THE CALIFORNIA STATE UNIVERSITY
OFFICE OF THE CHANCELLOR
BAKERSFIELD
CHANNEL ISLANDS
CHICO
DOMINGUEZ HILLS
EAST BAY
FRESNO
FULLERTON
HUMBOLDT
LONG BEACH
LOS ANGELES
MARITIME ACADEMY
MONTEREY BAY
NORTHRIDGE
POMONA
SACRAMENTO
SAN BERNARDINO
SAN DIEGO
SAN FRANCISCO
SAN JOSÉ
SAN LUIS OBISPO
SAN MARCOS
SONOMA
STANISLAUS
401
GOLDEN SHORE LONG BEACH, CALIFORNIA 90802-4210 (562) 951-4700 • Fax (562) 951-4986
March 29, 2019
M E M O R A N D U M
TO: CSU Presidents
FROM: Timothy P. White
Chancellor
SUBJECT: Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation,
Sexual Misconduct, Dating and Domestic Violence, and Stalking against
Employees and Third Parties and Systemwide Procedure for Addressing
Such Complaints by Employees and Third Parties
Executive Order 1096 (Revised March 29, 2019)
Attached is a copy of Executive Order 1096 (Revised March 29, 2019), which supersedes
Executive Order 1096 (Revised October 5, 2016). This policy and procedure applies
systemwide, in conjunction with Executive Order 1095 (Revised June 2, 2015) and 1098
(Revised March 29, 2019) and any superseding executive orders.
This executive order has been revised in response to a recent California court of appeal
decision and includes an addendum that applies to cases where a student has been accused
of sexual misconduct as defined by CSU policy.
1
The addendum supersedes Article
III.C.7-9 and Article IV of this executive order with respect to cases (i) alleging
sexual misconduct by a student that, (ii) if substantiated, could result in a severe
sanction (suspension or expulsion), and (iii) where credibility of any party or witness
is central to the finding.
1
See John Doe v. Kegan Allee, Ph.D., et al., California Court of Appeal (January 2019):
http://www.courts.ca.gov/opinions/documents/B283406.PDF.
Executive Order 1096
Revised March 29, 2019
Page 2 of 2
Complaints of student misconduct are governed by the following CSU policies.
Alleged Misconduct Applicable Policy
Sexual misconduct by student that could
result in severe sanction (suspension or
expulsion), where credibility is central to
finding
Executive Order 1097 (Revised March 29,
2019) (except Article III.B.7-9 and Article
IV) and Addendum -- Investigation and
Hearing Process for Students Accused of
Sexual Misconduct
Discrimination, harassment or retaliation
based on protected status (including sexual
misconduct by student that, if substantiated,
would not result in suspension or expulsion)
Executive Order 1097 (Revised March 29,
2019) and Executive Order 1098 (Revised
March 29, 2019) (Article IV) re sanctions
process
All other student misconduct prohibited by
CSU Standards for Student Conduct (5
California Code of Regulations, Section
41301)
Executive Order 1098 (Revised March 29,
2019)
Complaints that are in process as of the effective date of this executive order will be processed in
accordance with the procedures outlined herein, however utilizing the policy and definitions set
forth in the executive order in place at the time of the alleged misconduct. A Complaint is “in
process” if the time to appeal to the Chancellor’s Office under Executive Orders 1096 or 1098
has not expired.
In accordance with policy of the California State University, the campus president has the
responsibility for implementing executive orders where applicable and for maintaining the
campus repository and index for all executive orders.
If you have questions regarding this executive order, please call systemwide Equal Opportunity
and Compliance at (562) 951-4400.
TPW/kn
Attachments
c: CSU Office of the Chancellor Leadership
Provosts and Vice Presidents, Academic Affairs
Vice Presidents, Administration and Finance
Vice Presidents, Student Affairs
Human Resources Officers
Chief Diversity Officers
DHR Administrators
Title IX Coordinators
Student Conduct Administrators
Executive Order 1096
Revised March 29, 2019
Page 1 of 46
THE CALIFORNIA STATE UNIVERSITY
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802-4210
(562) 951-4400
Executive Order: 1096 (Revised March 29, 2019)
Effective Date: March 29, 2019
Supersedes: Executive Order 1096 (Revised October 5, 2016)
Title: Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation,
Sexual Misconduct, Dating and Domestic Violence, and Stalking against
Employees and Third Parties and Systemwide Procedure for Addressing
Such Complaints by Employees and Third Parties
[NOTE: ARTICLE III.C.7-9 AND ARTICLE IV OF THIS EXECUTIVE ORDER DO NOT APPLY IN CASES
(I) ALLEGING SEXUAL MISCONDUCT BY A STUDENT THAT, (II) IF SUBSTANTIATED, COULD RESULT IN
A SEVERE SANCTION
(SUSPENSION OR EXPULSION), AND (III) WHERE CREDIBILITY OF ANY PARTY
OR WITNESS IS CENTRAL TO THE FINDING
. SEE ADDENDUM -- INVESTIGATION AND HEARING
PROCESS FOR STUDENTS ACCUSED OF SEXUAL MISCONDUCT.]
Article I. Policy Statement
The California State University (CSU) is committed to maintaining an inclusive community that
values diversity and fosters tolerance and mutual respect. We embrace and encourage our
community differences in Age, Disability (physical and mental), Gender (or sex), Gender
Identity (including transgender), Gender Expression, Genetic Information, Marital Status,
Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion (or
Religious Creed), Sexual Orientation, and Veteran or Military Status, and other characteristics
that make our community unique.
2
All individuals have the right to participate fully in CSU
programs and activities free from Discrimination, Harassment, and Retaliation. The CSU
prohibits Harassment of any kind, including Sexual Harassment, as well as Sexual Misconduct,
Dating and Domestic Violence, and Stalking. Such misconduct violates University policy and
may also violate state or federal law.
All sexual activity between members of the CSU community must be based on Affirmative
Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the
specific sexual activity is Sexual Misconduct and constitutes a violation of this policy, whether
or not the sexual activity violates any civil or criminal law.
2
Key capitalized terms are defined at Article VI of this Executive Order. Please see that Article for the full
definitions. Terms contained within this policy and procedure are intended to be gender neutral.
Executive Order 1096
Revised March 29, 2019
Page 2 of 46
This policy is established in compliance with the California Equity in Higher Education Act,
Title IX of the Education Amendments of 1972, the Violence Against Women Reauthorization
Act of 2013 (which amends the Jeanne Clery Disclosure of Campus Security and Campus
Crimes Statistics Act, commonly known as the Clery Act) (VAWA) under its Campus Sexual
Violence Elimination Act provision (Campus SaVE Act), Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities
Act of 1990, and the Age Discrimination Act of 1975, among other applicable state and federal
laws.
A. Prohibited Conduct. The CSU prohibits:
1. Discrimination, including Harassment, because of any Protected Status: i.e., Age,
Disability (physical or mental), Gender (or sex), Gender Identity (including
transgender), Gender Expression, Genetic Information, Marital Status, Medical
Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion (or
Religious Creed), Sexual Orientation, sex stereotype, and Veteran or Military Status;
2. Retaliation for exercising rights under this policy, opposing Discrimination or
Harassment because of a Protected Status, or for participating in any manner in any
related investigation or proceeding;
3. Dating and Domestic Violence, and Stalking;
4. Sexual Misconduct of any kind, which includes sexual activity engaged in without
Affirmative Consent; and,
5. Employees from entering into a consensual relationship with any Student or
Employee over whom they exercise direct or otherwise significant academic,
administrative, supervisory, evaluative, counseling, or extracurricular authority. See
Article I. F.
The University shall respond promptly and effectively to all complaints of
Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic
Violence, and Stalking, and shall take appropriate action to prevent, correct, and
discipline conduct that violates this policy. This Executive Order is intended to protect
the rights and privacy of both the Complainant and the Respondent, as well as other
involved individuals.
Employees and Students who are found to have violated this policy shall be subject to
discipline commensurate with the violation. If Employee discipline is warranted, it shall
be administered in a manner consistent with applicable collective bargaining agreements,
CSU policies, and legal requirements. Student discipline shall be administered in
accordance with 5 Cal. Code Regs. § 41301 and Executive Order 1098, or any
superseding executive order, if applicable.
Executive Order 1096
Revised March 29, 2019
Page 3 of 46
B. Discrimination. The CSU strives to be free of all forms of Discrimination, including
Harassment, because of a Protected Status. It is CSU policy that no person shall be
excluded from participation in, or be denied the benefits of, any CSU program or activity
because of any Protected Status.
C. Retaliation. Retaliation against a person for exercising any rights under this policy or for
opposing Discrimination or Harassment because of a Protected Status, Sexual
Misconduct, Dating or Domestic Violence, or Stalking, or for participating in any manner
in any policy-related investigation or proceeding is prohibited.
No victim or witness in related investigations or proceedings will be subject to
disciplinary sanctions by the University for related violations of conduct policies
occurring at or near the time of the incident unless the University determines the violation
was egregious, including but not limited to plagiarism, cheating, academic dishonesty or
conduct that places the health and safety of any other person at risk.
D. Dating and Domestic Violence, and Stalking. The CSU prohibits Dating and Domestic
Violence, and Stalking. Dating and Domestic Violence, and Stalking are often based on
Gender. CSU prohibits all such misconduct whether or not it is based on Gender.
E. Sexual Misconduct. All sexual activity between members of the CSU community must
be based on Affirmative Consent. Engaging in any sexual activity without first obtaining
Affirmative Consent to the specific activity constitutes Sexual Misconduct and is a
violation of this policy, whether or not the conduct violates any civil or criminal law.
Sexual Misconduct is a form of Sexual Harassment and may create a sexually hostile
environment that affects access to or participation in CSU programs and activities. CSU
prohibits all such conduct whether or not it also amounts to Sexual Harassment.
Sexual activity includes but is not limited to kissing, touching intimate body parts,
fondling, intercourse, penetration of any body part, and oral sex.
Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual
agreement to engage in sexual activity. It is the responsibility of each person involved in
the sexual activity to ensure Affirmative Consent has been obtained from the other
participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean
Affirmative Consent, nor does silence mean Affirmative Consent. Affirmative Consent
must be voluntary, and given without coercion, force, threats or intimidation.
The existence of a dating or social relationship between those involved, or the fact of past
sexual activities between them, should never by itself be assumed to be an indicator of
Affirmative Consent. A request for someone to use a condom or birth control does not, in
and of itself, constitute Affirmative Consent.
Executive Order 1096
Revised March 29, 2019
Page 4 of 46
Affirmative Consent can be withdrawn or revoked. Consent to one form of sexual activity
(or one sexual act) does not constitute consent to other forms of sexual activity. Consent
given to sexual activity on one occasion does not constitute consent on another occasion.
There must always be mutual and affirmative consent to engage in sexual activity.
Consent must be ongoing throughout a sexual activity and can be revoked at any time,
including after penetration. Once consent is withdrawn or revoked, the sexual activity
must stop immediately.
Affirmative Consent cannot be given by a person who is incapacitated. A person is
unable to consent when asleep, unconscious or incapacitated due to the influence of
drugs, alcohol or medication so that the person could not understand the fact, nature or
extent of the sexual activity. A person is incapacitated if the person lacks the physical
and/or mental ability to make informed, rational decisions.
Whether an intoxicated person (as a result of using alcohol or other drugs) is
incapacitated depends on the extent to which the alcohol or other drugs impact the
person’s decision-making ability, awareness of consequences, and ability to make
informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol
does not diminish that person’s responsibility to obtain Affirmative Consent before
engaging in sexual activity.
A person with a medical or mental disability may also lack the capacity to give consent.
Sexual activity with a minor (a person under 18 years old) is not consensual, because a
minor is considered incapable of giving consent due to age.
It shall not be a valid excuse that a person affirmatively consented to the sexual activity if
the Respondent knew or reasonably should have known that the person was unable to
consent to the sexual activity under any of the following circumstances:
The person was asleep or unconscious;
The person was incapacitated due to the influence of drugs, alcohol or medication, so
that the person could not understand the fact, nature or extent of the sexual activity;
The person was unable to communicate due to a mental or physical condition.
It shall not be a valid excuse that the Respondent believed that the person consented to
the sexual activity under either of the following circumstances:
The Respondent’s belief in Affirmative Consent arose from the intoxication or
recklessness of the Respondent;
The Respondent did not take reasonable steps, in the circumstances known to the
Respondent at the time, to ascertain whether the person affirmatively consented.
Executive Order 1096
Revised March 29, 2019
Page 5 of 46
F. Consensual Relationships. Consensual relationship means a sexual or romantic
relationship between two persons who voluntarily enter into such a relationship. While
sexual and/or romantic relationships between members of the University community may
begin as consensual, they may evolve into situations that lead to Discrimination,
Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking
subject to this policy.
