Report 2022-109 Recommendation 4 Responses

Report 2022-109: California State University: It Did Not Adequately or Consistently Address Some Allegations of Sexual Harassment (Release Date: July 2023)

Recommendation #4 To: University, California State

To ensure consistency in campuses' responses to sexual harassment allegations and mitigate the risk of inappropriate interference, the Chancellor's Office should amend CSU's sexual harassment policy or create other procedures by July 2024 to require a documented review and approval of the analyses and outcomes of each report of sexual harassment. In particular, the Chancellor's Office should specify the following:

- Unless resource constraints or other good causes exist, the campus Title IX coordinator should assign each case to another staff member or investigator. The coordinator should then document his or her review of each case, including certification that the case's resolution—such as the initial assessment or the investigation and related report, as applicable—aligns with policy requirements.

- For exceptions such as cases that the Title IX coordinator handles directly, another qualified reviewer should document his or her review and approval of the analyses and outcomes.

1-Year Agency Response

In June 2024, the Chancellor's Office issued guidance for Title IX / Discrimination, Harassment, Retaliation (DHR) practitioners. The guidance includes a procedure detailing the internal review of sexual harassment complaints and investigations. The guidance also specifies that the Title IX coordinator or DHR administrator will assign complaints to an internal or external investigator, as appropriate. If resource constraints or other good cause exist, the Title IX coordinator or DHR administrator may investigate the complaint.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

The Chancellor's Office's guidance on investigating reports of sexual harassment includes a process for the documented review and approval of the analyses and outcomes of each report of sexual harassment. The new guidance implements each element specified in our recommendation.

6-Month Agency Response

The Chancellor's Office will require a documented review and approval of the analyses and outcomes of each report of sexual harassment. The Chancellor's Office will revise its Nondiscrimination Policy to reflect this requirement or will create specific guidance to ensure compliance.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Chancellor's Office will require a documented review and approval of the analyses and outcomes of each report of sexual harassment. The Chancellor's Office Nondiscrimination Policy workgroup met in August 2023 to address this policy amendment and plans to meet again in September and thereafter twice per month; meeting frequency will be increased as necessary.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2022-109

Agency responses received are posted verbatim.