SJSU Title IX Lawyer: San Jose State University Defense

If you are searching for an SJSU Title IX lawyer because San José State University has contacted you about a complaint, this page covers what is specific to the campus. It is for SJSU students, and their parents, who have been accused of sexual misconduct, sexual harassment, dating or domestic violence, stalking, or other discrimination, harassment or retaliation (respondents). The systemwide CSU process is explained on the CSU Title IX lawyer page, so this page does not repeat it.

The Two SJSU Offices You May Hear From

Office for Civil Rights and Title IX

The campus office is the Office for Civil Rights and Title IX, formerly the Office for Title IX and Equal Opportunity. It sits within the Division of People and Culture and is in Clark Hall, Room 126. SJSU describes it as one place for reports of protected status discrimination and harassment, including sexual harassment, sexual misconduct, dating and domestic violence, stalking, and related retaliation. The office’s FAQ says it is not a law enforcement agency and that its work is the campus response under university policy.

The office’s Confidential Resources page says “we are not a confidential resource.” It may share report information with other conduct-affiliated administrators to assess safety concerns. The FAQ calls it a private resource office that shares information only with a limited circle of need-to-know administrators. The campus Respondent Rights and Options guide says the office’s processes are designed to treat complainants and respondents equally, and that the Title IX officer does not decide whether a respondent violated policy.

Student Conduct and Ethical Development

Student Conduct and Ethical Development is a separate office, in the Student Union, Suite 3000. It handles Student Conduct Code and academic integrity cases under the CSU Student Conduct Process. Its Policies page lists the CSU Nondiscrimination Policy separately, as the policy for discrimination, harassment, sexual misconduct, dating and domestic violence, and stalking complaints. The sources say little about how the two offices coordinate, beyond the privacy statement above. Check which office signed your notice, because the two offices use different procedures.

How a Matter Starts at SJSU

SJSU describes several ways to report to the Office for Civil Rights and Title IX. A person can contact the office directly, call or text a line that is answered by the next business day (including after hours and on weekends), or submit an online report. People can also report to University Police or to outside agencies, and the campus says its process is separate from the police and court system.

The office says a report is any information it receives about an incident, and a report does not automatically start an investigation. After a report, it sends a letter to the complainant about supportive measures, resources and options. Absent very limited circumstances, the alleged offender is not notified. A complaint is different. It is an official request for an investigation from the complainant or from the Associate Vice President for Civil Rights and Title IX, and the complaint triggers the investigation process.

The campus guide says a respondent is told by written notice. It says the notice describes the allegations, the possible policy violations, the respondent’s rights and the disciplinary process, and that it comes with enough time to prepare before an initial interview. If other possible violations come up, the guide says the respondent receives an amended notice and a chance to respond. The guide also says receiving the notice does not mean the university has reached any conclusion. Informal resolution is separate. SJSU says it can start only with the consent of the complainant, the respondent and the university, and the FAQ says it should be completed within 60 working days absent extenuating circumstances.

SJSU Documents and Where They Look Out of Date

The office’s Policy and Procedures page (last updated September 10, 2026) says the CSU policy and procedures apply across the CSU system. The page still links PolicyStat 12891658 and Executive Order 1098 (14075291). Both now redirect to the current CSU documents (checked October 3, 2026). The Student Conduct Policies page (last updated August 16, 2026) still lists Executive Order 1098, while its Student Conduct page (last updated June 18, 2024) refers to the CSU Student Conduct Process.

The Respondent Rights and Options guide is a 2025 PDF, and its footer says last updated December 2024. It still uses the former office name, calls the opening notice a Notice of Allegations, and links older PolicyStat numbers (12891658, 16328290, 16328171, 10926024). The 2025 formal resolution flowchart also uses the former office name. Use these as the campus guide and chart. Your own notice and the current CSU documents control.

Student Conduct and Ethical Development uses similar names. It sends its own Notice of Investigation, Notice of Conference and Notice of Hearing in conduct cases. Those are not the same as a Notice of Investigation from the Title IX office.

Related pages: California Title IX defense attorney Title IX investigation guide Title IX advisor guide

SJSU Campus Rules by Type of Case

Attorneys and advisors

Two different rules exist, and each belongs to a different kind of case.

• Student Conduct Code cases run by Student Conduct and Ethical Development. Presidential Directive 2019-02 (August 19, 2019, issued under the former Executive Order 1098) says SJSU “does not permit attorneys to be present in any proceeding,” meaning the conference and hearing, and that an advisor who is not an attorney may attend. Its attachment says attorneys are not permitted except in specific circumstances in the former order. It lists exceptions: in cases involving discrimination, harassment and retaliation based on gender (including sexual misconduct, dating and domestic violence, and stalking), the student charged may elect an attorney as Advisor, and attorneys may attend hearings as Advisors where felony charges from the same facts are pending or the recommended sanction is expulsion.
• Title IX and other Nondiscrimination Policy cases run by the Office for Civil Rights and Title IX. The CSU Nondiscrimination Policy and Procedures let a respondent choose one Advisor, who may be an attorney. The campus guide says the same and also says respondents are not required to hire a lawyer.

The directive does not say it governs Nondiscrimination Policy cases, and the CSU documents apply there. If your notice is unclear about which process you are in, ask the office to confirm in writing.

Interim suspension

The campus guide says interim suspension may happen only in very limited circumstances, when the university decides a student poses an imminent and serious threat to someone’s health or safety. It says the student will be notified and can challenge the decision right after the suspension. The CSU Student Conduct Process governs interim suspension.