A CSU Employee shall not enter into a consensual relationship with a Student or
Employee over whom that employee exercises or influences direct or otherwise
significant academic, administrative, supervisory, evaluative, counseling, or
extracurricular authority. In the event such a relationship already exists, each Campus
shall develop a procedure to reassign such authority to avoid violations of this policy.
This prohibition does not limit the right of an Employee to make a recommendation on
personnel matters concerning a family or household member where the right to make
recommendations on such personnel matters is explicitly provided for in the applicable
collective bargaining agreement or MPP/confidential personnel plan.
G. Reasonable Accommodations. The CSU will provide reasonable accommodations to
qualified individuals with a Disability. Reasonable accommodations will be determined
by the Campus following an interactive process with those involved to identify the nature
and extent of the restrictions and the appropriate accommodation.
H. Duty to Report. Except as provided below, any Employee who knows or has reason to
know of allegations or acts that violate this policy shall promptly inform the DHR
Administrator or Title IX Coordinator. These Employees are required to disclose all
information, including the names of the Parties, even where the person has requested
anonymity. The DHR Administrator or Title IX Coordinator will determine whether
such confidentiality is appropriate given the circumstances of each such incident.
Employees Who Do Not Have A Duty to Report:
1. The following Employees are not required to report any information about an
incident of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or
Domestic Violence, or Stalking to the DHR Administrator or Title IX Coordinator:
a. Physicians; psychotherapists; professional licensed counselors; licensed
clinical social workers, and clergy who work on or off Campus, acting solely
in those roles or capacities as part of their employment, in the provision of
medical or mental health treatment or counseling (and those who act under
their supervision, including all individuals who work or volunteer in these
centers and offices); and
b. Sexual assault and domestic violence counselors and advocates who work or
volunteer on or off Campus in sexual assault centers, victim advocacy offices,
Executive Order 1096
Revised March 29, 2019
Page 6 of 46
women’s centers, gender equity centers, and health centers and who are acting
solely in that role (including those who act in that role under their
supervision, along with non-professional counselors or advocates who work
or volunteer in sexual assault centers, victim advocacy offices, women’s
centers or health centers).
c. A CSU employee/union representative is not required to report a possible
violation of this Executive Order if the information is provided to the union
representative, acting in that role, in a confidential setting by a union member
seeking advice about a possible violation or representation in a matter within
the scope of representation. However, CSU employee/union representatives
are strongly encouraged to report the information to the DHR Administrator
or Title IX Coordinator.
2. University police are not required to report any personally-identifiable information
about a victim of certain sex offenses,
3
if the victim requests confidentiality of
identity, but must report all known facts of the incident, including the identity of the
perpetrator (if known), to the Title IX Coordinator.
EXCEPTIONS: Under California law, any health practitioner employed in a health
facility, clinic, physician’s office, or local or state public health department or clinic is
required to make a report to local law enforcement if medical services are provided for a
physical condition to a patient/victim who the practitioner knows or reasonably suspects
is suffering from: (1) a wound or physical injury inflicted by a firearm; or, (2) any wound
or other physical injury inflicted upon a victim where the injury is the result of assaultive
or abusive conduct.
4
This exception does not apply to sexual assault and domestic
violence counselors and advocates. Health care practitioners should explain this limited
exception to victims, if applicable.
Additionally, under California law, all physicians, psychotherapists, professional
counselors, clergy, and sexual assault and domestic violence counselors and advocates
are mandatory child abuse and neglect reporters, and are required to report incidents
involving victims under 18 years of age to local law enforcement.
5
These professionals
will explain this limited exception to victims, if applicable.
3
See Cal. Penal Code § 293; Cal. Gov. Code § 6254(f)(2). “The name of a victim of any crime defined by Section
220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of
Proposition 83 of the November 7, 2006, statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9,
or 647.6 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or
guardian if the victim is a minor.”
4
Assaultive or abusive conduct is defined to include a list of 24 criminal offenses, including Sexual Battery, incest,
Rape, spousal Rape, abuse of a spouse or cohabitant, and any attempt to commit these crimes. See Cal. Penal Code §
11160.
5
See Cal. Penal Code §§ 11164-11174.3; see also CSU Executive Order 1083 or any superseding executive order.
Executive Order 1096
Revised March 29, 2019
Page 7 of 46
Finally, some or all of these professionals may also have reporting obligations under
California law to: (1) local law enforcement in cases involving threats of immediate or
imminent harm to self or others where disclosure of the information is necessary to
prevent the threatened danger;
6
or, (2) to the court if compelled by court order or
subpoena in a criminal proceeding related to the Sexual Misconduct, Dating or Domestic
Violence, or Stalking incident.
7
If applicable, these professionals will explain this limited
exception to victims.
Article II. Policy Implementation, Training and Communication
Each Campus president shall designate a DHR Administrator and Title IX Coordinator who shall
be responsible for the implementation of and compliance with this policy. The DHR
Administrator is responsible for the implementation of and compliance with this policy with
respect to all Discrimination, Harassment and Retaliation matters except those involving Sex
Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and
Stalking. The DHR Administrator is responsible for publicizing this Executive Order, developing
Campus training policies consistent with this Executive Order, conducting training, and
establishing an administrative structure consistent with this Executive Order that facilitates the
prevention and elimination of Discrimination, Harassment, and Retaliation. The Title IX
Coordinator is responsible for the implementation of, and compliance with this policy with
respect to Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic
Violence, and Stalking. The Title IX Coordinator is responsible for publicizing this Executive
Order, developing Campus training policies consistent with this Executive Order, conducting
training, and establishing an administrative structure consistent with this Executive Order that
facilitates the prevention and elimination of Sex Discrimination, Sexual Harassment, Sexual
Misconduct, Dating and Domestic Violence, and Stalking. Each Campus shall make the contact
information for the DHR Administrator and Title IX Coordinator available to all members of the
Campus community as well as Third Parties. The contact information shall be updated as
necessary.
To prevent Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic
Violence, and Stalking, and to encourage reporting of such conduct, training shall be provided by
each Campus to all Employees, including Faculty unit employees and student assistants. Such
training shall be mandatory for all employees within twelve months of the effective date of this
Executive Order, and on an annual basis thereafter. New employees shall receive training within
six months of their initial hiring. Such training shall explain, but not be limited to: what
constitutes Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic
Violence, and Stalking under applicable law; the rights and responsibilities of each Employee
relating to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic
Violence, 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, and Stalking; the procedure provided in this
6
See Cal. Evid. Code § 1024.
7
See Cal. Evid. Code § 1035.4.
Executive Order 1096
Revised March 29, 2019
Page 8 of 46
Executive Order 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.
The requirements for training to promote awareness of CSU policies against Sex Discrimination,
Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking are set
forth in Executive Order 1095.
This Executive Order shall be made readily available and distributed on an annual basis to all
Students and Employees, utilizing multiple media for communication, including email, Student
orientations and catalogs, new Employee orientations, Campus websites and publications, and
the webpages for the offices of Equity and Diversity, Student Affairs, Student Judicial Affairs,
Disabled Student Services, Auxiliary Service Organizations, Academic Affairs, Extended
Education, Athletics, Residential Life, and Human Resources.
Each Campus shall also distribute a copy of the Department of Fair Employment and Housing
information sheet on sexual harassment (Form DFEH-185, or any superseding document) to all
Employees utilizing multiple media for communication, including email and webpages.
In addition, each Campus shall post the DFEH poster on employment discrimination (Form
DFEH-162, or any superseding document) in prominent and accessible locations on Campus
where other employment notices regarding rules, regulations and procedures are posted.
Article III. Campus Procedure for Responding to Complaints
[NOTE: ARTICLE III.C.7-9 OF THIS EXECUTIVE ORDER DOES NOT APPLY IN CASES (I) ALLEGING
SEXUAL MISCONDUCT BY A STUDENT THAT
, (II) IF SUBSTANTIATED, COULD RESULT IN A SEVERE
SANCTION
(SUSPENSION OR EXPULSION), AND (III) WHERE CREDIBILITY OF ANY PARTY OR WITNESS
IS CENTRAL TO THE FINDING
. SEE ADDENDUM -- INVESTIGATION AND HEARING PROCESS FOR
STUDENTS ACCUSED OF SEXUAL MISCONDUCT.]
This procedure provides individuals a process to address alleged violations of this policy by the
CSU, a CSU Employee, a Student, or a Third Party. Whenever a Campus determines that the
allegation(s) are outside the scope of this policy, the Campus shall promptly notify the individual
in writing. All Complaints and related investigations against Respondents who are sworn
University public safety officers shall be governed by this policy, the applicable collective
bargaining agreement, and by the Public Safety Officers Procedural Bill of Rights Act
Executive Order 1096
Revised March 29, 2019
Page 9 of 46
(POBR).
8
The campus DHR Administrator or Title IX Coordinator shall work with the campus
Chief of Police, or designee, to investigate Complaints against sworn public safety officers.
Consultation with the Office of General Counsel is recommended.
A. Who May Use This Procedure: The individuals listed below may use the procedure in
this Executive Order to address Discrimination, Harassment, Retaliation, Sexual
Misconduct, Dating or Domestic Violence, or Stalking.
1. Employees. Non-represented Employees and Employees in bargaining units whose
collective bargaining agreements have incorporated this Executive Order may use the
procedure described in this Executive Order to address Discrimination, Harassment,
Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking by the
CSU, another Employee, a Student, or a Third Party.
2. Employees who are covered by a grievance procedure in a collective bargaining
agreement. Employees who are covered by a collective bargaining agreement that
provides a grievance procedure for raising allegations of Discrimination, Harassment,
Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking shall use
the grievance procedure specified in their collective bargaining agreement.
3. Applicants for employment. Applicants for employment may use the procedure
outlined in this Executive Order to address Discrimination, Harassment, Retaliation,
Sexual Misconduct, Dating or Domestic Violence, or Stalking that occurred during
their application process.
4. Student employees. At times, a person may be employed by the CSU and also be a
Student. If an allegation of Discrimination, Harassment, Retaliation, Sexual
Misconduct, Dating or Domestic Violence, or Stalking arose out of the person’s status
as a Student and not their status as an Employee, the allegations shall be handled
under Executive Order 1097 (Systemwide Policy Prohibiting Discrimination,
Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and
Stalking against Students and Systemwide Procedure for Addressing Such
Complaints by Students) or a superseding executive order. An allegation arising out
of the person’s University work environment (while they are acting as an Employee)
shall be handled under this Executive Order.
5. Third Parties. Allegations of Discrimination, Harassment, Retaliation, Sexual
Misconduct, Dating or Domestic Violence, or Stalking by Third Parties against the
CSU, an Employee, or a Student shall be investigated and resolved in accordance
with the procedure outlined in this Executive Order.
The University will respond to all Complaints and will take appropriate action to prevent,
correct, and discipline conduct that violates this policy. To report alleged violations, an
8
See Cal. Govt. Code §§ 3300-13.
Executive Order 1096
Revised March 29, 2019
Page 10 of 46
individual may submit a formal written Complaint to the DHR Administrator
(Discrimination, Harassment, and Retaliation) or Title IX Coordinator (Sex
Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence,
and Stalking). The date of receipt shall be deemed to be the Complaint filing date. The
DHR Administrator/Title IX Coordinator shall offer reasonable accommodations to
individuals who are unable to submit a Complaint because of a qualified Disability.
Complaints should be brought forward as soon as possible after the conduct occurs.
While there is no stated timeframe for making a Complaint, prompt reporting will better
enable the Campus to respond to the Complaint, determine the relevant issues, and
provide an appropriate Remedy and/or action. All incidents should be reported even if a
significant amount of time has passed. However, delaying a report or Complaint may
impede the University’s ability to conduct an investigation or take appropriate remedial
actions.
The Campus will respond to all reports of alleged violations of this policy, whether or not
the report is submitted as a written Complaint. However, the response may be limited if
information contained in the report is insufficient to verify violation(s) of this Executive
Order.
B. Campus Early Resolution Process. Complainants who believe they have experienced
Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic
Violence, or Stalking under this policy may initiate the Early Resolution process prior to,
or instead of, filing a Complaint. The purpose of the Early Resolution process is to
explore whether the Complainant’s concern(s) can be resolved by the Campus without an
investigation.
This Executive Order neither prevents nor requires the use of the Early Resolution
process. Under no circumstance shall a Complainant be required to use the Early
Resolution process to address prohibited behaviors. It is not appropriate for a
Complainant to be required to “work out the problem” directly or mediate with the
Respondent. Mediation cannot be used, even on a voluntary basis, to resolve Sexual
Misconduct, Dating or Domestic Violence, or Stalking Complaints. In other matters,
where voluntary mediation is requested, no meeting between the Complainant and the
Respondent should occur without involvement by appropriate Campus administrators,
including the DHR Administrator or Title IX Coordinator.
