Complaint Process

The Title IX and Gender Equity Office takes all complaints seriously and will review every complaint received.  Immediately following an act/action/incident that falls under Executive Order 1096 or 1097 or as soon as possible thereafter, complainants who believe they are or may have been victims of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence or Stalking, may initiate the complaint process (Article III in Executive Orders 1096 and 1097).  All incidents should be reported even if a significant amount of time has passed. However, delaying a report or complaint may impede the ability to conduct an investigation or take appropriate remedial actions.

timelines

Attachment B from Executive Orders 1096 and 1097 have established timelines for the complaint process.  Below are the details for each type of complaint.

Timeline for Complaints Filed by Students

Pursuant to Executive Order (EO) 1097, a “Student”, defined as an applicant for admission to the CSU, an admitted CSU Student, an enrolled CSU Student, a CSU extended education Student, a CSU Student between academic terms, a CSU graduate awaiting a degree, a CSU Student currently serving a suspension or interim suspension, and a CSU Student who withdraws from the University while a disciplinary matter (including investigation) is pending, may file a Complaint related to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence or Stalking.

Immediately following an act/action/incident that falls under Executive Order 1096 or as soon as possible thereafter, Complainants who believe they are or may have been victims of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence or Stalking, may initiate the Article III. Campus Procedure for Responding to Complaints to receive information about the procedures that exist for resolving such matters. All incidents should be reported even if a significant amount of time has passed. However, delaying a report or Complaint may impede the ability to conduct an investigation or take appropriate remedial actions.

For the purpose of this Executive Order, Working Days are defined as Monday through Friday, excluding all official holidays or Campus closures at the Campus where the Complaint originated or at the Chancellor’s Office (CO) where the Complaint Appeal is reviewed.

  • Within ten (10) Working Days after receipt of a Complaint, an intake interview shall be conducted with the Complainant.
  • Within ten (10) Working Days after reviewing all written Complaints and the information received during the intake interview, the Discrimination/Harassment/Retaliation (DHR) Administrator or Title IX Coordinator will notify the Complainant that the Complaint has been accepted for investigation and the timeline for completion of the investigation. If the DHR Administrator or Title IX Coordinator determines the Complainant has failed to state a Complaint within the scope of this Executive Order, s/he will provide the Complainant with written notice of this determination within ten (10) Working Days. The DHR Administrator or Title IX Coordinator will also inform the Complainant that if additional information is provided, the Complaint will be reviewed again.
  • Within sixty (60) Working Days after the intake interview, the Investigator shall complete the investigation, write and submit an investigation report to the campus designated DHR Administrator or Title IX Coordinator. If this timeline is extended pursuant to Article V. E, it shall not be extended for a period longer than an additional thirty (30) Working Days from the original due date.
  • Within ten (10) Working Days of receiving the investigation report, the DHR Administrator or Title IX Coordinator shall review the investigation report and notify the Parties in writing of the investigation outcome. If the DHR Administrator or Title IX Coordinator performed the investigation, s/he shall notify the Parties in writing of the investigation outcome within ten (10) Working Days of completing the investigation report. The Notice shall indicate whether or not this Executive Order was violated and the Complainant’s and Respondent’s right to file an Appeal under this policy.
  • Within ten (10) Working Days after the date of the Notice of Investigation Outcome, the Student may file a written Appeal with the CO.
  • Within thirty (30) Working Days after receipt of the written Appeal, the CO designee shall respond to the appealing party, unless the timeline has been extended pursuant to Article IV. G. or Article V. E. A separate notification shall be provided to the non-appealing party, indicating whether or not the allegations were substantiated on Appeal by a Preponderance of the Evidence.
  • Closure. The CO Appeal Response is final and concludes the Complaint and Appeal process under this Executive Order.

