will be addressed by the campus Student Conduct Administrator in the same manner as any violation of the Student Conduct Code if the Respondent is a Student, or by Human Resources or Faculty Affairs, if the Respondent is an Employee. If the alleged violation of the no-contact directive is itself a violation of the Nondiscrimination Policy, the matter will be referred to the Title IX Coordinator/DHR Administrator.
    

Criminal Complaints and Concurrent Investigations

Complainants will be informed during the intake meeting of their right to make a criminal complaint with University police or other appropriate law enforcement agencies. The Title IX Coordinator/DHR Administrator will offer to assist the Complainant and will assure them that filing a criminal complaint will not unreasonably delay the University's investigation. The University will typically not wait until the conclusion of a criminal investigation to begin its own investigation. Although it may be necessary to temporarily delay the investigation while law enforcement is gathering evidence, once notified that law enforcement has completed the fact gathering portion of their investigation, the University will promptly resume and complete its own investigation. Individuals who first report to University police will be encouraged to also make a Complaint with the Title IX Coordinator/DHR Administrator.

Interim Suspension

An interim suspension may be considered for a Student Respondent, where there is reasonable cause to believe that interim suspension of that Student is necessary to protect the personal safety of persons within the Campus community or Campus property, and to ensure the maintenance of order during an investigation. Such interim suspensions will be implemented in accordance with the procedures under the Student Conduct Process and will only remain in effect during the Complaint process until determined to be no longer necessary. In determining whether an interim suspension is necessary, the Title IX Coordinator/DHR Administrator will coordinate with the Student Conduct Administrator to ensure appropriate on-going assessment and implementation occurs.

Emergency Removal – Applies only to Reports or Complaints of Sex-based Harassment:

The University may remove a Respondent from its education programs or activities, including Student employment, on an emergency basis in the absence of a Complaint, before an investigation concludes or where no investigation or hearing is pending. Prior to the removal, an individualized safety and risk analysis will be conducted. The removal is referred to as an "Emergency Removal," and has the effect of an Interim Suspension, as set forth in the Student Conduct Process, including that during the period of the Emergency Removal, the Student may not, without prior written permission from the University president or designee, enter any campus of the CSU. As with Interim Suspensions in the Student Conduct Process, the president or vice president designee, in consultation with the Title IX Coordinator/DHR Administrator, will determine whether there is an imminent and serious threat to the health or safety of a Complainant or any Students, Employees, or other persons arising from the allegations of Sex-based Harassment that justifies removal.      

Where a determination is made that justifies Emergency Removal, the Respondent will be provided with notice and given an opportunity to challenge the decision immediately following the removal, in accordance with the procedures in the Student Conduct Process. This includes the right to a hearing within 10 Working Days of a request by the Respondent for such a hearing to determine if there is an imminent and serious threat to the health or safety of a Complainant or any Students, Employees, or other persons arising from the allegations of Sex-based Harassment that justifies removal. The hearing will be conducted under the Student Conduct Process and not these Procedures as they relate to hearings.

Administrative Leave

A campus may place a non-student Employee on Administrative Leave (sometimes referred to as Temporary Suspension) in accordance with applicable Collective Bargaining Agreements or CSU policies while the Complaint process is pending.

Transcript Notations

If a Respondent withdraws, transfers, or disenrolls from the University pending an investigation or disciplinary proceeding concerning a violation of the Nondiscrimination Policy, transcript notations may be appropriate and will be addressed under the Student Conduct Process. As appropriate to the situation, the University may place an administrative hold on registration transactions, release of records, and transcripts of a Student who has been sent written notice of a pending investigation or disciplinary matter concerning that Student, and may withhold awarding a degree otherwise earned until the completion of the investigation or disciplinary process, including the completion of all sanctions imposed.

Complaints

When the Title IX Coordinator/DHR Administrator receives a Complaint, they will determine whether to open an investigation after making a preliminary inquiry into the allegations. An investigation may not be warranted where the reported information does not allege facts with enough specificity or include conduct that would, even if true, constitute a violation of the Nondiscrimination Policy. These determinations will be documented in writing by the Title IX Coordinator/DHR Administrator and maintained in accordance with systemwide records retention policies.

When more than one Complainant or more than one Respondent is involved, references in these Procedures to a Party, Complainant, or Respondent include the plural, as applicable.

Complaints Accepted for Investigation

Within 10 Working Days of the date of an intake meeting or receipt of a request for investigation from the Complainant (whichever is later), or making a determination that an investigation is necessary without a request from or participation by the Complainant, the Title IX Coordinator/DHR Administrator will send a Notice of Investigation to the Complainant and Respondent.
 

Complaint Not Accepted for Investigation

If the Title IX Coordinator/DHR Administrator determines that the Complaint does not allege a violation of the Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator will, within 10 Working Days of the date of the intake or receipt of a written request for investigation (whichever is later), notify the Complainant in writing that the Complaint will not be investigated without further information. The Title IX Coordinator/DHR Administrator may refer the Complaint to another campus office if appropriate and will notify the Complainant of any referral. The Title IX Coordinator/DHR Administrator will retain a record of the Complaint, the written determination and any referrals made to another campus office.

Discretionary Dismissal

At any time after a Complaint has been accepted for investigation, it is within the discretion of the Title IX Coordinator/DHR Administrator to dismiss a Complaint, or any part of a Complaint, if:
The Complainant notifies the Title IX Coordinator/DHR Administrator in writing that they would like to withdraw the Complaint or any part of it, or
If the specific circumstances prevent the University from reasonably gathering evidence necessary to reach a determination as to the Complaint or part of the Complaint.
 

Dismissal of a Complaint - Applies only to Complaints of Sex-based Harassment

The Title IX Coordinator/DHR Administrator may dismiss a Complaint of Sex-based Harassment if:
     a. The University is unable to identify the Respondent after taking reasonable steps to do so;
     b. The Respondent is not participating in the University's education program or activity and is not employed by the University;
     c. The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator/DHR Administrator declines to initiate a Complaint, and the University determines that, without the Complainant's          withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-based Harassment even if proven; or
     d. The University determines the conduct alleged in the Complaint, even if proven, would not constitute Sex-based Harassment. Before dismissing the Complaint, the University will make reasonable efforts to clarify the                        allegations with the Complainant. Complaints that are dismissed on this basis may be referred to another process or another campus office for review under other potentially applicable policies or codes of conduct (such as            the grade appeal process, student code of conduct, employee grievance procedures, ADA process, to be addressed as unprofessional conduct, etc.).

When a complaint is dismissed, the University will promptly notify the Complainant of the basis for the dismissal in writing. If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent of the dismissal in writing and the basis for it. When a Complaint is dismissed, the University will, at a minimum:
     a. Offer Supportive Measures to the Complainant as appropriate;
     b. If the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent as appropriate; and
     c. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator/DHR Administrator to ensure that Sex-based Harassment does not continue or recur within the University's education program or                    activity.

