Strengthening Internal Protocols

Tasks

1. Coordinate with the Regional Director, Systemwide Title IX/Civil Rights Division, and subject matter experts to:

Status: Completed and ongoing

In January 2024, East Bay Civil Rights mapped the case resolution process from reporting and intake through the investigation and resolution process. In June 2024, a version including Other Conduct of Concern was created. In January 2025, a version with policy-based timelines was created. These process maps are used as slides in presentations and handouts based on audience needs.

Status: Completed and ongoing

Since February 2024, East Bay Civil Rights follows the Chancellor’s Office Intake and Assessment Checklist, policy timelines, and our internal protocols as we review matters, determine next steps and target dates at weekly staff meetings, and make adjustments where feasible to ensure timeliness, role separation, avoid conflicts, and ensure a consistent process. In addition, the East Bay Civil Rights Director/Acting Title IX Coordinator, DHR Administrator, and Acting Deputy Title IX Coordinator meet biweekly with the Chancellor’s Office Systemwide Director, Civil Rights Attorney, and Campus Counsel for feedback and best practices. The Director/Acting Title IX Coordinator compares our timeliness data on the Annual Survey against timeliness data from prior years and identified significant improvement.

Status: Completed and ongoing

In March 2025, grievance and discipline intersections were mapped for all faculty and staff units, designating either Faculty Affairs or Human Resources as the unit to address them.

Status: Completed and ongoing

East Bay Civil Rights uses the Chancellor’s Office Intake and Assessment Checklist and Annual Survey. Since February 2024, we offer supportive measures in every outreach and intake meeting, and document supportive measures and resources provided in Maxient. Since May 2024, protocols for implementing supportive measures are documented. The rationale for not providing a requested supportive measure is communicated to the requester and documented in the Maxient file. In February 2024, we created internal outreach templates and timelines. By February 2025, we progressively shortened these timelines to intervals of five working days.

Status: Completed and ongoing

East Bay Civil Rights uses the Chancellor’s Office Intake and Assessment Checklist and Annual Survey. Since September 2024, Civil Rights uses internal intake procedures and weekly staff meetings to ensure prompt outreach and compliance with policy timeframes for every matter to the maximum extent possible. Since February 2024, template letters in Maxient streamline outreach and document all outreach efforts, explain and offer supportive measures, and document supportive measures, resources, and other information provided. By February 2025, we progressively shortened these timelines to intervals of five working days.

Supportive measures are a priority and evaluated upon receipt of incident reports, as needed with campus partners with a need to know, and at weekly staff meetings, biweekly Case Management Team (East Bay’s Multidisciplinary Team/MDT) meetings, biweekly meetings with the Chancellor’s Office, and biweekly meetings with CARE. Since February 2024, the rationale for not providing a requested supportive measure is communicated to the requester and documented in Maxient. Since May 2024, protocols for implementing supportive measures are documented to support consistency and timeliness. Since November 2024, when East Bay Civil Rights identifies emergency removal criteria as defined by the applicable collective bargaining agreements, we request a meeting with Faculty Affairs for faculty and Human Resources for staff and make a recommendation, based on the nature of reported conduct, safety factors, repeated conduct, age, and relative power over others.

Status: Completed and ongoing

Since February 2024, East Bay Civil Rights seeks to hold an intake meeting for every report received, including reports that would potentially violate the Nondiscrimination Policy. The status of outreach is discussed for every open matter at weekly meetings, and next steps are identified and scheduled. Maxient template letters support prompt outreach in writing, explain supportive measures, recap the nature of the concern as described in the incident report, and invite the impacted party to meet. We do two outreach letters, a call or text, and a Notice of Closure letter, assuring them the matter can be reopened at any time, all documented in Maxient. From February 2024 to February 2025, East Bay Civil Rights shortened the intervals of outreach letters from 10 working days to five working days. The Director/Acting Title IX Coordinator reviews every outreach letter at this time.

Status: Completed and ongoing

Since November 2022, the East Bay Civil Rights staff on point for conducting outreach and intake for a specific matter coordinates with the Confidential Advocate to ensure availability for intake meetings, ensuring that the complainant or impacted party may choose to include the Confidential Advocate in any matter that involves one of the specific offenses under Senate Bill 808. Coordination includes copying the Confidential Advocate on outreach letters and obtaining availability when scheduling the intake meeting.

