Reporting to Title IX for a University Investigation

The decision to contact and report to Title IX is entirely yours.

You can review the most up to date policies for Title IX on the Office of Equal Opportunity website. 

Please review the Title IX FAQ link found here.

If you have questions about the new hearing process, you can access a flow chart from the CSU found here.

If you do make the decision to report:

  1. Call or email the Title IX Coordinator and tell them you would like to make a report.
  2. Meet with a Safer Advocate who can answer questions about the process, walk you through what will be required, assist to coordinate the meeting and support you through the entire process.

 

You can set up an appointment with Shelby, our Advocate that supports students reporting to Title IX and Law Enforcement by using this link: https://www.calendly.com/slbachel 


Types of Investigations

Single-Investigator Model v. Hearing Model
There are two types of Title IX investigations. Whether a Single-Investigator or Hearing model is used depends on the details of your incident. 

Single-Investigator Model is appropriate for cases:

  • Of discrimination, harassment, or retaliation (including most instances of dating violence without sexual misconduct, and stalking incidents)
  • Of sexual misconduct where credibility is not in question (i.e., specific circumstances with video evidence, photo evidence, or explicit admission of guilt; some combinations of credibility and DNA evidence, etc.).
  • Of sexual misconduct where the possible outcome for the alleged assailant is not suspension or expulsion.

 

Hearing Model is appropriate for cases:

  • Of sexual misconduct + the possible outcome for the alleged assailant is suspension or expulsion + the survivor/witness credibility is central to the finding.

Flow of the Investigation (Single-Investigator)

Single-Investigator investigations begin with you e-mailing or calling Title IX and asking to make a complaint of misconduct to their office. An Investigator will work with you to schedule an intake appointment. At the intake appointment you will tell your story, present any evidence, submit a list of witnesses, and answer questions of the Investigator.

 If enough information was provided to begin an investigation, a Notice of Investigation email will be sent to both you (the Complainant) and the person you reported (the Respondent) and a No Contact Order will be put in place between the two of you. Shortly after, the Investigator will interview the Respondent and all named witnesses, and then develop a Preliminary Investigation Report document that will be sent to you both via email. This document contains all submitted information from you and the Respondent.

You will have 10 Working Days to respond to the Preliminary Investigation Report. All correspondence occurs through the Investigator. At no point will you be in contact with the Respondent. 

All comments and questions about the Preliminary Investigation Report are collected and sent back out to both parties. You will be able to see and comment (when necessary) on all information offered by the Respondent. This back and forth may happen a few times.

When all relevant information is considered, the Investigator will work with the Title IX Coordinator to come to a conclusion on the Preponderance of Evidence Standard.

The Preponderance of Evidence Standard "means the greater weight of the evidence; i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on the other side" (Executive Order 1097). 

The conclusion is sent out to both parties in a document titled "Notice of Investigation Outcome". If either party is unhappy with the outcome, there is a 10 Working Day window in which they can appeal to the Chancellor's Office.

Appeals to the Chancellor's Office are considered on a limited situational bases. The situations being:

  1. "The investigation outcome is unsupported by the evidence, based on the Preponderance of the Evidence standard;
  2. Prejudicial procedural errors impacted the investigation outcome to such a degree that the investigation did not comply with this Executive Order; or 
  3. New evidence not available at the time of the investigation." (EO, 1097)

Sometimes appeals are granted and campus-based findings are overturned, and then the other party can move to appeal the overturned finding. Both parties are only able to appeal to the Chancellor's Office one time per investigation. 

If a violation is found, you can submit an impact statement to the Office of Student Rights and Responsibilities. This office works out the sanctions appropriate for Title IX investigation outcomes.

If no violation is found, someone from Title IX or the Office of Student Rights and Responsibilities will meet with you to discuss the outcome.

You can make an appointment with Shelby, the Advocate that assists with reporting to Title IX, by accessing her scheduler here: https://www.calendly.com/slbachel


Flow of the Investigation (Hearing Model)

Hearing Model investigations begin with you e-mailing or calling Title IX and asking to make a complaint of misconduct to their office. An Investigator will work with you to schedule an intake appointment. At the intake appointment you will tell your story, present any evidence, submit a list of witnesses, and answer questions of the Investigator.

The Title IX Coordinator will meet with the Investigator to review the contents of your initial report. If enough information was provided to begin an investigation, a Notice of Investigation email will be sent to both you (the Complainant) and the person you reported (the Respondent) and a No Contact Order will be put in place between the two of you. Shortly after, the Investigator will interview the Respondent and all named witnesses, and then develop a Preliminary Investigation Report document. This document contains all submitted information from you and the Respondent and it is sent via email to both of you.