The University will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:
     a. Procedural irregularity occurred that would have likely changed the outcome of the decision to dismiss;
     b. New evidence that was not reasonably available at the time of the dismissal and would have likely changed the outcome of the decision to dismiss; or
     c. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.
Appeals will be submitted to the Civil Rights Appeals Unit at the Chancellor's Office and will be addressed to:

Civil Rights Appeals Unit
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
mailto:CO-Appeals@calstate.edu

1. If a Party is unable to submit an appeal or a response to an appeal electronically, they should contact the campus Title IX Coordinator/DHR Administrator for assistance.
2. When an appeal is submitted, the Civil Rights Appeals Unit will notify the other Party and the campus Title IX Coordinator/DHR Administrator in writing. The non-appealing Party may submit a written statement in support of or challenging the dismissal no later than 5 Working Days after the notice of appeal. Within 10 Working Days of the Civil Rights Appeals Unit's receipt of the appeal, the Civil Rights Appeals Unit will notify the Parties (via email and at the same time) of its decision.
3. The Civil Rights Appeals Unit will not consider evidence that was not introduced to the campus during the Complaint review process unless the new evidence was not reasonably available at the time of the Complaint review.
4. The Civil Rights Appeals Unit has discretion to extend the timelines for the dismissal appeal process for good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This includes the time for filing an appeal and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.
5. The Civil Rights Appeals Unit appeal response is final and concludes the discretionary dismissal process under these Procedures.
    

Consolidation    

The University may consolidate Complaints of Discrimination, Harassment, or Retaliation against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations of Discrimination, Harassment, or Retaliation arise out of the same or substantially similar facts or circumstances. The Title IX Coordinator/DHR Administrator will determine whether a Complaint should be consolidated (subject to FERPA and other applicable privacy laws). In addition, during the course of the investigation, the investigation may reveal the existence of additional or different violations of the Nondiscrimination Policy, which may also be consolidated following notification to the Parties. Depending on the timing and circumstances, the Title IX Coordinator/DHR Administrator retains discretion to resolve Complaints using the same investigator or following the resolution of the initial Complaint, such as through appropriate Disciplinary Sanctions.

Student Grade Appeals

Grade appeals that allege a violation of the Nondiscrimination Policy proceed under the campus procedures per CSU Grading, Repetition of Courses, Academic Renewal, and Appeals Policy (or any superseding policy) and under these Procedures as follows:

1. The Student will promptly request a grade appeal and note that the grade appeal procedure should be paused until such time as the campus investigation and any appeal process under these Procedures have concluded.
2. The determination whether a violation occurred under the Nondiscrimination Policy will be provided to the campus grade appeal committee, and the committee will be bound by the determination when the grade appeal process resume

Alternative Resolution Process

Informal Resolution

The Parties may voluntarily choose to participate in an informal resolution process to resolve an alleged violation of the Nondiscrimination Policy. The filing of a formal Complaint is not required to initiate the informal resolution process.

General Principles

The Title IX Coordinator / DHR Administrator has discretion to determine whether it is appropriate to offer an informal resolution process and may decline to allow informal resolution despite the request of one or more of the Parties. Circumstances when the Title IX Coordinator/DHR Administrator may decline to allow informal resolution include but are not limited to:
     i.  When they determine that the alleged conduct would present a future risk of harm to others.
     ii.  When the Complaint involves allegations made by a Student against an Employee. Informal resolution in these cases is generally discouraged and may be permitted with the approval of the Systemwide Director for Civil                   Rights assigned to the University following a request by the Title IX Coordinator/DHR Administrator. In addition, any informal resolution agreement between a Student and an Employee will be reviewed by the assigned                   Systemwide Director for Civil Rights prior to being finalized.

The Title IX Coordinator/DHR Administrator will conduct or oversee the informal resolution process and conduct an initial and on-going assessment as to whether the process should continue.

Prior to approving an informal resolution, the Title IX Coordinator/DHR Administrator will consult with the appropriate administrator responsible for discipline.

The Title IX Coordinator/DHR Administrator will make the final determination on all informal resolution processes regarding whether the terms agreed to by the Parties are appropriate considering all of the circumstances of the Complaint.

When the informal resolution process is offered, and to the extent necessary, the Title IX Coordinator/DHR Administrator will also take other appropriate prompt and effective steps to ensure that the alleged violations of the Nondiscrimination Policy do not continue or recur within the University's education programs, activities, or employment.

Neither Party will be required or pressured to participate in an informal resolution process. The Title IX Coordinator/DHR Administrator must obtain the Parties' voluntary written consent to participate in the informal resolution process and must not require waiver of the right to an investigation and determination of a Complaint as a condition of enrollment or continuing enrollment, employment or continuing employment, or exercise of any other right.

The person facilitating the informal resolution process must not be the same person as the Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the Investigator. In addition, any informal resolution agreements facilitated by the Title IX Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil Rights.

The person facilitating the informal resolution process must not be the same person as the Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the Investigator. In addition, any informal resolution agreements facilitated by the Title IX Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil Rights.

Any person facilitating an informal resolution process will receive appropriate training and must be free from a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
 

Notice of Informal Resolution Process

Before beginning the informal resolution process, the Title IX Coordinator/DHR Administrator will explain in writing to the Parties:
     a. The allegations;
     b. The requirements of the informal resolution process;
     c. That any Party has the right to withdraw from the informal resolution process and begin or continue with the formal complaint resolution process at any time before agreeing to a resolution;
     d. The Parties’ right to consult with an Advisor;
     e. Any resolution must be in writing and signed by both Parties and the Title IX Coordinator/DHR Administrator
     f. That if the Parties agree to a resolution at the end of the informal resolution process, they cannot begin or continue with the formal complaint process in relation to the same allegations;
     g. The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
     h. What information the University will maintain and where and how the University could disclose such information for use in the formal complaint resolution process if such procedures begin or resume. 
 

Potential Terms

Potential Terms that may be included in an informal resolution agreement include, but are not limited to:

     a. Apology, written or verbal;
     b. Relocation or removal from a residence hall or other University provided housing, subject to availability;
     c. Changes in academic arrangements, such as changing class sections or locations;
     d. Changes in work schedules or locations;
     e. Limitations on or agreements related to participation in and/or presence in/at events, extracurricular activities, student organizations, recreational facilities, athletics, etc.
     f. Participation in and/or successful completion of alcohol or drug education or counseling;
     g. Participation in counseling services for mental or behavioral health;
     h. Participation in specific educational opportunity or training;
     i. Voluntary educational, mentoring, coaching, or counseling sessions, which may or may not include stipulations, such as proof of successful completion or statement of active participation from the mentor / coach / counselor;
     j. Verbal counseling or warnings;
     k. Collaborative agreements on behavioral or institutional changes;
     l. No-contact directives, or other restrictions on contact, communication, and/or interactions between the Parties;
     m. Restrictions on Respondent's movement or access to specific locations at the University;
     n. Alternative seating arrangements for graduation;
     o. Complainant sharing of an impact statement with the Respondent;
     p. Admission or acceptance of responsibility for causing harm and/or the alleged conduct;
     q. Community service;
     r. Voluntary participation in formal disciplinary action for Respondent;
     s. Restrictions on the Respondent's participation in one or more University programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions           had it determined at the conclusion of the formal complaint resolution process that a violation of the Nondiscrimination Policy occurred; or
     t. Other mutually agreed upon outcomes or resolutions.
         i. Any agreed-upon Remedies and Disciplinary Sanctions agreed to in an informal resolution have the same effect as Remedies given and Disciplinary Sanctions imposed following an investigation or hearing.
 

Timeframe

The informal resolution process may take place at any time before a determination of responsibility is made, but no later than 60 Working Days after both Parties provide voluntary, written consent to participate in the informal resolution process. The Parties and the Title IX Coordinator / DHR Administrator may agree to one or more extensions of the 60 Working Day deadline, which will be confirmed in writing. The timeline of the formal complaint resolution process will be paused during the pendency of any informal resolution process.

