Nondiscrimination Policy FAQ

Any person may report a concern to the Office of Civil Rights & Title IX phone, email, in person, or through the campus's online reporting form. A report initiates the university's review process; it does not require the reporting party to file a formal complaint.

Most university employees are required to speak up if they learn about something that may violate this policy. These employees are called Responsible Employees, and they must promptly share what they know with the Title IX Coordinator/DHR Administrator, including the names of everyone involved, even if the person who told them asked to stay anonymous. Responsible Employees include those in leadership, teaching, or advising roles, anyone with the authority to act on a student complaint, and student employees such as resident advisors, graduate teaching assistants, and athletic trainers, when they learn of an incident while doing their job. A few limited exceptions to this reporting duty are described below.

Yes. Some employees generally do not have to report to the Title IX Coordinator or DHR Administrator, as long as they're acting solely in these roles: physicians, psychotherapists, licensed counselors, and licensed clinical social workers providing medical or mental health treatment; sexual assault and domestic violence counselors and advocates; and CSU union representatives meeting confidentially with a member seeking representation. Even though they don't have to report, these individuals must still explain a person's rights and options and connect them with campus resources. A few narrow legal exceptions can still require them to disclose information — for example, to report suspected child abuse, certain injuries from firearms or violence, threats of imminent harm, or when a court order requires it. If you're unsure whether an exception applies to your situation, you can ask the resource directly.

The report is reviewed by the Office of Civil Rights & Title IX, who then reaches out to the reporting party to offer supportive measures and explain available options, which may include an informal resolution, a formal complaint, or no further action if the reporting party does not wish to proceed. The university may still act on a report without the reporting party's participation when necessary to protect the campus community.

Supportive measures are free services offered to either person involved in a complaint — the Complainant or the Respondent — whether or not a formal complaint is ever filed. They're not punishments; they're meant to help a person keep equal access to their classes, activities, or job while the situation is addressed, without placing an unfair burden on the other person. Examples include no-contact directives, extra time on deadlines, schedule or housing changes, campus escorts, and added security in certain areas. The Title IX Coordinator/DHR Administrator arranges these measures and keeps them as confidential as possible.

A report notifies the university of a concern and may come from any person. A formal complaint is an oral or written request to the Title IX Coordinator or DHR Administrator that can objectively be understood as a request for an investigation and determination regarding an alleged policy violation. A formal complaint triggers the university's formal resolution procedures under the Nondiscrimination Policy.

The Nondiscrimination Policy provides two resolution paths:

1. A formal resolution process generally includes an investigation, hearing, and appeal. Under certain circumstances, the formal resolution process may not involve a hearing. Whether or not the formal resolution process involves a hearing depends on two factors: the nature of the allegations and the Respondent’s connection to the university.
   1. If the Respondent is found responsible for violating university policy following a formal resolution process, the Respondent will face disciplinary sanction(s). The university will consider a wide-range of factors in determining an appropriate sanction for the Respondent, including input from the Complainant. The university can also provide a Complainant with remedies, if appropriate, following a determination of responsibility.    
2. An informal resolution process may only be initiated with the consent of the Complainant, Respondent, and the university. An informal resolution is a remedies-based resolution process that does not involve an investigation, hearing, or appeal. It is an alternative to the formal resolution process and may take a variety of customizable forms that can include, but is not limited to, restorative justice, facilitated conversation(s), or shuttled communications.
   1. The university handles the informal resolution process just as carefully as the formal resolution process; every informal resolution is overseen by a trained and impartial facilitator, and trained support advisors are available to assist both the Complainant and Respondent throughout the process.
   2. The outcome of an informal resolution focuses on the harm caused to the Complainant and may include agreement by the Respondent to participate in appropriate and reasonable remedies. These remedies could be similar to measures imposed as disciplinary sanctions, but they are always determined through mutual agreement.

Yes. A Complainant and a Respondent may each choose an Advisor to provide support and guidance throughout the process and to accompany them to any meeting or interview regarding the allegations. An Advisor may include but is not limited to a union representative, an attorney, or, for a Complainant, a Sexual Assault Victim's Advocate. An Advisor may observe and consult with the party but may not answer questions on the party's behalf. A party may also have a Support Person who provides emotional support and may accompany the party to a hearing under the Student Respondent Procedures.

The university evaluates formal complaints under the preponderance-of-the-evidence standard, meaning the evidence presented by one party is more convincing, or carries greater weight, than the evidence presented by the other party.

Timeframes vary by track and case complexity, but the Nondiscrimination Policy directs the university to resolve complaints promptly and equitably. The policy measures most deadlines in Working Days, defined as Monday through Friday, excluding official holidays and campus closures where the complaint originated, or at the Chancellor's Office where an appeal is reviewed. The Title IX Coordinator or DHR Administrator can provide a case-specific timeline and will communicate any extension to the parties.

Yes. A respondent receives written notice of the allegations, an opportunity to review the evidence gathered during an investigation, and an opportunity to respond before a decision-maker reaches a determination.

Yes. Both the Complainant and the Respondent may appeal a determination or a dismissal of a complaint on the grounds set forth in the applicable track's procedures, which generally include a procedural irregularity, newly available evidence, or a conflict of interest on the part of a Title IX Coordinator, investigator, or decision-maker.

No. The procedures established under the Nondiscrimination Policy are administrative in nature and remain separate and distinct from the criminal and civil legal systems. A person may pursue a report under the Nondiscrimination Policy, a criminal complaint with law enforcement, or both, and one process does not depend on the outcome of the other.

Yes. The Nondiscrimination Policy prohibits intimidation, coercion, or discrimination against any person for reporting a concern, filing a complaint, participating in an investigation or hearing, opposing conduct reasonably and in good faith believed to violate the policy, or assisting someone else in doing any of the above. Retaliation is prohibited regardless of whether the underlying complaint was substantiated, and it can occur even without a power differential between the individuals involved. The exercise of First Amendment rights does not constitute Retaliation, and good-faith actions such as gathering evidence, providing supportive measures, or disciplining a student or employee found responsible are not, by themselves, considered Retaliation. A person who believes they have experienced retaliation should contact the Title IX Coordinator or DHR Administrator directly.

The university protects the privacy of all parties to the greatest extent possible and shares information only with those who need it to carry out the review, investigation, or resolution of the complaint, or as law requires. Complete confidentiality cannot always be guaranteed once a formal complaint moves forward, because the process requires notice to the Respondent and gathering of relevant evidence.