Cal State East Bay Title IX Lawyer: A Student Respondent Guide

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Students who search for a Cal State East Bay Title IX lawyer usually have a notice from the campus Civil Rights Office and want to know what happens next. This page explains, in general terms, how California State University, East Bay handles a sexual misconduct or other nondiscrimination complaint against a student under the systemwide California State University (CSU) rules. Your own notice and the version of the rules that applies to your case control the actual deadlines.

Which policy applies

Cal State East Bay’s Civil Rights Office handles these complaints under systemwide CSU documents posted on the CSU policy site:

The version that governs your case depends on dates in your own notice. The Policy’s definitions apply to "alleged misconduct that occurs on or after August 1, 2024"; earlier conduct uses the policy in place at the time. The Procedures "are not retroactive" and "should be used for complaints filed on or after March 4, 2025." If your incident or complaint date is earlier, ask the Civil Rights Office in writing which version applies.

Some older campus links use different document numbers, but on September 25, 2026 each one opened the same current documents listed above. Two campus pages, Policies and Procedures and Resources for Students, still carry a "Student Complaint Procedure" summary whose timelines and terms differ from the current Procedures. This page follows the current Procedures.

Which track

The Title IX Coordinator first decides whether Track 1 applies. Under the Policy, Track 1 covers complaints where the alleged conduct meets the Policy’s Title IX Sexual Harassment definition, "Occurred in the United States," and occurred in a university education program or activity. If Track 1 does not apply, the Procedures govern:

  • Track 2 (hearing required): allegations of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking.
  • Track 3 (no hearing): other discrimination, harassment, or retaliation complaints, where the investigator makes the final determination.

Every deadline below is in Working Days, which the Policy defines as "Monday through Friday, excluding all official holidays or Campus closures where the Complaint originated or at the Chancellor’s Office where an Appeal is reviewed."

Report vs. formal complaint

Anyone may report possible misconduct, but only certain people may file a Complaint: a student or employee, an eligible person taking part in a university program, someone with the legal right to act for a complainant, or the Title IX Coordinator. After receiving a Complaint, the Title IX Coordinator decides "whether to open an investigation after making a preliminary inquiry into the allegations."

The Title IX Coordinator may go forward even if the complainant does not want to take part, and in that case "will make the Complaint on behalf of the University." If a Complaint is not accepted, the complainant is notified in writing within 10 Working Days of the intake or written request for investigation, whichever is later.

Early steps after notice

Under the Procedures, the Title IX Coordinator sends a Notice of Investigation (NOI) to both parties within 10 Working Days of the intake meeting or the complainant’s request for investigation (whichever is later), or of a decision to investigate without a request. The NOI must be sent "with sufficient time and information for the Parties to prepare a response before any initial interview." The Procedures set no fixed number of days for a respondent’s response, so check your notice.

The NOI summarizes the allegations, links the Procedures and Policy, gives an estimated timeline, and explains that you may have one Advisor, who may be an attorney. It also states that "The Respondent is presumed not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process," and describes the possible range of sanctions. The NOI will offer you an initial meeting that "is not intended to be investigatory in nature." Notices go to your CSU campus email unless you ask in writing for another address.

In Track 1, a written notice of allegations goes to both parties, and if it schedules your interview it must reach you "at least 5 Working Days prior to the interview."

From the NOI until the appeal deadline passes or the appeals unit responds, parties may not use or disclose records obtained through the process, although you may still gather evidence and talk to witnesses, family, confidential resources, and your Advisor. The University may also place an administrative hold on registration, records, and transcripts once you have written notice of a pending investigation, and may withhold a degree until the process and any sanctions are complete.

Dismissal and dismissal appeals

After a Complaint is accepted, the Title IX Coordinator may dismiss it if the complainant withdraws in writing or if circumstances prevent gathering the evidence needed. Under the Procedures, "The appeal must be submitted within 10 Working Days from the date of the notice of dismissal," to the Civil Rights Appeals Unit at the CSU Chancellor’s Office. The other party has 5 Working Days to respond, and the unit decides within 10 Working Days of receiving the appeal.

Track 1 has its own dismissal rules. A Track 1 complaint must be dismissed if the conduct would not meet the Title IX definition even if proved, did not occur in an education program or activity, or did not occur in the United States, but it may be referred to Track 2 or 3 or to the Student Conduct Process. Either party may appeal a Track 1 dismissal within 10 Working Days from the date of the notice of dismissal.

Investigation and evidence

The standard is a preponderance of the evidence, and the Procedures place the responsibility for gathering sufficient evidence on the University, not on the parties. You may submit documents, name witnesses, and ask the investigator to collect more evidence. You will not be found responsible "solely because the Respondent did not participate in the investigation or hearing process."

Before the report is final, both parties receive a preliminary investigation report with the relevant evidence. "The Parties will have 10 Working Days to review the evidence," and you may respond in writing, ask for more evidence or questions, and identify witnesses. The Procedures’ timeframe table sets the final investigation report at 100 Working Days from the date the NOI is sent, subject to extensions for good cause. The Title IX Coordinator will not unreasonably deny a student’s extension request during exams or academic breaks. You should receive status updates every 30 days.

In Track 1, you receive all evidence directly related to the allegations and "a minimum of 10 Working Days for the initial review of evidence," then 10 Working Days to give a written response to the final investigation report.

Advisor and hearing

You may have one Advisor of your choice, "who may be, but is not required to be, an attorney or a union representative." Under the Procedures, an Advisor "may not answer questions regarding the subject matter of the investigation" for you, but may observe and consult with you. You may also consult an attorney at your own expense.