Written Agreement-Not Subject to Appeal

The terms of any informal resolution must be in writing and signed by the Parties and the Title IX Coordinator/DHR Administrator. Use of electronic signatures is permitted. A signed agreement to an Informal Resolution is final and is not appealable by either Party.

Restrictions on Mediation Between the Parties

Mediation between the Parties cannot be used, even on a voluntary basis, to resolve Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking Complaints.
 

Acceptance of Responsibility

The Respondent may, at any time during the investigation or hearing process, prior to an Investigator or Hearing Officer issuing their determination, choose to accept responsibility for the alleged conduct prohibited under the Nondiscrimination Policy.

Before a Respondent accepts responsibility for the alleged misconduct, the Title IX Coordinator / DHR Administrator or designee will discuss with the Respondent that the matter will be referred to the University president or designee for a decision regarding an appropriate Disciplinary Sanction, and that the acceptance of responsibility could – but will not necessarily – be regarded as a mitigating factor that results in less severe sanctions.

Acceptance of responsibility will only be recognized if the Respondent accepts responsibility by signing a written document prepared by the Title IX Coordinator / DHR Administrator that describes the range of Disciplinary Sanctions that the president or designee will consider in reaching a decision about Disciplinary Sanctions.
If the Respondent has accepted responsibility in writing, the Title IX/DHR office will issue a brief written summary of the allegations and a statement that the Respondent has accepted responsibility. The written summary will be sent to both the Complainant and the Respondent.

Within 5 Working Days of receiving the written summary from the Title IX/DHR Office, each Party may submit to the Title IX Coordinator / DHR Administrator an impact statement or other statement regarding discipline that is no more than 2000 words in length. The document is an opportunity for each Party to suggest disciplinary outcomes and to provide information that they believe is important for the president or designee to consider when reaching a sanction decision. The Student Conduct Administrator and/or Title IX Coordinator / DHR Administrator will also submit a written statement regarding aggravating and mitigating factors (that is, factors that would warrant a more severe or less severe sanction), including whether the Respondent was previously found to have violated the Standards for Student Conduct or the Nondiscrimination Policy. These written statements will be provided to the president or designee who will decide an appropriate sanction.
The Parties may appeal the sanction only on the grounds that the sanction(s) imposed was objectively unreasonable, or arbitrary based on the conduct for which the Respondent accepted responsibility. The appeal process will otherwise be in accordance with appeal procedures below.

Where there is an acceptance of responsibility regarding some but not all of the alleged conduct, the investigation and hearing process will continue to conclusion, unless otherwise resolved through Informal Resolution.
 

Investigations-The Formal Complaint Resolution Process

Purpose of the Investigation and Resolution Process

The investigation and resolution of Complaints under these Procedures is not intended to be an adversarial process between the Complainant, the Respondent, and witnesses. Rather, it is a process and opportunity for the University to educate students, provide an environment free from Discrimination, Harassment, and Retaliation, and comply with its obligations under law. The University will provide for adequate, reliable, and impartial investigation of Complaints. The University will treat Complainants and Respondents equitably.

Cooperation in the Investigation Process

All Employees, and Students who are not Parties to the Complaint, are required to cooperate with the investigation and other processes set forth in these Procedures, including but not limited to, attending meetings and interviews, and being forthright and honest during the process.

Written Notice

The University will provide a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.

Prohibition on Retaliation

The University strictly prohibits Parties or witnesses from engaging in Retaliation against anyone for reporting or filing a Complaint, assisting or participating in an investigation or hearing, interfering with a Party's or witness's rights or privileges under the Nondiscrimination Policy, or for assisting someone else in reporting or opposing conduct prohibited by the Nondiscrimination Policy. Any acts of Retaliation are subject to disciplinary action.

Privacy

The University will take reasonable steps to protect the privacy of the Parties and witnesses, including ensuring compliance with the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws. During the formal complaint resolution process, beginning with the Notice of Investigation and concluding when the deadline for an appeal has passed or the Civil Rights Appeals Unit has issued its final response, the Parties and witnesses are prohibited from using or disclosing the information or records obtained through the formal complaint resolution process. This prohibition shall not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses, consulting with family members, confidential resources, or Advisors, or otherwise preparing for or participating in the formal complaint resolution process. These restrictions also do not apply to information learned through other means, such as personal experience, or to disclosures made during another administrative proceeding or through litigation. For especially sensitive materials, including but not limited to recordings and medical records, the University will provide such records for viewing or inspection only -- and not for copying or possessing. The Parties and their Advisors may be asked to sign written acknowledgements agreeing to these restrictions on disclosure and re-disclosure. Whether or not such acknowledgments are signed, violations of these prohibitions, including disregarding any restrictions on the use of records (such as re-disclosing records to unauthorized individuals or copying records that are provided for viewing only), may subject a Student or Employee to discipline.

Standard and Burden of Proof

The standard of proof for hearings and investigations under these Procedures is the Preponderance of the Evidence.  Preponderance of the Evidence is a standard of proof that determines whether alleged conduct more likely than not occurred based on the evidence presented or facts available at the time of the decision. The responsibility is not on the Parties – but on the University — to conduct an investigation that gathers sufficient evidence to determine whether Discrimination, Harassment, or Retaliation occurred. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct. The University presumes that the Respondent is not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process.
 

Role of the Title IX Coordinator / DHR Administrator in the Investigation Process

The Title IX Coordinator/DHR Administrator will either investigate the Complaint or assign this task to an Investigator. If assigned to an Investigator, the Title IX Coordinator/DHR Administrator will supervise and oversee the investigation, including reviewing all draft investigation reports before they are final to ensure that the investigation complies with these Procedures. If the Title IX Coordinator/DHR Administrator investigates the Complaint, a Systemwide Director or other appropriately trained administrator will review all draft investigation reports in the place of the Title IX Coordinator/DHR Administrator.

Neutrality of Process

The University requires that any Title IX Coordinator/DHR Administrator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator/DHR Administrator or investigator. The Title IX Coordinator/DHR Administrator will take affirmative steps to ensure that anyone involved in conducting investigations, finding facts, and making disciplinary decisions in a matter will be impartial, neutral, and free from actual conflicts of interest. A conflict of interest exists if a person has a personal relationship with one of the Parties or witnesses, has a reporting employment relationship with a Party, or has demonstrated actual bias towards a Party or witness or towards Complainants or Respondents in general. Mere belief or opinion does not constitute evidence of bias or conflict of interest.
 

Investigation Where a Respondent Does Not Participate

The Respondent will not be found to have violated the Nondiscrimination Policy solely because the Respondent did not participate in the investigation or hearing process. Nor will the Respondent be found not to have violated the Nondiscrimination Policy solely because a Complainant or other witness did not participate in the investigation or hearing process.
 

