General Provisions for Investigation/Review of Complaints
- All investigations and reviews shall be conducted impartially and in good faith.
- Fresno State students and employees are required to cooperate with the investigation and other processes, 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 Accused refuse to cooperate, Fresno State may draw all reasonable inferences and conclusions on the basis of all available evidence and conclude the investigation/review.
- A Student shall proceed with a Complaint in good faith. A Student who knowingly and intentionally files a false Complaint or gives false statements shall be subject to discipline in accordance with California State Law. Such disciplinary action shall not be deemed to be Retaliation.
- Both the Student and Accused shall have the right to identify witnesses and other evidence for consideration; however, Fresno State shall decide what evidence (if any) is relevant and significant to the issues raised.
- If the Student, the Accused, a witness, the Investigator, CO designee, or other necessary person involved in the Complaint process is unavailable due to any reason deemed to be legitimate by the Investigator/CO designee, the timelines stated herein will be automatically adjusted for a reasonable time period that should not exceed an additional 30 Working Days. The Student and Accused shall receive written notification of any period of extension.
- Timelines set forth herein may also be extended by mutual agreement. If the Student does not agree or does not respond to the University’s request for an extension, the University shall respond to the Complaint or appeal within the timelines set forth herein. Any such response shall be interim in nature as it will be based upon the information available at the time. The interim response shall note that the investigation or review is continuing until the University is satisfied that its duty to respond to the allegation(s) has been appropriately discharged. The interim response shall include a summary of the allegations, a description of the investigative and review process, and shall also provide the Student with an anticipated date of completion.
- When submitting a Complaint or issuing a Level I or II decision, personal delivery, overnight delivery service, or certified mail shall be used. If personal delivery is used, a signature acknowledging the calendar date of delivery shall be obtained 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.
- The University is not obligated to investigate when no Complaint is filed, or when a Complaint is not timely filed. Nevertheless, if the University determines the circumstances warrant an investigation, the University shall investigate the underlying allegations of any Discrimination, Harassment or Retaliation Complaint. The University may in its discretion waive the time limits for filing a Complaint and choose to process the Complaint under this Executive Order. In the event that the University determines an investigation is not warranted, the reasons for that decision shall be reduced to writing and retained by the University according to appropriate record retention policies.
- Where it is necessary for the Complainant or his/her Advisor to have access to specific information for the purpose of filing a complaint, the Complainant or his/her Advisor shall make a written request for such information to the Campus. The Complainant or his/her Advisor shall have access to information within the policies and procedures and laws governing confidentiality and privacy that are relevant to any issue raised in the complaint. This provision does not authorize a Complainant access to the personal files of another without the written consent of that person.
Fresno State is committed to academic freedom assuring that all persons may exercise rights of free expression, speech and assembly; however, those rights do not allow any form of unlawful discrimination, harassment or retaliation.