Track 2 hearings

Addendum A to the Procedures provides a live hearing before a Hearing Officer, generally by videoconference with the parties in separate locations. The campus flowchart says hearings are "typically held via Zoom." Key dates run backward from the hearing:

  • Notice of hearing: at least 20 Working Days before the hearing.
  • No later than 15 Working Days before: your witness list, your Advisor and Support Person names, and any objection to the Hearing Officer (which may be based only on an actual conflict of interest).
  • No later than 5 Working Days before: your proposed questions.

"All questions will be asked by the Hearing Officer." You propose questions and may submit written follow-up questions. Your Advisor and Support Person may attend but "will not make the opening statement or speak regarding the substance or the process of the hearing." Each party may give an opening statement of up to 10 minutes. The Hearing Officer may give less weight to statements from someone who refuses to answer relevant questions, but will not infer that the conduct occurred solely from a refusal.

The parties are notified of the determination within 15 Working Days of the end of the hearing unless extended. If a violation is found, you may submit an impact statement of up to 2000 words no later than 5 Working Days after the Hearing Officer’s report is sent. The president or designee issues a Decision Letter within 10 Working Days of receiving the report. Unless an appeal is filed, the sanction "becomes final 11 Working Days after the date of the Decision Letter."

Track 1 hearings

In Track 1, "The Complainant and Respondent must have a hearing advisor at the hearing." The hearing advisor asks the other party and witnesses relevant questions, including questions challenging credibility; parties may not question each other directly, and the campus provides a hearing advisor if you do not have one. The hearing cannot be set sooner than 20 Working Days after the notice of hearing, and objections to the hearing officer are due within 5 Working Days after the hearing officer’s identity is communicated to the parties.

Sanctions

The Procedures say sanctions are identified in the Student Conduct Process: "restitution, loss of financial aid, educational and remedial sanctions, denial of access to campus or persons, disciplinary probation, suspension, and expulsion," and the University may also withhold a degree. The Student Conduct Process’s own list differs: it includes loss of privilege and does not list loss of financial aid. Under the Student Conduct Process, expulsion and suspension of one year or more are noted on the transcript permanently.

Informal resolution

Informal resolution is voluntary, needs written consent, and can happen "at any time before a determination of responsibility is made, but no later than 60 Working Days after both Parties provide voluntary, written consent." Either party may withdraw before agreeing. "A signed agreement to an Informal Resolution is final and is not appealable by either Party." Mediation cannot be used for sexual misconduct, sexual exploitation, dating or domestic violence, or stalking complaints.

Supportive measures

The Title IX Coordinator offers supportive measures to respondents "during an initial meeting." They are free and non-punitive and may include counseling, course adjustments, contact restrictions, leaves of absence, and changes to class or housing. In sexual misconduct-type matters, you may ask for review of a decision about your supportive measures. No-contact directives may be one-way or mutual.

Interim suspension and emergency removal

Under the Procedures, an interim suspension may be considered where "there is reasonable cause to believe that interim suspension of that Student is necessary to protect the personal safety of persons within the Campus community or Campus property, and to ensure the maintenance of order during an investigation." It follows the Student Conduct Process, which gives you the right to request a hearing, held "Within 10 Working Days of the request." During an interim suspension you may not enter any CSU campus without written permission, except for the hearings.

Emergency removal is described in slightly different terms: the Track 1 attachment uses "an immediate threat to the physical health or safety," while the Student Conduct Process uses "an imminent and serious threat to the health or safety." Both give a hearing within 10 Working Days of your request. Follow the instructions in your own removal notice.

Appeals

For sexual misconduct-type complaints under the Procedures, either party may appeal. Addendum B says a written appeal goes to the Chancellor’s Office Civil Rights Appeals Unit "no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases)." The appeal may not exceed 3,500 words excluding exhibits, and all arguments and evidence must be submitted by the deadline. Email to CO-Appeals@calstate.edu is the preferred method.

The grounds are no reasonable basis for the findings, procedural errors likely to have changed the outcome, new evidence not reasonably available earlier, and conflict of interest or bias. Addendum B lists an unreasonable or arbitrary sanction as a ground only "(For Acceptance of Responsibility cases or Appeal reversals)," while the Track 1 attachment lists it without that limit. The other party may respond within 10 Working Days, the unit "does not reweigh the evidence," and it responds within 30 Working Days unless extended. Its determination "is final and is not subject to further appeal."

A Track 1 appeal is due "no later than 10 Working Days after the date of the decision letter." Use the deadline, recipient, and grounds stated in your own decision letter or outcome notice.

FAQ

Do I need a lawyer for a Cal State East Bay Title IX case?
The Procedures do not require one. You may choose one Advisor, who may be an attorney, and you may consult an attorney at your own expense.

How long do I have to respond to the Notice of Investigation?
The Procedures set no fixed number of days; the NOI must give sufficient time to prepare before any initial interview. In Track 1, the notice of allegations must reach you at least 5 Working Days before your interview.

Will my case have a hearing?
Only in Track 1 or Track 2. Track 3 matters are decided by the investigator without a hearing. If your notice does not make the track clear, ask the Civil Rights Office.

Can I appeal a dismissal?
Yes. Under both the Procedures and Track 1, the appeal is due within 10 Working Days from the date of the notice of dismissal.

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by California State University, East Bay or the California State University system. Policies and procedures change, so confirm every deadline against your own notice and the currently posted policy and procedures.

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