FAQs

• What happens when I contact the Office for Title IX and Equal Opportunity and report an incident?

  • SJSU strongly encourages anyone who has experienced or witnessed protected status discrimination, harassment, and/or related retaliation to contact the Office for Title IX and Equal Opportunity. Protected statuses include Age, Disability, Sex, Gender, Gender Identity, Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status. Sex discrimination includes Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Pregnancy and Parenting Discrimination.

    In response to a new report, our team in the Office for Title IX and Equal Opportunity, will send a letter to the impacted person (“Complainant”) that contains information about available supportive measures, on- and off-campus resources, and options to pursue accountability from the alleged offender ("Respondent").

    The purpose of this outreach is to help ensure the Complainant has information to make an informed decision about how they want to proceed. We 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 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 complaint?

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

    A report is any information received by the Office for Title IX and Equal Opportunity about an incident(s) involving protected status discrimination, harassment, or related retaliation. Protected statuses include Age, Disability, Sex, Gender, Gender Identity, Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status. Sex discrimination includes Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Pregnancy and Parenting Discrimination.

    In response to a report, we will send a letter to the Complainant (the impacted person) with information about available supportive measures, rights and options, and an offer to meet. A report does not automatically trigger an investigation and, absent a very limited set of circumstances, the alleged offender will not be notified.

    A complaint is an official request to initiate an investigation from either the Complainant or the Associate Vice President for Title IX and Equal Opportunity. The complaint is what triggers the investigation process.

• Will my report automatically trigger an investigation?

  • No; absent extenuating circumstances, a report does not automatically initiate a campus disciplinary 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 university 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 Office for Title IX and Equal Opportunity to initiate the formal or informal resolution process. 

• 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 Office for Title IX and Equal Opportunity?

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

    The Office for Title IX and Equal Opportunity is not a law enforcement agency. This office is focused on the campus-based response to discrimination, harassment, and related retaliation, which are defined by university policy. The university's campus-based response includes the availability of internal resolution processes, which could lead to disciplinary action against the alleged offender. Irrespective of whether the alleged violation constitutes a crime, you may contact this office to pursue disciplinary action should the reported conduct allege a violation of university policy.

    UPD is the campus law enforcement department and is available to assist individuals in understanding and participating in the criminal legal process. 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 Office for Title IX and Equal Opportunity for more information about reporting options.

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

  • The Office for Title IX and Equal Opportunity is a private resource office. Information received by this office will be handled discreetly and will only be shared with a limited circle of need-to-know campus administrators who can provide more information for initial assessments, or help with supportive measures.  

    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 Office for Title IX and Equal Opportunity or law enforcement. However, all confidential resources may need to share general, non-personally identifiable information with the Office for Title IX and Equal Opportunity 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 university and law enforcement.

    View a list of on and off campus confidential resources.

• Why did the Title IX and Gender Equity Office merge with the Office of Equal Opportunity

  • We created this new office to simplify the reporting process by establishing one place for all reports of protected status discrimination and harassment, including sex-based harassment, sexual misconduct, dating and domestic violence, stalking, and related retaliation. The office will offer support and resources for those who are impacted by protected status discrimination and harassment; disciplinary investigations involving any violation of the CSU Nondiscrimination Policy; and trainings on the office’s services, as well as the CSU's policies on discrimination, harassment, sex-based misconduct, and related retaliation.