Title IX/Discrimination, Harassment & Retaliation

Investigation Process

  • EO 1096 & 1097 - Investigator Model
  • EO 1097 - Addendum A
  • EO 1096 & 1097 - Addendum B * coming in August 2020

*Please remember that Early/Informal Resolution is Always Available if You are Hesitant About Investigation*

EO 1096 & 1097 - Investigator Model

  • This applies to any complaint of discrimination of a protected category. Race, religion, disability, age, veteran status, gender bias, etc.
  • Title IX/DHR Director vets complaint and discusses options with Complainant.
  • Investigation moves forward through gathering of party statements, witness statements, and collection of any hard/physical evidence.
  • When evidence is compiled, the parties receive an evidence report to review and provide feedback on all relevant information prior to a policy determination.
  • Final report is issued from the investigator, determining whether policy has been violated.
  • With a decision finding policy violation, the matter is referred for corrective action. Student Conduct for students, and University Personnel for faculty and staff.
  • Any party can appeal the decision to the Chancellor's Office, with specifics of those appeals outlined in the pertinent EOs.

EO 1097 - Addendum A

Applies only to cases where:

  • A CSUMB student is accused of sexual misconduct, including dating/domestic violence; and
  • The alleged violation would potentially warrant expulsion or suspension; and
  • Witness credibility is central to the case (almost always).

Investigation process is the same as above (Investigator Model), with these distinct differences:

  • After the Evidence Report is provided to the parties, and any additional work completed, the investigator will issue a report that does not include analysis or findings as to violation of policy.
  • The matter then proceeds to a Hearing, which is overseen by an outside Hearing Officer who presides over the hearing process. A Hearing Coordinator will be assigned on campus to act as a liaison and assist in gathering information for the Hearing Officer.
  • The parties may have a representative and/or support person with them during the hearing, with the understanding the parties must speak for themselves at all times. They are able to submit questions for the other party(s) and witnesses prior to the hearing, and the Hearing Officer decides and conducts all of the questioning.
  • The Hearing Officer makes the final decision regarding violation of policy. If a violation is found, the parties and campus can submit statements regarding appropriate corrective action for the Hearing Officer's consideration. The Hearing Officer then also issues recommendations for said action.
  • The Hearing Officer's report goes to the designated campus official, the VPSAE, Dr. Ronnie Higgs, who then makes the final determination of outcome for corrective action.
  • The hearing outcome can be appealed by any party to the Chancellor's Office.

EO 1096 & 1097 - Addendum B

Content will be provided once the new policy is completed. Anticipated August 14, 2020

Significant changes to anticipate

  • Will apply to employees and students for concerns of sexual harassment, including sexual misconduct.
  • Federal law created a new definition for sexual harassment that must be incorporated into CSU policy.
  • These matters will continue to go to hearing as described above, but the parties will be required to have a Hearing Advisor who then conducts real-time questioning of the other party(s) and witnesses. The campus will supply a Hearing Advisor if the party does not have one.