Status: Completed and ongoing

The East Bay Case Management Team (CMT), which is our multidisciplinary team (MDT), meets biweekly for confidential information sharing. We also file CARE referrals, ping Student Affairs and Counseling through Maxient, meet biweekly, send confidential emails, and have ad hoc meetings on a need-to-know basis to support information sharing for appropriate supportive measures and to sequence actions to support safety.

Supportive measures are offered in every outreach and confirmation letter, and all supportive measures implemented are documented in Maxient. Any supportive measure that is requested and not provided is explained to the requester and the rationale is documented in Maxient.

Status: Completed and ongoing

In November 2023, East Bay Civil Rights programmed Maxient to send a confirmation email upon receipt of all incident reports submitted online. For all other reporting methods (phone call, email, walk-in), an outreach letter is prepared promptly, acknowledging receipt. In other words, impacted parties who report receive both an email confirming receipt and an outreach letter offering supportive measures and invitation to meet. Responsible parties who report receive the email confirming receipt, but the outreach letters and communications are directed to the impacted party.

Status: Completed and ongoing

East Bay Civil Rights has standard criteria and protocols for outreach to complainants using multiple modalities (email, call/text), for tracking responses, and may include contact through the responsible employee who reported the matter when an impacted party is non-responsive. Since January 2024, East Bay Civil Rights has standardized our outreach protocols, created template letters, and used Maxient to document all outreach efforts.

Status: Completed and ongoing

East Bay Civil Rights uses the Chancellor’s Office Intake and Initial Assessment Checklist, including integrated, written steps for supportive measures, initial assessment of known facts, and notifications to Clery, California Child Abuse and Neglect Reporting Act (CANRA), and the Chancellor’s Office. All Notices are reviewed by the Director/Acting Title IX Coordinator or DHR Administrator and the Systemwide Director.

Status: Completed and ongoing

The East Bay Intake and Support Coordinator is trained to identify and escalate immediate health or safety concerns to the Director/Acting Title IX Coordinator for action, immediately prepare an initial outreach letter or call/text if appropriate, notify the Confidential Advocate, recommend supportive measures, preservation of evidence, medical exam, call or text if appropriate, notify the University Police Department, file a CARE report for outreach by Counseling and Student Affairs if appropriate. Our Police Chief determines when to convene the East Bay Threat Assessment Team to evaluate potentially threatening situations and make recommendations to the President.

Status: Completed and ongoing

Since February 2024, East Bay Civil Rights assesses the nature and circumstances of every report to determine whether the reported conduct raises a potential policy violation and the appropriate manner of resolution under the Nondiscrimination Policy.

Status: Completed and ongoing

East Bay Civil Rights assesses the nature and circumstances of every report, including any information that identifies the impacted party, respondent, any potential witnesses, and any individual with knowledge of the reported incident. East Bay Civil Rights seeks to hold an intake meeting for every report received, in order to fully assess whether the nature and circumstances of the report describe a potential violation of the Nondiscrimination Policy. The results of intake meetings are reviewed and discussed at weekly meetings with the Director/Acting Title IX Coordinator and the DHR Administrator.

Status: Completed and ongoing

East Bay Civil Rights provides the complainant with information in writing, and verbally as applicable, about on-campus and off-campus resources, including confidential resources, supportive measures, the right to contact (or decline to contact) law enforcement or seek a civil protection order, the right to seek medical treatment, the importance of preservation of evidence, the right to be accompanied at any meeting by an advisor of choice, and an explanation of the procedural options available. We provide a packet of information called the East Bay Victim’s Rights and Options packet, attach it to outreach letters to the complainant where appropriate.

Status: Completed and ongoing

East Bay Response: Since 2016, the Clery Director and Acting Deputy Title IX Coordinator meet biweekly to ensure timely warnings and other actions to comply with the Clery Act. Every new incident report is assessed for reporting under Clery upon receipt and at weekly staff meetings.

Status: Completed and ongoing

East Bay Civil Rights assesses for any pattern of conduct by respondents upon receipt, at weekly staff meetings, at Case Management Team (our Multidisciplinary Team/MDT) biweekly meetings, and at CARE biweekly meetings, based on available information. Since August 2024, we identify repeat Respondents as part of a larger effort to assess potential patterns of conduct.