Timeframes, Extensions, and Status Updates

The University has established the following timeframes for the major stages of the formal complaint resolution process:
 

The University has also established the following process that allows for the reasonable extension of timeframes in these Procedures on a case-by-case basis for good cause. A Party, Investigator, and/or Hearing Officer may request a reasonable extension of the timeframes in these Procedures at any time from the Title IX Coordinator/DHR Administrator. The Title IX Coordinator/DHR Administrator may also initiate a reasonable extension of the timeframes in these Procedures at any time. For an extension to be granted, the following process must be followed:

1. Good ause for the extension must exist. Good cause may include:
   1. To ensure the integiruty and thoroughness of the investigation;
   2. The reasonable absence of a Party, Party’s advisor, or witness;
   3. To comply with a request by law enforcement, including a concurrent law enforcement investigation;
   4. Based on the need to provide language assistance, disability accommodations, or other modifications to allow the full participation of a Party or witness;
   5. Academic breaks or exam periods;
   6. A particularly complex investigation or hearing process, such as one involving multiple Complainants, multiple Respondents, a large number of witnesses, voluminous evidence, or length of the written record;
   7. The severity and extent of the alleged misconduct; or
   8. Other extenuating or unforeseen circumstances that are not within the control of the University, Party, witnesses, Investigator, or Hearing Officer.
2. The Title IX Coordinator/DHR Administrator is the final decision-maker with respect to all extensions
3. The Parties receive written notice from the Title IX Coordinator/DHR Administrator or designee that an extension is necessary and an explanation for the delay. The notice will indicate if the extension alters the timeframes for the major stages of the Complaint process and provide a new estimated timeline.
    

Requests for Extensions

While requests for delays by the Parties and witnesses may be considered, the University cannot unduly or unreasonably delay the prompt resolution of a Complaint under the Nondiscrimination Policy.

     a. Student- As required by California law, the Title IX Coordinator/DHR Administrator will not unreasonably deny a Student Party's request for an extension during periods of examinations or academic breaks.
     b. Employees- The fact that an Employee is off contract or between semesters, without more, does not excuse an Employee from their expected participation in the Complaint resolution process.
 

Status Updates

In addition to the communications at each major stage of the process, the University will provide a status update to the Complainant and Respondent every 30-days, beginning from the date that the Notice of Investigation is issued until the Notice of Investigation Outcome or Final Decision is issued to the Parties, unless a Party requests in writing not to receive these updates.

     a. For cases of Sex-based Harassment, the Title IX Coordinator/DHR Administrator shall notify the Complainant of any Disciplinary Sanctions imposed against a Respondent.
     b. The Civil Rights Appeals Unit will provide status updates to the Parties and Title IX Coordinator/DHR Administrator as required by the timelines in these Procedures.
     c. In addition, either Party may, at any time, request from the Title IX Coordinator/DHR Administrator a status updates regarding investigation, hearing, and appeal timeframes.
 

Reasonable Accommodations

Any person with a Disability who seeks reasonable accommodations to participate in the Complaint submission or investigation process will be referred to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) who may consult with the Title IX Coordinator/DHR Administrator to determine the reasonableness of a requested accommodation.
 

Notices of Investigation

The University will prepare Notices of Investigation for the Parties upon initiation of the formal complaint resolution process. The Notices of Investigation must be issued to the Parties in writing, at the same time, and with sufficient time and information for the Parties to prepare a response before any initial interview. A Notice of Investigation must include the following information:

1. An overview summary of the Complaint allegations (e.g., "who," "what," "when," and "where"), including the identities of the Parties, the conduct alleged to constitute Discrimination, Harassment, or Retaliation, and the date(s) and location(s) of the alleged incident(s);
2. A copy of, or internet link to, these Procedures and the Nondiscrimination Policy, as well as a summary of the alleged Nondiscrimination Policy violations;
3. A summary of the Nondiscrimination Policy formal complaint resolution process, including the right to appeal and the informal resolution process;
4. That Retaliation is prohibited;
5. The Respondent is presumed not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process. Prior to such a determination, the Parties will have an opportunity to provide Relevant evidence to a trained, impartial decisionmaker (Investigator or Hearing Officer);
6. The estimated timeline for completion of the investigation;
7. Information regarding counseling and other Supportive Measures;
8. The Parties may have one Advisor of their choice who may be, but is not required to be, an attorney or union representative;
9. The Parties will have an equal opportunity to access the Relevant and not otherwise impermissible evidence used in the investigation;
10. A statement that the Complainant and Respondent will have equal opportunities to identify Relevant witnesses and evidence in connection with the investigation and at any hearing, including the ability to;
    1. Submit documentary information to the Investigator;
    2. Submit a list of potential witnesses to the Investigator; or
    3. Request that the Investigator attempt to collect additional relevant evidence;
11. A statement that any evidence available, but not disclosed during the investigation might not be considered in any findings made, including at any hearing, and likely will not be considered for purposes of appeal;
12. A statement that the Standards for Student Conduct prohibits furnishing false information to a University official, faculty member, or campus office;
13. A statement that the Complainant and Respondent will be provided with periodic status updates in accordance with the timelines established in these Procedures; and
14. A statement regarding the possible range of Disciplinary Sanctions. If new but related allegations are raised during the investigation that are materially different from those described in the Notice of Investigation, the Title IX Coordinator / DHR Administrator will issue a revised Notice of Investigation to the Parties, along with a corresponding revised timeline for completion, if appropriate.
    
     

Respondent Initial Meeting

In the Notice of Investigation, the Title IX Coordinator/DHR Administrator will offer to have an initial meeting with the Respondent. This meeting is not intended to be investigatory in nature. At this meeting, the Title IX Coordinator / DHR Administrator will explain the allegations against the Respondent, as well as the investigation process and the Respondent's rights during the process. The Title IX Coordinator/DHR Administrator will also explain that during the investigation process the Respondent and the Complainant will have the opportunity to present evidence, identify witnesses, and review evidence.
 

Gathering Evidence

During the investigation, the Investigator will take reasonable steps to gather all Relevant evidence from the Parties, witnesses, or other sources, including interviews with the Complainant, the Respondent, and Relevant witnesses. The University will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory (meaning that it shows or tends to show a person's involvement in the alleged conduct) and exculpatory (meaning that it shows or tends to show that a person was not involved in the alleged conduct) evidence that is Relevant. The Investigator will interview the Parties and Relevant witnesses and review documents and physical evidence. As appropriate to the investigation, the Investigator may conduct follow-up interviews or request responses to questions in writing.
 

Opportunity to Submit Evidence and Identify Witnesses

The Complainant and Respondent will be asked to identify witnesses and provide other Relevant information, such as documents, communications, and other available evidence. The Parties are encouraged to provide all Relevant information as soon as possible to facilitate a prompt resolution to the Complaint. The Investigator may receive any information presented by the Parties, but the Investigator, not the Parties, is responsible for gathering Relevant evidence. If a Party or witness declines to voluntarily provide material information or delays in doing so, the University's ability to conduct a prompt, thorough, and equitable investigation may be impacted. The University will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present Relevant evidence. Parties and witnesses must not engage in actions that could be considered Retaliation, including confronting, threatening, intimidating, attempting to influence, or otherwise taking inappropriate actions against any Party, witness, or anyone else participating in the investigation or hearing process. The Investigator will document the steps taken to gather evidence, even when those efforts are not successful.
 

Bases for Declining a Request to Gather Evidence

The Investigator will gather evidence and ask questions proposed by the Parties, except as follows:
     a. The Investigator determines that the questions are repetitive, irrelevant, or harassing.
     b. The request seeks information that can be reasonably and adequately obtained by the requesting Party from other independent or publicly available sources.
     c. The burden of obtaining the information is likely to substantially outweigh the benefit that the evidence bears on a disputed issue.
     d. The requested information can be reasonably obtained through other means less likely to intrude on a person's privacy.
 

Investigations Involving Allegations of Sex Discrimination

The University will review all evidence gathered through the investigation and determine what Relevant evidence may be considered. Questions are Relevant when they seek evidence that may aid in showing whether or not the alleged conduct occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether or not the alleged conduct occurred.

