FAQs

• What happens when I contact the Title IX and Gender Equity Office and report an incident?

  • SJSU strongly encourages anyone who has experienced or witnessed sex- and gender-based discrimination, including sexual harassment and sexual assault, to contact the Title IX and Gender Equity Office. When the Title IX and Gender Equity Office receives a report, the Title IX and Gender Equity Office will provide the impacted person (“Complainant”) with information about supportive measures, and available resolution processes.

    The purpose of this outreach is to ensure the Complainant has information to make an informed decision about how they want to proceed. The Title IX and Gender Equity Office will prioritize a Complainant’s privacy, agency, and autonomy, and, absent a limited set of circumstances, respect the Complainant’s wishes on how to proceed.

• Does the university offer support, counseling, and other resources?

  • Yes; supportive measures are available through the university’s Title IX and Gender Equity Office, regardless of whether a complaint has been filed (or an investigation is pursued).

    The University’s Title IX and Gender Equity Office will offer supportive measures to Complainants and Respondents involved in an incident(s) of sex- or gender-based discrimination, including sexual harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking, or retaliation. Supportive measures are free, individualized services designed to: 1) restore or preserve a person’s access to the university’s education program, and 2) protect the safety of the parties or the educational environment.

    Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.  

• What is the Difference Between a Report and a Formal Complaint?

  • To prioritize a Complainant's agency and autonomy, the university distinguishes a report from a formal complaint. 

    A report is any information the Title IX and Gender Equity Office receives about an incident(s) involving discrimination or harassment, including sexual harassment, sexual misconduct, sexual exploitation, dating and domestic violence, stalking, and retaliation. In response to a report, the Title IX and Gender Equity Office will send a letter to the Complainant with information about available supportive measures, rights and options, and an offer to meet. A report does not automatically trigger an investigation, or notice to the Respondent that the report was received.

    A formal complaint is an official request to initiate an investigation that is signed by either the Complainant or the Title IX and Gender Equity Officer. The formal complaint is what triggers the formal or informal resolution process.  

• Will my report automatically trigger an investigation?

  • No; absent extenuating circumstances, a report does not automatically initiate a Title IX investigation. A report provides a Complainant with an opportunity to: 1) receive supportive measures; 2) learn about internal and external resolution options; and 3) inform the Title IX and Gender Equity Officer of the incident(s). 

• Will the Respondent automatically be notified if I make a report?

  • No; absent extenuating circumstances, the university will not automatically notify the Respondent of the report.

• What is the difference between a formal and informal resolution?

  • A formal resolution process generally includes an investigation, hearing, and appeal. Under certain circumstances, the formal resolution process may not involve a hearing. Whether or not the formal resolution process involves a hearing depends on two factors: the nature of the allegations and the Respondent’s connection to the university.

    If the Respondent is found responsible for violating university policy following a formal resolution process, the Respondent will face disciplinary sanction(s). The university will consider a wide-range of factors in determining an appropriate sanction for the Respondent, including input from the Complainant. The university can also provide a Complainant with remedies, if appropriate, following a determination of responsibility.    

    An informal resolution process may only be initiated with the consent of the Complainant, Respondent, and the university. An informal resolution is a remedies-based resolution process that does not involve an investigation, hearing, nor appeal. It is an alternative to the formal resolution process and may take a variety of customizable forms that can include, but is not limited to, restorative justice, facilitated conversation(s), or shuttled communications.

    The university handles the informal resolution process just as carefully as the formal resolution process; every informal resolution is overseen by a trained and impartial facilitator, and trained support advisors are available to assist both the Complainant and Respondent throughout the process.

    The outcome of an informal resolution focuses on the harm caused to the Complainant and may include agreement by the Respondent to participate in appropriate and reasonable remedies. These remedies could be similar to measures imposed as disciplinary sanctions, but they are always determined through mutual agreement.

• What if I want to initiate a formal or informal resolution process?

  • Please contact the Title IX and Gender Equity Office to initiate either the formal or informal resolution process. The ways in which you may contact the Title IX and Gender Equity Office are available on the Report an Incident subpage.

• How long does it take to complete the formal and informal resolution process?

  • The university makes every effort to complete the formal resolution process within 100 working days; however, extensions to the timeline may occur for good cause. The university’s policies enumerate specific timeframes for each stage of the formal resolution process.

    Absent extenuating circumstances, the informal resolution process shall be completed within 60 working days.

• What is the difference between UPD and the Title IX and Gender EquityOffice?

  • Both the SJSU Police Department (“UPD”) and the Title IX and Gender Equity Office are part of the university and both help connect individuals to resources and support; however, there is one important distinction.  

    The Title IX and Gender Equity Office oversees the university’s disciplinary processes and is available to assist individuals in understanding and participating in the university’s resolution process. UPD is the campus law enforcement department and is available to assist individuals in understanding and participating in the criminal legal process. The university’s resolution process is designed to determine whether a Respondent committed a violation of the university’s policies. The criminal legal process is designed to determine whether a Respondent committed a crime. Individuals may participate in the university’s disciplinary process, the criminal legal process, neither, or both.

    Individuals may contact the university’s Title IX and Gender Equity Office for more information about reporting options.

• What is the difference between confidential and non-confidential resource offices?

  • The Title IX and Gender Equity Office is a private resource office and will make every effort to safeguard the privacy of information contained in new reports, as well as information received during any formal or informal resolution process. Information received by the Title IX and Gender Equity Office will be handled discreetly and may be shared with a limited circle of need-to-know individuals, including other SJSU administrators who assist the Title IX and Gender Equity Office with initial assessments, resolution processes, the provision of supportive measures, and other related issues.  

    SJSU appreciates that individuals may prefer to access support or receive their reporting options in a confidential setting. You can share information with a confidential resource and the confidential resource will not share your identity with the Title IX and Gender Equity Office or law enforcement. However, all confidential resources may need to share general, non-personally identifiable information with the Title IX and Gender Equity Office and/or the Clery Coordinator to comply with state and federal laws.  Information shared with any confidential resource does not constitute notice of an incident to SJSU.  Confidential resources can explain how an individual can report an incident to the Title IX and Gender Equity Office.  

    View a list of on and off campus confidential resources.