Resolution Processes

We, in the Office for Title IX and Equal Opportunity, have included various on and off campus support resources for Complainants, Respondents, and witnesses. We have also created guides and graphic flowcharts to assist in navigating the university’s processes.

Resolution Processes

Resolution Options: The Formal and Informal Resolution Processes

We, in the Office for Title IX and Equal Opportunity, are available to meet with anyone who wants to learn about the university’s formal and informal resolution processes. Below are summaries and flowcharts describing each process.

The Informal Resolution Process Summarized

An informal resolution is a remedies-based resolution process that does not involve an investigation, hearing, or 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, shuttled mediation, a facilitated conversation(s), or the submission of impact and mitigation statements. An informal resolution process may only be initiated with the consent of the Complainant, Respondent, and the university.

The informal resolution process generally includes a number of steps, which are outlined in this flowchart.

Generally, the outcome 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.

The Formal Resolution Process Summarized

There are three different investigation procedures for formal complaints against students: Track 1, Track 2, and Track 3. 

There are two different investigation procedures for formal complaints against employees: Track 1 and Track 3. 

The applicable procedural Track is determined by the criteria below.

Track 1 applies when:

  • The alleged conduct meets the definition of Sexual Harassment as defined in Article VB of the CSU Nondiscrimination Policy; and
  • Occurred in the United States; and
  • Occurred in an education program or activity at the university, as defined in Section II.E. of the appendix to the CSU Nondiscrimination Policy titled, “Track 1: Federal Mandated Hearing Process.”  

Track 2 applies when:

  • The Complaint involves a Student Respondent; and
  • The Complaint alleges a violation of the CSU Nondiscrimination Policy; and
  • Occurred on campus; or
  • Involved an SJSU program or activity or employment; or
  • Affected a student’s or employee’s ability to partipcate in a program, activity or employment at the university.

Track 3 applies when:

The Complaint alleges a violation of the CSU Nondiscrimination Policy, other than described for Track 1 above, and the Respondent is an employee or third party.

The Track 3 process is commonly referred to as a “single-investigator model” because it does not involve a hearing. Instead, the assigned investigator is responsible for conducting the investigation and making determinations about the alleged policy violation(s).

The main stages of each procedural Track are displayed in the following diagrams and summarized below.

Title IX Formal Resolution Flowchart [pdf]
EO Formal Resolution Flowchart [pdf]