1. Impermissible evidence is evidence that is not allowed to be accessed, considered, or otherwise used by the University, except to determine if one of the exceptions listed below applies. The following types of evidence, and questions seeking that evidence, are impermissible, regardless of whether they are Relevant:
   1. Evidence protected by a privilege recognized by state or federal law (unless waived by the Party or witness holding the privilege);
   2. A Party's or witness's private medical records maintained by a physician, psychologist, or other recognized professional or paraprofessional (unless the Party or witness voluntarily consents to its use in writing); or
   3. Evidence that relates to the Complainant's or Respondent's sexual interests or prior or subsequent sexual conduct (unless offered to prove someone other than the Respondent committed the alleged conduct or offered to prove how the Parties communicated consent in prior or subsequent consensual, sexual relations).
      1.  subsequent consensual, sexual relations).
         Where the Investigator allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent, the fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
      2. Prior consensual, sexual conduct between the Complainant and the Respondent does not prevent the University from finding that the conduct alleged in the Complaint constitutes Sex-based Harassment or otherwise violates the Nondiscrimination Policy.
2. Before allowing the consideration of any evidence of sexual history of the Complainant or the Respondent under this section, the Investigator will provide a written explanation to the Parties as to why consideration of the evidence is permissible under this section.
    

Expert Witnesses

In rare cases, an Investigator may need to consult medical, forensic, technological, or other experts when expertise on a topic is needed to achieve a fuller understanding of the issues under investigation. In such cases, the Investigator must consult with the Title IX Coordinator/DHR Administrator prior to engaging an expert witnesses.

Preliminary Investigation Report 

The University will provide each Party and the Party's Advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of Discrimination, Harassment, or Retaliation and not otherwise impermissible evidence.

Before finalizing the investigation, the Investigator will share with the Complainant and Respondent a preliminary investigation report, along with all Relevant evidence gathered. The preliminary investigation report will list any evidence offered by the Parties or any other witnesses that the Investigator concluded are not Relevant. This evidence will be available for review upon request. The preliminary investigation report will:
     a. Describe the allegations.
     b. Describe the investigative process to date.
     c. Set forth the relevant policy language and the Preponderance of Evidence Standard.
     d. Describe the evidence presented and considered.
     e. Identify the material facts – disputed and undisputed – with explanations as to why any material fact is disputed.
 

Access to Preliminary Investigation Report

The Investigator, in consultation with the Title IX Coordinator/DHR Administrator, will use discretion in determining how to provide the Parties with secure access to the preliminary investigation report. The University will take reasonable steps to prevent and address the Parties' and their Advisors' unauthorized disclosure of information and evidence obtained solely through the formal complaint resolution process.
 

Review of Evidence

Each Party will be given a reasonable opportunity to respond to the preliminary investigation report and any attached evidence and ask questions. The opportunity to review and respond to the preliminary investigation report is known as the "review of evidence" process. The Parties will have 10 Working Days to review the evidence. Each Party may:
     a. Respond to the evidence in writing.
     b. Request that the Investigator gather additional evidence or ask specific questions to the other Party and other witnesses.
     c. Identify additional witnesses.

Conclusion of Review of Evidence

The Investigator will share with the Parties the answers to questions posed during the review of evidence and additional Relevant evidence gathered. This will be shared with all Parties, who may then respond to any new evidence and ask questions. The Investigator determines when it is appropriate to conclude the review of evidence process.
 

Final Investigation Report

Final Investigation Report (Hearing Required)

In matters where a hearing is not required, a final investigation report will be provided to the Parties along with a Notice of Investigation Outcome.

     a. The final investigation report will include:
         i. A summary of the allegations,
         ii. The investigation process,
         iii. The Preponderance of the Evidence standard,
         iv. A detailed description of the evidence considered,
         v. Analysis of the evidence including relevant credibility evaluations,
         vi. Appropriate findings, and
         vii. Relevant exhibits and documents attached to the written report.
     b. The Notice of Investigation Outcome will attach the final investigation report and include the following:
         i. A summary of the allegations and the investigative process.
         ii. That the Preponderance of the Evidence standard was employed.
         iii. A summary of the findings of fact.
         iv. A determination as to whether the Nondiscrimination Policy was violated, and if so, any Remedies to be afforded to the Complainant.
         v. Notice of Parties' right to appeal under these procedures.
     c. The notice will usually be delivered to the Parties electronically. If the notice includes a determination that there was a violation of the Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator will notify the                   appropriate University administrator responsible for discipline of the investigation outcome and provide a copy of the final investigation report. This notice will include the appeal rights available to the Respondent prior to             the initiation of any Disciplinary Sanctions.
 

Final Investigation Report (Hearing Not Required)

The final investigation report will include all of the information included in the preliminary investigation report as well as additional Relevant evidence received during the review of evidence. Any relevant evidence provided by the Parties or witnesses, or otherwise gathered by the Investigator, will be attached to the final investigation report, or made available for review by the Parties. Evidence offered by the Parties or any other witnesses that the Investigator concluded is not Relevant will be noted but not included in the final investigation report and should be available at the time of the hearing such that it can be provided to the Hearing Officer if requested.
 

Hearings

As part of the formal complaint resolution process for Sex-based Harassment cases, the CSU will provide a live hearing that enables the decisionmaker – “the Hearing Officer” – to question the Parties and witnesses to assess a Party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations.  
A hearing will be provided when: 

1. Both Parties are Students, or either the Complainant or Respondent is a Student; AND
2. The Complaint includes allegations of Sex-based Harassment. The Complainant and Respondent will be treated equitably throughout the pre-hearing and hearing processes.

Privacy

The University will take reasonable steps to protect the privacy of the Parties and witnesses during the hearing process, provided that the steps do not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses (subject to the University’s prohibition on Retaliation), consulting with their family members, confidential resources, or Advisors, or otherwise preparing for or participating in the process. 

Pre-Hearing Schedule and Response Deadlines:

Role of the Hearing Coordinator

The Hearing Coordinator (either the student conduct administrator, Title IX Coordinator, or other appropriate administrator) is the person responsible for coordinating the hearing process. The Hearing Coordinator will act as liaison between the Parties and the Hearing Officer on procedural matters and therefore may not be the Investigator assigned to the matter. The Hearing Coordinator may appropriately delegate administrative tasks but should have overall supervision of the hearing coordination process.

Notice of Hearing-20 Working Days Prior to Hearing

The Parties will be sent a written notice of the hearing at least 20 Working Days before the hearing. The notice will include the date, time, location, and purpose of the hearing as well as the name of the Hearing Officer. The notice is considered received on the date it is sent.

Submission of Proposed Witness List

No later than 15 Working Days before the hearing, each Party will provide to the Hearing Coordinator a proposed witness list that includes the names of, and current contact information for, that Party's proposed witnesses as well as an explanation of the relevance of each proposed witness' testimony.  
 

Information Regarding Advisors and Support Persons

A Party may be accompanied at the hearing by one Advisor (for consultation) and one Support Person (for emotional support) of their choice. No later than 15 Working Days before the hearing, the Parties will provide to the Hearing Coordinator the name of, and contact information for, the Party's Advisor and Support Person (if any).

