What Happens if I am Charged?
University procedures and sanctions are separate from any criminal charges or civil proceedings. University procedures may be conducted before, concurrently, or after any legal actions. While the standard of proof required in a criminal court is "beyond a reasonable doubt," the university's standard of proof is that an incident's occurrence is "more likely than not," which is proved by a preponderance of the evidence. Possible sanctions and the role of attorneys also differ in the two systems.
If the Title IX investigation concludes that sexual misconduct by a Cal Poly student occurred, the Office of Student Rights and Responsibilities (OSRR) will begin a disciplinary investigation. The disciplinary investigation will incorporate information and findings from the Title IX report.
Since sexual misconduct is defined as an activity that threatens or endangers another's health or safety, a student may be subject to interim suspension even before the conclusion of the OSRR investigation. Interim suspension prevents the student from entering the Cal Poly campus except to meet with the OSRR Director to discuss the imposition of the suspension. Information about interim suspension is available at The Process. Consult the section entitled "The Process" and open the link to Executive Order 1043, Article VI.
The charged student is entitled to have an advisor, including an attorney, or other support person(s) present in any meetings throughout the process. If the charged student's advisor is an attorney, the student must notify OSRR of the attorney's attendance at least three days prior to a meeting. The advisor cannot represent the student or serve as the student's advocate in the disciplinary process.
During the investigation of a disciplinary charge, the charged student is entitled to present information, including witnesses. The charged student and complainant will have equal access to investigative reports. Once the disciplinary investigation is completed, OSRR will meet with the charged student to explain the results of the investigation. If a violation of the Standards for Student Conduct is established by a preponderance of the evidence, a disciplinary charge will be filed.
The disciplinary charge may be resolved in pre-conference meetings. If, however, no agreement can be reached between the charged student and the University, a formal hearing will be conducted in accordance with the provisions of Executive Order 1043. The physical setting of a hearing can be arranged to avoid direct visual and verbal contact between the charged student and the participating complainant.
Disciplinary sanctions could include a stay away order, reasonable modifications of class schedules and other on-campus activities, counseling referrals or other educational activities, community service, disciplinary probation, suspension, or expulsion.
For additional information about the Cal Poly disciplinary process, contact OSRR at 805-756-2794 or www.osrr.calpoly.edu.