Cleveland State Title IX Lawyer: A CSU Student Respondent Guide

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Students who search for a Cleveland State Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Cleveland State University (CSU) handles a sexual harassment or sexual misconduct complaint against a student under its posted documents. Your own notice, and the procedure version that applies to your case, control the actual deadlines.

Which policy applies

CSU uses two tracks for sexual misconduct complaints against students, and both are run by the same office. CSU’s website calls it the Office for Protected Rights (OPR). The written procedures still call it the Office for Institutional Equity (OIE). The OPR page describes the office as "the campus home of the Title IX Coordinators."

  • Title IX track. The Grievance Procedures for Addressing Formal Complaints of Sexual Harassment Under the May 19, 2020 Title IX Regulations (the Title IX Grievance Procedure) apply when the Title IX Coordinator reasonably decides that the conduct is alleged to have happened on or after August 14, 2020, in the United States, and in a CSU education program or activity, and that it would be "Covered Sexual Harassment" if true. That term covers quid pro quo harassment by an employee, severe, pervasive and objectively offensive conduct that denies equal access, sexual assault, dating violence, domestic violence and stalking. CSU’s Title IX policy, Ohio Administrative Code rule 3344-2-07 (effective December 5, 2020), says the university keeps these procedures for Title IX sexual harassment.
  • OPR (OIE) track. Sexual violence, sexual harassment and related conduct that is not Covered Sexual Harassment falls under rule 3344-2-03, the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation (effective February 21, 2020), and the OIE Procedures approved August 10, 2020. Those procedures say they "do not apply to allegations of Covered Sexual Harassment". If a complaint mixes both kinds of conduct, the Title IX Coordinator may send the non-Title IX parts to the Policy.

CSU’s Student Code of Conduct (rule 3344-83-01, effective May 2, 2026) says: "Sexual misconduct is reported, investigated, and adjudicated under the office of institutional equity and relevant policies and procedures". The OIE Procedures add: "Allegations of discrimination, harassment, sexual violence and/or retaliation involving students will be adjudicated under these Procedures only, and not under the Code of Student Conduct." The Code still has its own rules on recording people without consent and on violating a no-contact directive.

Which version applies. The Title IX Grievance Procedure is dated 2020 and says it applies to Formal Complaints "brought on or after August 14, 2020." It also has a section called "Revocation by Operation of Law": if any part of the 2020 federal rule is "stayed or held invalid by a court of law", or the rule is "withdrawn or modified", the procedure or the affected parts "will be deemed revoked", and that conduct will be handled under the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation. CSU’s Title IX page still lists the 2020 procedure as current, and no newer procedure was found on CSU’s site. Which procedure and which version apply to you can depend on when the incident happened and when the complaint and notice were made. Your notice should say which procedure CSU is using. If it does not, ask OPR in writing before you respond.

Two posting quirks: a sidebar link on the Title IX page labelled as the grievance procedures opens rule 3344-2-03 instead, and CSU’s policy register lists an older October 2017 copy of the OIE Procedures. This page follows the August 2020 revision that the Title IX page links.

Report vs. formal complaint

Anyone may report sexual harassment to the Title IX Coordinator in person, by mail, by phone or by e-mail, and a report "may be made at any time (including during non-business hours)". OPR’s phone number is 216-687-2223, and its after-hours urgent line is 216-369-9445 (call or text). CSU also takes anonymous reports.

A report is not the same as a Formal Complaint. Under the Title IX Grievance Procedure, a Formal Complaint is a document, including an electronic submission, filed by the complainant with a signature or other sign that they are the one filing, or signed by the Title IX Coordinator, that alleges Covered Sexual Harassment and asks CSU to start the procedure. If the complainant does not file one, the Title IX Coordinator may file one and must tell the complainant in writing.

Under the OIE Procedures, a complaint starts when the complainant "signs a document describing the allegations and requesting an investigation", and an e-mail asking for an investigation is enough. OIE may also start an investigation with no complaint, and will do so when needed to protect health and safety.

Neither procedure sets a deadline for reporting. The Title IX track only reaches conduct on or after August 14, 2020.

Early steps after notice

Title IX track. After a Formal Complaint, the Title IX Coordinator "promptly" sends a Notice of Allegations to your CSU e-mail. It includes the allegations as known, a link to the procedure, "A statement that the Respondent is presumed not responsible for the alleged conduct and that a Determination of Responsibility is made at the conclusion of the Title IX Grievance Procedure.", your right to an advisor "who may be, but is not required to be, an attorney", your right to inspect evidence before the investigation ends, and a warning that false statements can be investigated. You get "sufficient time" to review it before any first interview, but no fixed number of days is set. Written notices generally go to your University e-mail, and the procedure says "Parties are responsible for regularly checking their email accounts."

  • CSU aims to finish "no longer than ninety (90) business days after the filing of the Formal Complaint", with extensions for good reason. That is a school target, not your deadline.
  • You may ask the Title IX Coordinator in writing for "a one-time delay at any point in the Title IX Grievance Procedure of up to five (5) days for good cause". The Coordinator decides.
  • The standard is preponderance of the evidence (more likely than not). CSU, not the parties, carries the burden of proof and of gathering evidence. Choosing not to take part in the investigation or hearing may not be treated as a sign of responsibility.
  • Disability accommodations must be requested in this procedure, even if you already have accommodations elsewhere at CSU.

OIE track. The respondent gets a copy or summary of the complaint and the policies. "The Respondent(s) will be offered an opportunity to respond in writing to the Complaint or the basis for the University-initiated investigation within seven (7) working days from the date of hand delivery, regular U.S. Mail or electronic communication of the notification of the Complaint." Investigations "should be concluded within a reasonable time", and the investigator tells both sides the estimated end date. Concerns about bias or a conflict of interest must be raised with the General Counsel or designee "within five (5) working days of the discovery of the possible conflict." If you do not give information during the investigation, you cannot bring it up later at the meeting with the Chief Student Affairs Officer or use it as new evidence on appeal.

Units. The Title IX Grievance Procedure uses business days, working days and plain days, and the OIE Procedures use working days and days. Neither document defines these terms. Each deadline on this page keeps the unit its document uses. Do not convert one into another.

Dismissal and dismissal appeals

Under the Title IX Grievance Procedure, the Title IX Coordinator must dismiss a Formal Complaint for Title IX purposes if any of the four conditions above (date, United States, CSU program or activity, Covered Sexual Harassment) is not met, and may send the matter to the Policy Against Discrimination, Harassment, Sexual Violence and Retaliation instead. The Coordinator may also dismiss if the complainant withdraws in writing, if "The Respondent is no longer enrolled at or employed by the University", or if evidence cannot be gathered. Notice goes to both parties at the same time, with the reasons.

Any party may appeal a dismissal. The appeal deadline is "within five (5) business days of the date of the notice of a full or complete dismissal". The procedure also allows an appeal when only part of a Formal Complaint is dismissed, but it does not state a separate deadline for that. Use the deadline in your dismissal notice and ask OPR right away.

Investigation and evidence

Title IX track. An investigator named by the Title IX Coordinator gathers evidence. Before the investigation ends, you may inspect "all evidence directly related to the allegations", including evidence CSU does not end up relying on. Your advisor can see it if you ask. The investigator will tell you to submit any evidence you want considered before this review. "The Parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the Investigator." Evidence the investigator decides is not directly related is withheld and listed in a "privilege log" you may ask to see. The investigative report summarizes the relevant evidence on both sides. The procedure sets no fixed time for giving you the final report before the hearing.

Some evidence is excluded at every stage: questions about the complainant’s sexual predisposition or prior sexual behavior (with two narrow exceptions), privileged information, and "Any Party’s medical, psychological, and similar records unless the Party has given voluntary, written consent." CSU may be required to release records under the Ohio Public Records Act.

OIE track. The investigator may interview the parties and witnesses and gather records such as video, texts, e-mails and police reports. "Both the Complainant and Respondent have the right to identify witnesses and provide records to the Investigator." The Investigator’s Report contains factual findings, the reasons for them, and recommended remedial measures, and both parties receive it.

When a student is accused of sexual harassment or sexual violence and the outcome turns on whose account is believed, Section XI of the OIE Procedures provides for cross-examination before the Investigator’s Report is issued. If the complainant or a witness declines, "OIE will not use, in determining the outcome of the investigation, statements made by the Complainant or witness which are contradicted by the Respondent." A respondent may also decline, but that "will not prevent the Investigator from finding that a violation occurred and recommending sanctions." A party who does not want to be questioned directly by the other side can ask for questions to come through an OIE Process Advisor or the other party’s representative, who may be an attorney. OIE may require questions in writing first and may disallow some. The parties may record the cross-examination.

Advisor and hearing

Advisor. In the Title IX track, "The Parties have the right to select one Advisor of Choice, including an attorney." You must take part yourself; the advisor supports you and cannot speak for you except where the procedure says so, mainly cross-examination at the hearing. CSU will try to schedule around your advisor but does not have to delay a proceeding more than five (5) days because the advisor is unavailable. In the OIE track, you may have an OIE Process Advisor or support person at all proceedings, but that person may not speak for you or take part in the investigation except in Section XI cross-examination. The OIE Procedures say cross-examination is "the only capacity" in which an attorney may represent, as opposed to support, a party. CSU also offers trained OPR Process Advisors / Title IX Advisors to help either side understand the documents and present relevant information.

Title IX live hearing. "The University will not issue a disciplinary sanction arising from a Formal Complaint without holding a Live Hearing, unless the matter is otherwise resolved through an informal resolution". "No Party may waive the right to a Live Hearing." The Chief Student Affairs Officer or designee is the Decision-Maker and cannot have served as the Title IX Coordinator, investigator or an advisor in the case. The hearing may be held in person or by video at the Coordinator’s discretion or at any party’s request, and it is audio recorded, with the recording made available to the parties afterward.

  • After opening statements, the Decision-Maker questions the parties and witnesses. Then "a Party’s cross examination of another Party must be conducted by the first Party’s Advisor of Choice, and not the Party." If you come without an advisor, the Decision-Maker assigns one to conduct your cross-examination. The Decision-Maker rules on relevance before each answer.
  • Raise bias concerns early. Before cross-examination begins, the Decision-Maker asks about bias, and "A Party who fails to state a concern about bias or conflict of interest will be deemed to have waived that concern, including on appeal." Concerns about the Title IX Coordinator or investigator go in writing to the Coordinator as soon as you learn of them.
  • If you do not attend, the hearing can go ahead and a decision can be reached without you. "No inference regarding responsibility for a policy violation may be drawn from a Party’s lack of participation or refusal to answer questions during the Live Hearing." The procedure also says the Decision-Maker "will not rely on any statements of a Party who declines to participate in the Live Hearing, including cross examination", and cannot rely on statements of a witness who does not submit to cross-examination. Given the revocation section described above, ask OPR how these rules apply in your case.
  • The written Determination of Responsibility goes to both parties within ten (10) business days of the hearing unless the parties are told the time is extended.

The procedure does not set a fixed notice period for the hearing beyond "sufficient time for the Party to prepare to participate."

OIE track: no live hearing. When either party is a student, the Investigator’s Report goes to the Chief Student Affairs Officer or designee (CSAO). "Within ten (10) working days from the date of the Investigator’s Report, the CSAO will convene a meeting or meetings to provide the Complainant and Respondent an opportunity to respond to the Investigator’s findings." You may say which findings you agree or disagree with and question the investigator. Attending is your right, not a requirement. Within five (5) working days of the meeting, the CSAO approves, denies or modifies the findings and decides any sanction, in writing with reasons.

Sanctions

Both procedures list the same student sanctions, including expulsion, suspension "for a period of one, two, three, four, five, six, seven or eight semesters, and documentation of the suspension on the respondent’s academic transcript", disciplinary probation, reprimand, restitution, restrictions, education, counseling and continued no-contact directives. Factors include prior discipline and whether force, a weapon or incapacitation was involved. The OIE Procedures add a rule the Title IX procedure does not state: a student found responsible for sexual violence or non-consensual penetration "is presumed to include a suspension of at least one semester."

Under the Student Code of Conduct, disciplinary records are kept permanently when suspension, expulsion or withholding of a degree is imposed, and a student with an unresolved disciplinary charge "shall not be awarded a degree before the resolution of all disciplinary charges and/or the satisfaction of all sanctions."

Informal resolution

In the Title IX track, any party may ask the Title IX Coordinator about informal resolution at any time after notice of a Formal Complaint and before the Determination of Responsibility. It is voluntary and needs written acknowledgment. You may withdraw at any time before signing an agreement, but once the parties sign, the complaint cannot go back to investigation and hearing. It may involve mediation, shuttle diplomacy or restorative justice, and the agreement may include sanctions. It is not available when an employee is accused of harassing a student. In the OIE track, informal resolution means discussions facilitated by the office, and any party or the office may end it at any time.

