CSU Nondiscrimination Policy and Process

Report an Incident

Students, employees, or third parties who have experienced alleged Discrimination or Harassment based on any Protected Status, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation have the option to report the alleged misconduct to the Office for Civil Rights and Equity by filling out an online report form, emailing civilrights@fullerton.edu, calling (657) 278-2121, or visiting College Park 205 during regular business hours.  

Responsible Employees are defined as all CSUF Employees, with the exception of physicians, licensed counselors and social workers, and Campus Confidential Advocates, who have a responsibility to report to the Office for Civil Rights and Equity when they know or have reason to know of allegations of alleged misconduct that is either sexual in nature or related to any Protected Status, such as Age, Disability, Gender, Gender Identity, Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status. Responsible Employees can fulfill their reporting obligations by filling out an online report form , emailing civilrights@fullerton.edu , calling (657) 278-2121, or visiting College Park 205 during regular business hours.  

Reports of alleged violations of the CSU Nondiscrimination Policy do not automatically initiate an investigation or other formal resolution process. Instead, a self-report, report by a Responsible Employee, or report by another concerned individual is cause for the Office for Civil Rights and Equity to identify and reach out to the person who may have been harmed, as described in the "Initial Outreach Following a Report" tab.  

Initial Outreach Following a Report

After the Office for Civil Rights and Equity receives a report alleging a possible violation of the CSU Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator or Case Manager in the Office for Civil Rights and Equity will invite the person who may have experienced harm, referred to as the Complainant, to an in-person or virtual Intake Meeting. Complainants can expect outreach to their CSUF email address. The Complainant has the choice of participating in the Intake Meeting as described in the "Intake Meeting" tab.

Individuals who may have experienced Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking may request Supportive Measures at this stage, even if they do not meet with the Office for Civil Rights and Equity, by submitting a request for Supportive Measures, if applicable, through the Campus Confidential Advocates. Individuals impacted by possible Sexual Misconduct, Sexual Assault, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking will receive specific information about their rights and options as outlined in Attachment D of the CSU Nondiscrimination Policy both in the initial outreach email from the Office for Civil Rights and Equity and during any Intake Meeting they may choose to attend.

At this point, neither an Informal Resolution process nor a formal resolution process has been initiated. 

Intake Meeting

If the person who may have been impacted by alleged misconduct (the Complainant) chooses to respond to initial outreach, the Title IX Coordinator/DHR Administrator or a Case Manager in the Office for Civil Rights and Equity will meet with the Complainant as soon as possible to discuss the following:

1. The incident in question,
2. The Complainant's rights, including having an Advisor present throughout the process,
3. The option to file a Complaint and request an investigation,
4. The applicable investigation procedure and timeline,
5. Available and applicable Supportive Measures and resources.

Complainants have the right to have any one person of their choice accompany them to the Intake Meeting as their Advisor. Complainants have the option to have a Campus Confidential Advocate serve as their Advisor at the Intake Meeting (and any future meetings) when discussing alleged Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, and  they will receive information about their rights and options outlined in Attachment D of the CSU Nondiscrimination Policy.

Complainants do not need to decide what action(s) to take, if any, during the Intake Meeting.

Supportive Measures

Supportive Measures are individualized services provided to a Complainant or Respondent as appropriate and when reasonably available. Supportive Measures are designed to promote safety and restore or preserve equal access to CSU programs and activities, including classes, extracurriculars, and employment. Those impacted by either alleged misconduct or a resolution process may access Supportive Measures by directly communicating with the Office for Civil Rights and Equity or through the Campus Confidential Advocates, if applicable. Supportive Measures may include No-Contact Directives, referrals to resources, and adjustments to academic, living, or working situations. Supportive Measures are available regardless of whether a Complaint is filed, and they are available before, during, after, and outside of any investigation process or Informal Resolution process through CSUF.

Requesting an Investigation

Complainants can request that the Office for Civil Rights and Equity initiate a formal investigation or Informal Resolution process to address an alleged violation(s) of the CSU Nondiscrimination Policy. Usually, Complainants who choose to request a formal investigation or Informal Resolution do so after an Intake Meeting. Once an investigation is requested, the Title IX Coordinator/DHR Administrator will review the Complaint and determine whether to proceed with an investigation, or to refer the matter to another office or process. The Title IX Coordinator/DHR Administrator considers which set of procedures outlined in the CSU Nondiscrimination Policy is appropriate for any investigation that will take place through the Office for Civil Rights and Equity. Complainants are still able to access Supportive Measures even if the matter is not investigated through the Office for Civil Rights and Equity. 

