CSUSM Title IX Lawyer: A Student Respondent Guide

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Students who search for a CSUSM Title IX lawyer usually have a notice from the Office for Title IX & DHR at California State University San Marcos and want to know what happens next. This page explains, in general terms, how CSUSM handles a sexual misconduct or other discrimination, harassment, or retaliation 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

CSUSM’s Office for Title IX & DHR (DHR stands for Discrimination, Harassment, and Retaliation) says it works "in accordance with the Interim CSU Nondiscrimination Policy, as well as state and federal law." The governing documents are 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," and 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 date or complaint date is earlier, ask the Office for Title IX & DHR in writing which version applies.

Several CSUSM pages still link older CSU document numbers. On September 25, 2026, each of those links opened the same current documents listed above. Two older CSUSM documents, including a 2019 guide to the Title IX complaint process, are no longer posted, so this page does not rely on them.

Which track

The Title IX Coordinator/DHR Administrator first decides whether Track 1 applies. Under the Policy, Track 1 covers conduct that meets the Policy’s Title IX Sexual Harassment definition, "Occurred in the United States," and occurred in an education program or activity at the university. 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 will make the final determination in the case."

Conduct that falls outside the Policy is handled under the separate Student Conduct Process.

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/DHR Administrator. CSUSM takes complaints through an online form linked from its File a Complaint page.

After a Complaint arrives, the Title IX Coordinator/DHR Administrator 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 take part, and in that case "will make the Complaint on behalf of the University." If a Complaint is not accepted, the complainant is told in writing within 10 Working Days of the intake or the written request for investigation, whichever is later.

Early steps after notice

Under the Procedures, the Title IX Coordinator/DHR Administrator 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 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 it describes the possible range of sanctions. It also warns that evidence you have but do not share during the investigation might not be considered later. 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, "The notice of allegations must be provided to a Respondent at least 5 Working Days prior to the interview."

From the NOI until the appeal deadline passes or the appeals unit issues its final response, the 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/DHR Administrator may dismiss it if the complainant withdraws in writing or if circumstances prevent the University from reasonably 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 may respond within 5 Working Days, and the unit decides within 10 Working Days of receiving the appeal.

Track 1 has its own dismissal rules, and a dismissed Track 1 complaint may be referred to Track 2 or 3. 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, meaning "whether alleged conduct more likely than not occurred." The Procedures put the job of gathering sufficient evidence on the University, not on the parties. You may submit documents, name witnesses, and ask the investigator to collect more evidence, though the investigator may decline questions that are "repetitive, irrelevant, or harassing." 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/DHR Administrator "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.

In Track 1, "Each Party will be given a minimum of 10 Working Days for the initial review of evidence," and later 10 Working Days to give a written response to the final investigation report.

Advisor and hearing

Under 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 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.

CSUSM’s Dean of Students pages describe a narrower rule for general student conduct cases. The Student Conduct Process page says "students may not have attorneys serve as their advisors unless they are facing criminal charges related to the incident in question or expulsion may result from the student conduct process." The CSU Student Conduct Process lets campuses set attorney rules only in cases "excluding cases involving the CSU’s Nondiscrimination Policy," and its Article IV, which covers Nondiscrimination Policy cases, says the Advisor "may be anyone, including an attorney." If your notice is unclear about which process applies, confirm the advisor rule in writing with the Office for Title IX & DHR.

Track 2 hearings

Addendum A provides a live hearing before a Hearing Officer, generally by videoconference with the parties in separate locations. 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, any objection to the Hearing Officer (based only on an actual conflict of interest), and any objection to the remote format.
  • 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, and there are no closing statements. The Hearing Officer may give less weight to statements from someone who refuses to answer, but "will not draw an inference about whether alleged conduct occurred based solely on a Party’s or witness’s refusal to respond to such questions."

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 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 themselves may not directly ask questions of each other and witnesses," 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.

Sanction hearings under the Student Conduct Process

In Track 3 there is no hearing on the findings. If the investigator finds a violation, the outcome goes to the administrator responsible for discipline. Article IV of the Student Conduct Process sets the sanctioning steps for Nondiscrimination Policy cases "that do not involve Sex-based Harassment": the findings become final 11 Working Days after the Notice of Investigation Outcome unless an appeal is filed, then the Student Conduct Administrator holds a conference with you, and if no agreement is reached, a hearing follows that "is limited to determining appropriate sanctions; the findings of the investigation are not under review." Anyone bringing an attorney to that hearing must give the attorney’s name, address, and phone number "at least 5 Working Days before the hearing."

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 remain on the transcript permanently. Its rules on withdrawing while a case is pending are worded differently in two places, so ask the office before withdrawing.

Informal resolution and acceptance of responsibility

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 to participate in the informal resolution process." 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.

A respondent may also accept responsibility before a determination by signing a written document that describes the range of sanctions. The president or designee then decides the sanction.

Supportive measures

The Title IX Coordinator/DHR Administrator offers supportive measures to respondents "during an initial meeting." The Policy describes them as offered "not for punitive or disciplinary reasons, and without fee or charge," and they may include counseling, deadline extensions and other course adjustments, contact restrictions, leaves of absence, and changes to class, work, 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 lets you request a hearing that the Hearing Officer must hold 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 different terms: the Track 1 attachment uses "an immediate threat to the physical health or safety," while Article IV of the Student Conduct Process uses "an imminent and serious threat to the health or safety." Both give you 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; in other complaints only the non-prevailing party may. 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 unit "does not reweigh the evidence" and responds within 30 Working Days unless extended. Addendum B says 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." Where sanctions are set through Article IV of the Student Conduct Process, either party may appeal the president’s sanction decision to the Chancellor’s Office "no later than ten (10) Working Days after the date of the president’s decision letter."

CSUSM’s Formal Hearing FAQs say "You cannot appeal the outcome of the formal hearing," with an exception for cases under Executive Order 1097, a former CSU order. That FAQ is written for the general student conduct process, while the current CSU documents described above provide Chancellor’s Office appeals in Nondiscrimination Policy matters. For Title IX and DHR matters, use the appeal deadline, recipient, and grounds stated in your own decision letter or outcome notice.

FAQ

Do I need a lawyer for a CSUSM 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.

Who do I contact at CSUSM?
The Office for Title IX & DHR is in Administration Building 3200 (nondiscrimination@csusm.edu, 760-750-6020). Its Assistant Vice President serves as the Title IX Coordinator/DHR Administrator. Student conduct matters go through Student Conduct & Ethical Development in the Dean of Students Office (dos@csusm.edu, 760-750-4935).

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?
A hearing on the findings happens only in Track 1 or Track 2. Track 3 matters are decided by the investigator, although sanctions may then go through the Student Conduct Process, which can include a hearing limited to sanctions. If your notice does not make the track clear, ask the Office for Title IX & DHR.

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 San Marcos 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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