Where the allegations involve Sexual Misconduct, Dating or Domestic Violence, or
Stalking, the Complainant shall be advised to immediately file a Complaint under Article
III, C.
1. To initiate the Early Resolution Process. The Complainant should contact the
Campus DHR Administrator (Discrimination, Harassment, or Retaliation) or Title IX
Coordinator (Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating or
Executive Order 1096
Revised March 29, 2019
Page 11 of 46
Domestic Violence, or Stalking) who shall promptly meet with the Complainant to
discuss his or her concern(s) and possible resolutions as appropriate.
Complainants shall be informed about the range of possible outcomes, including
Interim Remedies or disciplinary actions that might be taken against the Respondent,
and information about the procedures leading to such outcomes.
2. Participation in the Early Resolution Process. Participation is voluntary. It may
include an inquiry into the facts, but does not include an investigation. Means for
resolution shall be flexible. Resolution options include but are not limited to
discussions with the Parties, a resolution facilitated by the DHR Administrator or
Title IX Coordinator, separating the Parties, referring one or both of the Parties to
counseling programs, an agreement between Campus and the Respondent regarding
disciplinary action, conducting targeted preventive educational and training programs
or providing Remedies to persons harmed by violations of this policy.
The Campus shall attempt to resolve the Complainant’s concern(s) quickly and
effectively. The DHR Administrator or Title IX Coordinator shall meet with the
Complainant, the Respondent, and any other persons or witnesses they may determine
to be necessary.
3. Final Early Resolution. If resolution is reached, a written record of the resolution
shall be documented and maintained in accordance with applicable Campus
recordkeeping policies. The matter shall be considered closed.
Where the Respondent is a Student, the DHR Administrator/Title IX Coordinator
shall inform the Student Conduct Administrator of the outcome of the Early
Resolution process, including any Interim Remedies afforded to the Complainant.
Where the Respondent is an Employee, Human Resources or Academic Affairs shall
be informed as appropriate.
If resolution is not reached, the Campus shall promptly notify the Complainant and,
where applicable, the Respondent in writing that the Early Resolution process is
terminated, and the termination effective date. The DHR Administrator/Title IX
Coordinator shall also determine whether the matter is appropriate for investigation,
and so notify the parties in writing. The Complainant shall be provided written
notification of the right to file a Complaint pursuant to Article III, C.
4. Confidentiality. Other than consulting with their respective Advisors, both the
Complainant and the Respondent shall keep the details of the Early Resolution
process confidential until the process is concluded. If the matter is not resolved and
an investigation is conducted, the Complainant and the Respondent shall maintain
confidentiality until the conclusion of the Campus investigation and CO Appeal
Review process, if any.
Executive Order 1096
Revised March 29, 2019
Page 12 of 46
5. Termination of Early Resolution Process. The Complainant shall be notified that
the Complainant or the Campus may at any time elect to terminate the Early
Resolution process. In that event, the DHR Administrator/Title IX Coordinator shall
promptly notify the Complainant and the Respondent in writing that the Early
Resolution process has terminated, the effective date thereof, and inform the
Complainant of the right to file a Complaint pursuant to Article III, C. The DHR
Administrator/Title IX Coordinator shall also determine whether the matter is
appropriate for investigation, and so notify the parties in writing.
C. Campus Investigation Process. Campuses will investigate Complaints of
Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic
Violence, or Stalking unless an Early Resolution is reached, whether or not a written
Complaint is submitted. The DHR Administrator/Title IX Coordinator 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 is insufficient.
These determinations will be documented in writing by the DHR Administrator/Title IX
Coordinator, and maintained in accordance with systemwide records retention policies.
In cases where the Complainant does not want to pursue an investigation, the DHR
Administrator/Title IX Coordinator should inform the Complainant that the ability to take
corrective action may be limited. The Campus may determine that circumstances warrant
initiating an investigation even if a Complaint has not been filed and independent of the
intent or wishes of the Complainant. In cases involving Sexual Misconduct, Dating or
Domestic Violence, or Stalking, when determining whether to go forward with an
investigation, the Title IX Coordinator should consider the seriousness of the
allegation(s), the age of the Complainant, whether there have been other Complaints
against the Respondent, and the risk to the Campus community if the Respondent’s
alleged conduct remains unaddressed. These determinations will be documented in
writing by the DHR Administrator/Title IX Coordinator, and maintained in accordance
with systemwide records retention policies.
1. Filing a Complaint. Any Employee or Third Party may file a Complaint reporting
Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic
Violence, or Stalking under this policy subject to the following exceptions:
a. Complaints of Student employees that arise out of their status as a Student.
Such Complaints shall be governed by Executive Order 1097 or any
superseding executive order.
b. Complaints against a president shall be filed with the Chancellor’s Office
(CO). However, Complaints against a president shall be processed by the
Campus if the president’s role in the alleged incident was limited to a decision
on a recommendation made by another administrator, and the president had no
other substantial involvement in the matter.
Executive Order 1096
Revised March 29, 2019
Page 13 of 46
c. For Complaints against CO employees, the responsibilities identified in this
Executive Order as those of the president are the responsibilities of the
chancellor. Complaints that involve allegations against the chancellor or a
member of the Board of Trustees shall be referred to the chair or vice chair of
the Board and the CO Title IX Coordinator for processing and investigation.
2. Complaint Requirements. The Complainant may submit a written Complaint to the
DHR Administrator or Title IX Coordinator. The date the Complaint is received in
the appropriate office shall be deemed to be the Complaint filing date. The DHR
Administrator/Title IX Coordinator shall offer reasonable accommodations to
Complainants who are unable to submit a written Complaint because of a qualified
Disability.
The Complainant may complete the attached “CSU Complaint Form” or, in the
alternative, submit a written signed statement containing the following information:
a. The Complainant’s full name, address (including email address) and telephone
number(s);
b. The name of the Respondent and job title, position or Student status, if
known;
c. The Protected Status that is the basis for any alleged Discrimination,
Harassment, or Retaliation, the Respondent’s activity that is the basis for the
alleged Retaliation, or whether Dating or Domestic Violence, or Stalking is
alleged;
d. A clear, concise statement of the facts that constitute the allegations including
pertinent date(s) and sufficient information to identify any individuals who
may provide relevant information during the course of any investigation;
e. A statement verifying that the information provided is true and accurate to the
best of the Complainant’s knowledge;
f. The day, month and year of the Complainant’s most recent employment or the
day, month and year in which the Complainant applied for employment with
the University;
g. The full name, address and telephone number of the Complainant’s Advisor,
if any;
h. The specific harm resulting from the allegations;
i. The specific remedy sought;
Executive Order 1096
Revised March 29, 2019
Page 14 of 46
j. The Complainant’s signature; and,
k. The date on which the Complaint is submitted.
3. Intake interview. The DHR Administrator or Title IX Coordinator shall meet with
the Complainant as soon as possible, but no later than 10 Working Days after the
Complaint was received. The Complainant shall be available for and attend this
meeting.
a. The meeting shall serve as the initial intake interview with the Complainant
and will:
(i) Explain the investigation procedure and timelines and answer any
questions about them;
(ii) Inform the Complainant of rights and options under this Executive
Order, including the right to have an Advisor throughout the process;
(iii) Provide the opportunity for the Complainant to complete and sign a
Complaint form, if not already done; and,
(iv) Discuss reasonable Interim Remedies, as appropriate.
b. In cases alleging Sexual Misconduct, Dating or Domestic Violence, or
Stalking, the Title IX Coordinator shall also:
(i) Inform the Complainant of the right to file a criminal complaint;
(ii) Offer to assist the Complainant with filing a criminal complaint;
(iii) Assure the Complainant that such filing will not significantly delay
the Campus investigation;
Advise the Complainant of available resources such as the Campus
police, Campus Sexual Assault Victim’s Advocate, student health
service center or psychological counseling center; and
(iv) Provide written information, as directed under Executive Order 1095,
to any Complainant who makes a report to the Campus of Sexual
Misconduct, Dating or Domestic Violence, or Stalking.
c. Prior to or during the initial interview with the Respondent, the DHR
Administrator or Title IX Coordinator shall:
Executive Order 1096
Revised March 29, 2019
Page 15 of 46
(i) Explain the investigation procedure and timelines and answer any
questions about them;
(ii) Inform the Respondent of rights and options under this Executive
Order, including the right to have an Advisor throughout the process;
(iii) Provide the Respondent with a copy of this Executive Order;
(iv) Provide the Respondent with a description of the Complainant’s
allegations against the Respondent;
(v) Provide the Respondent a full opportunity to respond to the
allegations, including scheduling other meeting(s), accepting
documentary evidence, and accepting Respondent’s list of potential
witnesses; and,
(vi) Discuss any Interim Remedies, as appropriate.
4. Advisor. The Complainant and the Respondent may elect to be accompanied by an
Advisor to any meeting or interview regarding the Complaint. (See definition in
Article VI.)
5. Confidentiality. Information regarding the Complaint may be shared on a “need to
know” basis with other Campus Employees, and with law enforcement (with the
Complainant’s written consent), except for some limited exceptions. (See Executive
Order 1095.) The DHR Administrator and/or Title IX Coordinator shall endeavor to
honor any request for confidentiality; however, the DHR Administrator and/or Title
IX Coordinator shall also weigh requests for confidentiality against the University’s
duty to provide a safe and nondiscriminatory environment for all members of the
Campus community. Confidentiality, therefore, cannot be ensured.
The Title IX Coordinator receives all Complainant requests for confidentiality
involving cases of Sexual Misconduct, Dating or Domestic Violence, or Stalking, and
determines if the request can be honored under the facts and circumstances of the
particular case. (See Executive Order 1095.)
6. Complaint Accepted for Investigation. The DHR Administrator or Title IX
Coordinator will review all written Complaints and the information received during
the intake interview with the Complainant. If the DHR Administrator or Title IX
Coordinator determines that the Complaint falls within the scope of this Executive
Order, the Complainant will be notified within 10 Working Days that the Complaint
has been accepted for investigation and the timeline for completion of the
investigation.
Executive Order 1096
Revised March 29, 2019
Page 16 of 46
If the DHR Administrator or Title IX Coordinator determines the Complainant has
failed to state a Complaint within the scope of this Executive Order, the Complainant
will be provided with written notice of this determination with 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. The
DHR Administrator or Title IX Coordinator will maintain a record of the Complaint
and the reasons the Complaint was deemed not within the scope of this Executive
Order.
The DHR Administrator or Title IX Coordinator shall determine whether the
Complaint should be processed through another Campus office or University
procedure available to the Complainant. If appropriate, the DHR Administrator or
Title IX Coordinator shall direct the Complainant to that procedure as soon as
possible.
7. Investigation Procedure. The DHR Administrator or Title IX Coordinator shall
promptly investigate the Complaint or assign this task to another Investigator on a
case-by-case basis. If assigned to another Investigator, the DHR Administrator or
Title IX Coordinator shall monitor, supervise, and oversee all such delegated tasks,
including reviewing all investigation draft reports before they are final to ensure that
the investigation was sufficient, appropriate, impartial, and in compliance with this
Executive Order.
The Complainant and the Respondent shall have equal opportunities to present
relevant witnesses and evidence in connection with the investigation. Upon inquiry,
the Complainant and Respondent shall be advised of the status of the investigation.
Before reaching a final conclusion or issuing a final investigation report, the
Investigator shall have: a) advised the Parties or have offered to do so, verbally or in
writing, of any evidence upon which the findings will be based; and, b) given the
Parties an opportunity to respond to the evidence, including presenting further
relevant evidence, information or arguments that could affect the outcome. The
Investigator will not reach a final conclusion or issue an investigation report until
giving careful consideration to any such relevant evidence, information or arguments
provided by the Parties. The Investigator retains discretion and authority to determine
relevance.
The investigation shall be completed no later than 60 Working Days after the intake
interview, unless the timeline has been extended pursuant to Article V. E. The
timeline should not be extended for a period longer than an additional 30 Working
Days from the original due date.
On occasion, a criminal investigation may be initiated by a law enforcement agency
over the same allegations that are reported in a Complaint filed under this policy. A
pending (Campus or local) police investigation is a separate investigation and it does
Executive Order 1096
Revised March 29, 2019
Page 17 of 46
not relieve a Campus of its responsibility to timely investigate Complaints under this
policy. Thus, a Campus may not wait until the conclusion of a police investigation to
commence its own investigation. Although it may be necessary to temporarily delay
the investigation while the police are gathering evidence, once notified that the police
have completed the fact gathering portion of their investigation, the Campus must
promptly resume and complete its own investigation. In cases involving Sexual
Misconduct, Dating or Domestic Violence, or Stalking, see the “Coordination with
Criminal Investigations and Proceedings” section of Executive Order 1095.
