Update on Title IX Regulations

On August 14, 2020, the California State University’s Chancellor’s Office has issued Addendum B: Federal Mandated Hearing Addendum, which accompanies CSU Executive Orders 1096 and 1097, and which outlines the policy and procedures required under the Title IX Federal Regulations. Please note that regardless of the Federal Regulations, our policies governing sexual harassment, sexual misconduct, and sex- and gender-based discrimation, as stated in Executive Orders 1095, 1096 and 1097, still remain fully in effect. The U.S. Department of Education acknowledges that universities may address misconduct through their policies and through state law, and Fresno State is firmly committed to responding to and addressing sexual harassment and sexual misconduct that affects the CSU community.

 

The Changes

All formal complaints submitted to the Title IX Office will be first assessed under Addendum B to determine whether those procedures apply. If a formal complaint does not meet the criteria to be processed under Addendum B, the complaint may be processed under EO 1096 or 1097 (our current single-investigator model) or Addendum A (our current hearing-model for student cases). 

Two significant aspects of Addendum B:

  • Under Addendum B, alleged incidents can be considered for investigation only if they occur within the United States, and only if they occur in university sanctioned programs or activities, or on properties owned or controlled by the university or recognized student organizations. If these criteria are not met, the allegations may be evaluated under EOs 1096 and 1097, or Addendum A, which apply much more broadly to alleged violations involving any university student, staff, or faculty member, including in non-Fresno State locations and outside of the United States
  • All Addendum B investigations, which apply the Federal Regulations, will involve live hearings with mandatory Hearing Advisors who will conduct the cross-examination of the Parties. The hearing will be facilitated by a Hearing Officer, who will monitor decorum and assess the appropriateness of the questions. The CSU will provide trained Hearing Advisors if either complainant or respondent do not have one available.

 

What has NOT changed:

  • Employees still have a duty to report potential incidents of sexual misconduct, sexual harassment, dating and domestic violence and stalking to the Title IX Office, unless they are specifically exempt under CSU policy.
  • Executive Orders 1096 and 1097 and Addendum A are still in effect but only after consideration whether allegations are governed by Addendum B, based on specifically defined criteria.
  • Regardless of which process, or whether a case meets criteria for an investigation, we continue to provide supportive measures and other services, conduct intakes relating to reports and complaints of sex- and gender-based misconduct, and coordinate with other campus offices on Title IX issues of misconduct, harassment, stalking, and gender equity.

All current active investigations as well as intakes regarding alleged incidents that occurred prior to August 14, 2020, will still go through the process under EO 1096 and 1097 or Addendum A. Incidents occurring on or after August 14 will be subject to the new process described above, including determining whether they are governed by procedures stated in Addendum B.