A hearing is a formal process that takes place after a Track 1 or Track 2 investigation when a Respondent is accused of violating the CSU Interim Nondiscrimination Policy. During the hearing, a neutral Hearing Officer reviews the evidence, hears from the parties and witnesses, and determines whether the policy was violated. Both parties have an equal opportunity to present information, question the evidence, and be accompanied by an advisor. The Hearing Officer issues a written decision, which may include findings and, if applicable, sanctions or remedies.
Click the following link to download a copy: Track 1 and Track 2 Hearing Process Chart
For information about Appeals, visit: or
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Track 1: The Federal Mandated Hearing Process (鈥淭rack 1鈥) is applicable instead of the processes under the Interim CSU Nondiscrimination Policy 鈥 Student Respondent Procedures and the Interim CSU Nondiscrimination Policy 鈥 Employee and Third-Party
Respondent Procedures for cases that are defined by the 2020 Title IX Federal Regulations as sexual harassment in an education program or activity against a person (including, but not limited to students and employees) in the United States.
20 Working Days Prior to Hearing: The Parties will be sent a written notice of the hearing at least 20 Working Days before the hearing. The notice will include the date, time, location, and purpose of the hearing as well as the name of the Hearing Officer. The Notice will also include deadlines:
- 5 Working Days after the Notice
- Objections to the Hearing Officer
- 15 Working Days Prior to Hearing
- Submission of the Proposed Witness List & rationale of their relevance
- 10 Working Days Prior to Hearing
- Notification of confirmed witness list
- 5 Working Days Before the Hearing
- Submission of Proposed Questions
For more information on Track 1 Hearings, click the following link:
- 5 Working Days after the Notice
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A Hearing Advisor is required for the Complainant and Respondent for purposes of questioning the other Party and witnesses during the hearing. If a Party does not have a hearing advisor prior to the hearing or at the start of the hearing, one will be provided to that Party for the purposes of asking the other Party and any witnesses all Relevant questions and follow-up questions, including those questions challenging credibility.
If a Party's hearing advisor does not appear or is excused for conduct that causes a material disruption, a hearing advisor will be provided. In either case, the hearing officer has discretion to proceed with or postpone the hearing.
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The hearing officer will make written findings of fact and conclusions about whether the Respondent violated the Nondiscrimination Policy with respect to the definition of Sexual Harassment under Article V.B of the Nondiscrimination Policy (hearing officer's report). The standard of proof the hearing officer will use is whether each allegation is substantiated by a Preponderance of the Evidence. The Title IX Coordinator will review the hearing officer's report to ensure procedural compliance with this Track. The hearing coordinator will Simultaneously send the hearing officer's report promptly to the Parties, the Title IX Coordinator, and the appropriate campus administrator, usually within 15 Working Days of the close of the hearing.
If no violation of the Nondiscrimination Policy is found, the president (or designee) will be notified along with the Parties. The notification will include the outcome of the hearing, a copy of the hearing officer's report (redacted as appropriate or as otherwise required by law) and notice of the Complainant's and Respondent's right to appeal to the Chancellor's Office.
If a violation of the Nondiscrimination Policy is found, within 5 Working Days of receiving such finding the Parties may submit to the hearing coordinator an impact statement or other statement regarding discipline that is no more than 2000 words in length. The document is an opportunity for the Parties to suggest disciplinary outcomes and to provide information that they believe is important for the hearing officer to consider.
The student conduct administrator and/or appropriate campus administrator responsible for discipline and Title IX Coordinator may also submit a written statement regarding aggravating and mitigating factors that provides a recommendation regarding the disciplinary outcome, including information regarding prior disciplinary outcomes for similar conduct and whether the Respondent was previously found to have violated university policy.
Within 5 Working Days after receiving and considering any impact or other statements submitted by the Parties and other statements described above, the hearing officer will submit the hearing officer's report to the president (or designee). The hearing officer's report will be amended to include a statement of, and rationale for, any recommended disciplinary sanctions to be imposed on the Respondent ("final hearing officer's report"). The final hearing officer's report will attach the final investigation report.
Within 10 Working Days of receipt of the final hearing officer's report. The president (or designee) will review the final investigation report and the final hearing officer's report and issue a decision ("decision letter") concerning the appropriate sanction or discipline within 10 Working Days of receipt of the final hearing officer's report.
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This hearing process applies to complaints of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking (as each of these forms of prohibited conduct are defined in Article V.A of the Nondiscrimination Policy), made against a Student.
Under this process, the CSU will provide a live hearing that enables the decisionmaker 鈥 鈥渢he Hearing Officer鈥 鈥 to question the Parties and witnesses to assess a Party鈥檚 or witness鈥檚 credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations. The Complainant and Respondent will be treated equitably throughout the pre-hearing and hearing processes.
20 Working Days Prior to Hearing: The Parties will be sent a written notice of the hearing at least 20 Working Days before the hearing. The notice will include the date, time, location, and purpose of the hearing as well as the name of the Hearing Officer. The Notice will also include deadlines:
- 15 Working Days Prior to Hearing.
- Submission of the Proposed Witness List & rationale of their relevance
- Information Regarding Advisors and Support Persons
- Objections to the Hearing Officer 鈥 15 Working Days Prior to Hearing
- Location of Hearing
- Space and Technology Needs
- Disability Accommodations
- 10 Working Days Prior to Hearing
- Notification of confirmed witness list
- 5 Working Days Before the Hearing
- Submission of Proposed Questions
- Questions/Concerns about the Witness List
- 1 Working Day Before the Hearing
- Pending Requests
For more information on Track 1 Hearings, click the following link:
- 15 Working Days Prior to Hearing.