8. Investigation Report. Within the investigation period stated above, the Investigator
shall prepare an investigation report. The report shall include a summary of the
allegations, the investigation process, the Preponderance of the Evidence standard, a
detailed description of the evidence considered, and appropriate findings. Relevant
exhibits and documents, if any, shall be attached to the written report. The report shall
be promptly provided to the DHR Administrator or Title IX Coordinator, if
applicable. The DHR Administrator or Title IX Coordinator shall review the
investigation report to assure compliance with this Executive Order before proceeding
further.
9. Notice of Investigation Outcome. Within 10 Working Days of issuance of the final
investigation report, the DHR Administrator or Title IX Coordinator shall notify the
Complainant and Respondent in writing of the outcome of the investigation. The
Notice shall include a summary of the allegations, the investigative process, the
Preponderance of the Evidence standard, the evidence considered, the findings of
fact, a determination as to whether this Executive Order was violated, and if so, any
Remedies to be afforded to the Complainant. The notice shall advise the Complainant
and Respondent of their right to file an appeal under this Executive Order and to
request a copy of the final investigation report with exhibits/attachments, if any,
redacted as appropriate. The Notice shall be delivered to the Parties in a manner
which guarantees delivery within 2 Working Days (email delivery is acceptable).
Where a Complaint is made against a Student and this Executive Order is found to
have been violated, the DHR Administrator or Title IX Coordinator shall also notify
the Campus Student Conduct Administrator of the investigation outcome, and provide
a copy of the investigation report. Where the Respondent is an Employee, Human
Resources or Academic/Faculty Affairs shall be notified and provided a copy of the
investigation report.
Article IV. Appeal Review - Office of the Chancellor (CO)
[NOTE: ARTICLE IV OF THIS EXECUTIVE ORDER DOES NOT APPLY IN CASES (I) ALLEGING SEXUAL
MISCONDUCT BY A STUDENT THAT
, (II) IF SUBSTANTIATED, COULD RESULT IN A SEVERE SANCTION
(SUSPENSION OR EXPULSION), AND (III) WHERE CREDIBILITY OF ANY PARTY OR WITNESS IS
CENTRAL TO THE FINDING
. SEE ADDENDUM -- INVESTIGATION AND HEARING PROCESS FOR
STUDENTS ACCUSED OF SEXUAL MISCONDUCT.]
Executive Order 1096
Revised March 29, 2019
Page 18 of 46
A. Filing an Appeal to the CO. Any Complainant or Respondent who is not satisfied with
a Campus investigation outcome may file an appeal with the CO no later than 10
Working Days after the date of the Notice of Investigation Outcome.
B. Written Appeal. The appeal shall be in writing and shall be based only on one or more
of the appeal issues listed below:
1. The investigation outcome is unsupported by the evidence, based on the
Preponderance of the Evidence standard;
2. Prejudicial procedural errors impacted the investigation outcome to such a degree that
the investigation did not comply with this Executive Order; or
3. New evidence not available at the time of the investigation.
C. Issues and Evidence on Appeal. The issues and evidence raised on appeal shall be
limited to those raised and identified during the investigation, unless new evidence
becomes available after the Campus investigation process and is made part of the appeal
by the appealing party. The CO may conduct an interview, at the CO’s discretion, with
the appealing party to clarify the written appeal. Appeals shall be addressed to:
Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore, 4th Floor
Long Beach, California 90802
eo-wbappeals@calstate.edu
D. Acknowledgement of Appeal. The CO shall provide prompt written acknowledgement
of the receipt of the appeal to the appealing party, and will provide written notification of
the appeal to the other party and the Campus DHR Administrator or Title IX Coordinator.
E. Reasonable Accommodation. The CO will provide reasonable accommodation(s) 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 under these procedures. The timeframe for the CO Appeal Response will
automatically be adjusted for the time needed, if any, to provide reasonable
accommodation(s).
F. Scope of CO Review. The CO review will not involve a new investigation by the CO
and will not consider evidence that was not introduced during the Campus investigation,
unless the new evidence was not available at the time of the Campus investigation
process. The CO may make reasonable inquiries to determine if the new evidence could
Executive Order 1096
Revised March 29, 2019
Page 19 of 46
have affected the investigation determination. If the CO review determines the
investigation should be reopened to cure any defects in the investigation and/or consider
new evidence introduced for the first time on appeal (that could have affected the
investigation determination), the investigation will be remanded back to the Campus and
the investigation reopened at the Campus level.
G. Reopening a Campus Investigation. The CO will return the matter to the Campus and
will specify in writing the timeline by which a reopened investigation must be completed.
The CO will notify the Parties of the reopening of the investigation and the timeline for
completion of the reopened investigation. The Campus will complete the reopened
investigation and provide the CO with an amended investigation report. The Campus will
also provide the Parties with amended Notices of Investigation Outcome, and such
Notices will provide the Parties the opportunity to appeal any new or amended findings,
in accordance with this Executive Order. Upon receipt of the amended investigation
report, the CO will contact the appealing party to determine whether that party wishes to
continue with the appeal.
H. Timeline. The CO shall respond to the appealing party no later than 30 Working Days
after receipt of the written appeal unless the timeline has been extended as specified in
Article V. E below.
I. CO Appeal Response. The CO Appeal Response shall include a summary of the issues
raised on appeal, a summary of the evidence considered, the Preponderance of the
Evidence standard, and the determination(s) reached regarding the issue(s) identified
within the written appeal. A copy of the final CO Appeal Response shall be forwarded to
the Complainant and Respondent, as well as the Campus DHR Administrator or Title IX
Coordinator.
The CO Appeal Response is final and concludes the Complaint and CO review process
under this Executive Order.
Article V. General Provisions for Campus Investigation/CO Appeal Review
A. Impartial Investigations. All investigations and reviews shall be conducted impartially
and in good faith.
B. Cooperation in an Investigation. Students and Employees are required to cooperate
with the investigation and other processes set forth in this Executive Order, including but
not limited to, attending meetings, being forthright and honest during the process, and
keeping confidential the existence and details of the investigation/review. If a
Complainant and/or Respondent refuse to cooperate, the CSU may draw all reasonable
inferences and conclusions on the basis of all available evidence and conclude the
investigation/review.
Executive Order 1096
Revised March 29, 2019
Page 20 of 46
C. False Allegations Prohibited. A Complainant shall proceed with a Complaint in good
faith. A Complainant who knowingly and intentionally files a false Complaint or any
individual who is determined to have provided false statements or information during the
investigation/appeal review shall be subject to discipline in accordance with applicable
collective bargaining agreements, CSU policies, and legal requirements (e.g., Education
Code Section 89530 et seq.). Such disciplinary action shall not be deemed to be
Retaliation.
D. Input into the Investigation. Both the Complainant and Respondent shall have the right
to identify witnesses and other evidence for consideration; however, the CSU shall decide
what evidence is relevant and significant to the issues raised.
E. Timelines and Extensions. 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 30 Working Days for a Campus investigation
or an additional 30 Working Days for a reopened Campus investigation under Article
IV. The Complainant and Respondent shall receive written notification of any period of
extension.
F. Delivery. When submitting a Complaint or issuing any notices required by this Executive
Order, personal delivery, overnight delivery services, electronic mail, or certified mail
may be used. If personal delivery is used, a proof of service shall be prepared attesting to
the calendar date of delivery, which will establish the date of filing or response. If
certified mail delivery is used, the postmark shall establish the date of filing or response.
Electronic communications must be sent to the designated CSU or Campus e-mail
address unless the intended recipient has specified a different address. Electronic
communications will be deemed received on the date sent.
G. Investigation Not Warranted. In the event that a Campus determines an investigation is
not warranted, the reasons for that decision shall be reduced to writing and retained by
the Campus according to appropriate record retention policies.
H. Information Requests. Where it is necessary for the Complainant or Respondent to have
access to specific information for the purpose of filing a Complaint or CO Appeal, the
Complainant or Respondent shall make a written request for such information to the
Campus. The Complainant or Respondent shall have access to information within the
policies, procedures and laws governing confidentiality and privacy that are relevant to
any issue raised in the Complaint. This provision does not authorize a Complainant or
Respondent access to the personnel files of another without the written consent of that
person.
I. Employee Rights. Nothing contained herein is intended or should be construed to
interfere with an Employee’s right to consult with a representative.
Executive Order 1096
Revised March 29, 2019
Page 21 of 46
J. Release Time. Taking into account campus operational needs, CSU shall provide the
Complainant and Advisor, if any, reasonable release time for preparing and presenting
the Complaint upon their request.
Taking into account campus operational needs, CSU shall provide Unit 3 and 4
Complainants and any Advisor (who is in the same bargaining unit) with reasonable
release time for preparing and presenting the Complaint upon request. Taking into
account campus operational needs, CSU shall provide to any Advisor to Unit 3 or 4
Respondents reasonable release time for the purposes of providing advice to the
Respondent under this Executive Order, where both the Respondent and Advisor are in
the same bargaining unit.
K. External Remedies. A Complainant may choose to pursue remedies with outside
government agencies at any time without waiting for the conclusion of the CSU
Complaint process under this Executive Order.
Article VI. Definitions
For purposes of this Executive Order, the following definitions apply:
A. Adverse Action means an action that has a substantial and material adverse effect on the
Complainant's employment or ability to participate in a University program or activity
free from Discrimination, Harassment or Retaliation. Minor or trivial actions or conduct
not reasonably likely to do more than anger or upset a Complainant does not constitute an
Adverse Action.
B. Advisor: The Complainant and the Respondent may each elect to be accompanied by an
Advisor to any meeting or interview regarding the allegations. The Advisor may be
anyone, including a union representative from the Complainant’s or Respondent’s
collective bargaining unit, an attorney, or, in the case of the Complainant, a Sexual
Assault Victim’s Advocate, provided the Advisor is not a person with information
relevant to the allegations who may be interviewed by the Investigator during the
investigation. The 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 and take appropriate action to ensure
that the investigation does not violate applicable laws, policies, or collective bargaining
agreements.
C. Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual
agreement to engage in sexual activity. It is the responsibility of each person involved in
the sexual activity to ensure that Affirmative Consent has been obtained from the other
participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean
consent nor does silence mean consent.
Executive Order 1096
Revised March 29, 2019
Page 22 of 46
Affirmative Consent can be withdrawn or revoked. Affirmative Consent cannot be given
by a person who is incapacitated.
A person with a medical or mental Disability may also lack the capacity to give consent.
Sexual activity with a minor (under 18 years old) is never consensual because a minor is
considered incapable of giving legal consent due to age.
See Article I. E. for more information.
D. Age, with respect to employment discrimination, refers to the chronological age of any
individual who has reached his or her 40th birthday.
9
With respect to discrimination in
non-employment programs and activities, Age means how old a person is, or the number
of years from the date of a person’s birth.
10
Age based stereotype refers to generalized
opinions about matters including the qualifications, job performance, health, work habits,
and productivity of individuals over forty.
Age is a Protected Status.
E. Calendar Days are defined as Monday through Sunday and include official holidays.
F. California State University (CSU) means the 23 Campus system of the California State
University, including the CO.
G. Campus or University means any of the 23 Campuses of the CSU or the CO.
H. CO Appeal Response refers to the decision provided to the Complainant and the
Respondent upon completion of the appeal process provided under Article IV.
I. Complainant means an individual who is eligible to file a Complaint or report a
violation of this policy. See Article III. A for a description of those eligible to file a
Complaint. It also includes any person who is reported to have experienced a violation of
this policy in cases where some other person has made a report on that person’s behalf. A
Complainant may also be referred to as a party to the Complaint.
J. Complaint means a report of a violation of this policy or a written communication that
complies with Article III. C. 2 alleging Discrimination, Harassment, Retaliation, Sexual
Misconduct, Dating or Domestic Violence, or Stalking, against the CSU, an Employee, a
Student, or a Third Party.
K. Dating Violence is abuse committed by a person who is or has been in a social or dating
relationship of a romantic or intimate nature with the victim.
11
This may include someone
9
See Cal. Gov. Code § 12926(b).
10
See 34 C.F.R. 110.3
11
See Cal. Penal Code § 13700 (b).
Executive Order 1096
Revised March 29, 2019
Page 23 of 46
the victim just met; i.e., at a party, introduced through a friend, or on a social networking
website. For purposes of this definition, “abuse” means intentionally or recklessly
causing or attempting to cause bodily injury or placing another person in reasonable
apprehension of imminent serious bodily injury to self, or another. Abuse does not
include non-physical, emotional distress or injury.