Objections to the Hearing Officer

A Hearing Officer will not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. Objections to the assigned Hearing Officer will be made in writing to the Hearing Coordinator no later than 15 Working Days before the hearing. 
          a. The objection may only be based on an actual conflict of interest. An actual conflict of interest exists if the Hearing Officer has a personal relationship with one of the Parties or witnesses or has demonstrated actual bias                   towards a Party or witness, or complainants or respondents generally.  
          b. The fact that the Hearing Officer has previously served as a hearing officer in a University proceeding is not a conflict of interest. Mere belief or opinion does not constitute evidence of actual bias or conflict of interest. 
          c. The Hearing Coordinator will determine if there is a conflict of interest. In that event, the Parties will be notified in writing of the name of the new Hearing Officer. The date for the hearing may need to be rescheduled. Any              objection to the new Hearing Officer will be made following the same process described above.  
 

Location of Hearing-15 working Days Prior to Hearing

Generally, the University will conduct hearings with the Parties physically present in separate locations using videoconferencing technology that allows the Hearing Officer and the Parties to simultaneously see and hear the Party or witness while that person is speaking. Any objections from a Party about being out of the physical presence of the Hearing Officer will be made in writing no later than 15 Working Days before the hearing.  

Space and Technology Needs

Any Party who anticipates that they will not have a private space from which to participate in the hearing and/or technology access, including a reliable internet connection, should notify the Hearing Coordinator no later than 15 Working Days before the hearing so that the Hearing Coordinator can assist with appropriate arrangements for a private on-campus space and technology access.

Disability Accommodations

Any Party who requires a disability accommodation to facilitate their full participation in the hearing should notify the Hearing Coordinator no later than 15 Working Days before the hearing. The Hearing Coordinator will refer such requests to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator), who may consult with the Hearing Coordinator to determine the reasonableness of a requested accommodation.  

Notification to Witnesses and Facilitation of Witness Participants

No later than 10 Working Days before the hearing, the Hearing Coordinator will share the witness list with the Parties and notify each witness of the date, time, and location of or how to access the hearing. a. The campus will direct Employee and Student witnesses to attend the hearing where the witnesses are timely identified to the Hearing Coordinator.  b. The University will accommodate Student and Employee witnesses, including arranging for them to be excused from class attendance or work duties where necessary. Witnesses will be instructed to promptly direct any questions or concerns about their attendance at the hearing to the Hearing Coordinator. c. Any Employees, including those in bargaining units, who fail to comply with the directive may be subject to discipline under the applicable provisions of their collective bargaining agreement or other University policy.  d. Students who fail to comply may be subject to discipline depending on the circumstances.  

Submission of Proposed Questions

No later than 5 Working Days prior to the hearing, the Parties will submit a list of proposed questions to the Hearing Coordinator, who will share these with the Hearing Officer. Proposed questions will not be shared with the other Party or witnesses in advance of the hearing.

Questions/Concerns About the Witness List

No later than 5 Working Days before the hearing, the Parties will submit to the Hearing Coordinator any objections to, or questions about, the witness list.

Pending Requests

No later than 1 Working Day before the hearing, the Hearing Officer will resolve all pending requests regarding participation at the hearing. The Hearing Coordinator will give prompt notice to the Parties (and witnesses) as appropriate.

Role of Hearing Officer in Pre-Hearing Matters

The Hearing Officer will make all determinations regarding pre-hearing matters, including which witnesses will participate and which questions, if submitted, are Relevant and will promptly notify the hearing coordinator who, in turn, will promptly notify the Parties.  The Hearing Officer may also identify and request witnesses from the final investigation report not previously listed by the Parties attend the hearing.

Audio Recording of Hearing

The University will make an official audio recording of the hearing. No other recording of the hearing is permitted. The recording is University property. The audio recording will be retained by the University in accordance with the records retention policy. Parties may request to review the recording.

Hearing Attendees and Participants

1. The following individuals are permitted to attend the hearing: 
2. The Parties
3. The Hearing Office
4. Witnesses while they are answering questions
5. The Title IX Coordinator/DHR Administrator
6. The Hearing Coordinator 6. The Student Conduct Administrator
7. One Advisor per Party
8. One Support Person per Party
9. An appropriate Chancellor’s Office administrator University police or security officer, or other individuals may be present as necessary for security, technological support, language assistance or other approved reasonable accommodation but will not participate in the hearing.
    

Role of Advisors and Support Persons

The Parties may each be accompanied at the hearing by one Advisor and one Support Person. An Advisor and Support Person may observe and consult with the Parties. However, during the hearing, the Advisor and Support Person will not make the opening statement or speak regarding the substance or the process of the hearing. Parties may make a request to the Hearing Officer for a break to speak with their Advisor or Support Person.

Party Failure to Appear

If a Party does not appear at the hearing without good cause, the hearing will proceed as scheduled. Whether good cause exists is determined by the Hearing Officer.
The Respondent will not be found to have violated the Nondiscrimination Policy solely because the Respondent or other witness failed to appear at the hearing. Nor will the Respondent be found not to have violated the Nondiscrimination Policy solely because a Complainant or other witness failed to appear at the hearing.
 

Participant Conduct

Abusive or otherwise disorderly behavior that causes a material disruption will not be tolerated. The Hearing Officer may excuse anyone from the hearing (including either Party or their Advisor or Support Person) whose behavior causes a material disruption. The Hearing Officer, at their discretion, may postpone the hearing when a participant has been excused. In making this decision, the Hearing Officer will consider the equity of postponement for both Parties.

New Evidence

Generally, the Parties may not introduce evidence, including witnesses and their statements, at the hearing that the Party did not identify during the investigation and that was available at the time of the investigation. The Hearing Officer has discretion to accept for good cause, or exclude, new evidence offered during the pre-hearing stage or at the hearing.

Opening Statements

Each Party will be given an opportunity to make an opening statement of no longer than 10 minutes. An opening statement is intended to give the Parties the opportunity to share their perspective regarding the facts and discuss the core disputes in the investigation. It should focus on the facts of the matter and not be argumentative. The Parties will not make closing statements.

Questioning

All questions will be asked by the Hearing Officer. The Hearing Officer may ask questions of the Complainant, Respondent, Investigator, any campus official (e.g., Title IX Coordinator / DHR Administrator or Student Conduct Administrator), and any witness.  

1. The process for proposing and asking Relevant and not otherwise impermissible questions and follow-up questions of Parties and witnesses, including questions challenging credibility, will:
   1. Allow the Hearing Officer to ask such questions, and
   2. Allow each Party to propose such questions that the Party wants asked of any Party or witness and have those questions asked by the Hearing Officer, subject to the procedures for evaluating and limiting questions described below. 
2. Procedures for the Hearing Officer to evaluate the questions and limitations on questions:
   1. The Hearing Officer will determine whether a proposed question is Relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible. 
   2. Questions that are unclear or harassing of the Party or witness being questioned will not be permitted.
   3. The Hearing Officer will give a Party an opportunity to clarify or revise a question that the Hearing Officer determines is unclear or harassing. If the Party sufficiently clarifies or revises the question, the question will be asked.
   4. The Parties may also submit written follow-up questions to the Hearing Officer during the hearing, at appropriate times designated by the Hearing Officer.
   5. The Hearing Officer will ask the questions proposed by the Parties except for questions that:
      1. Seek information that is unreasonably duplicative of evidence in the Hearing Officer's possession; 
      2. Are not relevant to material disputed issues, are repetitive, argumentative or harassing or unduly intrude on a witness' privacy; 
      3. Relate to the Complainant’s or Respondent’s sexual interests or prior or subsequent sexual conduct, unless offered to prove someone other than the Respondent committed the alleged conduct;
      4. Relate to the existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent unless the evidence is relevant to how the Parties communicated consent in prior or subsequent consensual sexual relations. 
         1. Note: If the Hearing Officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent the mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
         2. The Hearing Officer shall provide a written explanation to the Parties as to why consideration of the evidence is consistent with this section in the Hearing Officer’s Report.
             

