A Message from the Office of TIX & Discrimination, Harassment, and Retaliation Prevention

May 2, 2019

Update to the Campus on Sexual Misconduct Procedures:

Due to recent California court of appeal decisions, CSU Executive Orders 10961097, and 1098 have been revised on an interim basis as of March 29, 2019, resulting in changes to investigation procedures for select cases involving allegations of sexual misconduct.  The interim policy and addendum represent the California State University System's ongoing commitment to ensure a fair and thorough process, as well as to comply with changing legal requirements. 

The interim policy changes apply to cases where (1) it is alleged that a student engaged in sexual misconduct; (2) a finding of responsibility could result in a severe sanction, such as suspension or expulsion; and (3) credibility of any party or witness is central to the finding.

Below are some key points in these policies and the addendum of which you should be aware. Links to the complete policy documents can always be accessed through the quick links bar on the Humboldt State Title IX webpage (http://www.humboldt.edu/titleix/).

For applicable cases of sexual misconduct, the interim policy addendum establishes an Investigation procedure where:

  • The investigator will document steps taken to gather evidence, as well as the basis for declining a Party's request to gather information;
  • The investigator will share with the Parties a Preliminary Investigation Report, along with relevant evidence (redacted as necessary);
  • Each Party is given a reasonable opportunity to respond to the evidence and request the investigator to ask the other Party questions; and
  • The Final Investigation Report will automatically include any relevant documentary or other tangible evidence as attachments.

The interim policy addendum further establishes an Early Resolution process where:

  • Both Parties must agree to engage in the Early Resolution process before proceeding;
  • Any agreed upon remedies and disciplinary sanctions will be imposed;
  • The terms of the resolution will be memorialized and signed by the Parties and the Title IX Coordinator; and
  • The resolution will be final and not appealable by either Party.

Finally, the interim policy addendum also establishes a Hearing procedure where:

  • The Parties will be given written notice of the date, time, and location of the hearing, as well as the identity of the Hearing Officer;
  • The Hearing is closed to all people except the Parties, the Parties' respective advisors, one support person per Party, appropriate witnesses while they are testifying; the Student Conduct Administrator; the Title IX Coordinator or designee; campus police; the Hearing Officer; and the Hearing Coordinator;
  • The Hearing Officer controls the hearing, including making determinations on pre-hearing matters and asking questions of the Complainant, Respondent, Investigator, any University official, and any witness; and
  • Advisors may not speak on behalf of a Party.

For more information, please review the Interim Policy Process Map and the Frequently Asked Questions.

Key personnel in the Office of Title IX & Discrimination, Harassment, and Retaliation Prevention who are available to assist students and answer questions about these changes include:

Marcus Winder
Campus Title IX Coordinator
Discrimination, Harassment and Retaliation Prevention Administrator
Email: marcus.winder@humboldt.edu  
Telephone: (707) 826-3385

David Montoya III, J.D, M.A.
Associate Vice President for Human Resources
Deputy Title IX Coordinator
Email: david.montoyaIII@humboldt.edu 
Telephone: (707) 826-5084

Stephen St. Onge, Ph.D.
Executive Director of Housing and University Services
Deputy Title IX Coordinator
Email: stephen.stonge@humbodlt.edu 
Telephone: (707) 826-3451

Humboldt State University is committed to providing students impacted by these changes with assistance and support:

HSU's Campus Advocate Team offers individual counseling and support groups led by certified sexual assault counselors. They will also accompany you to the hospital or to file a report, they will work to answer any questions you may have, and can also provide you with referrals for local therapists and other community resources that may fit your needs. Please note that they provide 24-hour confidential support and can be reached at (707) 445-2881.

Counseling and Psychological Services is available to provide counseling and crisis support for all students, including Respondents. CAPS is located in the Student Health Center, 2nd Floor and can be reached at (707) 826-3236.

Student Health and Wellbeing Services is available to provide health education and prevention programs to the campus community. Student Health and Wellbeing Services can be reached (707) 826-3146.

Check-It HSU is a student led movement that's about preventing and disrupting acts of sexual assault, dating violence, and stalking on campus and in the community. Please visit https://www.checkithsu.com/ for more information.

Off-campus and after-hours resources can be found by visiting http://www2.humboldt.edu/titleix/content/resources.

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