L. DHR (Discrimination, Harassment, and Retaliation) Administrator means the
Management Personnel Plan (MPP) Employee at each Campus who is designated to
administer this Executive Order and coordinate compliance with the laws prohibiting
Discrimination, Harassment and Retaliation. The DHR Administrator may delegate tasks
to one or more designees, provided that any designee shall be a MPP Employee or an
external consultant, and the DHR Administrator retains overall responsibility and
authority. MPP Employee means an employee who has been designated as a
“management” or “supervisory” employee under the provisions of the Higher Education
Employer-Employee Relations Act.
12
The Campus president may assign the roles of the
DHR Administrator and Title IX Coordinator to the same person. The names of, and
contact information for the DHR Administrator and Title IX Coordinator shall be made
readily available to the Campus community and Third Parties as described in Article II.
M. Disability, as defined in California Government Code § 12926 and the federal Americans
with Disabilities Act (ADA), 2008 Amendments, means:
1. Having a physical or mental condition that limits a major life activity. “Limits”
means making the achievement of a major life activity difficult. “Limits” is
determined without regard to mitigating measures such as medications, assistive
devices, prosthetics, or reasonable accommodations, unless the mitigating
measure itself limits a major life activity. A “major life activity” is broadly
construed and includes physical, mental, and social activities (such as walking,
talking, seeing, hearing) and working; or
2. Having a known history of a qualifying impairment; or
3. Being regarded or treated as having or having had a qualifying impairment; or
4. Being regarded or treated as having or having had such an impairment that has no
presently disabling effects but may become a qualifying impairment in the future.
Disability includes HIV and AIDS. Disability is a Protected Status.
N. Discipline means any disciplinary action taken to correct a violation of the prohibitions
against Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and
Domestic Violence, and Stalking set forth in this Executive Order. Discipline for
Employees includes, but is not limited to, suspension, demotion and termination of
employment. Discipline for Students includes, but is not limited to, probation, suspension
and expulsion. Suspension of one academic year or more, expulsion, withdrawal in lieu
of suspension or expulsion, and withdrawal with pending misconduct investigation or
12
See Cal. Code Regs. Title 5 § 42720 et seq.
Executive Order 1096
Revised March 29, 2019
Page 24 of 46
disciplinary proceeding shall be entered on the Student’s transcript permanently without
exception; this requirement cannot be waived in connection with any settlement
agreement. See the definition of Remedies below.
O. Discrimination means Adverse Action taken against an Employee or Third Party by the
CSU, a CSU employee or a Student, because of a Protected Status.
P. Domestic Violence is abuse committed against someone who is a current or former
spouse; current or former cohabitant; someone with whom the Respondent has a child;
someone with whom the Respondent has or had a dating or engagement relationship; or a
person similarly situated under California domestic or family violence law. Cohabitant
means two unrelated persons living together for a substantial period of time, resulting in
some permanency of relationship. It does not include roommates who do not have a
romantic, intimate, or sexual relationship. Factors that may determine whether persons
are cohabiting include, but are not limited to: (1) sexual relations between the Parties
while sharing the same living quarters; (2) sharing of income or expenses; (3) joint use or
ownership of property; (4) whether the Parties hold themselves out as spouses; (5) the
continuity of the relationship; and, (6) the length of the relationship. For purposes of this
definition, “abuse” means intentionally or recklessly causing or attempting to cause
bodily injury or placing another person in reasonable apprehension of imminent serious
bodily injury to self, or another.
13
Abuse does not include non-physical, emotional
distress or injury.
Q. Employee means a person legally holding a position in the CSU. This term includes full-
time, part-time, permanent, tenured, probationary, temporary, intermittent, casual, and
per-diem positions. This term does not include auxiliary or foundation Employees or
other Third Parties.
14
R. Gender means sex, and includes Gender Identity, Gender Expression, and transgender. It
also includes sex stereotyping.
15
Sex includes, but is not limited to, pregnancy, childbirth, breastfeeding or any related
medical condition(s).
16
Gender Identity means a person’s identification as male, female, a gender different from
the person’s sex at birth, or transgender.
Gender Expression means a person’s gender-related appearance or behavior whether or
not stereotypically associated with the person’s assigned sex at birth.
13
See Cal. Penal Code § 13700(b) and Cal. Family Code § 6211.
14
See Cal. Code Regs. Title 5 § 42700(h).
15
See Cal. Govt. Code § 12926(r).
16
See Cal. Gov. Code § 12926(r); 34 C.F. R. 106.40
Executive Order 1096
Revised March 29, 2019
Page 25 of 46
Sex stereotype means an assumption about a person’s appearance or behavior or about an
individual’s ability or inability to perform certain kinds of work based on a myth, social
expectation, or generalization about the individual’s sex.
Transgender is a general term that refers to a person whose gender identity differs from
the person’s sex at birth. A transgender person may or may not have a gender expression
that is different from the social expectations of the sex assigned at birth. A transgender
person may or may not identify as transsexual.
Gender is a Protected Status.
S. Genetic Information means
17
:
The person’s genetic tests.
The genetic tests of the person’s family members.
The manifestation of a disease or disorder in the person’s family members.
Any request for, or receipt of genetic services, or participation in clinical research
that includes genetic services, by a person or any person’s family member.
Genetic Information does not include information about the sex or age of any
person.
Genetic Information is a Protected Status.
T. Harassment means unwelcome conduct engaged in because of a Complainant’s
Protected Status and:
Submission to, or rejection of, the conduct is made a term or condition of the
Complainant’s employment; or
Submission to or rejection of such conduct by the Complainant is used as the
basis or threatened to be used as the basis for employment actions or decision
affecting the Complainant; or
The conduct is sufficiently severe or pervasive that its effect, whether or not
intended, could be considered by a reasonable person in the shoes of the
Complainant, and is in fact considered by the Complainant, as intimidating,
hostile or offensive.
Harassment includes, but is not limited to, verbal harassment (e.g., epithets, derogatory
comments, or slurs), physical harassment (e.g., assault, impeding or blocking movement,
17
See Cal. Govt. Code § 12926(g).
Executive Order 1096
Revised March 29, 2019
Page 26 of 46
or any physical interference with normal work or movement), and visual forms of
harassment (e.g., derogatory posters, cartoons, drawings, symbols, or gestures.)
U. Investigator means the person tasked by a Campus with investigating a Complaint. All
Investigators shall receive annual training regarding such issues as the laws governing
Discrimination, Harassment and Retaliation; Title IX and VAWA/Campus SaVE Act; as
well as other related state and federal laws prohibiting Discrimination, Harassment and
Retaliation based on Gender or Sex, including Sex Discrimination, Sexual Harassment,
Sexual Misconduct, Dating and Domestic Violence, and Stalking; Complainant,
Respondent, Employee, and witness privacy rights; and the Family Educational Rights
and Privacy Act of 1974 (FERPA). For matters involving Sex Discrimination, Sexual
Harassment, Sexual Misconduct, Dating or Domestic Violence, or Stalking, the
Investigator shall also receive annual training on how to conduct an investigation process
that protects the safety of the Complainant(s) and the University community. (See also
Executive Order 1095 regarding required training for Sexual Harassment and Sexual
Misconduct investigations.)
If delegated, the DHR Administrator or the Title IX Coordinator (for Complaints alleging
Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating or Domestic
Violence, or Stalking) shall monitor, supervise, and oversee the investigation to ensure
that it is conducted in accordance with the standards, procedures and timelines set forth in
this policy.
The Investigator shall not be within the administrative control or authority of any
Respondent CSU Employee. The Investigator may be the DHR Administrator, the Title
IX Coordinator, or their designee, provided that any designee shall be a MPP Employee
or an external consultant.
V. Marital Status means an individual’s state of marriage, non-marriage, divorce or
dissolution, separation, widowhood, annulment, or other marital state.
18
Marital Status is a Protected Status.
W. Medical Condition means either of the following:
1. Any health impairment related to or associated with a diagnosis of cancer or a record
or history of cancer; or
2. Genetic characteristics. For purposes of this section, "genetic characteristics" means
either of the following:
a. Any scientifically or medically identifiable gene or chromosome, or
combination or alteration thereof, that is known to be a cause of a disease or
18
See 2 Cal. Code Regs.§11053,
Executive Order 1096
Revised March 29, 2019
Page 27 of 46
disorder in a person or offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder, and that is
presently not associated with any symptoms of any disease or disorder; or
b. Inherited characteristics that may derive from the individual or family
member, that are known to be a cause of a disease or disorder in a person or
offspring, or that are determined to be associated with a statistically increased
risk of development of a disease or disorder, and that are presently not
associated with any symptoms of any disease or disorder.
19
Medical Condition is a Protected Status.
X. Nationality includes citizenship, country of origin, and national origin.
20
It also includes
language use restrictions and holding or presenting a driver’s license issued under section
12801.9 of the Vehicle Code.
Nationality is a Protected Status.
Y. Parties to a Complaint are the Complainant(s) and the Respondent(s).
Z. Preponderance of the Evidence means the greater weight of the evidence; i.e., that the
evidence on one side outweighs, preponderates over, or is more than, the evidence on the
other side. The Preponderance of the Evidence is the applicable standard for
demonstrating facts and reaching conclusions in an investigation conducted pursuant to
this Executive Order.
AA. Protected Status includes Age, Disability (physical or mental), Gender (or sex), Genetic
Information, Gender Identity (including transgender), Gender Expression, Marital Status,
Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion
or Religious Creed, Sexual Orientation, and Veteran or Military Status.
BB. Race or Ethnicity includes ancestry, color, ethnic group identification, and ethnic
background.
21
Race or Ethnicity is a Protected Status.
CC. Religion or Religious Creed includes all aspects of religious belief, observance, and
practice, including religious dress and grooming practices, and includes agnosticism and
atheism. Religious dress and grooming practices, such as wearing religious clothing, head
or face covering, jewelry, and artifacts, are part of a Complainant’s religious observance
or belief.
22
Religion or Religious Creed is a Protected Status.
19
See Cal. Govt. Code § 12926 (i).
20
See Cal. Govt. Code § 12926(o).
21
See Cal. Govt. Code § 12926(o).
22
See Cal. Govt. Code § 12926(q).
Executive Order 1096
Revised March 29, 2019
Page 28 of 46
DD. Remedies means actions taken to correct allegations and/or reported violations of
Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic
Violence, or Stalking as set forth in this Executive Order. Remedies can include
Discipline or other corrective action.
Interim Remedies shall be offered prior to the conclusion of an investigation in order to
immediately stop any wrong-doing and/or reduce or eliminate any negative impact, when
appropriate. Persons reporting that they have been the victim of Sex Discrimination,
Sexual Harassment, Sexual Misconduct, Dating or Domestic Violence, or Stalking must
be provided reasonable and available Interim Remedies, if requested, regardless of
whether the person chooses to report the conduct to Campus police or local law
enforcement, and regardless of whether an investigation is conducted under this
Executive Order. Examples may include offering the option of psychological counseling
services, changes to work area, work assignments, or supervisory reporting relationship,
or any measure as appropriate to stop further alleged harm until an investigation is
concluded or a resolution is reached. The Title IX Coordinator shall assist and provide
the Complainant with reasonable Remedies as requested throughout the reporting,
investigation, appeal, and disciplinary processes, and thereafter.
EE. Respondent means the CSU, a CSU Employee, a Student, or a Third Party who is
alleged to have violated this Executive Order.
FF. Retaliation means Adverse Action taken against a person because the person has or is
believed to have:
1. Exercised rights under this Executive Order;
2. Reported or opposed conduct which was reasonably and in good faith believed to be
in violation of this Executive Order;
3. Assisted or participated in a policy-related investigation/proceeding regardless of
whether the Complaint was substantiated; or,
4. Assisted someone in reporting or opposing a violation of this Executive Order, or
assisted someone in reporting or opposing Retaliation under this Executive Order.
Retaliation may occur whether or not there is a power or authority differential between
the individuals involved.
GG. Sexual Assault Victim’s Advocate refers to Employees or third party professionals
appointed to support Complainants reporting Sexual Misconduct. They must be certified
and have received specialized training to provide advice and assistance, including, but not
limited to, the provision of information about available options in the Complaint, law
enforcement, legal, and medical processes, and with emotional and decision making
support. Sexual Assault Victim Advocates may serve as the Complainant’s Advisor and
Executive Order 1096
Revised March 29, 2019
Page 29 of 46
assist in seeking services. They are committed to maintain the highest possible level of
confidentiality permissible under state and federal law in their communications with the
persons they assist.
23
Sexual Assault Victim’s Advocates are appointed based on
experience and demonstrated ability to effectively provide services to
victims/survivors/Complainants. (See Executive Order 1095 for more detailed
information.)
