Policy and Procedures

Not exactly. EODR is a private campus resource and will make every effort to safeguard the privacy of information received throughout the reporting, investigation, and informal resolution processes. Information received by EODR will be handled discreetly and may be shared with a limited circle of need-to-know individuals, which may include other Chico State administrators and campus departments who assist with initial assessments, resolution processes, Supportive Measures, safety concerns, and other related issues.

EODR recognizes that some individuals may prefer to access confidential support. Confidential resources may still need to share general, non-personally identifiable information with EODR to comply with state and federal laws. However, confidential resources on campus do not have a duty to report to EODR. View a list of confidential Campus and Community Resources.

When our office receives an Incident Report, we do the following:

• Confirmation that the University has received a report of conduct which may be prohibited by the Nondiscrimination Policy.
• A description of the role of the Title IX Coordinator/DHR Administrator.
• Rights and options available to the parties involved, including on and off campus resources for support and other supportive measures which may be available to them.
• An opportunity to meet with a representative from our office to further discuss the referral and related procedures.

The Nondiscrimination Policy has specific, narrow definitions set forth by federal and state law and it may be that the Title IX Coordinator/DHR Administrator determines the conduct does not meet those definitions. However, the University recognizes the need to address these incidents in a timely and appropriate manner. EODR may refer certain reports to other campus entities (e.g., Student Rights and Responsibilities, Human Resources, Faculty Affairs and Success etc.) for review to determine if a separate formal process or discipline is required under a different campus policy or procedure.

An investigation is conducted by a designated investigator who interviews the Parties and relevant witnesses, reviews documents and physical evidence, analyzes information, makes credibility determinations in appropriate cases, and prepares reports summarizing their findings and conclusions. Investigations are generally 100 Working Days absent any good-cause extensions.

Is an investigation confidential?

If you choose to move forward with an investigation, the details of the incidents being investigated will be shared with the parties involved in the investigation (Complainant and Respondent), Investigators, and Hearing Officers. We do not disclose the reporting details, party names, or incident-specific information to witnesses, however, witnesses may be able to deduce involvement of certain individuals and the subject matter based on questions asked.

What if I do not want an investigation?

When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR Administrator will balance the request against the University's duty to provide a safe and non-discriminatory environment for all members of the campus community. There are certain, limited situations that may require the University to initiate an investigation without the Complainant’s participation. Any decision is made with the utmost care and consideration, and will be discussed with the complainant.

If neither the Complainant or University decide to proceed with an investigation, the Title IX Coordinator/DHR Administrator will nevertheless take reasonable steps to limit the effects of the alleged Discrimination, Harassment, or Retaliation, and prevent its recurrence without initiating formal action against the Respondent or revealing the identity of the Complainant.

Even if you decide you do not wish to proceed with an investigation, Supportive Measures are available to you. Additionally, the CSU Nondiscrimination Policy also provides Informal Resolution or Acceptance of Responsibility as Alternative Resolution Processes available to parties.

Informal Resolution is a voluntary process that aims to resolve matters in an efficient, fair, and respectful manner through facilitated dialogue, mediation, or restorative justice practices.

Key Features of Informal Resolution

Voluntary Participation: Both the complainant and the respondent must agree to participate in the Alternative Resolution process. The Title IX Coordinator/DHR Administrator must approve any request to participate in the Informal Resolution process, as it is not appropriate for all cases. Either party can withdraw from the process at any time and resume the formal investigation process.

Neutral Facilitator: A trained, impartial facilitator guides the process, ensuring that both parties are treated fairly and respectfully.

Shorter Process: The CSU Nondiscrimination Policy currently advises that Informal Resolution should be reached within 60 Working Days, in contrast to the 100 Working Days prescribed for formal resolution (investigation).

What is Acceptance of Responsibility?

The Respondent may, at any time during the investigation or hearing process, prior to an Investigator or Hearing Officer issuing their determination, choose to accept responsibility for the alleged conduct prohibited under the Nondiscrimination Policy.

The EODR office does not handle discipline and instead will refer violations of the Nondiscrimination Policy to the appropriate campus department to assess a violation for discipline such as, Student Rights and Responsibilities, Faculty Affairs and Success, and Human Resources.

Potential discipline is dependent on the individual’s status on campus and disciplinary outcome may differ based on the violation type, applicable collective bargaining agreement, individual’s union-status, or other variable reason.

For Students:

Students who are found to have violated the Nondiscrimination Policy will be subject to discipline in accordance with state and federal requirements, student conduct rules, and other CSU policies. Sanctions for Students determined to have violated the Nondiscrimination 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. The University may also temporarily or permanently withhold a degree. Other sanctions and remedies may be agreed upon through the Informal Resolution process.

For Employees:

Employees who are found to have violated the Nondiscrimination Policy will be subject to discipline that is appropriate for the violation and in accordance with state and federal requirements and other CSU policies and applicable collective bargaining agreements. The possible sanctions for Employees determined to have violated the Nondiscrimination Policy are education, training, counseling, reprimand, unpaid suspension of varying lengths, demotion, and/or termination.

Civil Consequences:

Civil consequences may include court ordered monetary damages payments, court ordered stay away orders, orders to complete classes or seek treatment, surrender firearms, prohibition from owning a firearm.

Criminal Consequences:

Criminal consequences may include but are not limited to: Incarceration, probation (including but not limited to mandatory Sex Offender Specific Therapy and/or other Court -Ordered classes), criminal protective order, victim restitution order, sex offender registration, loss or suspension of professional license, loss of driver’s license, loss of the right to own and possess firearms, fines and fees.

Protected Status includes Age, Disability (physical or mental), Gender, Gender Identity (including Nonbinary or Transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status.