You will be given written notice of the date, time, and location of your hearing as well as the identity of your Hearing Officer (different person than the Title IX Investigator who is working with you) at least 15 Working Days before it takes place. The timeline before the hearing looks like this:

Who is permitted to be present at your hearing:

  • You + your advisor + one support person of your choice
  • Respondent + their advisor + one support person of their choice
  • The appropriate witnesses while they are testifying
  • Student Conduct Administrator
  • Title IX Coordinator
  • Hearing Coordinator
  • Hearing Officer
  • CSU Administrator 

 

Order of the hearing:

  • Hearing Officer gives overview of Hearing process
  • Hearing Officer or Investigator or Title IX Coordinator will describe complaint, investigation process, and summarize the evidence
  • You are permitted an opening statement (10 min. maximum), as is the Respondent
  • Hearing Officer may ask questions of you, the Respondent, the Investigator, University officials present, and all/any witnesses
  • Follow-up questions that develop during the hearing can be submitted at appropriate times, as designated by the Hearing Officer

 

After the hearing, the Hearing Officer will make findings of fact and conclusions about whether the Respondent violated University Policy based on the Preponderance of Evidence standard. 

The Preponderance of Evidence Standard "means the greater weight of the evidence; i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on the other side" (Executive Order 1097).

The conclusion is sent out to both parties. If either party is unhappy with the outcome, there is a 10 Working Day window in which they can appeal to the Chancellor's Office.

Appeals to the Chancellor's Office are considered on a limited situational bases. The situations being:

  1. "The investigation outcome is unsupported by the evidence, based on the Preponderance of the Evidence standard;
  2. Prejudicial procedural errors impacted the investigation outcome to such a degree that the investigation did not comply with this Executive Order; or 
  3. New evidence not available at the time of the investigation." (EO, 1097)

Sometimes appeals are granted and findings are overturned, and then the other party can move to appeal the overturned finding. Both parties are only able to appeal to the Chancellor's Office one time per investigation. 

If a violation is found, you can submit an impact statement to the Hearing Coordinator. This document is an opportunity for you to suggest disciplinary outcomes and to provide information to be considered by the Hearing Officer. Sanctions are then imposed on the Respondent.

If no violation is found, someone from Title IX or the Office of Student Rights and Responsibilities will meet with you to discuss the outcome. 

You can make an appointment with Shelby, the Advocate that assists with reporting to Title IX, by accessing her scheduler here: https://www.calendly.com/slbachel


On Campus Resources

Safer

Phone: 805.756.2282
Email: safer@calpoly.edu
Office Hours: Monday- Friday 9am-5pm

Title IX Coordinator

Maren Hufton, Director of Equal Opportunity, Title IX Coordinator
Phone: 805.756.1400 or email: mhufton@calpoly.edu
Location: Fisher Science Bldg. 33-290

Cal Poly University Police

Emergency: Dial 911
Non-emergency: 805.756.2281
https://afd.calpoly.edu/police/

Cal Poly Health Center

Phone including after hours: 805.756.1211
Hearing or Speech Impaired: Call 711 (Telecommunications Relay Service)
Location:  Building 27 (next to the Campus Recreation Center)
Website: https://hcs.calpoly.edu
Email:  health-counseling@calpoly.edu
Main Phone including after hours:  805.756.1211
Hours:  Monday, Tuesday, Thursday, Friday    8:00 AM – 4:30 PM
           Wednesday  9:00 AM – 4:30 PM

Cal Poly Counseling Center

Location:  Building 27, Room 136
Hearing or Speech Impaired:  Call 711 (Telecommunications Relay Service)
Website: https://hcs.calpoly.edu
Both During and After Hours Psychological Emergencies - Phone: 805.756.2511
Local Crisis Hotline:  800.783.0607
Hours:   M, T, Th, F 8:00 AM to 4:30 PM
            Wed   9:00 AM – 4:30 PM

Cal Poly Office of Student Rights and Responsibilities

Phone: 805.756.2794
Location: Building 81, Hillcrest
Email: OSRR@calpoly.edu
Website: https://osrr.calpoly.edu/
Hours: Monday- Friday 8:30am-5pm

Related Content

Admissions

Admissions Link

Link to the Admissions Website for information on selection criteria, application deadlines, creating your VIP page and more!

Admissions