Policies and Procedures


What is Title IX?

Title IX is a federal law that protects students, educators and school employees against all forms of sex or gender discrimination, including: sexual harassment, sexual misconduct, sexual exploitation, dating and domestic violence, stalking, and retaliation. Students or staff experiencing discrimination based on sex or gender should contact campus Title IX Administrators.


Procedures

A summary of the reporting process (in cases alleging Sex Discrimination) is outlined below. Please reference the full CSU Nondiscrimination Policy policy for details.

  • Filing a Report. The Student shall submit a written report 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 accommodations to students who are unable to submit a written report because of disability.
  • Timeline for filing a Report. Complaints should be brought forward as soon as possible after the conduct occurs. While there is no stated time frame for making a Complaint, prompt reporting will better enable the Campus to respond to the Complaint, determine the relevant issues, and provide an appropriate remedy and/or action. 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.
  • Report Requirements. The Student should complete the incident report.
  • Intake Interview. The Title IX Coordinator (or designee) shall meet with the Student as soon as possible, but no later than 10 Working Days after the report was received. The meeting shall serve as the initial intake interview and will: (a) acquaint the Student with the investigation procedure and timelines; (b) inform the Student of their rights (including having an advisor throughout the process); (c) provide the opportunity for the Student to complete and sign a complaint form, if not already done; and (d) discuss Interim Remedies, as appropriate.
  • 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 Student 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 100 Working Days after the intake interview, unless the timeline has been extended pursuant to Article VIII. E or F. Upon inquiry, the Complainant and Accused shall be advised of the status of the investigation.
  • Investigative Report. Within the investigation period stated above, the Investigator shall prepare an investigative report. The report shall include a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered, and appropriate findings.
  • Notice of Investigation Outcome. The Title IX Coordinator (or designee) shall notify the Student in writing of the investigation outcome within 10 Working Days of completing the report. Where a report is made against another Student, the Title IX Coordinator shall also notify the Campus Student Conduct Administrator of the investigation outcome. If the outcome is that this Non-Discrimination Policy was not violated, the notice shall inform the Complainant of their right to file an appeal under Article VII. A separate written notice shall be provided to the Accused indicating whether or not the allegations at Level I were substantiated. The Accused shall also be informed of the Complainant's right to file an appeal.

Please reference the 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 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.
  • The complainant is 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.

CSU Nondiscrimination Policy 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.

To file a complaint, please fill out and submit the following Title IX Discrimination, Harassment, and Retaliation Incident report to the Title IX Coordinator, Terri La Beaux.

A summary of the report process (in cases alleging Sex Discrimination) is outlined below. Please reference the full CSU Nondiscrimination 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. 
  • Timeline for filing a report. Immediately following an act/action/incident that falls under CSU Nondiscrimination Policy 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
  • 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 100 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 Nondiscrimination Policy 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 Nondiscrimination Policy 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 is 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.

California State University, East Bay is committed to creating and maintaining an educational, working, and living environment free from all forms of harassment and sexual misconduct. The University’s policies prohibit such harassment and misconduct and apply to all members of the University community.   

The procedures are provided here for required notification and reporting to sponsoring federal agencies.  

At present, this procedure addresses NIH, NSF, and USDA NIFA reporting only. However, the University may have other legal or contractual obligations to report harassment or sexual misconduct to third parties, e.g., to other government agencies or sponsors in connection with specific awards or collaborations, and will act in accordance with those obligations. Also, the University anticipates that additional funding agencies or organizations may adopt similar comprehensive notification requirements. The University may update this procedure as necessary to address such additional notification requirements.

Academic Accommodations

The University is committed to ensuring the safety and well-being of victim/survivors of sexual assault. A student who has been a victim of discrimination, harassment, or retaliation, including sexual misconduct, may request academic accommodation or change in residence after a report of sexual misconduct. Any individual who makes a request will receive appropriate and reasonable accommodations.

Possible accommodations may include the ability to change academic schedules or campus work schedules, withdraw from or retake a class without penalty, extensions on assignments and exams, and excused absences from class.

Pursuant to Title IX, in most cases of sexual violence or sex discrimination, the University will endeavor, to the extent practicable, to change the schedule or accommodations of the accused student prior to changing the schedule or accommodations of the victim.

 

Supportive Measures

In situations where it is necessary, the University will take immediate steps to protect complainants and respondents pending and after the final outcome of an investigation. These steps include the accommodations listed above and a change of residence hall assignments in addition to issuing no contact directives. Pending resolution of the complaint, the respondent may be prohibited from contacting the complainant, and may be placed on suspension or denied access to campus. The University may also change the course schedule for the respondent for student conduct disciplinary procedures related to acts of sexual misconduct.


Annual Report and Statistics

Annual report on University crime statistics and other relevant safety/security information.

Update Regarding the Title IX Annual Report for 2022-2023  

In response to feedback from Cozen O’Connor following their assessment  of the CSU’s Title IX and Discrimination, Harassment and Retaliation (DHR) programs and from the California State Auditor following their audit of the CSU’s system to assess the CSU’s handling of sexual harassment complaints against employees at the Office of the Chancellor (Chancellor’s Office), California State University, Fresno, San José State University, and Sonoma State University the CSU Chancellor’s Office is refining the categories of Title IX data it gathers to ensure the accuracy of campus Title IX Annual Reports and to facilitate more precise analysis and identification of patterns and trends. While the CO works to update the data queries, CSU campuses will defer issuing Title IX Annual Reports until the Chancellor’s Office finalizes new guidance for data collection and reporting.

During this time, all CSU campuses will continue to issue the Annual Security Report, accessible for East Bay at Campus Annual Security Report, in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). This report includes statistics for the previous three years concerning Clery Act defined crimes that were reported to have occurred on campus, in certain off-campus buildings or property owned or controlled by the CSU, and on public property within, or immediately adjacent to and accessible from the campus. This report includes, but is not limited to, reported incidents of sexual assault (including rape, fondling, incest, and statutory rape), domestic violence, dating violence, and stalking.  Please note that the data in the Annual Security Report differs from the data that has historically been reported in a campus’s Title IX Annual Report due to the specific definitional and geographical parameters required for Clery statistics."

Contact Us

Title IX/DHR Office

25800 Carlos Bee Blvd
Student Administration, SA 1109
Hayward, CA 94542

Phone: (510) 885-4918
Email: equityinvestigations@csueastbay.edu
Website: Title IX

Terri La Beaux
Title IX Coordinator
Phone: (510) 885-4918
Email: terri.labeaux@csueastbay.edu

Ellen G. Maloney Ruhe
Office Support Title IX & DHR
Phone: (510) 885-2743
Email: ellen.maloneyruhe@csueastbay.edu

JoLani Hironaka
DHR Administrator
Phone: (510) 885-2743
Email: jolani.hironaka@csueastbay.edu