Status: Completed and ongoing

East Bay Civil Rights strives to identify and document the complainant's expressed preference for manner of resolution, any barriers (safety, confidentiality, privacy, other). Supportive measures, CARE reports, and whether to pursue a university-initiated investigation are discussed at weekly staff meetings and at biweekly Chancellor’s Office meetings.

Status: Completed and ongoing 

Since February 2024, non-retaliation and how to report are explained at every outreach contact, intake meeting, and interview of parties and witnesses.

Status: Completed and ongoing

Our intake process includes determining the age of impacted parties and filing a report under the California Child Abuse and Neglect Reporting Act (CANRA) if needed within 24 hours.

Status: Completed and ongoing

Since 2023, East Bay Civil Rights reviews all incident reports received within 0 to 12 business hours. Reports against specific university roles, such as the President, Police Chief, Athletics, and other specified roles, are promptly reported to the Chancellor’s Office after decision-maker information is obtained.

Status: Completed and ongoing

East Bay Civil Rights follows the Chancellor’s Office Checklist and identifies steps and due dates at weekly staff meetings. In May 2025, fields were added from the Checklist to our Annual Survey data to make this tracking system comprehensive.

Status: Completed and ongoing

The East Bay Civil Rights Director/Acting Title IX Coordinator or DHR Administrator determine whether to pursue informal resolution or a university-initiated investigation without a complainant based on criteria from the Nondiscrimination Policy, including safety risk to community, repeated conduct, and role of the respondent, and documents the rationale in Maxient.

Status: Completed and ongoing

Since January 2024, East Bay Civil Rights ensures all complainants receive a Notice of Investigation, a Notice of Noninvestigation, or a Notice of Closure with an explanation as to why if no investigation is undertaken. If necessary, a Party may receive a letter at the conclusion of the initial assessment to ensure the Party has a clear understanding of the nature of the incident report and the proposed resolution path.

Status: Completed and ongoing

Since February 2025, the Intake function is kept separate from the investigations function for every case, each performed by separate staff, and explained to the impacted party.

Status: Completed and ongoing

Since 2016, the East Bay Case Management Team has functioned our Multidisciplinary Team (MDT) for addressing specific cases and sharing information confidentially. This was reconfirmed in May 2025 by our Implementation Team Co-Chairs and the Chancellor’s Office Systemwide Director.

We have additional multidisciplinary workgroups, including the Prevention Education Workgroup, Other Conduct of Concern Leads Workgroup, and Pregnancy Modifications Workgroup. In June 2024, the Pregnancy Related Modifications workgroup was formed to design workflows under new Title IX regulations effective August 1, 2024. Work was completed, and the workgroup is ad hoc.

Status: Completed and ongoing

Since 2016, the Case Management Team has served as East Bay's Multidisciplinary Team (MDT) of essential university partners that shares real time information at meetings and when needed. In October 2022, the Confidential Advocate, University Police Department Lieutenant, and Student Conduct Officer were added. The Associate Director of Residential Life was added in November 2023, due to the importance of Title IX/DHR issues arising for residents of on-campus housing. The Clery Director and Clery Administrative Support were added in May 2025, to consolidate standing meetings and to identify potential safety concerns or recurring issues. The Chancellor's Office Civil Rights Attorney was invited and asked to present on confidentiality and privacy in May 2025. The East Bay Civil Rights Director/Acting Title IX Coordinator consults with the Implementation Team Co-chairs on adjustments, in consultation with the Systemwide Director.

Status: Completed and ongoing

Since 2016, the East Bay Case Management Team (CMT) is our multidisciplinary team (MDT) of essential university partners that shares real-time information and holds it confidentially at scheduled meetings and when needed. In October 2022, the Confidential Advocate, University Police Department Lieutenant, and Student Conduct Officer were added. In November 2023, the Associate Director of Student Housing was added. Since May 2025, the Director/Acting Title IX Coordinator identifies new members, sets standards for meeting goals, sets ground rules for confidentiality, and reviews membership annually. In May 2025, the Clery Director, Clery Administrative Support, who sits in the University Police Department, and Chancellor’s Office Civil Rights Attorney were invited.