Notice of Investigation

If the Title IX Coordinator/DHR Administrator determines that a request for an investigation will be fulfilled, or if the Title IX Coordinator/DHR Administrator determines that an investigation is necessary, the Office for Civil Rights and Equity will then send written notification letters of next steps to both the Complainant and the person alleged to have violated policy, who is referred to as the Respondent. This is often the first time that the Respondent receives communications regarding the reported concern from the Office for Civil Rights and Equity. Both the Complainant and the Respondent, collectively called the Parties, can expect to receive a Notice of Investigation to their CSU email address that includes a summary of allegations, applicable policy definitions, the Parties’ rights and options for participating or not participating in the investigation, applicable investigation timeline and procedures, and basic principles of the process. The Notice letters also describe how to access services for alleged Retaliation and outline other available resources. The Notice letters sent to the Parties will identify the Investigator assigned to the matter and informs the Parties about next steps for scheduling an initial meeting with the Investigator. 

Initial Meeting with Investigator

The Investigator meets separately with the Complainant and Respondent to discuss the Notice of Investigation letter and what to expect. The Parties may each have an Advisor accompany them during the initial and subsequent meetings with the Investigator. The initial meeting prepares each of the Parties to engage in an investigative interview if they choose to do so. The Investigator discusses the following in the initial meeting: an overview of the Parties’ rights (including their right to an Advisor and their right to equal opportunities for participation), expectations for the investigation and communications, key concepts such as Retaliation and Supportive Measures, an overview of milestones based on the applicable procedures that the investigation will adhere to per CSU policy, any Informal Resolution options that may be applicable (which the Parties may pursue simultaneously until the matter reaches resolution), and any questions the Parties may have. 

Investigation

The Investigator begins the investigation by inviting the Parties and any relevant witnesses to participate in investigative interviews. Both the Complainant and the Respondent may choose not to participate, but witnesses to the alleged misconduct are required to participate in investigative interviews. Investigations must be completed withing 100 working days, with extensions only as deemed necessary by the Title IX Coordinator/DHR Administrator, although the assigned Investigator strives to complete investigations before that deadline. Timelines usually depend on the number of people being interviewed, the amount of information to gather, and the availability of those who are participating. The Investigator takes reasonable steps to gather all relevant evidence from the Parties, other witnesses, and other sources. The Investigator documents these efforts and provides regular updates to the Parties. Witnesses and others who are not a Complainant or Respondent in the process will not receive such updates. Before finalizing the investigation, the Investigator will share with the Complainant and Respondent a Preliminary Investigation Report, along with relevant evidence gathered, so that the Parties have equal opportunities to review the information gathered to date. This stage of the process is called Review of Evidence, and it is a central component of the process. After the Investigator determines that it is appropriate to close Review of Evidence, the Investigator develops the Final Investigation Report. Depending on the applicable procedures outlined in the Notice of Investigation letters, some investigations lead to a hearing to determine whether it is more likely than not a violation occurred. Other investigations involve the Investigator analyzing all information and including that analysis in the Final Investigation Report.

Hearing (As Applicable)

Depending on the applicable procedures outlined in the Notice of Investigation letters sent to the Complainant and Respondent at the outset of the process, some matters require an administrative hearing to conclude the formal resolution process. For matters that will proceed to a hearing, the Investigator completes the Final Investigation Report, and then the Title IX Coordinator/DHR Administrator will notify the Parties of a scheduled date, time, location, participants, and purpose of the hearing. The person who facilitates the hearing and serves as the decision-maker is called the Hearing Officer. The Hearing Officer is generally appointed by the CSU Chancellor’s Office. Hearings are conducted using videoconferencing technology (such as Zoom), so the Parties may remain physically separate but are still able to hear and participate in all hearing proceedings. Both Parties may have an Advisor present throughout the proceeding. The Hearing Officer will facilitate periods of time for questions and opportunities for the Parties and any identified, invited witnesses to share their accounts. After the hearing concludes, the Hearing Officer will analyze the information from the investigation and the hearing to determine whether the Respondent violated the CSU Nondiscrimination Policy according to the Preponderance of the Evidence standard. After the Hearing Officer completes their analysis in writing, and Parties receive a written notice of the hearing outcome.

Appeal Process and Conclusion

After an investigation is complete, the Title IX Coordinator/DHR Administrator provides the outcome to the Parties in writing. As appropriate, the Title IX Coordinator/DHR Administrator will inform the Parties that there is an opportunity to appeal the decision before it is finalized. The Title IX Coordinator/DHR Administrator will provide the Parties with instructions on how to properly submit an appeal, if applicable, to the CSU Chancellor's Office. Information about who can potentially appeal, how to appeal, and an overview of applicable timeframe for an appeal process are outlined in the applicable procedures per the CSU Nondiscrimination Policy. After the appeal process completes or the appeal window closes without an appeal, the Parties are informed of the final decision in writing.