Student Conduct conferences, hearings and holds

In its own process, Student Conduct and Ethical Development holds a conference, which it describes as a facilitated discussion with a Student Conduct Administrator. A Notice of Conference lists the alleged violations, the factual basis and a range of sanctions. If the student does not agree with the sanctions in a Resolution Agreement, a hearing follows. A Hearing Officer runs it, and the office describes hearings as educational rather than adversarial. The Hearing Officer recommends sanctions to the Vice President for Student Affairs, who makes the final decision.

Its FAQ says a student who does not show up for a conference gets a hold on registration and on the release of records and transcripts. The same hold applies if a student does not complete an assigned sanction. It also says disciplinary probation is entered on the transcript for the duration of the sanction. These statements are from the conduct office’s FAQ about its own cases, so ask what applies to your matter.

Support for Respondents at SJSU

• Respondent Consultant. The Respondent Support page says consultants give guidance and information about procedures. “They are not confidential” and have a mandatory duty to report misconduct a respondent discloses.
• Advisor help. The campus guide says the office will help a respondent identify “a trained (and free) Advisor” if needed.
• Counseling and Psychological Services (CAPS). CAPS offers short-term and crisis counseling to students. It is available to complainants and respondents. SJSU lists it as confidential, but confidential resources may share general information that does not identify anyone with the Clery Act Coordinator.
• Student Wellness Center. It offers health and counseling services.
• Supportive measures. These are free and individualized, and are available to complainants, respondents and witnesses. Examples include counseling, deadline extensions, schedule changes and leaves of absence.
• Student Ombudsperson. It is described as an advocate for procedural fairness. It is listed among the non-confidential resources.
• Accessible Education Center. The guide says the office works with this center when a respondent needs a disability accommodation to take part.

The Campus Survivor Advocate is a confidential resource for survivors, which is the complainant side. It is not listed as a respondent service.

The CSU Process in Brief

The Interim CSU Nondiscrimination Policy applies to alleged misconduct that occurs on or after August 1, 2024, and the Student Respondent Procedures apply to complaints filed on or after March 4, 2025, so the dates in your notice control which version governs. Under the Procedures the opening notice is a Notice of Investigation, while Track 1 uses a notice of allegations that must reach the respondent at least 5 Working Days before an interview. Track 1 covers conduct that meets the Policy’s Title IX definition of Sexual Harassment, occurred in the United States and occurred in a university education program or activity, and it uses a live hearing. Track 2 applies when Track 1 does not, for Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation and Stalking, and it also requires a live hearing. Track 3 covers other discrimination, harassment and retaliation complaints, has no hearing, and the investigator makes the final determination in a Notice of Investigation Outcome. The parties get 10 Working Days to review the evidence with the preliminary investigation report, and the Procedures set 100 Working Days from the Notice of Investigation for the final report, which can be extended for good cause. Each party may have one Advisor, who may be an attorney. Sanctions are decided by the campus president or designee. A party may appeal to the Civil Rights Appeals Unit at the CSU Chancellor’s Office within 10 Working Days after the Notice of Investigation Outcome or Final Decision, and either party may appeal in sexual harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence and stalking complaints, but only the non-prevailing party may appeal in discrimination, harassment, prohibited consensual relationship or retaliation complaints. For the full process, see our CSU Title IX lawyer page.

Official SJSU Title IX Resources

• SJSU Office for Civil Rights and Title IX
• SJSU Respondent Support
• SJSU Resolution Processes
• SJSU Student Conduct and Ethical Development
• Interim CSU Nondiscrimination Policy (with Track 1 attachment)
• Interim CSU Nondiscrimination Policy: Student Respondent Procedures (with Addenda A and B)

Last verified: October 2026

Frequently Asked Questions About SJSU Title IX Cases

Which office will contact me?

For a Nondiscrimination Policy complaint, it is the Office for Civil Rights and Title IX, though older materials may still call it the Office for Title IX and Equal Opportunity. For a Student Conduct Code matter, it is Student Conduct and Ethical Development. Check the letterhead and the policy named in your notice.

Is the Office for Civil Rights and Title IX confidential?

No. SJSU says it is a private resource office, not a confidential one, and that it shares information with a limited circle of need-to-know administrators. Respondent Consultants are also not confidential and must report what you tell them. Confidential resources are listed separately, such as CAPS.

Can a lawyer be my advisor at SJSU?

In Title IX and other Nondiscrimination Policy cases, CSU documents let you choose one Advisor who may be an attorney, and the campus guide says the same. In general Student Conduct Code cases, Presidential Directive 2019-02 says SJSU does not permit attorneys in conferences or hearings, with exceptions listed in its attachment. If your notice does not say which process applies, ask the office to confirm in writing.

Is there free advisor or respondent support at SJSU?

Yes. The campus guide says the office will help you identify a trained and free Advisor if you need one. The Respondent Consultant gives guidance about procedures but is not confidential. Supportive measures are free to respondents.

What if I miss a meeting or want to withdraw or take a leave?

In Student Conduct and Ethical Development’s own process, missing a conference leads to a hold on registration and on records and transcripts. The sources reviewed do not say what happens to a Title IX matter if you withdraw. Supportive measures can include leaves of absence, so ask the office in writing how a withdrawal or leave would affect your case.

How long do I have to appeal?

Under the CSU appeal rules, you have 10 Working Days after the Notice of Investigation Outcome or Final Decision. In Track 1, the 10 Working Days run from the date of the decision letter. Who may appeal depends on the type of complaint, so read the outcome notice and the CSU documents it cites.

Will my parents find out?

The campus guide says information held by the office is protected by FERPA. It says that, absent limited exceptions, the university may not disclose your educational record to anyone, including parents, without your consent. The guide adds that information can be shared with a limited circle of need-to-know administrators.