2018-2019 Mandatory Notice - Interim Policy Addendum to CSU Executive Orders 1096/1097/1098
Due to recent California court of appeal decisions, CSU Executive Orders 1096, 1097, and 1098 have been revised on an interim basis as of March 29, 2019, resulting in changes to investigation procedures for select cases involving allegations of sexual misconduct. The interim policy and addendum represent the California State University System’s ongoing commitment to ensure a fair and thorough process, as well as to comply with changing legal requirements.
The interim policy changes apply to cases where (1) it is alleged that a student engaged in sexual misconduct; (2) a finding of responsibility could result in a severe sanction, such as suspension or expulsion; and (3) credibility of any party or witness is central to the finding.
Below are some key points in these policies and the addendum of which you should be aware. Links to the complete policy documents can always be accessed through the quick links bar on the SF State Title IX webpage
For applicable cases of sexual misconduct, the interim policy addendum establishes an Investigation procedure where:
- The investigator will document steps taken to gather evidence, as well as the basis for declining a Party’s request to gather information;
- The investigator will share with the Parties a Preliminary Investigation Report, along with relevant evidence (redacted as necessary);
- Each Party is given a reasonable opportunity to respond to the evidence and request the investigator to ask the other Party questions; and
- The Final Investigation Report will automatically include any relevant documentary or other tangible evidence as attachments.
The interim policy addendum further establishes an Early Resolution process where:
- Both Parties must agree to engage in the Early Resolution process before proceeding;
- Any agreed upon remedies and disciplinary sanctions will be imposed;
- The terms of the resolution will be memorialized and signed by the Parties and the Title IX Coordinator; and
- The resolution will be final and not appealable by either Party.
Finally, the interim policy addendum also establishes a Hearing procedure where:
- The Parties will be given written notice of the date, time, and location of the hearing, as well as the identity of the Hearing Officer;
- The Hearing is closed to all people except the Parties, the Parties’ respective advisors, one support person per Party, appropriate witnesses while they are testifying; the Student Conduct Administrator; the Title IX Coordinator or designee; campus police; the Hearing Officer; and the Hearing Coordinator;
- The Hearing Officer controls the hearing, including making determinations on pre-hearing matters and asking questions of the Complainant, Respondent, Investigator, any University official, and any witness; and
- Advisors may not speak on behalf of a Party.
SF State is committed to providing students impacted by these changes with assistance and support:
- Crisis intervention, advocacy, and confidential support for Complainants is provided via Stacy M. Peterson, Manager of the SAFE Place in Counseling and Psychological Services / Room 205 in the Student Services Building.
- Counseling and Psychological Services is available to provide brief counseling and crisis support for all students, including Respondents.
- Health Promotion & Wellness is available to provide health education and prevention programs, including free workshops to the SF State community on sexual violence prevention.
- Off-campus and after-hours resources can be found by visiting SFSU & Local Community Resource Information.
Key personnel in the Office of Equity Programs & Compliance who are available to assist students and answer questions about these changes include: