CSU Title IX Lawyer: Systemwide Process Guide

If you are looking for a CSU Title IX lawyer, you probably just received a notice from a California State University campus and want to know what comes next. This page explains the systemwide process every California State University campus uses for sexual misconduct and other discrimination, harassment and retaliation complaints against students. It describes the process in general terms. Your own notice and the version of the rules that applies to your case control the actual deadlines.

Which rules govern a CSU student case

The documents

Three CSU documents do most of the work.

The Interim CSU Nondiscrimination Policy (the Policy). It defines the prohibited conduct and the key terms. It has a Track 1 attachment, the “Federal Mandated Hearing Process,” for certain Title IX cases.
The Interim CSU Nondiscrimination Policy: Student Respondent Procedures (the Procedures). They apply to complaints against students when Track 1 does not apply. Addendum A sets out the Track 2 hearing. Addendum B sets out appeals.
The CSU Student Conduct Process. It governs student discipline generally, including interim suspension and sanctions.

Dates that decide which version applies

The Policy says its definitions “should be used for alleged misconduct that occurs on or after August 1, 2024.” Conduct before that date is judged under the policy in place at the time. The CSU index page says the same thing: the Policy applies to reports or complaints about conduct on or after August 1, 2024.

The Procedures took effect March 4, 2025. They say they “are not retroactive” and “should be used for complaints filed on or after March 4, 2025.” The Student Conduct Process is shown with an effective date of June 5, 2025. Its Article IV says it applies to alleged misconduct on or after August 1, 2024, and is not retroactive.

The CSU index page also lists superseded documents. These are the August 1, 2024 Nondiscrimination Policy, Student Procedures, and Employee and Third-Party Procedures, plus a January 1, 2023 policy. If you find one of these online, it may not be the version that applies to you.

Which version governs your case can depend on the incident date, the complaint date, and the dates in your notice. If your dates are earlier than those above, ask your campus Title IX or civil rights office in writing which version applies.

Your campus applies these documents

Each campus applies these documents through its own Title IX Coordinator or civil rights office. The Policy calls this person the Title IX Coordinator/DHR Administrator. Campus web pages sometimes still describe older procedures or link older document numbers. Use your campus page on this site and your own notice to confirm which documents your campus is using.

The three tracks

The Title IX Coordinator/DHR Administrator first decides whether Track 1 applies. If it does not, the Procedures govern a complaint against a student.

Track 1

Under the Policy, Track 1 applies when the alleged conduct meets the Policy’s Title IX definition of Sexual Harassment, “Occurred in the United States,” and occurred in an education program or activity of the university. The Track 1 attachment says it follows the 2020 federal Title IX regulations.

Track 1 has a hearing, and it has its own rules for notice, evidence, hearings and appeals, described below. Allegations that do not meet Track 1 requirements are dismissed under Track 1. They may be referred to Track 2 or Track 3, to the Student Conduct Process, or to another policy.

Track 2: hearing required

Under the Procedures and Addendum A, a hearing is required for allegations of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking.

Track 3: no hearing

For other discrimination, harassment and retaliation complaints, the Procedures say no hearing is required and “the investigator will make the final determination in the case.” The investigator’s decision comes in a Notice of Investigation Outcome with the final investigation report attached.

Conduct outside the Policy

Alleged student misconduct that does not fall under the Policy goes to the Student Conduct Process instead.

Working Days

The Policy defines Working Days 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.” Deadlines below are in Working Days unless the text says otherwise. Count them from the date your notice states.

Report versus Complaint

Anyone may report possible misconduct. Only certain people may file a Complaint:

a student or employee of the University;
a person who is not a student or employee but was taking part, or trying to take part, in a University program when the conduct happened;
a person with the legal right to act for a complainant; or
the Title IX Coordinator/DHR Administrator.

After receiving a Complaint, the Coordinator decides “whether to open an investigation after making a preliminary inquiry into the allegations.” The Coordinator may go forward even if the complainant does not want to take part. In that case the Coordinator “will make the Complaint on behalf of the University.”

If the Coordinator decides the Complaint does not allege a violation, the complainant must be told in writing. The notice is due within 10 Working Days of the intake or the written request for investigation, whichever is later. The Coordinator may refer the matter to another campus office.

Notice of Investigation

Timing and contents

The Procedures require the Coordinator to send 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). The same deadline runs from a decision to investigate without a request. The NOI must go out “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 read your notice closely.

The NOI must include:

a summary of the allegations, including the parties, the conduct, and the dates and places;
a copy or link of the Procedures and the Policy;
a summary of the process, including appeal and informal resolution;
a statement that retaliation is prohibited;
the estimated timeline;
information on counseling and supportive measures;
a statement that you may have one Advisor, who may be an attorney;
a statement that evidence you have but do not share during the investigation might not be considered later;
a statement that the Standards for Student Conduct prohibit giving false information to a University official; and
a statement of the possible range of sanctions.

The NOI 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”. It offers the respondent an initial meeting. That meeting is described as not investigatory. Notices go to your CSU campus email unless you ask in writing for a different address.

Track 1 notice of allegations

Track 1 uses a notice of allegations instead. When it also tells the respondent to attend an interview, “The notice of allegations must be provided to a Respondent at least 5 Working Days prior to the interview.” Track 1 also calls for written notice of at least 3 Working Days for other meetings and interviews where your participation is expected. A respondent who asks to meet sooner should confirm on the record that they know about the notice period.

Confidentiality of process records

Under the Procedures, from the NOI until the appeal deadline passes or the Civil Rights Appeals Unit issues its final response, the parties and witnesses may not use or disclose records obtained through the process. This does not stop you from gathering evidence, speaking with witnesses, or consulting family, confidential resources or your Advisor. Information you learn by other means is also outside the restriction. Sensitive materials such as recordings and medical records may be provided for viewing only. Violating these limits can lead to discipline.

Administrative holds

Once you have written notice of a pending investigation, the University may place an administrative hold on registration, release of records and transcripts. It may also withhold awarding a degree until the process and any sanctions are complete.

Dismissal

Under the Procedures

After accepting a Complaint, the Coordinator may dismiss it, or part of it, in two situations. The first is when the complainant withdraws in writing. The second is when the circumstances prevent the University from reasonably gathering the evidence it needs. The parties receive written notice and an appeal opportunity. The grounds for a dismissal appeal are:

a procedural irregularity that would likely have changed the outcome;
new evidence that was not reasonably available and would likely have changed the outcome; and
a conflict of interest or bias that would change the outcome.

Under Track 1

Track 1 has two kinds of dismissal. A mandatory dismissal applies to conduct that would not meet the definition even if proved, did not occur in an education program or activity, or did not occur in the United States. A discretionary dismissal is possible when the complainant withdraws in writing, the respondent is no longer a student or employee, or specific circumstances prevent gathering enough evidence. Written notice goes to both parties at the same time, with the reasons and appeal rights.

Dismissal appeals

Under both documents the appeal is due 10 Working Days from the date of the notice of dismissal. The Procedures say it this way: “The appeal must be submitted within 10 Working Days from the date of the notice of dismissal.” The appeal goes to the Civil Rights Appeals Unit at the CSU Chancellor’s Office. The other party has 5 Working Days to respond. The unit decides within 10 Working Days of receiving the appeal and may extend these times for good cause. Its response ends the dismissal process.

Investigation and evidence

Standard and burden

The standard is a preponderance of the evidence. The Policy defines this as a standard that determines whether alleged conduct more likely than not occurred. The Procedures put the work of gathering sufficient evidence on the University, not on the parties. Neither the complainant nor the respondent has the burden to prove or disprove the allegations. Track 1 likewise places the burden of proof and the burden of gathering evidence on the campus.

A respondent will not be found responsible solely because they did not take part in the investigation or hearing. A respondent will also not be cleared solely because the complainant or a witness did not take part.

What you can do during the investigation

You may submit documents, name witnesses, and ask the investigator to collect more evidence or ask specific questions. The investigator may decline a request if the questions are repetitive, irrelevant or harassing. The investigator may also decline if you can easily get the information elsewhere, if the burden of getting it outweighs its value, or if less intrusive means exist. Some evidence is impermissible even if relevant. This includes privileged material, private treatment records without written consent, and most evidence about sexual interests or other sexual conduct.

Preliminary report and review of evidence

Before the report is final, both parties receive a preliminary investigation report and the relevant evidence. The Procedures say “The Parties will have 10 Working Days to review the evidence.” During that time you may respond in writing, ask for more evidence or questions, and identify more witnesses. The investigator decides when the review ends. A final investigation report follows. In a Track 3 case it comes with the Notice of Investigation Outcome.

Timeframes in the Procedures

Complaint accepted or not accepted: within 10 Working Days of the intake or written request for investigation (whichever is later).
Review of evidence response: 10 Working Days from the date the preliminary report is sent.
Final investigation report: 100 Working Days from the date the NOI is sent.
Notice of hearing: at least 20 Working Days before the hearing.
Hearing Officer’s decision report: 15 Working Days from the end of the hearing.
Final decision from the president or designee: 10 Working Days from receipt of the sanction recommendation.
Appeal submission: 10 Working Days from the Notice of Investigation Outcome (Track 3) or Final Decision (Track 2).
Appeal determination: 30 Working Days after receipt of the written appeal.

These can be extended for good cause. Good cause includes academic breaks and exam periods, complex cases, law enforcement requests and accommodations. The Coordinator makes the final decision on extensions and must give the parties written notice. The Coordinator “will not unreasonably deny a Student Party’s request for an extension during periods of examinations or academic breaks.” Both parties receive a status update every 30 days from the NOI until the outcome, unless a party asks in writing not to receive them.

Track 1 evidence review

In Track 1 the investigator sends all evidence directly related to the allegations, including evidence the campus does not plan to rely on. “Each Party will be given a minimum of 10 Working Days for the initial review of evidence” to respond to disputed facts and submit questions. The Coordinator may extend that period for both parties. The final investigation report should follow within 10 Working Days after the review ends. Each party then has 10 Working Days to respond in writing. Absent good cause, Track 1 says the investigation should be concluded within 100 Working Days from the notice of allegations.

Advisors and support persons

Under the Policy and the Procedures

You may have one Advisor of your choice, “who may be, but is not required to be, an attorney or a union representative.” The Advisor may observe and consult with you. The Advisor may not answer questions about the subject matter of the investigation for you. You may also consult an attorney at your own expense. The University may not limit your choice of Advisor, but an Advisor’s unavailability will not unreasonably delay scheduling. Track 1 adds that the Advisor may not speak on your behalf.

Student Conduct Process

The rules differ depending on whether the Policy is involved.

For student conduct cases that do not involve the Policy, the Student Conduct Process lets each campus president decide by campus directive whether attorneys may be present. Attorneys may attend hearings as Advisors where criminal charges arising out of the same facts are pending, or where expulsion is a possible sanction. An attorney must be named to the Student Conduct Administrator in writing at least 5 Working Days before the hearing.
For cases under its Article IV (sanction proceedings related to the Policy), the Student Conduct Process says the parties may choose an Advisor, who may be anyone, including an attorney. That Advisor may not answer questions about the subject matter of the case. Its hearing notice also requires an attorney to be named at least 5 Working Days ahead.

Track 2 hearing (Addendum A)

Format

Addendum A provides a live hearing before a Hearing Officer. Generally the parties are in separate locations and connected by videoconference. A Hearing Coordinator, who may not be the investigator, runs the process. The hearing is recorded by the University, and no other recording is allowed. If a party does not appear without good cause, the hearing goes ahead. The Hearing Officer decides whether good cause exists.

Deadlines before the hearing

At least 20 Working Days before: written notice of the hearing, with the date, time, location, purpose and the Hearing Officer’s name.
No later than 15 Working Days before: your proposed witness list, the names of your Advisor and Support Person, any objection to the Hearing Officer (based only on an actual conflict of interest), any objection to the videoconference setup, and any request for space, technology or a disability accommodation.
No later than 10 Working Days before: the Hearing Coordinator shares the witness list and notifies witnesses.
No later than 5 Working Days before: your proposed questions, and any objections or questions about the witness list.
No later than 1 Working Day before: the Hearing Officer resolves pending requests about participation.

At the hearing

“All questions will be asked by the Hearing Officer.” You propose questions in advance and may submit written follow-up questions during the hearing. The Hearing Officer decides whether each question is relevant and explains any decision to exclude one. Questions that are unclear or harassing are not allowed, although you may be allowed to clarify them. You may raise concerns about a question in writing.

You may bring one Advisor and one Support Person. They may observe and consult with you, but they “will not make the opening statement or speak regarding the substance or the process of the hearing.” You may ask the Hearing Officer for a break to speak with them. Each party may give an opening statement of up to 10 minutes. There are no closing statements. Formal courtroom rules of evidence do not apply.

The Hearing Officer may give less weight, or no weight, to statements from someone who refuses to answer relevant questions. The Hearing Officer will not infer that the conduct occurred based only on that refusal.

After the hearing

The parties are notified of the determination, with the Hearing Officer’s report, within 15 Working Days of the end of the hearing unless the Coordinator extends it. If a violation is found, each party may submit an impact statement of up to 2000 words. It is due no later than 5 Working Days after the report is sent. The Hearing Officer then updates the report with recommended sanctions within 5 Working Days. The president or designee issues a Decision Letter within 10 Working Days of receiving the report. The president may adopt, change or reject the recommended sanctions and must give reasons if the sanction differs. Unless an appeal is filed, the sanction “becomes final 11 Working Days after the date of the Decision Letter.”

Track 1 hearing

In Track 1, “The Complainant and Respondent must have a hearing advisor at the hearing.” The hearing advisor asks the other party and the witnesses all relevant questions and follow-up questions, including questions that challenge credibility. “Parties themselves may not directly ask questions of each other and witnesses.” A party may not be questioned directly by their own hearing advisor. The hearing advisor may be the same person as the Advisor, and a party may have both. If you do not have a hearing advisor, the campus provides one. You must give the name of your hearing advisor within 5 Working Days after the notice of the hearing timeline.

The hearing officer usually starts the questioning and rules on relevance before each answer. Closing arguments are not made, and opening statements are limited to 10 minutes and made only by the parties.

The hearing will not be set sooner than 20 Working Days after the notice of hearing. Objections to the hearing officer, based on an actual conflict of interest, are due within 5 Working Days after the officer’s identity is communicated. Witness lists are due 15 Working Days before the hearing and proposed questions 5 Working Days before. Track 1 says the hearing officer’s report usually goes out within 15 Working Days of the close of the hearing. Impact statements, the president’s decision and finality follow the same 5, 10 and 11 Working Day steps as Track 2.

Sanctions

What the two documents list

The Procedures say sanctions for students found to have violated the Policy 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.” They add that the University may temporarily or permanently withhold a degree.

The Student Conduct Process’s own list in Article V is restitution, loss of privilege, educational and remedial sanctions, denial of access to campus or persons, disciplinary probation, suspension and expulsion. It includes loss of privilege and does not list loss of financial aid. More than one sanction may be imposed for a single violation.