Party or Witness Failure to Participate

The Hearing Officer may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible. The Hearing Officer will not draw an inference about whether alleged conduct occurred based solely on a Party’s or witness’s refusal to respond to such questions.

Questions, Concerns, and Objections to Questions Posed

At the hearing, each Party will have an opportunity to ask questions, submit concerns, or note an objection to questions posed. All such questions, concerns, or objections will be submitted in writing to the Hearing Officer. The Hearing Officer is not required to respond to an objection, other than to include it in the record.

Hearing Officer Discretion to Rephrase or Decline Questions

The Hearing Officer has the authority and duty to decline or rephrase any question that the Hearing Officer deems to be repetitive, irrelevant, or harassing. Formal rules of evidence applied in courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. However, the Hearing Officer may take guidance from the formal rules of evidence.

The Hearing Officer's Report

The Hearing Officer will prepare a written report that includes findings of facts and conclusions about whether the Respondent violated the Nondiscrimination Policy.

1. The report will include:
   1. A description of the alleged conduct and potential Nondiscrimination Policy violations, which should correspond with those detailed in the Notice of Investigation and any amended notices.
   2. Information about the policy and procedures that the University used to evaluate the allegations. 
   3. A summary of any procedural issues raised by the Parties before or during the hearing. 
   4. The definition of the Preponderance of the Evidence standard and a statement that this was the standard applied by the Hearing Officer in reaching their determinations
   5. Any material evidence identified by the Parties or witnesses that the Hearing Officer determined was not Relevant (or duplicative) and the reason why the evidence was not considered to be Relevant.
   6. A list of all questions submitted by the Parties at the hearing, and if any questions were not asked, why.
   7. The Hearing Officer’s evaluation of the Relevant and not otherwise impermissible evidence including an analysis of the credibility of the Parties and witnesses, when credibility assessments are required to resolve factual disputes. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness. 
   8. A determination whether the alleged conduct occurred and if the conduct violated the Nondiscrimination Policy.
   9. When the Hearing Officer finds that a violation of the Nondiscrimination Policy occurred, any Disciplinary Sanctions the University will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by the University to the Complainant, and, to the extent appropriate, other students identified by the University to be experiencing the effects of the violation of the Nondiscrimination Policy.
   10. The procedures and permissible bases for the Complainant and Respondent to appeal. 
        
2. The Title IX Coordinator will review the Hearing Officer's report to ensure compliance with the Nondiscrimination Policy.
3. The Hearing Coordinator will notify the Parties at the same time and in writing of the determination as to whether the alleged conduct and violation of the Nondiscrimination Policy occurred and will include a copy of the Hearing Officer’s report. This notification will be issued within 15 Working Days of the end of the hearing, unless an extension is granted by the Title IX Coordinator/DHR Administrator. The notification will also include information regarding the Parties’ appeal rights.  The Student Conduct Administrator or other appropriate administrator will also be notified of the Hearing Officer’s determination.
   
    

Hearing Outcome- No Violation Found

If no violation is found, the Hearing Coordinator will notify the Parties of the outcome and their appeal rights, as described above. The University president or designee will also be notified.

Hearing Outcome- Violation Found

If there is a determination that a violation of the Nondiscrimination Policy occurred, as appropriate, the Title IX Coordinator will:
 

1. Coordinate the provision and implementation of Remedies to a Complainant and other people the University identifies as having had equal access to its education programs or activities limited or denied by the Nondiscrimination Policy violation.  
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions;  
3. Take other appropriate prompt and effective steps to ensure that Sex-based Harassment does not continue or recur within the University’s education programs or activities; and 
4. Comply with the Nondiscrimination Policy procedures before the imposition of any Disciplinary Sanctions against a Respondent.  
    

Statements from Parties, Title IX Coordinator, and Appropriate Administrator

If the Hearing Officer finds a violation of the Nondiscrimination Policy, the Parties may submit to the Hearing Coordinator an impact statement or other statement regarding discipline. The statement is an opportunity for the Parties to suggest disciplinary outcomes and to provide information that they believe is important for the Hearing Officer to consider. The statement may not be more than 2000 words in length and will be submitted to the Hearing Coordinator no later than 5 Working Days after the Hearing Officer's report is sent to the Parties.  
The appropriate administrator and/or the Title IX Coordinator/DHR Administrator will also submit to the Hearing Coordinator a written statement regarding aggravating and mitigating factors no later than 5 Working Days after the Hearing Officer's report is sent to the Parties. The Hearing Coordinator will provide these statements to the Hearing Officer. Any information in the impact statement relied upon by the Hearing Officer in making their Disciplinary Sanction recommendation will be shared with the other Party with the president (or designee’s) final decision and notification.
 

Recommendation as to Disciplinary Sanctions

Within 5 Working Days after receiving and considering the statements described above, the Hearing Officer will update their Hearing Officer's report to include the recommended Disciplinary Sanctions and submit it to the president (or designee).

Final Decision and Notification

Within 10 Working Days of receipt of the Hearing Officer's report, the president (or designee) will review the Investigation Report and the Hearing Officer's report and issue a decision concerning the appropriate Disciplinary Sanction.

1. Adoption of Sanctions – The president (or designee) may impose the recommended sanctions, adopt a different sanction or sanctions, or reject sanctions altogether. If the president adopts a sanction other than what is recommended by the Hearing Officer or rejects sanctions altogether, the president must set forth the reasons in the Decision Letter. 
2. Remedies – The University may also provide Remedies, which may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, Campus escorts, restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the Campus, and other similar measures. The Title IX Coordinator/DHR Administrator is responsible for determining the reasonableness of the requested Remedy and coordinating the effective implementation of Remedies
3. Decision Letter – The Decision Letter will include: 
      a. The outcome of the hearing, including any sanction imposed, and the name of the Respondent.
      b. A copy of the Hearing Officer's Report, including the Hearing Officer’s recommended Disciplinary Sanctions. 
      c. Notice of the Complainant's and Respondent's right to appeal.
4. Notification of Final Decision – The president will send the Decision Letter electronically to the Respondent and Complainant at the same time.
      a. The decision will also be sent to the appropriate administrator and the Hearing Officer.
      b. The president will also send the Decision Letter to the Title IX Coordinator/DHR Administrator so that they may determine whether any additional Remedies or other Supportive Measures will be afforded or undertaken to        maintain a safe and nondiscriminatory University environment.
      c. A copy of the Decision Letter issued to the Complainant will be redacted as to findings regarding conduct that does not constitute a "crime of violence," Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking       (34 C.F.R. § 99.31 et seq.).
      d. Unless the University and Parties are notified that an appeal has been filed, the president's (or designee's) sanction decision becomes final 11 Working Days after the date of the Decision Letter.
    

Appeal Procedures

For Complaints alleging Sex-based Harassment, either Party may file an appeal. For Complaints involving allegations of Discrimination, Harassment, Prohibited Consensual Relationships, or Retaliation only the non-prevailing Party may appeal.
 

