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California State University Disciplinary Procedure (E.O. 1098) and Title IX (9) Updates.

Updated: May 8, 2021

Hi Friends, welcome to our companies first blog post.


Vocabulary:

Title 5 = All cases that are not sexual-related (this is in the California Code of Regulations)

Title 9 = All cases relating to something sexual/gender (Harassment/Discrimination/ETC).


The below process is strictly for Title 5 cases. The Title 9 cases have a separate executive order (EO 1097). Disclaimer: I am not a lawyer, and I am not giving legal advice. This is just one perspective and you can take whatever course of action that you want to take.


The Complaint:

A faculty, staff, or student will complete an intake form which will initiate a complaint. The university also may initiate a complaint without a complainant. An investigation will depend on; the circumstances, the bias of the administrators, and the amount of evidence.


The Investigation:

If the administrators choose to investigate a situation, then the student will be notified and the Student Conduct Administrator (SCA) will have a specific amount of time to complete the initial investigation by. The student will be requested to attend a meeting. [The main goal of this meeting is to gather evidence for them to use against you at a later time].


The Conference:

If the student does not accept the initial sanction, then the school will give the student an option to attend a Conference meeting, or go straight to a Hearing. This is an opportunity for the student to negotiate with the offices and ask questions. If a Conference is attended, the Judicial Officer will send an email either holding to the previous sanction or reducing the sanction to something less severe. If the student still does not agree, they will have 10 days to schedule a Hearing.


The Hearing:

There will be a Hearing Officer (someone that works internally at the school) chosen to be the judge, and the jury, for the case. The Investigator/Coordinator/Student Conduct Administrator/Judicial Officer will present the case, and they are allowed to be accompanied by an advisor ("someone to record the meeting" - EO 1098). During this hearing, the student is allowed to also bring an advisor. Being an advisor in this meeting, and helping prepare students before this meeting is one of our main priorities.


The Presidential Decision:

After the Hearing, the Hearing Officer will have 10 days to;

1. Make a decision about what sanction should occur.

2. Complete the Hearing Officer Report.

3. Send the Report and sanction suggestions to the President/Vice President of the school, AKA "the designee." This is where the final decision will be made. The designee will make a final decision and email the report to the student and other related parties.


  • Please note: currently, the system is rigged. The Hearing Officers are writing reports that are biased and only include evidence against the student. This misleads the Vice President to make an improper decision. Be prepared for the Vice President to uphold the initial sanction, and consider contacting risk management and the Dean of Students of your CSU regarding the injustice.


The Appeal:

In cases involving sexual-related complaints, appeals are always allowed. In situations not including sexual-related complaints there is only one way to do an administrative appeal (contact me for more information). For Title 9 cases, all appeals go to the Chancellor's Office. The Chancellor's Office is the headquarters for the entire CSU system.


Some other appeal options for Title 5 cases include:

  1. Risk Management at the Chancellor's Office (https://www2.calstate.edu/csu-system/administration/business-finance/systemwide-risk-management/Pages/file-a-claim.aspx)

  2. Secret FERPA Appeal (Contact me for more information)

  3. General Counsel for the CSU [(562) 951-4500]

  4. Vice Chancellor of Student Affairs at the Chancellor's Office

  5. The President of your CSU

  6. DHR/Employee Relations Office at your CSU

  7. Independent Attorneys


I hope this post was helpful in briefly explaining the process of Title 5 procedures and covering some of your options. Contact me for a free consultation.


Brennan C. Pearson

www.VerusAid.com


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