notalone.sjsu.eduTitle IX/Gender Equity Issues | Diversity | San Jose State University

Skip to Main Content WARNING Earthquake Advisory Campus closed until further notice -- SJSU Homepage Diversity San José State University Site Navigation belong@SJSU About the Campus Climate Study Frequently Asked Questions Campus Climate and Belonging Committee Resources Community Diversity Resources Creating Inclusive Classrooms Office of Diversity, Equity and Inclusion Chief Diversity Officer Office of Diversity, Equity and Inclusion Staff SJSU: By the Numbers Commission on Diversity Diversity Action Plan For Students For Faculty and Staff Faculty Recruiting Community Diversity Resources Title IX/Gender Equity Issues How to Report a Title IX Incident SJSU Home > Diversity > Title IX/Gender Equity Issues Title IX/Gender Equity Issues one.SJSU MySJSU -- Canvas Athletics Give to SJSU Navigate BACK to Diversity How to Report a Title IX Incident belong@SJSU Resources For Students For Faculty and Staff Title IX/Gender Equity Issues Revisions to CSU Executive Orders 1096 & 1097 Policies and Procedures In response to recent court rulings in the state of California, San José State University has received guidance from the CSU Chancellor's Office concerning changes to Executive Orders 1096 and 1097 Revised, which detail the systemwide policies and procedures for complaints of sexual misconduct, dating and domestic violence, and stalking. The CSU Chancellor's Office has issued revised policies for Executive Orders 1096, 1097, and 1098. They have given all CSU campuses helpful information detailed in FAQ format below. For more information on the revisions of the CSU Executive Orders, please see the campus-wide email here . EO 1096 Revised March 29, 2019 Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Employees and Third Parties. EO 1097 Revised March 29, 2019 Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Students. EO 1098 Revised March 29, 2019 Student Conduct Procedures Frequently Asked Questions re Revised Title IX Policy 1 Updated on April 5, 2019 Why has the CSU revised its Title IX Student Policy? What kinds of cases are impacted by this revised policy? What policy applies if the circumstances of my Title IX case do not meet these criteria? How will these changes most directly affect me? What will the hearing be like? Do I have to be in the same room as the other Party (Complainant or Respondent)? What does cross-examination mean? What if I don't want to participate in the hearing? Is there an alternative to having a hearing? Can I submit new evidence at the hearing or ask the Hearing Officer to interview a new witness? When will my case go to hearing? Will this hearing requirment have a negative effect on students reporting sexual misconduct or moving forward with investigations of their cases? Will the new policy apply to dating and domestic violence or stalking cases? What effect does this revised policy have on closed cases? Why has the CSU revised its Title IX Student Policy? A California Court of Appeal recently ruled (in a case involving another university) that student Respondents in sexual misconduct cases who may face severe discipline (expulsion or suspension) have the right to a hearing to cross-examine (question), directly or indirectly, Complainants and other witnesses if witness credibility is “central” to the case. Until now, the San José State University process for these kinds of cases has not included this kind of hearing. What kinds of cases are impacted by this revised policy? The provisions of the revised policy apply only to cases that meet the following three criteria: A student (Respondent) is accused of Sexual Misconduct as defined by Executive Order (EO) 1096 & EO 1097 (Revised March 29, 2019); If found to have violated the policy, the Respondent may be suspended or expelled; and The credibility of the Complainant, Respondent, or other witnesses is central to a determination of whether the Respondent engaged in Sexual Misconduct. What policy applies if the circumstances of my Title IX case do not meet these criteria? If the circumstances of your case do not meet all three of the criteria described above, the pre-existing provisions of EO 1096 or 1097 apply to your case. In those cases, the investigator makes findings of fact and the final determination, after review by the Title IX Coordinator, about whether CSU policy was violated. Please note that cases in which the Respondent is an employee will not be subject to the provisions of the revised policy. What policy applies if the circumstances of my Title IX case do not meet these three criteria? How will these changes most directly affect me? Your Role in the Case Most Significant Effects of Revised Policy Complainant ✔ Before or after the investigator has completed the investigation report, you may ask to resolve your complaint (with the assistance of the campus Title IX Coordinator) without a hearing through an Early Resolution Process. ✔ If the case does not resolve or the parties choose not to attempt an Early Resolution, a hearing will be scheduled. You will identify witnesses and prepare questions to submit to the Hearing Officer, who will review for inclusion during the hearing. ✔ You will participate in the hearing; if you choose not to participate in the hearing, the information you provided to the investigator during the interview stage will not likely be considered by the Hearing Officer. Respondent ✔ Before or after the investigator has completed the investigation report, you may ask to resolve the complaint (with the assistance of the campus Title IX Coordinator) without a hearing through an Early Resolution Process. ✔ If the case is not resolved or the parties choose not to attempt an Early Resolution, a hearing will be scheduled. You will identify witnesses and prepare questions to submit to the Hearing Officer, who will review for inclusion during the hearing. ✔ You will participate in the hearing; if you choose not to participate in the hearing, the information you provided to the investigator during the interview stage will not likely be considered by the Hearing Officer. Witnesses ✔ You will participate in the hearing; if you choose not to participate in the hearing, the information you provided to the investigator during the interview stage will not likely be considered by the Hearing Officer. ✔ You may be subject to disciplinary sanctions if you do not participate in the hearing (students and employees). The campus will inform professors or supervisors to allow for a witness to participate in the hearing if they need to be excused from class or work. Advisors ✔ The revised policy does not change the role of the advisor. The advisor may help you to prepare for the hearing and may consult with you during the hearing, but may not speak for or on behalf of the Complainant or Respondent. Support Person ✔ The Complainant and Respondent may also be accompanied at the hearing by a friend or other person to provide emotional support. What will the hearing be like? The hearing is a meeting at which the Hearing Officer (the individual who will oversee the hearing) 3 listens to the Respondent, Complainant, and witnesses, and analyzes the evidence. The Hearing Officer asks questions (including questions proposed by the Complainant and Respondent) of the witnesses and makes findings of fact and a decision about whether the Executive Order was violated. Do I have to be in the same room as the other Party (Complainant or Respondent)? Not necessarily. If you do not want to be in the same room with the other person involved in the investigation, please discuss your request with the campus hearing coordin...