HH. Sexual Harassment, a form of Sex Discrimination, is unwelcome verbal, nonverbal or
physical conduct of a sexual nature that includes but is not limited to sexual advances,
requests for sexual favors, any other conduct of a sexual nature, offering employment
benefits or giving preferential treatment in exchange for sexual favors, or indecent
exposure, where:
1. Submission to, or rejection of, the conduct by the Complainant is explicitly or
implicitly used as the basis for any decision affecting a term or condition of the
Complainant’s employment, or an employment decision; or
2. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or
not intended, could be considered by a reasonable person in the shoes of the
Complainant, and is in fact considered by the Complainant, as creating an
intimidating, hostile or offensive environment.
Sexual Harassment could include being forced to engage in unwanted sexual contact in
exchange for a raise or promotion; being subjected to video exploitation or a campaign of
sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual
nature in the work environment.
Sexual Harassment also includes acts of verbal, non-verbal or physical aggression,
intimidation or hostility based on Gender or sex-stereotyping, even if those acts do not
involve conduct of a sexual nature.
This policy covers unwelcome conduct of a sexual nature. While romantic, sexual,
intimate, personal or social relationships between members of the University community
may begin as consensual, they may evolve into situations that lead to Sexual Harassment
or Sexual Misconduct, including Dating or Domestic Violence, or Stalking, subject to
this policy.
Claiming that the conduct was not motivated by sexual desire is not a defense to a
complaint of harassment based on Gender.
II. Sexual Misconduct: All sexual activity between members of the CSU community must
be based on Affirmative Consent. Engaging in any sexual activity without first obtaining
23
See Cal. Evid. Code §§ 1035.2 and 1035.4.
Executive Order 1096
Revised March 29, 2019
Page 30 of 46
Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the
conduct violates any civil or criminal law.
Sexual activity includes, but is not limited to, kissing, touching intimate body parts,
fondling, intercourse, penetration of any body part, and oral sex. It also includes any
unwelcome physical sexual acts, such as unwelcome sexual touching, Sexual Assault,
Sexual Battery, Rape, and Dating Violence. Sexual Misconduct may include using
physical force, violence, threat, or intimidation, ignoring the objections of the other
person, causing the other person’s intoxication or incapacitation through the use of drugs
or alcohol, or taking advantage of the other person’s incapacitation (including voluntary
intoxication) to engage in sexual activity. Men as well as women can be victims of these
forms of Sexual Misconduct. Sexual activity with a minor is never consensual when the
Complainant is under 18 years old, because the minor is considered incapable of giving
legal consent due to age.
1. Sexual Assault is a form of Sexual Misconduct and is an attempt, coupled with the
ability, to commit a violent injury on the person of another because of that person’s
Gender or sex.
24
2. Sexual Battery is a form of Sexual Misconduct and is any willful and unlawful use
of force or violence upon the person of another because of that person’s Gender or
sex as well as touching an intimate part of another person against that person’s will
and for the purpose of sexual arousal, gratification, or abuse.
25
3. Rape is a form of Sexual Misconduct and is non-consensual sexual intercourse that
may also involve the use of threat of force, violence, or immediate and unlawful
bodily injury or threats of future retaliation and duress. Any sexual penetration,
however slight, is sufficient to constitute Rape. Sexual acts including intercourse are
considered non-consensual when a person is incapable of giving consent because the
person is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental
disorder or developmental or physical Disability renders a person incapable of giving
consent. The Respondent’s relationship to the person (such as family member,
spouse, friend, acquaintance or stranger) is irrelevant. (See complete definition of
Affirmative Consent above.)
26
4. Acquaintance Rape is a form of Sexual Misconduct committed by an individual
known to the victim. This includes a person the victim may have just met; i.e., at a
party, introduced through a friend, or on a social networking website. (See above for
definition of Rape.)
24
See Cal. Penal Code § 240.
25
See Cal. Penal Code § 242.
26
See Cal. Penal Code §§ 261-263.
Executive Order 1096
Revised March 29, 2019
Page 31 of 46
JJ. Sexual Orientation means one’s preference in sexual partners and includes
heterosexuality, homosexuality, or bisexuality.
27
Sexual Orientation is a Protected Status.
KK. Stalking means engaging in a repeated Course of Conduct directed at a specific person
that would cause a Reasonable Person to fear for the safety of self or others’ safety or to
suffer Substantial Emotional Distress.
28
For purposes of this definition:
1. Course of Conduct means two or more acts, including but not limited to, acts in
which the stalker directly, indirectly, or through Third Parties, by any action, method,
device, or means, follows, monitors, observes, surveils, threatens, or communicates to
or about a person, or interferes with a person’s property;
2. Reasonable Person means a reasonable person under similar circumstances and with
the same Protected Status(es) as the Complainant;
3. Substantial Emotional Distress means significant mental suffering or anguish that
may, but does not necessarily require medical or other professional treatment or
counseling.
LL. Student means 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.
MM. Third Party means a person other than an Employee or a Student. Examples include
employees of auxiliary organizations
29
, unpaid interns, volunteers, independent
contractors, vendors, and their employees, and visitors.
NN. Title IX means Title IX of the Education Amendments of 1972.
OO. Title IX Coordinator means the Campus MPP Employee appointed by the Campus
president to coordinate compliance with Title IX; VAWA/Campus SaVE Act; and other
related state and federal laws prohibiting Discrimination, Harassment and Retaliation
based on Gender or sex, including Sex Discrimination, Sexual Harassment, Sexual
Misconduct, Dating and Domestic Violence and Stalking. (See Executive Order 1095.)
PP. VAWA means the Violence Against Women Reauthorization Act of 2013 (which
amends the Jeanne Clery Disclosure of Campus Crimes Statistics Act, commonly known
27
See Cal. Govt. Code § 12926(s).
28
See Cal. Penal Code § 646.9
29
See 5 Cal. Code Regs. § 42406.
Executive Order 1096
Revised March 29, 2019
Page 32 of 46
as the Clery Act) (20 U.S.C. 1092(f)), under its Campus Sexual Violence Elimination Act
provision (Campus SaVE Act).
QQ. Veteran or Military Status means service in the uniformed services. Veteran or Military
Status may be a Protected Status.
RR. 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 CO where an
Appeal is reviewed.
Addendum: Investigation and Hearing Process – For Students Accused of Sexual Misconduct
Attachments: CSU Complaint Form
CSU Executive Order 1096 Procedure Timeline
__________________________________
Timothy P. White, Chancellor
Dated: March 29, 2019
Revision History:
As a result of the issuance of this Executive Order, the following documents are superseded as of
the effective date of this Executive Order and are no longer applicable:
Executive Order 1096, Revised (Systemwide Policy Prohibiting Discrimination,
Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking
against Employees and Third Parties and Systemwide Procedure for Addressing Such
Complaints by Employees and Third Parties), dated October 5, 2016
Executive Order 1096 (Systemwide Policy Prohibiting Discrimination, Harassment and
Retaliation Against Employees and Third Parties and Procedure for Handling
Discrimination, Harassment and Retaliation Allegations by Employees and Third Parties),
dated June 23, 2015
Executive Order 1096 (Systemwide Policy Prohibiting Discrimination, Harassment and
Retaliation Against Employees and Third Parties and Procedure for Handling
Discrimination, Harassment and Retaliation Allegations by Employees and Third Parties),
dated June 3, 2014
Executive Order 1096
Revised March 29, 2019
Page 33 of 46
Executive Order 1089 (Systemwide Policy Prohibiting Discrimination, Harassment and
Retaliation Against Employees and Third Parties and Procedures for Handling
Discrimination, Harassment and Retaliation Allegations by Employees and Third Parties),
dated October 23, 2013
HR/EEO 2011-01 (Handling Employee Allegations of Discrimination, Harassment and
Retaliation), dated January 27, 2011
Executive Order 928 (Systemwide Complaint Procedure for Discrimination, Harassment
and Retaliation Complaints for Employees Not Eligible to File a Complaint or Grievance
Under a Collective Bargaining Agreement or Whose Collective Bargaining Agreement
Incorporates CSU Systemwide Complaint Procedure), dated January 6, 2005
Executive Order 927 (Systemwide Policy Prohibiting Harassment in Employment and
Retaliation for Reporting Harassment or Participation in a Harassment Investigation),
dated January 6, 2005
Executive Order 883 (Systemwide Guidelines for Nondiscrimination and Affirmative Action
Programs in Employment), dated October 31, 2003
Executive Order 774 (Systemwide Guidelines for Nondiscrimination and Affirmative Action
Programs in Employment), dated May 17, 2001
Executive Order 675 (Systemwide Complaint Procedure for Discrimination Complaints for
Employees Not Eligible to File a Discrimination Complaint or Grievance Under a
Collective Bargaining Agreement), dated January 19, 1998
Executive Order 419 (Systemwide Grievance Procedure - Discrimination Complaints for
Employees Not Covered by Existing Regulation), dated July 1, 1983
Executive Order 345 (Prohibition of Sexual Harassment), dated June 1, 1981
Executive Order 340 (Systemwide Guidelines for Nondiscrimination and Affirmative
Action Program in Employment), dated February 27, 1981
Executive Order 1096
Revised March 29, 2019
Addendum
Page 34 of 46
ADDENDUM TO CSU EXECUTIVE ORDERS
1096, 1097 & 1098 (Revised March 29, 2019)
INVESTIGATION AND HEARI NG PROCESS FOR STUDENTS
ACCUSED OF SEXUAL MISCONDUCT
This Addendum, entitled “Investigation and Hearing Process — For Students Accused of Sexual
Misconduct,” supersedes Article III.C.7-9 and Article IV of California State University
Executive Order 1096 (Revised October 5, 2016); Article III.B.7-9 and Article IV of
California State University Executive Order 1097 (Revised October 5, 2016); and Article
IV of California State University Executive Order 1098 (Revised June 23, 2015), and
applies to Complaints alleging Sexual Misconduct committed by a Student Respondent.
30
Article I. Scope of this Addendum
This Addendum supersedes the existing investigation and resolution process under Article
III.C.7-9 and Article IV of EO 1096 (Revised March 29, 2019); Article III.B.7-9 and Article IV
of EO 1097 (Revised March 29, 2019); and Article IV of EO 1098 (Revised March 29, 2019)
(sanctions) for cases (i) alleging Sexual Misconduct by a Student that, (ii) if substantiated, could
result in a severe sanction (suspension or expulsion), and (iii) where credibility of any Party or
witness is central to the finding.
31
Allegations of other misconduct set forth in the same
Complaint that arise out of the same facts and/or incidents will also be investigated and resolved
(including sanctions) in accordance with this Addendum.
Article II. Investigation Procedure
The Title IX Coordinator will either promptly investigate the Complaint or assign this task to
another Investigator. If assigned to another Investigator, the Title IX Coordinator will monitor,
supervise, and oversee all such delegated tasks, including reviewing all investigation draft
reports before they are final to ensure that the investigation is sufficient, appropriate, impartial,
and in compliance with the relevant Executive Order, including this Addendum.
At the onset of the investigation, the Title IX Coordinator will simultaneously provide both
Parties a Notice of Investigation. The Notice of Investigation will include:
1. a summary of the Complaint (e.g., “who,” “what,” “when,” and “where”);
30
Capitalized terms are defined in this Addendum and in CSU Executive Order 1096
(Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic
Violence, and Stalking against Employees and Third Parties and Systemwide Procedure for Addressing Such
Complaints by Employees and Third Parties) and CSU Executive Order 1097 (Systemwide Policy Prohibiting
Discrimination, Harassment and Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking
against Students and Systemwide Procedure for Addressing Such Complaints by Students).
31
In most Sexual Misconduct cases, credibility will be central to the finding. Therefore, Parties should presume that
this Addendum applies to all matters alleging Sexual Misconduct.
Executive Order 1096
Revised March 29, 2019
Addendum
Page 35 of 46
2. a copy of, or internet link to, the relevant Executive Order, including this Addendum;
3. a description of the investigation and resolution procedure (including the right to hearing
and appeal);
4. the estimated timeline for completion of the investigation;
5. a description of the University’s policy against Retaliation; and
6. information about the Parties’ right to an Advisor. The Complainant and Respondent will
have equal opportunities to present relevant witnesses and evidence in connection with
the investigation and at any hearing. Upon request, the Complainant and Respondent will
be advised of the status of the investigation. If new allegations are raised during the
investigation that are materially different from those described in the Notice of
Investigation, a revised Notice of Investigation will be issued to the Parties.
Article III. Evidence
A. Gathering of Evidence. The Investigator will take reasonable steps to gather all relevant
evidence from the Parties, other witnesses or other sources. The Investigator will document the
steps taken to gather evidence, even when those efforts are not successful.