Status: Completed and ongoing

Since 2016, the East Bay Case Management Team has served as our multidisciplinary team (MDT) and meets biweekly. All new East Bay Civil Rights matters are reviewed weekly at staff meeting, at biweekly meetings of the Case Management Team, East Bay/Chancellor’s Office Civil Rights biweekly meetings, and CARE biweekly meetings (which includes Student Affairs, Counseling, Basic Needs, Academic Advising, and Associate Deans, with a focus on meeting mental health needs of students). This structure ensures regular, ongoing contact with campus partners multiple times per week and prompt ad hoc meetings when needed. The same parties may be discussed in multiple meetings to ensure supportive and safety measures are provided rapidly as possible. The biweekly cadence and availability of ad hoc meetings meets the needs of East Bay Civil Rights for information exchange and consultation with key partners throughout the campus community.

Status: Completed and ongoing

Since 2016, the East Bay Case Management Team (our multidisciplinary team (MDT) members share information at meetings confidentially in order to appropriately assess risk, climate, and potential patterns in all reports. Since June 2021, members can also share information securely via Maxient.

Status: Completed and ongoing

East Bay Director/Acting Title IX Coordinator, DHR Administrator, and Prevention Education Coordinator/Acting Deputy Title IX Coordinator share information regarding names and basic information securely and confidentially at Case Management Team (East Bay’s multidisciplinary team/MDT) meetings and through Maxient.

Status: Completed and ongoing

The Prevention Education Coordinator/Acting Deputy Title IX Coordinator or Director/Acting Title IX Coordinator reviews the importance of holding information confidentially, with sensitivity, and consistent with privacy laws at the start of every year, when onboarding new members, and as needed.

Status: Completed and ongoing

Since 2016, East Bay Case Management Team (our multidisciplinary team/MDT) continues to consult and engage partners with information to inform decisions about reasonably available supportive measures, protective orders, and the scope of programs/activities. Issues such as emergency removal, temporary suspension, or administrative leave are addressed directly with the decision maker in Faculty Affairs, Human Resources, or Student Conduct, after East Bay Civil Rights determines the factors are present.

Status: Completed and ongoing

Since 2016, East Bay Case Management Team (our Multidisciplinary Team/MDT) meetings provide regular opportunities for documenting factors considered in key decisions, what information was known, when, by whom, and its impact on analyses made by the Director/Acting Title IX Coordinator or DHR Administrator. Case Management Team members provide information to support decision-making, timing, and sequencing of East Bay Civil Rights actions to support the safety of Parties.

Status: Completed and ongoing

East Bay Case Management Team (our multidisciplinary team/MDT) meetings continue to facilitate shared fluency and knowledge of Title IX/DHR legal/regulatory requirements, the CSU Nondiscrimination Policy, Time Place and Manner Policy, standards of conduct, and considerations related to care and informed, equitable processes.

Status: Completed and ongoing

East Bay tools for consistent, informed, effective documentation and case management include the Chancellor’s Office Checklist; Annual Survey; weekly Civil Rights staff meetings to identify and schedule next steps; Maxient to preserve all case management documentation; biweekly meetings with Chancellor’s Office; and Director/Acting Title IX Coordinator and Chancellor’s Office review of all Notices by the Systemwide Director and Investigation Reports by the Civil Rights Attorney. East Bay tracks repeat Respondents as part of a larger effort to assess potential patterns of conduct.

Status: Completed and ongoing

For quality control, East Bay uses the Chancellor’s Office Checklist for case opening and the Annual Survey and Maxient for case closing to ensure all relevant documents, correspondence, and information are captured and preserved electronically.

Status: Completed and ongoing

East Bay maintains data in usable, searchable electronic formats for efficient decision making, analysis, and review. This includes Maxient and our tool to track case data for the Chancellor’s Office Annual Survey since February 2024, and using Maxient to document all case management activity since June 2024.

Status: Completed and ongoing

East Bay migrated all case management records for matters received since July 1, 2023 into Maxient, pending an enterprise-wide case management system.

