Sexual Misconduct

What happens if I am charged?

University procedures and sanctions are separate from any criminal charges or proceedings.  University procedures may be conducted before, concurrently, or after any criminal actions.  While the standard of proof required in a criminal court is “beyond a reasonable doubt,” the university’s standard of proof is that an incident’s occurrence is “more likely than not,” proved by a preponderance of the evidence.  Possible sanctions and use of attorneys also differ in the two systems. 

Since sexual misconduct is defined as an activity that threatens or endangers another’s health or safety, the student is subject to interim suspension.  Interim suspension prevents the student from entering the Cal Poly campus except to meet with the OSRR Coordinator to discuss the imposition of the suspension.  Information about interim suspension is available at The Process.  Consult the section entitled “The Process” and open the link to Executive Order 970, Article VI. 

If a student is charged, the student will meet with the OSRR Coordinator to determine if a settlement can be reached. Sanctions could include a stay away order, reasonable modifications of class schedules and other on-campus activities, counseling to address alcohol/drug use or impulse control, disciplinary probation, suspension, or expulsion.  If no settlement agreement is reached, a formal hearing will be held in accordance with the provisions of Executive Order 970.  The survivor will be notified of the result of any settlement conference or hearing occurring as a result of the investigation. 

For additional information about the Cal Poly disciplinary process, please call OSRR at 805-756-2794 to discuss hypothetical situations or general guidelines.