How Do I File a Charge?
After the Title IX coordinator notifies the Office of Student Rights and Responsibilities (OSRR) of an incident constituting sexual misconduct, the office will initiate a disciplinary investigation based on the Standards for Student Conduct. The disciplinary investigation will incorporate information and findings from the Title IX report. OSRR will contact the complainant and explain the procedures and goals of the investigation. The complainant is entitled to present information, including witnesses, during this process. While investigations of all reported incidents are required, the complainant may decline to participate at any point. The complainant is entitled to have an advisor, including an attorney, or other support person(s) present in any meetings throughout the process. On campus, SAFER can refer a complainant to someone trained to act as a support person during this process. Off campus, Sexual Assault Recovery and Prevention Center (SARP) provides the same service on a 24 hour basis. If the complainant's advisor is an attorney, the complainant must notify OSRR of the attorney's attendance at least three days prior to a meeting. An advisor cannot represent the complainant or serve as the complainant's advocate in the disciplinary process. The complainant and the student charged with a disciplinary infraction will have equal access to investigative reports.
After the disciplinary investigation has concluded, OSRR will notify the complainant of the result of the investigation. A preponderance of the evidence is needed to establish a violation of the Standards for Student Conduct. If that standard is met, a disciplinary charge will be filed.
The disciplinary charge may be resolved in pre-conference meetings. If, however, no agreement can be reached between the charged student and the University, a formal hearing will be conducted in accordance with the provisions of Executive Order 1043. The physical setting of a hearing can be arranged to avoid direct visual and verbal contact between the charged student and the participating complainant.
Disciplinary sanctions could include a stay away order, reasonable modifications of class schedules and other on-campus activities, counseling referrals or other educational activities, community service, disciplinary probation, suspension, or expulsion.
The complainant will be notified of the resolution of the charge in a timely manner.
For additional information about the Cal Poly disciplinary process, contact OSRR at 805-756-2794 or osrr@calpoly.edu.