Status: Completed and ongoing

Since January 2024, East Bay Director/Acting Title IX Coordinator conducts weekly reviews of new matters and case management data for quality assurance, including timeliness, clarity, and thoroughness, and all Notices, Letters, and Reports at this time. The Systemwide Director reviews all Notices, and the Civil Rights Attorney reviews all investigation reports.

Status: Completed and ongoing

East Bay Civil Rights Director/Acting Title IX Coordinator oversees investigations for quality and consistency of prompt and equitable processes. Director/Acting Title IX Coordinator and DHR Administrator review investigation reports, and obtain feedback and approval for all Notices of Investigation from the Systemwide Director, and for all Investigation Reports from the Civil Rights Attorney. East Bay maintains staff meeting notes to monitor all investigation-related due dates based on Nondiscrimination Policy timeframes.

Status: Completed

East Bay Civil Rights has an established protocol to support the timeliness of investigations, which includes weekly staff meeting notes to monitor all investigation-related due dates and adjust assignments where possible to minimize extensions under the Nondiscrimination Policy wherever feasible.

Status: Completed

East Bay Civil Rights has quality control processes to monitor active investigations for thoroughness and timeliness and to ensure timely communications to parties throughout the investigation. Director/Acting Title IX Coordinator and DHR Administrator review investigation reports, and obtain approval for all Notices of Investigation from the Systemwide Director and for all Investigation Reports from the Civil Rights Attorney. We use staff meeting notes to monitor all investigation-related due dates based on timeframes and criteria stated in the Nondiscrimination Policy. Director/Acting Title IX Coordinator makes adjustments in assigning new matters to minimize extensions under the Nondiscrimination Policy wherever feasible and reviews cycle times for completed investigations in conjunction with the Annual Survey. Parties in active investigations receive status updates for the investigation every 30 working days throughout the investigative process.

Status: Completed and ongoing

East Bay Director/Acting Title IX Coordinator and DHR Administrator review investigation reports, and obtain feedback on sufficiency and adherence to policy for all Investigation Reports from the Civil Rights Attorney.

Status: Completed and ongoing

East Bay Director/Acting Title IX Coordinator and DHR Administrator review investigation reports, and obtain feedback on sufficiency and adherence to policy for all Investigation Reports from the Civil Rights Attorney.

Status: Completed and ongoing

East Bay Civil Rights continues to evaluate barriers to reporting and engagement through engagement activities with students, faculty, and staff, Difficult Dialogues forums, and Restorative Practices trainings. East Bay Civil Rights engages student leaders and health educators for feedback on barriers to reporting and engagement throughout each academic year. East Bay aggregates case data for the Annual Survey, including protected class information, comparing our volumes with other CSU campuses based on size and demographics.

Status: Completed and ongoing

In January 2024, East Bay Civil Rights reviewed and revised the tone, content, and format of our incident reporting forms and outreach letters to be trauma-informed, avoid jargon, and explain supportive measures first. Caveats for anonymous reports are included. Pregnancy Modification template letters were revised in January 2025 to provide context for types of modifications. A template cover memo for Review of Evidence was created April 2025.

Status: Completed and ongoing

In March 2025, East Bay Civil Rights reviewed the current post-Title IX/DHR disciplinary processes for faculty and staff under the applicable collective bargaining agreements to ensure promptness by understanding the timelines, equity in terms of roles and power differential between parties, and informed communication regarding the various processes a respondent may choose based on their bargaining unit and the importance of timely investigations.

Status: Completed and ongoing

East Bay Civil Rights Director/Acting Title IX Coordinator remains engaged in disciplinary processes for all substantiated investigations, including sanctions, appeals, grievances, or arbitration, through regular check-ins with the decision maker and campus counsel until implementation is completed.

Status: Completed and ongoing

East Bay Civil Rights Director/Acting Title IX Coordinator and DHR Administrator meet biweekly with Chancellor’s Office Systemwide Director, Civil Rights Attorney, and Campus Counsel. We have agreement to be looped in on any negotiated settlements by the Office of General Counsel.

Status: Completed and ongoing

In October 2024, East Bay Civil Rights created a process for routine feedback from parties. We encountered technical issues associated with multiple log-ins by users. In May 2025, with help from an Implementation Team member, we identified a custom setting to allow users previously blocked to access the feedback form.