Pursuant to EO 1097 Article V. E, the timelines noted above may be extended as follows:

The timeline for the procedures contained within this Executive Order may be extended for any reason deemed to be legitimate by the Campus investigator/CO Appeal reviewer or by mutual agreement of the Parties. The timelines stated within this Executive Order will be automatically adjusted for a reasonable time period that should not exceed an additional thirty (30) Working Days for a Campus investigation or an additional thirty (30) Working Days for a reopened Campus investigation under Article IV. The Complainant and Respondent shall receive written notification of any period of extension.

Timeline for Complaints Filed by Employees and Third Parties

Executive Order 1096 provides a systemwide procedure for handling allegations of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking by certain individuals (see Article III C. 1. Filing a Complaint.) Below is a summary of the Executive Order 1096 procedure timeline. For a full understanding and complete text, please consult Executive Order 1096.

Immediately following an act/action/incident that falls under Executive Order 1096 or as soon as possible thereafter, Complainants who believe they are or may have been victims of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence or Stalking, may initiate the Article III. Campus Procedure for Responding to Complaints to receive information about the procedures that exist for resolving such matters. All incidents should be reported even if a significant amount of time has passed. However, delaying a report or Complaint may impede the ability to conduct an investigation or take appropriate remedial actions.

For the purpose of this Executive Order, Working Days are defined as Monday through Friday, excluding all official holidays or Campus closures at the Campus where the Complaint originated or at the Chancellor’s Office (CO) where the Complaint Appeal is reviewed.

  • Within ten (10) Working Days after receipt of a Complaint, an intake interview shall be conducted with the Complainant.
  • Within ten (10) Working Days after reviewing all written Complaints and the information received during the intake interview, the Discrimination/Harassment/Retaliation (DHR) Administrator or Title IX Coordinator will notify the Complainant that the Complaint has been accepted for investigation and the timeline for completion of the investigation. If the DHR Administrator or Title IX Coordinator determines the Complainant has failed to state a Complaint within the scope of this Executive Order, s/he will provide the Complainant with written notice of this determination within ten (10) Working Days. The DHR Administrator or Title IX Coordinator will also inform the Complainant that if additional information is provided, the Complaint will be reviewed again.
  • Within sixty (60) Working Days after the intake interview, the Investigator shall complete the investigation, write and submit an investigation report to the campus designated DHR Administrator or Title IX Coordinator. If this timeline is extended pursuant to Article V. E, it shall not be extended for a period longer than an additional thirty (30) Working Days from the original due date.
  • Within ten (10) Working Days of receiving the investigation report, the DHR Administrator or Title IX Coordinator shall review the investigation report and notify the Parties in writing of the investigation outcome. If the DHR Administrator or Title IX Coordinator performed the investigation, s/he shall notify the Parties in writing of the investigation outcome within ten (10) Working Days of completing the investigation report. The Notice shall indicate whether or not this Executive Order was violated and the Complainant’s and Respondent’s right to file an Appeal under this policy.
  • Within ten (10)Working Days after the date of the Notice of Investigation Outcome, the Complainant may file a written appeal with the CO.
  • Within thirty (30) Working Days after receipt of the written Appeal, the CO designee shall respond to the appealing party, unless the timeline has been extended pursuant to Article IV. G or Article V. E. A separate notification shall be provided to the non-appealing party, indicating whether or not the allegations were substantiated on Appeal by a Preponderance of the Evidence.
  • Closure. The CO Appeal Response is final and concludes the Complaint and Appeal process under this Executive Order.

Pursuant to EO 1096, Article V. E, the timelines noted abovemay be extended as follows:

The timeline for the procedures contained within this Executive Order may be extended for any reason deemed to be legitimate by the Campus investigator/CO Appeal reviewer or by mutual agreement of the Parties. The timelines stated within this Executive Order will be automatically adjusted for a reasonable time period that should not exceed an additional thirty (30) Working Days for a Campus investigation or an additional thirty (30) Working Days for a reopened Campus investigation under Article IV. The Complainant and Respondent shall receive written notification of any period of extension.