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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.

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.

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.

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.

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,

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.

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.

These professionals

will explain this limited exception to victims, if applicable.

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.”

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.

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;

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.

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

See Cal. Evid. Code § 1024.

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).

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

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.

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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.

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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:

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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.

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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

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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

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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.

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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.

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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.

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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.

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.

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.

This may include someone

See Cal. Gov. Code § 12926(b).

See 34 C.F.R. 110.3

See Cal. Penal Code § 13700 (b).

Executive Order 1096

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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.

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

See Cal. Code Regs. Title 5 § 42720 et seq.

Executive Order 1096

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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.

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.

R. Gender means sex, and includes Gender Identity, Gender Expression, and transgender. It

also includes sex stereotyping.

Sex includes, but is not limited to, pregnancy, childbirth, breastfeeding or any related

medical condition(s).

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.

See Cal. Penal Code § 13700(b) and Cal. Family Code § 6211.

See Cal. Code Regs. Title 5 § 42700(h).

See Cal. Govt. Code § 12926(r).

See Cal. Gov. Code § 12926(r); 34 C.F. R. 106.40

Executive Order 1096

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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

• 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,

See Cal. Govt. Code § 12926(g).

Executive Order 1096

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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.

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

See 2 Cal. Code Regs.§11053,

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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.

Medical Condition is a Protected Status.

X. Nationality includes citizenship, country of origin, and national origin.

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.

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.

Religion or Religious Creed is a Protected Status.

See Cal. Govt. Code § 12926 (i).

See Cal. Govt. Code § 12926(o).

See Cal. Govt. Code § 12926(q).

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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

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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.

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

See Cal. Evid. Code §§ 1035.2 and 1035.4.

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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.

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.

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.)

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.)

See Cal. Penal Code § 240.

See Cal. Penal Code § 242.

See Cal. Penal Code §§ 261-263.

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JJ. Sexual Orientation means one’s preference in sexual partners and includes

heterosexuality, homosexuality, or bisexuality.

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.

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

, 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

See Cal. Govt. Code § 12926(s).

See Cal. Penal Code § 646.9

See 5 Cal. Code Regs. § 42406.

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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.

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.

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”);

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).

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.

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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;

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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;

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Addendum

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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.

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Addendum

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Article VI. Early Resolution

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

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.

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.

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

ame

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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