Supportive measures

Supportive measures are "non-disciplinary and non-punitive". Examples include counseling, academic adjustments and deadline extensions, schedule changes, campus escorts, safety planning, no-contact directives, housing changes, excused absences, leaves and late withdrawals. Under the Title IX Grievance Procedure, respondents who are affected by the allegations "have the right to receive the supportive measures listed above, if appropriate, regardless of whether they participate in an investigation." The OIE Procedures say the office "will take measures to support the Complainant and Respondent" once it receives a report. Violating a no-contact directive or interim restriction is a separate Student Code of Conduct violation.

Emergency removal and interim action

CSU’s documents describe three different removal processes with three different response windows. Follow the one named in your notice and respond at once.

  • Title IX Grievance Procedure. CSU may remove a student respondent after "an individualized safety and risk analysis" finds "an immediate threat to the physical health or safety of any student or other individual" related to the allegations. Removal may include suspension or removal from campus. "The Respondent may respond in writing to the Title IX Coordinator within three working days of the date of the communication advising of the emergency removal." The Coordinator and the Chief Student Affairs Officer then recommend, and the Provost or designee makes the final decision.
  • OIE Procedures. If the office decides a respondent is a threat or potential threat, the notice of emergency removal "will state that both the Complainant and Respondent may respond in writing to the Office for Institutional Equity within three working days of the date of Notice." The Provost or designee makes the final decision.
  • Student Code of Conduct Procedures. The Dean of Students process for interim actions, including interim suspension, allows "one business day from the date the letter was sent to submit a written response to the notice". That section does not mention sexual misconduct.

Appeals

The two OPR tracks have different appeal routes. Use the deadline in your outcome letter.

  • Title IX track. Either party may appeal a dismissal or a Determination of Responsibility. "An appeal must be submitted in writing to the Title IX Coordinator within five (5) business days of the date of the notice of a full or complete dismissal of a Formal Complaint or the Determination of Responsibility." The Provost or designee decides. There are three grounds: a procedural irregularity that affected the outcome, new evidence that was not reasonably available and could affect the outcome, and a conflict of interest or bias of the Title IX Coordinator, investigator or Decision-Maker that affected the outcome. The other party has five (5) business days to respond. "The timely submission of an appeal means that sanctions identified in the Determination of Responsibility will not be implemented unless or until the Determination of Responsibility is affirmed in whole or in part." Interim and supportive measures can continue.
  • OIE track. If the respondent is a student, either party may appeal the CSAO’s decision to the Provost or designee. "When at least one Party is a student, appeals filed pursuant to this section must be submitted within five (5) working days of the issuance of the CSAO’s decision to the OIE Director". The appeal must be in writing with all supporting materials attached. There are four grounds: bias or conflict of interest, procedures not followed with a materially adverse impact on the report, previously unavailable relevant evidence, and a sanction "substantially disproportionate to the findings and conclusions in the Investigator’s Report." The Provost or designee is to decide within ten (10) working days.

The Student Code of Conduct Procedures have their own appeal route for conduct cases. It is a different route with a different deadline, so do not use it for an OPR matter unless your notice says so. An old 2014 appeal rule (3344-83-10) is still posted on CSU’s site but is no longer part of the Ohio Administrative Code.

FAQ

Does CSU use the 2024 federal Title IX rule?
CSU’s posted Title IX Grievance Procedure was written for the 2020 federal regulations and is dated August 2020. No newer CSU procedure was found. The procedure’s own revocation section means the version that applies should be confirmed with OPR for your case.

Can my advisor be a lawyer?
Yes. In the Title IX track you may choose one advisor, including an attorney, who conducts cross-examination at the hearing. In the OIE track an attorney may conduct Section XI cross-examination but otherwise only supports you.

How long do I have to review the evidence?
In the Title IX track, ten (10) business days to inspect the evidence and send a written response. The OIE Procedures set no separate evidence review period. Both parties receive the Investigator’s Report and can respond to its findings at the meeting with the CSAO.

Will withdrawing from CSU end the case?
Not necessarily. The Title IX procedure lets the Coordinator dismiss when the respondent is no longer enrolled, but it does not require it. The Student Code of Conduct says CSU "retains the right to investigate and resolve the allegations" when a student withdraws during a student conduct process, and it withholds a degree while a disciplinary charge is unresolved.

Is the Office for Protected Rights the same as the Office for Institutional Equity?
Yes. The website uses the new name and the written procedures use the old one.

More guides for Ohio schools: Ohio Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

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 Cleveland State University. Procedures change, so confirm every deadline against your own notice and the currently posted documents, and with CSU’s Office for Protected Rights.

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