Investigation Process
CSU Nondiscrimination Policy outlines a Track system for addressing reports of discrimination
- Meets the definition of Sexual Harassment as below of the Nondiscrimination Policy; and
- Occurred in the United States; and
- Occurred in an education program or activity at the university, as defined in Track 1
Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:
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- An Employee conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;
- Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.
- Sexual Assault includes the following:
- Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.
- Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity.
- Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent.
The definition of Affirmative Consent is that under Article VII.A.3.
- Dating Violence means physical violence or threat of physical violence committed by a person:
- who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship.
- The type of relationship.
- The frequency of interaction between the persons involved in the relationship.
- Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.
- Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- fear for their safety or the safety of others; or
- suffer substantial emotional distress.
Track 2: State Mandated Hearing Process - applies when:
- The Complaint is against a Student; and
- The Complaint is one of Sexual Misconduct, Dating Violence, or Domestic Violence; and
- The credibility of one (or both) of the Complainant and the Respondent ("the Parties") , or any witness is central to the determination as to whether the Student violated the Nondiscrimination Policy; and
- The Student is facing a severe disciplinary sanction (expulsion or suspension) if found to be in violation of the Nondiscrimination Policy.
An Investigator will first interview the Complainant, the Respondent, and any witnesses, and gather any documentary evidence. The hearing will occur once an investigation has finished. During the hearing, a hearing officer listens to the witnesses, including the Complainant and the Respondent, and analyzes the evidence, before deciding whether or not the Respondent violated the Nondiscrimination Policy. This hearing process has the hearing officer conducting all questioning for the hearing.
Track 3: Non-Hearing Process (AKA Investigator Model) - applies to all other Complaints that allege a Nondiscrimination Policy violation.
Under this track, an Investigator interviews the Complainant, the Respondent, and any witnesses, gathers any documentary evidence, analyzes the evidence, and decides whether or not the Respondent violated the Nondiscrimination Policy. There is no hearing in these cases.