Transcripts, withdrawal and degrees

Under the Student Conduct Process, expulsion and suspension of one year or more are entered on the transcript permanently. Its rules on withdrawing while a case is pending are worded differently in two places. One place says a withdrawal while a case is pending stays on the transcript until a final outcome. Another place lists withdrawals with pending misconduct investigations among the entries that stay on the transcript permanently. Ask the office before you withdraw. The University may also withhold a degree until the process and any sanctions are complete.

Acceptance of responsibility

A respondent may accept responsibility at any time before the investigator or Hearing Officer issues a determination. The Coordinator must first explain that the president or designee will then decide the sanction. Acceptance could, but will not necessarily, count as a mitigating factor. It counts only if you sign a written document describing the range of sanctions the president will consider. Each party may then submit a statement of up to 2000 words within 5 Working Days. The parties may appeal the sanction only. If you accept responsibility for only some of the conduct, the process continues on the rest.

Article IV sanction steps for Track 3 cases

Article IV of the Student Conduct Process covers sanctioning in cases that do not involve Sex-based Harassment. The investigation findings are final and binding once appeals are used up. They become final 11 Working Days after the Notice of Investigation Outcome unless the Chancellor’s Office reports an appeal. After that:

The Student Conduct Administrator offers the complainant a conference, then notifies the respondent of a conference.
If the case is not resolved, a Notice of Hearing is issued within 5 Working Days after the conference. The hearing is held with at least 10 Working Days’ notice and no later than 20 Working Days after the notice.
The hearing decides sanctions only. The investigation findings are not reopened.
The Hearing Officer reports within 10 Working Days, and the president or designee decides within 10 Working Days of receiving the report. That decision becomes final 11 Working Days after the decision letter unless an appeal is filed.

Informal resolution

Informal resolution is voluntary and needs written consent from the parties. Under the Procedures it can happen at any time before a determination of responsibility, but no later than 60 Working Days after both parties consent, unless extended in writing. The formal timeline is paused while it runs. Either party may withdraw before agreeing to a resolution. The Coordinator may decline to allow informal resolution, for example if the conduct presents a risk of harm to others. The Procedures state: “A signed agreement to an Informal Resolution is final and is not appealable by either Party.”

Mediation cannot be used, even voluntarily, for sexual misconduct, sexual exploitation, dating violence, domestic violence or stalking complaints. Track 1 allows informal resolution only after a Formal Complaint is filed. It cannot be used to resolve allegations that an employee sexually harassed a student. Under Track 1 the resolution is also final and not appealable, and the parties cannot file another formal complaint on the same allegations.

Supportive measures and interim actions

Supportive measures

Supportive measures are free and are not punitive. Examples include counseling, deadline extensions and other course adjustments, campus escorts, contact restrictions, leaves of absence, and changes in class, work or housing. The Coordinator describes them to respondents at an initial meeting. For sexual misconduct-type matters, either party may ask for review of a decision about their supportive measures. No-contact directives may be one-way or mutual. The Procedures set conditions on both kinds.

Interim suspension

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 uses similar grounds. The student may request a hearing, and the Student Conduct Process says the Hearing Officer holds it within 10 Working Days of the request. During an interim suspension you may not enter any CSU campus without written permission from the campus president or designee, except to attend hearings.

Emergency removal

The two documents word the standard differently. The Track 1 attachment refers to “an immediate threat to the physical health or safety” of a student or other individual. It also says a threat of obstructing the investigation or destroying evidence does not justify removal. Article IV of the Student Conduct Process refers to “an imminent and serious threat to the health or safety” of a complainant or others, and applies only to reports or complaints of Sex-based Harassment. Both give you a hearing within 10 Working Days of your request. Follow the instructions in your own removal notice.

Appeals to the Chancellor’s Office

Who may appeal and when

Addendum B sends appeals to the Civil Rights Appeals Unit at the CSU Chancellor’s Office. For sexual harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence and stalking complaints, either party may appeal. For discrimination, harassment, prohibited consensual relationship or retaliation complaints, only the non-prevailing party may appeal. A written appeal goes to the unit “no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases).” Arguments and evidence must be in by that deadline. The appeal may not exceed 3,500 words, excluding exhibits. Electronic submission is the preferred method, and your notice will give the address. The other party and the campus may respond within 10 Working Days, also up to 3,500 words.

