Title IX/Gender Equity Issues
Dear Campus Community,
Last week, I wrote to inform you about the U.S. Department of Education’s new regulations relating to Title IX of the Education Amendments of 1972 (Federal Regulations). The Federal Regulations include key changes to provisions addressing scope, questioning at live hearings, review of evidence, appeals, and training, among others. All educational institutions which receive federal funding, including San José State University (SJSU) and the other 22 California State University (CSU) campuses, must comply with these regulations as of August 14, 2020, or risk loss of federal funding.
Effective today, the Chancellor’s Office has issued Addendum B: Federal Mandated Hearing Addendum, which accompanies CSU Executive Orders 1096 and 1097, and which outlines the policy and procedures required under the Title IX Federal Regulations. Please note that regardless of the Federal Regulations, our policies governing sexual harassment, sexual misconduct, and sex- and gender-based discrimation, as stated in Executive Orders 1095, 1096 and 1097, still remain fully in effect. The U.S. Department of Education acknowledges that SJSU and other universities may address misconduct through their policies and through state law, and SJSU is firmly committed to responding to and addressing sexual harassment and sexual misconduct that affects the CSU community. In the case of California law and CSU policy, policies are more expansive than the conduct prohibited by the Federal Regulations.
All formal complaints submitted to the Title IX Office will be first assessed under Addendum B to determine whether those procedures apply. If a formal complaint does not meet the criteria to be processed under Addendum B, the complaint may be processed under EO 1096 or 1097 (our current single-investigator model) or Addendum A (our current hearing-model for student cases).
Two significant aspects of Addendum B:
What has NOT changed:
All current active investigations as well as intakes regarding alleged incidents that occurred prior to August 14, 2020, will still go through the process under EO 1096 and 1097 or Addendum A. Incidents occurring on or after August 14 will be subject to the new process described above, including determining whether they are governed by procedures stated in Addendum B.
San José State University remains committed to supporting a safe and equitable campus environment as we move forward with these new regulations issued by the federal government. Title IX will continue to work and collaborate to provide supportive measures and other services in our processes for our campus community.
Interim Title IX Officer (Title IX Coordinator):
Deputy Title IX Coordinators:
Senior Director, Employee Relations, Retention, and Equal Opportunity; DHR Administrator
Director, Student Conduct and Ethical Development
Deputy Director of Internal Operations/Senior Woman Administrator
Systemwide Policy Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking.
Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Employees and Third Parties.
Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Students.
Systemwide Policy Student Conduct Procedures where a Student has been Accused of Sexual Misconduct or Dating and Domestic violence as Defined by CSU policy.