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The Parties may each be accompanied at the hearing by one Advisor and one Support Person. An Advisor and Support Person may observe and consult with the Parties. However, during the hearing, the Advisor and Support Person will not make the opening statement or speak regarding the substance or the process of the hearing. Parties may make a request to the Hearing Officer for a break to speak with their Advisor or Support Person.
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Hearing Officer鈥檚 Report 鈥 15 Working Days: The Hearing Officer will prepare a written report that includes findings of facts and conclusions about whether the Respondent violated the Nondiscrimination Policy.
Hearing Outcome 鈥 No Violation Found: If no violation is found, the Hearing Coordinator will notify the Parties of the outcome and their appeal rights, as described above. The University president or designee will also be notified.
Hearing Outcome 鈥 Violation Found: If there is a determination that a violation of the Nondiscrimination Policy occurred, as appropriate, the Title IX Coordinator will: 1. Coordinate the provision and implementation of Remedies to a Complainant and other people the University identifies as having had equal access to its education programs or activities limited or denied by the Nondiscrimination Policy violation. 2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions; 3. Take other appropriate prompt and effective steps to ensure that Sex Discrimination does not continue or recur within the University鈥檚 education programs or activities; and 4. Comply with the Nondiscrimination Policy procedures before the imposition of any Disciplinary Sanctions against a Respondent.
Statements from Parties, Title IX Coordinator, and Appropriate Administrator 鈥 5 Working Days: If the Hearing Officer finds a violation of the Nondiscrimination Policy, the Parties may submit to the Hearing Coordinator an impact statement or other statement regarding discipline. The statement is an opportunity for the Parties to suggest disciplinary outcomes and to provide information that they believe is important for the Hearing Officer to consider. The statement may not be more than 2000 words in length and will be submitted to the Hearing Coordinator no later than 5 Working Days after the Hearing Officer's report is sent to the Parties.
Student Respondent Procedures: Addendum A Revised 3/4/2025
- The appropriate administrator and/or the Title IX Coordinator/DHR Administrator will also submit to the Hearing Coordinator a written statement regarding aggravating and mitigating factors no later than 5 Working Days after the Hearing Officer's report is sent to the Parties. The Hearing Coordinator will provide these statements to the Hearing Officer. Any information in the impact statement relied upon by the Hearing Officer in making their Disciplinary Sanction recommendation will be shared with the other Party with the president (or designee鈥檚) final decision and notification.
Recommendation as to Disciplinary Sanctions 鈥 5 Working Days: Within 5 Working Days after receiving and considering the statements described above, the Hearing Officer will update their Hearing Officer's report to include the recommended Disciplinary Sanctions and submit it to the president (or designee).
Final Decision and Notification 鈥 10 Working Days: Within 10 Working Days of receipt of the Hearing Officer's report, the president (or designee) will review the Investigation Report and the Hearing Officer's report and issue a decision concerning the appropriate Disciplinary Sanction.
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Link to:
Appeal Rights:
- For Complaints alleging Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking, either Party may file an appeal.
- For Complaints involving allegations of Discrimination, Harassment, Prohibited Consensual Relationships, or Retaliation only the non-prevailing Party may appeal.
Filing an Appeal to the Chancellor鈥檚 Office: A written appeal may be submitted to the Chancellor's Office Civil Rights Programming & Services Appeals Unit (鈥淐ivil Rights Appeals Unit鈥) no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Arguments or evidence submitted after the appeal submission deadline will not be considered by the Civil Rights Appeals Unit. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:
Civil Rights Appeals Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore Long Beach, California 90802
Electronic submission to the email address listed above is the preferred method of submitting appeals.
Bases for Appeal: An appeal will be based only on one or more of the appeal issues listed below:
- There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
- Procedural errors occurred that would have likely changed the outcome of the investigation or hearing.
- New evidence is available that would change the outcome and that was not reasonably available when the Investigator鈥檚 or Hearing Officer鈥檚 determination was made.
- The Title IX Coordinator/DHR Administrator, Investigator, or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.
- The sanctions imposed was objectively unreasonable, or arbitrary based on Student Respondent Procedures: Addendum B Revised 3/4/2025 substantiated conduct. (For Acceptance of Responsibility cases or Appeal reversals).
Acknowledgement of Appeal: The Civil Rights Appeals Unit will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the University to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Civil Rights Appeals Unit will be provided to the appealing Party for informational purposes only.
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Link to:
Appeal Rights:
- For Complaints alleging Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking either Party may file an appeal.
- For Complaints involving allegations of Discrimination, Harassment, Prohibited Consensual Relationships, or Retaliation only the non-prevailing Party may appeal.
Filing an Appeal to the Chancellor鈥檚 Office: A written appeal may be submitted to the Chancellor's Office Civil Rights Programming & Services Appeals Unit (鈥淐ivil Rights Appeals Unit鈥) no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Arguments or evidence submitted after the appeal submission deadline will not be considered by the Civil Rights Appeals Unit. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:
Civil Rights Appeals Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore Long Beach, California 90802
Electronic submission to the email address listed above is the preferred method of submitting appeals.
Bases for Appeal: An appeal will be based only on one or more of the appeal issues listed below:
- There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
- Procedural errors occurred that would have likely changed the outcome of the investigation or hearing.
- New evidence is available that would change the outcome and that was not reasonably available when the Investigator鈥檚 or Hearing Officer鈥檚 determination was made.
- The Title IX Coordinator/DHR Administrator, Investigator, or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.
- The sanctions imposed was objectively unreasonable, or arbitrary based on Student Respondent Procedures: Addendum B Revised 3/4/2025 substantiated conduct. (For Acceptance of Responsibility cases or Appeal reversals).
Acknowledgement of Appeal: The Civil Rights Appeals Unit will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the University to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Civil Rights Appeals Unit will be provided to the appealing Party for informational purposes only.