Grounds

Under Addendum B, the grounds are:

no reasonable basis for the findings or conclusions;
procedural errors that would likely have changed the outcome;
new evidence that was not reasonably available and would change the outcome; and
a conflict of interest or bias that would change the outcome.

Addendum B also lists a sanction that is objectively unreasonable or arbitrary, but marks it “(For Acceptance of Responsibility cases or Appeal reversals).” The Track 1 attachment lists an unreasonable or arbitrary sanction as an appeal ground without that limit.

Decision

The unit “does not reweigh the evidence,” re-decide conflicts in the evidence, or revisit credibility findings. It may send a matter back to the campus to reopen the investigation or hearing. It may reverse a finding if no reasonable fact finder could have reached it. The Procedures and Track 1 both give the unit 30 Working Days from receipt of the appeal to respond, unless the time is extended. Addendum B says its determination “is final and is not subject to further appeal.”

Track 1 appeals

In Track 1, a written appeal may be submitted “no later than 10 Working Days after the date of the decision letter.” It has the same 3,500 word limit and a 10 Working Day response period for the other party and the campus. Use the deadline, recipient and grounds stated in your own decision letter or outcome notice.

Article IV sanction appeals

In Article IV cases, the complainant and respondent may each appeal the president’s sanction decision to the Chancellor’s Office within 10 Working Days of the decision letter. The complainant may also appeal a proposed resolution agreement within 10 Working Days of notice of it. These appeals are limited to whether the sanction is reasonable and whether prejudicial procedural errors occurred at the hearing. Article IV says the Chancellor’s Office issues a final response within 10 Working Days of receiving the appeal unless the time is extended. Addendum B gives the unit 30 Working Days. Use the timeline in your own notice.

Campus pages

Each campus page covers that campus’s office and any differences from this systemwide process.

More guides for California schools: California Title IX defense.

FAQ

Can a lawyer be my advisor?
Yes, in the Title IX processes. The Policy, the Procedures and Track 1 all say the Advisor may be an attorney. You may choose one Advisor, and the Advisor may observe and consult with you but may not answer questions about the subject matter of the investigation for you. In student conduct cases outside the Policy, the campus president decides whether attorneys may attend, subject to exceptions for pending criminal charges or possible expulsion. You may also consult an attorney at your own expense.

How long do I have to appeal?
Under Addendum B, the deadline is 10 Working Days after the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). Under Track 1 it is 10 Working Days after the date of the decision letter. A dismissal appeal is due 10 Working Days from the notice of dismissal. The Civil Rights Appeals Unit may extend appeal timelines for good cause. Use the dates in your own notice.

Which office handles my case?
Your campus Title IX Coordinator or civil rights office (the Title IX Coordinator/DHR Administrator) handles the investigation. The Student Conduct Administrator is involved in sanctions and interim actions. Appeals go to the Civil Rights Appeals Unit at the Chancellor’s Office. Check your notice and your campus page.

Will my case have a hearing?
It depends on the track. Track 1 and Track 2 cases have a live hearing. Track 3 cases do not, because the investigator makes the final determination. Your notice should say which process applies. If it does not, ask the campus office in writing.

Which version of the rules applies to me?
It can depend on the incident date, the complaint date and the dates in your notice. The Procedures apply to complaints filed on or after March 4, 2025, and the Policy’s definitions apply to alleged misconduct on or after August 1, 2024. Confirm with your campus office in writing.

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 the California State University system or any of its universities. Policies and procedures change, so confirm every deadline against your own notice, the currently posted policy and procedures, and your campus Title IX or civil rights office.

CSU Title IX Lawyer: Systemwide Student Process Guide

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