Employee Reporting Procedure

CSU Executive Order 1096 is the systemwide procedure for all reports of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking made by employees, student employees, or a third party against the CSU, a CSU employee, CSU students, or a third party.

File a Report

To file a complaint, please fill out the following form and return it to the Office for Employee Relations and Compliance.

A summary of the report process (in cases alleging Sex Discrimination) is outlined below. Please reference the full EO 1096 policy for details.

Filing a report. A written report shall be submitted to the Title IX Coordinator. The date of receipt shall be deemed to be the report filing date. The Title IX Coordinator shall offer reasonable accommodation to Complainants who are unable to submit a written report because of a Disability. Fill out the form here.

Complaint Form: http://bfa.sdsu.edu/hr/oerc/docs/EO-1096_Complaint_Form.pdf

Timeline for filing a report. Immediately following an act/action/incident that falls under Executive Order 1096 or as soon as possible thereafter, Complainants who believe they are or may have been victims of Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence or Stalking, may initiate the Article III. Campus Procedure for Responding to Complaints to receive information about the procedures that exist for resolving such matters. All incidents should be reported even if a significant amount of time has passed. However, delaying a report or Complaint may impede the ability to conduct an investigation or take appropriate remedial actions.

Timeline: http://bfa.sdsu.edu/hr/oerc/docs/EO-1096_Complaint_Timeline.pdf

Report Requirements. The Complainant should complete the report form for Discrimination/Harassment/Retaliation reports.  The reporting party complete the form themselves or complete the form when meeting with the Title IX Coordinator or Deputy Coordinator.  

Intake interview. The Title IX Coordinator shall promptly meet with the Complainant after receiving the report. The Complainant shall make him/herself available for this meeting.

Confidentiality. Information regarding the report shall be shared with other University employees and law enforcement exclusively on a “need to know” basis.

Investigation Procedure. The Complainant and the Accused shall have equal opportunities to present relevant witnesses and evidence in connection with the investigation. The investigation shall be completed no later than 60 Working Days after receiving the Level I report, unless the timeline has been extended pursuant to Article VIII. E or F.

Investigative Report. Within the investigation period stated above, the Investigator shall prepare an investigative report.

Notice of Investigation Outcome. The Title IX Coordinator shall notify the Complainant in writing of the investigation outcome within 10 Working Days of completing the report. If the outcome is that this Executive Order was not violated, the notice shall inform the Complainant of his/her right to file an appeal under Article VII. A separate written notice shall be provided to the Accused indicating whether the allegations at Level I were substantiated. If the investigation outcome is that this Executive Order was not violated, the Accused shall also be informed of the Complainant’s right to file an appeal.

Appeal Process.  Please read the full policy for information regarding the appeal process.

Equitable Rights

  • When complainant and respondent receive the Notice of Investigation, they are informed of their right to have a representative of their choice when being interviewed by the investigator.
  • The complainant and the respondent are informed through the official notice of the Investigation Outcome of the right to appeal to the Chancellor's Office if not satisfied with the findings of the investigation.
  • The complainant and the respondent are informed of their rights to provide the investigator with information and documentation they feel are relevant to the claim at any time during the investigation.
  • The complainant and the respondent have the right to identify witnesses to support their respective positions during the interview process of the investigation.