The Investigator will notify the Parties in writing that they may:
1. submit documentary information to the Investigator;
2. submit a list of potential witnesses to the Investigator; and/or
3. request that the Investigator attempt to collect documents and other information that are
not reasonably accessible to the requesting Party.
B. Basis for Declining Request. The Investigator may decline a Party’s request to gather
information if:
1. the request seeks information about the Complainant’s sexual history with anyone other
than the Respondent (unless such evidence about the Complainant’s sexual behavior is
offered to prove that someone other than the Respondent committed the alleged
misconduct, or if the evidence concerns specific incidents of the Complainant’s sexual
behavior with respect to the Respondent and is offered to prove consent);
2. the request seeks information about the Respondent’s sexual history with anyone other
than the Complainant unless such information is used to prove motive or pattern of
conduct;
Executive Order 1096
Revised March 29, 2019
Addendum
Page 36 of 46
3. the request seeks information that is unreasonably duplicative of evidence in the
Investigator’s possession;
4. the Investigator determines that the information is not relevant to disputed issues;
5. the request seeks information that can be reasonably and adequately obtained by the
requesting Party from other independent or publicly available sources;
6. the burden of obtaining the information is likely to substantially outweigh the benefit that
the evidence bears on a disputed issue; or
7. the requested information can be reasonably obtained through other means less likely to
intrude on a person’s privacy.
In determining the relevance of evidence, consent to one form of sexual activity (or one sexual
act) does not constitute consent to other forms of sexual activity, and consent given to sexual
activity on one occasion does not constitute consent on another occasion.
Article IV. Review of Evidence
Before issuing a final investigation report (Final Investigation Report), the Investigator will share
with the Complainant and Respondent a preliminary report of the evidence, along with all
relevant evidence gathered as described above (Preliminary Investigation Report), redacted if
and to the extent required by law. The Preliminary Investigation Report will: (a) describe the
allegations; (b) identify the material facts – undisputed and disputed – with explanations as to
why any material fact is disputed; and (c) describe the evidence presented and considered.
The Investigator may use discretion in determining how to provide access to the Preliminary
Investigation Report with the Parties in light of the particular circumstances and any Party or
witness privacy concerns. The Preliminary Investigation Report will also identify any evidence
offered by the Parties or any other witnesses that the Investigator concluded is not relevant to a
material disputed fact, and will briefly explain why it is not relevant. Such evidence need not be
attached to the report, but will be available for reasonable review upon request during the review
of evidence process.
This process is collectively referred to as the “Review of Evidence.”
Each Party will be given a reasonable opportunity to respond to the list of disputed facts and
evidence and ask questions. In particular, each Party may:
1. meet again with the Investigator;
2. identify additional disputed facts;
3. respond to the evidence in writing;
Executive Order 1096
Revised March 29, 2019
Addendum
Page 37 of 46
4. request that the Investigator ask specific questions to the other Party and other witnesses;
5. identify additional witnesses; and
6. request that the Investigator gather additional evidence.
The Investigator will share with the Parties the answers to questions posed during the Review of
Evidence. If additional disputed material facts are identified or relevant evidence is gathered, it
will be included in the Preliminary Investigation Report (or in a separate addendum) and shared
with all Parties, who will be given a reasonable opportunity to respond to the new evidence and
ask questions. The Investigator determines when it is appropriate to conclude the Review of
Evidence.
Article V. Investigation Report, Pre-Hearing Disposition, and Scheduling of Hearing
1. 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 documentary or other tangible evidence provided
by the Parties or witnesses, or otherwise gathered by the Investigator will be attached to
the Final Investigation Report as exhibits or otherwise made available for reasonable
review by the Parties and at the hearing. Evidence offered by the Parties or any other
witnesses that the Investigator concluded is not relevant to a material disputed fact will
also be accessible to the Hearing Officer during the hearing.
2. Absent good cause (of which the Parties will receive written notice): (i) the investigation
should be concluded within 90 Working Days from the date that Notice of Investigation
is provided to the Parties; and (ii) the Final Investigation Report should be completed and
provided to the Parties within 10 Working Days after the Review of Evidence has
concluded. Any extensions will be granted, and notice to the Parties given, as set forth in
Article V. E. of EO 1096 and EO 1097.
3. If assigned to another Investigator, the Title IX Coordinator will monitor, supervise, and
oversee all delegated tasks, including reviewing all draft reports before they are finalized
to ensure that the investigation was sufficient, appropriate, impartial, and in compliance
with the relevant Executive Order, including this Addendum.
4. Within 10 Working Days after the Parties have been provided the Final Investigation
Report, the Parties will be informed of the timelines that will apply to the pre-hearing and
hearing processes described in Article VII below.
Executive Order 1096
Revised March 29, 2019
Addendum
Page 38 of 46
Article VI. Early Resolution
32
If the Title IX Coordinator or either Party believes that it may be possible to resolve the
Complaint in a prompt, fair, and reasonable manner without a hearing, the Title IX Coordinator
may suggest that the Parties consider an Early Resolution subject to the following:
1. both Parties must agree to engage in the Early Resolution process;
2. any agreed-upon remedies and disciplinary sanctions will have the force and effect of
sanctions imposed following a Hearing;
3. the terms of any resolution must be memorialized in writing and signed by the Parties and
the Title IX Coordinator; and
4. the resolution will be final and not appealable by either Party.
Article VII. Pre-Hearing and Hearing Processes
1. The Student Conduct Administrator, Title IX Coordinator, or other appropriate
Administrator (Hearing Coordinator) will be responsible for coordinating the hearing
process. The Hearing Coordinator’s duties will include: scheduling the hearing; notifying
witnesses of the hearing; ensuring that the Hearing Officer is provided with appropriate
materials including a copy of the report and any exhibits; coordinating videoconferencing
(if necessary); and securing a location for the hearing. The Hearing Coordinator will also
act as liaison between the Parties and the Hearing Officer on procedural matters.
2. The Parties will be given written notice of the date, time, and location of the hearing as
well as the identity of the Hearing Officer. Notification of the hearing will be sent to the
designated CSU campus e-mail address, unless the recipient has specifically requested in
writing to the Hearing Coordinator that notice be given to a different e-mail address.
Communications will be deemed received on the date sent. The hearing will not be set
sooner than 15 Working Days after the date of notice of hearing.
3. Timelines:
Hearing Officer
Any objections to an appointed Hearing Officer will be made in writing to the
Hearing Coordinator within 5 Working Days after notice of the identity of the
Hearing Officer has been provided.
The objection must be based on an actual conflict of interest. A conflict of
interest exists if the Hearing Officer has a personal relationship with one of the
32
The Early Resolution process is available at any time prior to the issuance of the Hearing Officer’s Report.
Executive Order 1096
Revised March 29, 2019
Addendum
Page 39 of 46
Parties or witnesses or has demonstrated actual bias towards a Party or witness.
The fact that a Hearing Officer has previously served as a Hearing Officer in
university proceedings will not constitute a conflict of interest. The Hearing
Coordinator will determine if a conflict of interest exists. 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 in accordance with this section.
Hearing Process
No later than 10 Working Days before the hearing, each Party will:
a. Provide to the Hearing Coordinator the name of, and contact information
for, the Party’s advisor and support person (if any);
b. Make any requests to the Hearing Coordinator to consolidate pending
cases for hearing;
c. 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’s testimony and the disputed issue to which the witness’s
testimony relates. Absent extenuating circumstances, such witnesses
should have been identified to the investigator during the investigation
process, and referenced in the investigation report.
The Hearing Officer will make all determinations regarding pre-hearing
matters, including witness participation and questions, and will promptly
notify the Hearing Coordinator who, in turn, will promptly notify the
Parties.
No later than 5 Working Days before the hearing, the Hearing Coordinator will:
a. Share a final witness list with the Parties.
b. Notify each witness of the date, time and location of the hearing.
Witnesses will be instructed to attend the hearing and to promptly direct
any questions or concerns about their attendance at the hearing to the
Hearing Coordinator.
No later than 5 Working Days prior to the hearing, the Parties will submit a list
of proposed questions to the Hearing Coordinator.
No later than 3 Working Days before the hearing, the Parties will submit to the
Hearing Coordinator any: (i) objections to, or questions about, the witness list or
Executive Order 1096
Revised March 29, 2019
Addendum
Page 40 of 46
(ii) requests for permission to participate in the hearing remotely or out of the
physical presence of the other Party. All communications will be in writing.
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.
The hearing is closed to all persons except the Parties; the Parties’ respective
Advisors; one support person per Party; appropriate witnesses while they are
testifying; the Student Conduct Administrator; Title IX Coordinator; Hearing
Officer; and Hearing Coordinator. A CSU administrator may also be present, but
will not participate in the hearing. Campus police or a security officer may also
be present if deemed appropriate or necessary by the Vice President for Student
Affairs, Hearing Coordinator or Hearing Officer. The University will take
reasonable steps to instruct witnesses employed by the University to attend the
hearing, and to arrange for such witnesses to be available to attend, provided that
such employee witnesses are timely identified to the Hearing Coordinator in
accordance with this Executive Order.
4. The University will instruct Student witnesses to attend the hearing, provided that such
Student witnesses are timely identified to the Hearing Coordinator in accordance with
this Executive Order. Students who fail to comply may be subject to discipline,
depending on the circumstances. The University will take reasonable steps to
accommodate Student witnesses including arranging for them to be excused from class
attendance, if necessary.
5. The hearing will commence with an overview of the hearing process given by the
Hearing Officer, after which the Parties will be given an opportunity to ask questions
about the hearing process. Generally, the Investigator or the Title IX Coordinator (if not
the Investigator) will be the first witness and will describe the complaint, investigation
process, and summarize the evidence. Each Party will be given an opportunity to make an
opening statement that will last no longer than 10 minutes. The Advisor and any support
person are not permitted to make the opening statement or speak during the hearing. The
Parties will not make closing statements.
6. The Hearing Officer may ask questions of the Complainant, Respondent, Investigator,
any University official (e.g., Title IX Coordinator or Student Conduct Administrator),
and any witness.
a. The Complainant and Respondent may be present at all times during the hearing
unless the Hearing Officer determines that a Party should be excused for
extraordinary circumstances.
b. As set forth above, the Parties will give the Hearing Coordinator a written list of
any questions that they would like the Hearing Officer to ask the witnesses. The
Executive Order 1096
Revised March 29, 2019
Addendum
Page 41 of 46
Parties may also propose follow-up questions to the Hearing Officer during the
hearing, at appropriate times designated by the Hearing Officer.
c. The Hearing Officer will ask the questions proposed by the Parties except for
questions that:
i. seek information about the Complainant’s sexual history with anyone
other than the Respondent (unless such evidence about the Complainant’s
sexual behavior is offered to prove that someone other than the
Respondent committed the alleged misconduct);
ii. seek information about the Respondent’s sexual history with anyone other
than the Complainant, unless such information is used to prove motive or
pattern of conduct;
iii. seek information that is unreasonably duplicative of evidence in the
Hearing Officer’s possession; or
iv. the Hearing Officer determines are not relevant to material disputed
issues, are argumentative or harassing or unduly intrude on a witness’s
privacy.
d. The Hearing Officer has discretion to modify or change the wording of a question
proposed by a Party (for example, when a question is unclear or inappropriate in
tone) as long as the substance of the question is preserved.
e. The Parties will address any questions, concerns or objections about a question
(or line of questioning) to the Hearing Officer who will use their discretion to
resolve any issues consistent with the Executive Order. Advisors may not speak
on behalf of a Party.
f. Formal rules of evidence applied in courtroom proceedings (e.g., California
Evidence Code) do not apply in the hearing. All information that responsible
persons are accustomed to rely upon in the conduct of serious affairs is
considered.
7. Hearsay may be considered, but will only be given the weight appropriate under all of the
circumstances, with due consideration given to the importance of credibility assessment.
Absent extenuating circumstances, the Hearing Officer will not rely on prior statements
made by the Parties or witnesses during the investigation whose credibility is central to
the determination unless those Parties or witnesses make themselves available for
examination by the Hearing Officer.
Executive Order 1096
Revised March 29, 2019
Addendum
Page 42 of 46
8. The Hearing Officer will not, prior to preparing the Hearing Officer’s Report (described
below), have substantive communications about the facts of the case with either Party or
the Investigator unless in the presence of both Parties and a University official (e.g.,
Hearing Coordinator, Title IX Coordinator or Student Conduct Administrator).
9. New evidence not reasonably available at the time of the investigation to the Party
seeking to introduce the evidence may be considered in the Hearing Officer’s discretion.
10. The Hearing Officer will make an official audio recording of the hearing. The recording
is University property. No other recording of the hearing is permitted. The audio
recording will be retained by the Hearing Coordinator or designee in accordance with the
Campus records/information retention and disposition schedule.