Filing an Appeal to the Chancellor's Office

A written appeal may be submitted to the Chancellor's Office Civil Rights Programming & Services Appeals Unit (“Civil Rights Appeals Unit”) no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Arguments or evidence submitted after the appeal submission deadline will not be considered by the Civil Rights Appeals Unit. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:  

Civil Rights Appeals Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore Long Beach, California 90802
CO-Appeals@calstate.edu

Electronic submission to the email address listed above is the preferred method of submitting appeals.
 

Bases for Appeal

An appeal will be based only on one or more of the appeal issues listed below: 
   1. There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
   2. Procedural errors occurred that would have likely changed the outcome of the investigation or hearing.
   3. New evidence is available that would change the outcome and that was not reasonably available when the Investigator’s or Hearing Officer’s determination was made.
   4. The Title IX Coordinator/DHR Administrator, Investigator, or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would       change the outcome.
   5. The sanctions imposed was objectively unreasonable, or arbitrary based on substantiated conduct. (For Acceptance of Responsibility cases or Appeal reversals).
 

Issues and Evidence on Appeal

The issues and evidence raised on appeal will be limited to those raised and identified during the investigation or hearing, unless new evidence that was not reasonably available at the time of the investigation or hearing and that could change the investigation or hearing outcome becomes available after the University investigation or hearing was completed and is submitted by the appealing Party. The Civil Rights Appeals Unit may conduct an interview, at their discretion, with the appealing Party to clarify the written appeal.

Acknowledgment of Appeal

The Civil Rights Appeals Unit will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the University to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Civil Rights Appeals Unit will be provided to the appealing Party for informational purposes only.

Reasonable Accommodation

The Civil Rights Appeals Unit will provide reasonable accommodations to any Party or witness in the appeal process with a qualified Disability upon request by the person needing the accommodation. A reasonable accommodation may include an extension of time under these Procedures. The timeframe for the Civil Rights Appeals Unit Response will automatically be adjusted for the time needed, if any, to provide reasonable accommodations. The Civil Rights Appeals Unit will consult with the appropriate university administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) to determine the reasonableness of a requested accommodation.

Scope of Review

The Civil Rights Appeals Unit will not conduct a new investigation; however, the Civil Rights Appeals Unit may make reasonable inquiries to determine if the new evidence could have affected the investigation or hearing determination. On appeal, the Civil Rights Appeals Unit does not reweigh the evidence, re-decide conflicts in the evidence, or revisit determinations made by the Investigator or Hearing Officer about the credibility or reliability of witnesses and the Parties.

Civil Rights Appeals Unit Response

The Civil Rights Appeals Unit response will include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, and the determinations reached regarding the issues identified within the written appeal. A copy of the final Civil Rights Appeals Unit response will be forwarded to the Complainant, the Respondent, and the Title IX Coordinator/DHR Administrator. The appeal response determination is final and is not subject to further appeal.

Reopening a University Investigation or Hearing

If the Civil Rights Appeals Unit review determines that an issue raised on appeal would have affected the investigation outcome or hearing outcome, the investigation or hearing will be remanded back to the University and the investigation or hearing reopened at the campus level. The Civil Rights Appeals Unit will return the matter to the University and will specify in writing the timeline by which a reopened investigation or hearing must be completed. The Civil Rights Appeals Unit will notify the Parties of the reopening of the investigation or hearing and the timeline for completion of the reopened investigation or hearing. The University will complete the reopened investigation or hearing and provide the Civil Rights Appeals Unit with an amended final investigation report or Hearing Officer report. The University will also provide the Parties with amended notices of investigation outcome or final decision, and such notices will provide the non-prevailing Party the opportunity to appeal. Upon receipt of the amended final investigation report/final decision, if the outcome remains unchanged, the Chancellor's Office will contact the original appealing Party to determine whether that Party wishes to continue with the appeal. If the outcome is reversed by the University, the non-prevailing Party will be given an opportunity to appeal.

Reversal by Civil Rights Appeals Unit

If the Civil Rights Appeals Unit determines that no reasonable fact finder (Investigator or Hearing Officer) could have made the findings as determined by the Investigator or Hearing Officer, the Civil Rights Appeals Unit may vacate and reverse the investigation or hearing outcome, but only with respect to whether the Nondiscrimination Policy was violated (and not with respect to factual findings). If the Civil Rights Appeals Unit vacates and reverses the investigation or hearing outcome, it will notify the Parties at the same time and in writing, as well as the Title IX Coordinator/DHR Administrator. Following a reversal of an investigation or hearing outcome by the Civil Rights Appeals Unit, the decision is final and is not subject to further appeal. In the event that the final outcome has been reversed by the Civil Rights Appeals Unit and a sanction will be imposed by the University, both Parties have a right to appeal the sanction only. If a sanction is found to be objectively unreasonable, or arbitrary based on substantiated conduct, the matter will be sent back to the University for reconsideration of the sanction.

Timeline for Response to Appeal

The Civil Rights Appeals Unit will respond to the appealing Party no later than 30 Working Days after receipt of the written appeal, unless the timeline has been extended pursuant to Section L below.

Timelines and Extensions

The Civil Rights Appeals Unit has discretion to extend the timelines for the appeal process for a good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This includes the time for filing an appeal, the time for a reopened investigation or hearing to be completed, and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process. 

Disciplinary Sanctions and Remedies

The University will not impose discipline on a Respondent for violations of the Nondiscrimination Policy unless: 1) there is a determination at the conclusion of the formal complaint resolution that the Respondent engaged in prohibited Discrimination, Harassment, or Retaliation⁹; or 2) where discipline is greed to as part of an informal resolution process. 

If there is a determination that Discrimination, Harassment, or Retaliation occurred, the Title IX Coordinator/DHR Administrator will, as appropriate:

    1. Coordinate the provision and implementation of Remedies to a Complaint and other people the University identifies as having had equal access to the University's education program or activity limited or denied by Discrimination, Harassment or Retaliation;

    2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions;

    3. Take other appropriate prompt and effective steps to ensure that Discrimination, Harassment, or Retaliation does not continue or recur within the University's education programs, activities, or employment; and

    4. Comply with these Procedures before the imposition of any Disciplinary Sanctions against a Respondent. 

Students who are found to have violated the Nondiscrimination Policy will be subject to discipline in accordance with state and federal requirements, student conduct rules, and other CSU policies. Sanctions for Students determined to have violated the Nondiscrimination Policy are identified in the Student Conduct Process: restitution, loss of financial aid, educational and remedial sanctions, denial of access to campus or persons, disciplinary probation, suspension, and expulsion. The University may also temporarily or permanently withhold a degree. Other sanctions and remedies may be agreed upon through the Informal Resolution process. 

Employees who are found to have violated the Nondiscrimination Policy will be subject to discipline that is appropriate for the violation and in accordance with state and federal requirements and other CSU policies and applicable collective bargaining agreements. The possible sanctions for the Employees determined to have violated the Nondiscrimination Policy are education, training, counseling, reprimand, unpaid suspension of varying lengths, demotion, and/or termination.

Registered Sex Offenders

California’s sex offender registration laws require convicted sex offenders to register their status with the University police department if they are enrolled, residing, attending, carrying on a vocation (i.e., contractor or vendor on campus for more than 30 days in the year), or working with or without compensation for the institution. All public information available in California about registered sex offenders, to include the ability to look-up offenders by name, residence address, and zip code, is on the California Department of Justice Megan's law website at https://www.meganslaw.ca.gov/.