Student Disciplinary Proceedings
Complaint. Whenever it appears that the Student Conduct Code has been violated, an oral or written complaint should be directed to the student conduct administrator as soon as possible after the event takes place.
Investigation. The student conduct administrator shall promptly: investigate each complaint submitted; determine whether it is appropriate to charge a Student with violation of the Student Conduct Code; and consider whether the University should implement an interim suspension, withdrawal of consent to remain on Campus, no contact orders concerning one or more members of the University community, or other Interim Remedies for the protection of any Complainant/victim or witness.
Timelines. Investigations shall be concluded within 60 Working Days after a complaint has been made.
Complaints by Students alleging Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking against other Students shall be filed and investigated according to the procedures set forth in Executive Order 1097 (http://www.calstate.edu/EO/EO-1097.html). The Title IX Coordinator shall notify the student conduct administrator of the status of any such complaint or appeal to the Chancellor's Office, as well as the investigation results (including findings and any Interim Remedies afforded to the Complainant/victim), so that the student conduct administrator may determine whether to initiate student conduct proceedings.
Complaints by CSU employees or Third Parties, as defined in Executive Order 1096 (e.g., vendors, auxiliary employees or Campus visitors), alleging Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking against Students shall be filed and investigated according to the procedures set forth in Executive Order 1096 (http://www.calstate.edu/EO/EO-1096.html). The Title IX Coordinator shall notify the student conduct administrator of the status of any such complaint or appeal to the Chancellor's Office, as well as the investigation results (including findings and any Interim Remedies afforded to the Complainant/victim), so that the student conduct administrator may determine whether to initiate student conduct proceedings.
Notice of Conference and Conference
Within 10 Working Days after the student conduct administrator receives the Investigator's findings, the student conduct administrator shall notify the Student in writing that a conference has been scheduled or that the Student is directed to promptly schedule a conference with the student conduct administrator.
The Notice of Conference shall include the following information:
- The sections of the Student Conduct Code and other Campus policies that are the subject of the charges;
- A factual description of the Student's alleged conduct that forms the basis for the charges;
- The proposed sanction or range of sanctions, including in cases involving allegations of Discrimination, Harassment or Retaliation (including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking), sanctions designed to provide protection/Remedies to the Complainant/victims;
- The location on the Campus where the Student can view his or her discipline file, including the location (or copies) of the Campus policies that were violated;
- Notification of any immediate, interim suspension (see Article VI) and/or withdrawal of consent to remain on Campus;2
- Notification of the Student's right to be accompanied at the conference by a support person/advisor and the Campus policy regarding use of attorneys; and
- A copy of Executive Order 1098 or notice of where the Student may obtain a copy. If an interim suspension has been imposed or consent to remain on Campus has been withdrawn by the time the Notice of Conference is sent, a copy of Executive Order 1098 shall be enclosed, along with any other Campus policy referenced in the notice of hearing.
The conference with the Student charged and any meeting with the Complainant/victim shall be conducted as follows:
- The conference and/or meeting shall not be recorded.
- The student conduct administrator controls the conference/meeting and may exclude any advisor who materially disrupts the conference or meeting.
- The conference requirement is waived if the Student or Complainant/victim fails to attend the conference or otherwise declines to cooperate.
The Student shall respond to the charges of misconduct at the conference. The student conduct administrator shall determine which cases are appropriate for resolution (via settlement agreement), taking into consideration the results of the investigation and any additional information provided by the Student charged and the Complainant/victim during any conferences. If agreement can be reached with the Student as to an appropriate disposition, the matter shall be closed and the terms of the disposition shall be put in writing and signed by the Student charged and the University after the Student charged has been given a reasonable opportunity to review the proposed settlement agreement with a support person/advisor of the Student's choice. Suspension of one academic year or more or expulsion shall be entered on the Student's transcript permanently without exception; this requirement shall not be waived in connection with any settlement agreement.
If the Student admits violating the Student Conduct Code, but no agreement can be reached with respect to the sanction, the Student may request a hearing on the sanction only.
In cases involving allegations of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking, the student conduct administrator shall offer the Complainant/victim the opportunity to meet with the student conduct administrator separately, prior to the conference. The conference and any meetings with the Complainant/victim shall occur within 20 Working Days after the student conduct administrator receives the report and findings pursuant to Executive Order 1098.
The student conduct administrator shall promptly notify the Title IX Coordinator of the outcome of the conference with the Student charged. If the case does not proceed to hearing, the Title IX Coordinator shall at that time:
- Notify the Complainant/victim of the outcome of the conference, including any sanction that relates directly to the Complainant. Victims of crimes of violence, including sex offenses, shall also receive notice.
- Take any appropriate further steps to address the effects of any hostile environment resulting from the Discrimination, Harassment or Retaliation.
- Identify and address any remaining systemic or other patterns of Discrimination, Harassment or Retaliation at the Campus.
Discipline cases involving allegations of Discrimination, Harassment or Retaliation may be resolved through the informal conference process. It is, however, not appropriate in such cases for a Complainant to be required to "work out the problem" directly with the Student charged, and in no event should any meeting between Complainant and the Student charged be required. The Complainant must be notified of the right to end any such informal process at any time.
Nothing in this procedure shall prevent the Student and the University from entering into a voluntary resolution of an actual or anticipated student disciplinary case at any time, provided that the Student is first given a reasonable opportunity to review any proposed settlement agreement with an advisor/support person of his/her choice.
Notice of Hearing
The student conduct administrator shall issue a notice of hearing promptly after the conference. In cases involving allegations of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking, notice shall also be provided to the Complainant and the DHR Administrator or the Title IX Coordinator. The notice of hearing shall be issued within five Working Days after the conference has concluded.
The student conduct administrator shall schedule the hearing promptly, but in any event no sooner than 10 Working Days after, and no later than 20 Working Days after, the date of the notice of hearing. A notice to appear at hearing shall be sent to any University-related witnesses at least 10 working days before the hearing at the University-assigned or other primary e-mail addresses linked to these persons' University accounts.
The hearing is closed to all persons except the student conduct administrator; the Student charged; the Complainant/victim in cases of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking; their respective advisors; appropriate witnesses while they are testifying; a support person to accompany alleged victims of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking while they are testifying; the hearing officer; and one person to assist the hearing officer in recording the hearing. The Student charged, any Complainant, and any witnesses shall attend the hearing in person unless the student conduct administrator permits an exception (e.g., participation via videoconference or telephone). A police or security officer may also be present if deemed appropriate or necessary by the vice president for Student Affairs or hearing officer. The University will cooperate in providing University witnesses wherever possible, provided that they are identified at least five Working Days before the hearing.
Standard of Proof; Report and Recommendations of the Hearing Officer
After the hearing, the hearing officer shall make findings of fact and conclusions about whether the Student charged violated the Student Conduct Code. The standard of proof the hearing officer shall use is whether the University's charge is sustained by a preponderance of the evidence. It is the University's burden to show that it is "more likely than not" that the Student violated the Student Conduct Code.
The hearing officer shall submit a written report of findings and conclusions to the president, along with any recommended sanctions, recommendations regarding restricting the Student's contact with, or physical proximity to, the Complainant or other persons. The report shall be submitted within 10 Working Days after the hearing.
Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding that is brought alleging a sex offense. Executive Order 1098 provides that: “the president shall review the hearing officer's report and issue a final decision.”
“The president may impose the recommended sanctions, adopt a different sanction or sanctions, reject sanctions altogether, or refer the matter back for further findings on specified issues. If the president adopts a different sanction than what is recommended by the hearing officer, the president must set forth the reasons in the final decision letter. The president's final decision letter shall be issued within 10 Working Days after receipt of the hearing officer's report.
The president shall send his or her decision electronically to the Student charged at the University-assigned or other primary e-mail address linked to the Student's University account.
“In cases involving crimes of violence, including Sexual Violence, Domestic Violence, Dating Violence, or Stalking, both the Complainant-victim and the Student charged shall be simultaneously informed in writing of:
- The outcome of any disciplinary proceedings that arise from such allegations;
- Any change to the results that occurs prior to the time that such results become final; and
- When such results become final.
“This information is given only to the Student charged and Complainant-victim, and includes the name of the Student charged, any violation found to have been committed, and any sanctions imposed on the Student charged. The University may also notify any other alleged victim of the final results regardless of whether or not the charges are sustained.” Compliance with this paragraph does not constitute a violation of the Family Educational Rights and Privacy Act (FERPA). For the purpose of this paragraph, the outcome of a disciplinary proceeding means only the institution’s final determination with respect to the alleged sex offense and any sanction that is imposed against the accused.
Campus, Civil, and Criminal Consequences of Committing Acts of Sex Discrimination,
Sexual Harassment, and Sexual Violence
Individuals alleged to have committed Sexual Violence may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline/sanctions at the University. Employees may face sanctions up to and including dismissal from employment, per established CSU policies and provisions of applicable collective bargaining agreements. Students and employees charged with Sex Discrimination, Sexual Harassment or Sexual Violence will also be subject to discipline, pursuant University policies, and will be subject to appropriate sanctions.
Possible sanctions for employees:
Sanctions up to and including dismissal from employment may be imposed in accordance with current collective bargaining agreement, if applicable.
Possible sanctions for students:
Under Executive Order 1098 the following possible sanctions may be imposed for violations of the student conduct code:
- Loss of Financial Aid;
- Educational and Remedial Sanctions;
- Denial of Access to Campus or Persons;
- Disciplinary Probation;
- Multiple Sanctions;
- Administrative Hold and Withholding a Degree;
- Interim Suspension: A president may impose an interim suspension pursuant to 5 Cal. Code Regs. § 41302 where there is reasonable cause to believe that separation of a Student is necessary to protect the personal safety of persons within the University community or University Property, and to ensure the maintenance of order. Violation of any condition of interim suspension shall be grounds for expulsion.
In cases involving other allegations of Discrimination, Harassment or Retaliation without crimes of violence, a similar notice will be issued, but the information given to the Complainant-victim concerning sanctions shall be limited to any violation found to have been committed and any sanctions that relate directly to the Complainant-victim.
In cases involving Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), the president shall also send his or her final decision to the DHR Administrator or the Title IX Coordinator so that he/she may determine whether any additional Remedies or steps shall be afforded or undertaken in order to maintain a safe and nondiscriminatory University environment.
In cases involving crimes of violence and/or Discrimination, Harassment or Retaliation (including Sexual Violence, Domestic Violence, Dating Violence or Stalking), if the Complainant-victim requests a copy of the transcript of the hearing, the University shall provide the portions of the transcript that relate to the requestor and concern whether a violation of the Student Conduct Code occurred.
Note: the University will change a victim’s academic and living situations after an alleged sex offense, and the options for those changes if those changes are requested by the victim and are reasonably available.