11. If either Party fails to appear at the hearing without good cause the hearing will
nevertheless proceed. Whether good cause exists is determined by the Hearing Officer.
12. The Respondent will not be found to have violated University policy solely because the
Respondent failed to appear at the hearing. Nor will the Respondent be found not to have
violated the University policy solely because a Complainant or other witness failed to
appear at the hearing.
13. Abusive or otherwise disorderly behavior that causes a material disruption is not
tolerated. The Hearing Officer may eject or exclude anyone (including either Party, their
advisors, and support persons) whose behavior causes a material disruption.
14. The Hearing Officer controls the hearing, is responsible for maintaining order during the
hearing, and makes whatever rulings are necessary to ensure a fair hearing. The Hearing
Officer's decisions in this regard are final.
15. Where there is more than one Respondent or Complainant in connection with a single
occurrence or related multiple occurrences, the Hearing Officer and the Parties may agree
to a single hearing. A Party may request consolidation with other cases, or the Student
Conduct Administrator may initiate the consolidation (subject to FERPA and other
applicable privacy laws). All such requests will be made in accordance with timelines set
forth in this section. The Hearing Officer makes consolidation decisions, which are
subject to review by the Vice President of Student Affairs or designee.
Article VIII. Standard of Proof, Report, and Hearing Officer’s Report
1. After the hearing, the Hearing Officer will make findings of fact and conclusions about
whether the Respondent violated University Policy (Hearing Officer’s Report). The
standard of proof the Hearing Officer will use is whether each allegation is substantiated
by a Preponderance of the Evidence. The Title IX Coordinator will review the Hearing
Officer’s Report to ensure compliance with this Executive Order. The Hearing
Coordinator will transmit the Hearing Officer’s Report promptly to the Parties, the Title
Executive Order 1096
Revised March 29, 2019
Addendum
Page 43 of 46
IX Coordinator, and the Student Conduct Administrator, usually within 10 Working
Days of the close of the hearing. If no violation is found, the president (or designee) will
also be notified.
2. If a violation is found, within 5 Working Days of receiving such finding the Parties may
submit to the Hearing Coordinator an impact statement or other statement regarding
discipline that is no more than 2000 words in length. The document 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 Student Conduct Administrator
and/or Title IX Coordinator may also submit a written statement regarding aggravating
and mitigating factors, including whether the Respondent was previously found to have
violated the Student Code of Conduct.
3. Within 5 Working Days after receiving and considering any impact or other statements
submitted by the Parties and other statements described above, the Hearing Officer will
submit the Hearing Officer’s Report to the president (or designee), including
recommended sanctions (as defined in EO 1098) if a Respondent has been determined to
have violated University policy. The Hearing Officer’s Report will attach the
Investigation Report and will include:
a. the factual allegations and alleged policy violations;
b. the Preponderance of the Evidence standard;
c. the evidence considered including an analysis of the credibility of the Parties and
witnesses, when credibility assessments are required to resolve factual disputes;
d. 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;
e. a list of all questions proposed by the Parties at the hearing, and if any questions
were not asked, why;
f. a summary of the procedural issues raised by the Parties before or during the
hearing;
g. the factual findings and the evidence on which the factual findings are based;
h. to the extent that the factual findings required a determination concerning of the
relative credibility or lack of credibility of the Parties or witnesses, an explanation
as to how that determination was reached; and
i. a determination of whether the Executive Order was violated and an analysis of
the basis for that determination.
Executive Order 1096
Revised March 29, 2019
Addendum
Page 44 of 46
Article IX. Final Decision/Notification
In cases where the Hearing Officer has found a violation of policy, the president (or designee)
will review the Investigation Report and the Hearing Officer’s Report and issue a decision
concerning the appropriate sanction within 10 Working Days of receipt of the Hearing Officer’s
Report.
1. The president 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, the president must set forth the reasons in the
Decision Letter.
2. The president will simultaneously send the Decision Letter electronically to the
Respondent and Complainant at the University-assigned or other primary e-mail address
linked to their University accounts.
33
The decision will also be sent to the Student
Conduct Administrator and the Hearing Officer.
3. The Decision Letter will include:
a. the outcome of the hearing, including any sanction imposed, and the name of the
Respondent(s);
b. a copy of the Hearing Officer’s Report, redacted as appropriate or as otherwise
required by law; and
c. notice of the Complainant’s and Respondent’s right to appeal to the CO.
4. The president will also send the Decision Letter to the Title IX Coordinator so that they
may determine whether any additional Remedies (or other supportive measure) will be
afforded or undertaken in order to maintain a safe and nondiscriminatory University
environment.
5. Unless the CO notifies the campus and Parties that an appeal has been filed, the
president’s sanction decision becomes final 11 Working Days after the date of the
Decision Letter.
33
The 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.).
Executive Order 1096
Revised March 29, 2019
Addendum
Page 45 of 46
Article X. Appeal of Decision
A. Filing an Appeal to the CO. Any Complainant or Respondent who is not satisfied with a
Campus hearing outcome may file an appeal with the CO no later than 10 Working Days after
the date of the Decision Letter.
B. Written Appeal. The appeal will be in writing and will be based only on one or more of the
appeal issues listed below:
1. The hearing outcome is not supported by substantial evidence (in other words, there
was no reasonable basis for such findings or conclusions);
2. Prejudicial procedural errors impacted the hearing outcome to such a degree that the
hearing did not comply with this Executive Order;
3. New evidence that was not reasonably available at the time of the hearing and would
have affected the Hearing Officer’s decision about whether the Respondent violated
CSU policy; or
4. The sanction(s) imposed constituted an abuse of discretion based on the substantiated
conduct.
C. Issues and Evidence on Appeal. The issues and evidence raised on appeal will be limited to
those raised and identified during the hearing, unless new evidence becomes available after the
Campus hearing process and is made part of the appeal by the appealing party. The CO may
conduct an interview, at the CO’s discretion, with the appealing party and/or the Campus to
clarify the written appeal. Appeals will be addressed to:
Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore, 4th Floor
Long Beach, California 90802
eo-wbappeals@calstate.edu
D. Acknowledgement of Appeal. The CO will provide prompt written acknowledgement of the
receipt of the appeal to the appealing Party, and will provide prompt written notification of the
appeal, including a copy of the appeal, to the non-appealing Party and the Campus Title IX
Coordinator. The notice will include the right of the non-appealing Party and the Campus to
provide a response to the appeal within 10 Working Days of the date of the notice.
E. Reasonable Accommodation. The CO 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 under these
Executive Order 1096
Revised March 29, 2019
Addendum
Page 46 of 46
procedures. The timeframe for the CO Appeal Response will automatically be adjusted for the
time needed, if any, to provide reasonable accommodations.
F. Scope of CO Review. The CO review will not involve a new hearing by the CO and will not
consider evidence that was not introduced during the Campus hearing, unless the new evidence
was not reasonably available at the time of the Campus hearing process. The CO may make
reasonable inquiries to determine if the new evidence could have affected the hearing
determination. If the CO review determines the hearing should be reopened to cure any defects in
the hearing and/or consider new evidence introduced for the first time on appeal (that could have
affected the hearing determination), the matter will be remanded back to the Campus and the
hearing reopened at the Campus level. Under very limited circumstances, the CO can reverse the
Hearing Officer’s decision, provided that the factual findings remain intact.
G. Reopening a Campus Hearing. The CO will return the matter to the Campus and will
specify in writing the timeline by which a reopened hearing must be completed. The CO will
simultaneously notify the Parties of the reopening of the hearing and the timeline for completion
of the reopened hearing. The Campus will complete the reopened hearing and provide the CO
with an amended Hearing Officer’s Report. The Campus will also provide the Parties with
amended Notices of Hearing Outcome, and such Notices will provide the Parties the opportunity
to appeal any new or amended findings, in accordance with this Executive Order. Upon receipt
of the amended hearing report, the CO will contact the appealing party to determine whether that
Party wishes to continue with the appeal.
H. Reversal by CO. If the hearing outcome (determination regarding policy violation) is not
supported by the facts as determined by the Hearing Officer, the CO may vacate and reverse the
Hearing Officer’s decision, but only with respect to whether University policy was violated.
I. Timeline. The CO will respond to the appealing Party no later than 30 Working Days after
receipt of the written appeal unless the timeline has been extended as specified in Article V, E. of
EO 1096 and 1097.
J. CO Appeal Response. The CO Appeal Response will include a summary of the issues raised
on appeal, a summary of the evidence considered, the scope of review, and the determination(s)
reached regarding the issue(s) identified within the written appeal. A copy of the final CO
Appeal Response will be forwarded to the Complainant and Respondent, as well as the Campus
Title IX Coordinator. The CO Appeal Response is final and concludes the Complaint and CO
review process under this Executive Order.
K. Notifications to the Parties. The Complainant and the Respondent will be simultaneously
informed, in writing, whenever there is a change to the outcome of the proceedings (findings
and/or sanctions).
First Name
Executive Order 1096
Revised March 29, 2019
Attachment A
COMPLAINT
FORM
Instructions: This complaint form is for use by individuals who are eligible to file a complaint of Discrimination, Harassment, Retaliation,
Sexual Misconduct, Dating or Domestic Violence or Stalking under Executive Order 1097. Please fill in all of the information requested
below as completely as possible and attach additional pages to this form, if necessary.
CSU Campus
Work Phone
Last Name MI
Mailing Address
City
Cell Phone
Home Phone
Best time to call: AM/PM
State Zip Code
E-mail
What is your relationship with the California State University campus listed above?
Current Employee?
Was Early Resolution sought?
Indicate the type(s) of complaint being filed:
Retaliation
If you are filing a Retaliation complaint, indicate the activity(ies) you engaged in that was/were the basis(es) for the alleged Retaliation.
Page 1 of 3
Yes No Former Employee? Yes No
Last date of employment
An Applicant for employment? Yes No A Third Party? Yes No
Please specify your relationship with the University:
Yes No
If yes, with whom:
Date
Discrimination Harassment
Sexual Misconduct Dating Violence Domestic Violence Stalking
If you are filing a Discrimination or Harassment complaint, indicate the Protected Status(es) that was/were the basis(es) of the alleged
Discrimination or Harassment (Please select all that apply):
Medical Condition
Genetic Information
Age
Race/Color
National Origin/Ancestry
Marital Status
Religion
Gender / Sex
Gender Identity/Expression
Sexual Orientation
Disability
Military/Veteran Status
COMPLAINT FORM
1. Identify the Respondent(s) against whom your complaint is made. For each Respondent, provide the identifying information requested
below.
Respondent's name:
Relationship/Association with the campus:
Relationship/Association to you:
2. Describe the incident(s) or event(s), date(s), time(s), and location(s) giving rise to your complaint.
3. Describe the specific harm you have suffered resulting from the incident(s).
4. What did you or others do to try to resolve the issue? What was the outcome?
5. Identify individuals who may have observed or witnessed the incident(s) that you described.
Last Name First Name MI
Telephone
Position/
Cell Phone
Job Title
E-mail
Last Name First Name MI
Telephone
Position/
Cell Phone
Job Title
E-mail
Page 2 of 3
Executive Order 1096 Revised
March 29, 2019
Attachment A
COMPLAINT
FORM
6. Do you have any documents or electronic communications (including text messages or email) that support your complaint?
Yes No
(Please list and attach a copy.)
7. Do you have any physical evidence (such as
photographs, videos, blood
tests or rape kits) that support your complaint? (Please describe.)
8. Describe the outcome(s) you expect from filing your complaint. Be as specific as possible.
You may elect to have an Advisor present at meeting(s) and/or interview(s) which may be a Sexual Assault Victim’s Advocate. If you
indicate you will have an Advisor, you are authorizing that individual to accompany you to any meeting(s) and/or interview(s) regarding this
complaint. The role of the Advisor is limited to observing and consulting with you.
9. If you will be accompanied by an Advisor, please provide the name and telephone number.
Last Name
Print
n
ame
of
Complainant
Signature of Complainant
Date
For University Use Only: Date Complaint Received Signature
Page 3 of 3
Executive Order 1096 Revised
March 29, 2019
Attachment A
First Name MI
Telephone
Cell Phone
CERTIFICATION
I certify that the information given in this complaint is true and correct to the best of my knowledge or belief.
Executive Order 1096
Revised March 29, 2019
Attachment B
Executive Order 1096 Procedure Timeline
Page 1 of 2
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.
Executive Order 1096
Revised March 29, 2019
Attachment B
Executive Order 1096 Procedure Timeline
Page 2 of 2
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 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.
***Note that for matters that fall under the scope of the 2019 Addendum, these timelines are not
applicable. Please contact your campus Title IX Coordinator for additional guidance.
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