Student Clubs and Organizations Complaint Review Procedure

California State University (CSU) Executive Order 1068 -Student Activities, grants campuses authority to grant or withdraw recognition of student clubs and organizations and "establish codes of conduct for student organizations and procedures for sanctions against the organizations." At CSU, Northridge (CSUN), as a condition of recognition, student clubs and organization must adhere to the Code of Ethics for University Recognized Student Clubs and Organizations (see attached), as well as all applicable CSU and CSUN policies and procedures. Student clubs and organizations and their officers may be held collectively and individually responsible for violations associated with their events, activities, and actions. Complaints about the behavior of individual student members of clubs and organizations, which constitute a violation of the CSU Student Conduct Code, may be referred to the Office of the Vice President for Student Affairs and Dean of Students, the Office of Equity and Diversity and/or other appropriate university authorities for review and action. Below are the procedures for handling complaints against student clubs and organizations.

General Provisions

  1. Recognized student clubs and organizations are responsible for keeping officer and advisor contact information on file and current at all times in the Matador Involvement Center (MIC).
  2. Email is the official means by which notices required by these procedures will be provided.
  3. All references in these procedures to chief student executive officer (CSEO) shall mean the president or equivalent officer of a club or organization. In cases where this position is vacant or the incumbent has a conflict of interest ( e.g., where president is a party alleged to have committed the violation under review), the CSEO shall be the next highest ranking officer of the club or organization. If no such individual is available, MIC professional staff will identify a member of the club or organization to fulfill that role.
  4. As used herein, a business day is a calendar day on which CSUN is open, including periods between fall and spring terms. All references to timeframes ( e.g., 24 hours in advance) in this procedure shall refer to time occurring on a business day. All timelines in these procedures may be extended by mutual agreement of the parties.
  5. The Vice President for Student Affairs and Dean of Students (VPSA) or designee shall resolve all disputes and provide needed clarifications as to the operation of these procedures.
  6. All complaints alleging discrimination, harassment, or retaliation as those terms are defined in CSU Executive Orders 107 4 and/or 1089 will be referred by the VPSA or designee to the Office of Equity and Diversity 9OED) for investigation and consideration of any necessary interim remedies. OED shall prepare and forward to the VPSA or designee a written report, which may include a recommendation of appropriate action. Sanctions may then be issued by the VPSA or designee. The student club or organization shall be notified of the outcome of the investigation and the sanctions to be imposed within 15 business days of the VPSA's or designee's receipt of the investigation report.

Section 1: Scope of Authority

  1. Except as provided herein, these procedures shall be used to address complaints alleging violations of the Code of Ethics for Clubs and Organizations by CSUN recognized student clubs and organizations.
  2. Complaints alleging a violation of the Student Code of Conduct shall be referred to the VPSA.
  3. CSUN approved student judicial processes ( e.g., fraternity and sorority governing councils, Sports Club Council, Associated Students Judicial Court, etc.) will have authority to hold their member organizations responsible for adhering to their own governing documents, policies and procedures. When alleged violations occur that could violate CSU, CSUN and governing board documents, policies and/or procedures, the appropriate student governing body may choose to proceed with its approved judicial processes to adjudicate matters within its jurisdiction, but which shall be separate from these complaint procedures.

Section 2: Reports of Alleged Violations, Investigations, and Settlement Agreements

  1. Reports of alleged violations by student clubs and organizations are filed with the Matador Involvement Center (MIC). A Student Club & Organization Complaint Report form shall be submitted to or prepared by MIC staff detailing as much information as possible regarding the incident or concerning behavior, including but not limited to: date and time, location, name of event, students involved, reference to specific policy believed to have been violated, witnesses, damages, and requested action. The form can be found on the MIC's website at https://www.csun.edu/getinvolved/permits. A complaint may also result from information that becomes known via police or other CSU or CSUN reports, in person or email/telephone, or by fax. As appropriate, MIC staff will complete a Complaint Report to document such allegations and shall process the complaint according to these procedures.
  2. Serious misconduct, including but not limited to hospitalizations due to alcohol or drug abuse, hazing incidents, threats of violence, assault, and sexual assault shall be referred to the VPSA or designee for determination of handling.
  3. Complaints involving serious misconduct may result in the imposition of an interim suspension by the VPSA or designee of a club or organization's activities or CSUN recognition pending the outcome of a complaint.
  4. MIC professional staff will receive complaints and determine if an alleged violation warrants further administrative review or other appropriate action including a direct referral to the VPSA.
  5. If it appears that a violation falling within the scope of these procedures may have occurred, the assigned MIC professional staff member (herein referred to as Facilitator) will conduct an initial investigation of the complaint with the CSEO of the student club or organization.
    1. The purpose of the initial investigative meeting is to gather facts, educate the student club or organization about applicable policies, assess the possibility of immediate solutions, determine whether there has been a violation of campus policies, decide if further investigation is necessary, and discuss potential sanctions if a violation has occurred.
    2. Notice of this meeting shall be given in writing and sent by email to the CSEO at least five (5) business days before it is to occur.
    3. The student club or organization faculty, staff or alumni advisor( s) or another officer of the organization may accompany the CSEO to this meeting. At the discretion of the Facilitator, other persons with information about the alleged violation may also be invited to participate in this meeting or at a separate time.
    4. If the matter involves a conflict between two or more parties, the Facilitator may invite representatives from the entities involved to attempt to resolve the conflict through an initial mediation.
    5. If the Facilitator determines that a violation did not occur or concerns behavior outside the scope of these procedures, all parties shall be provided notice of such findings within 10 days after the investigation meeting and the complaint review shall be terminated.
    6. If the Facilitator determines that a violation did occur, and if the matter involves a first time offense involving a very minor infraction, the Facilitator may choose to issue a written reprimand. If the violation involves a significant infraction or a pattern of repeated violations, a settlement agreement may be offered to the CSEO in writing within 10 business days after the investigation meeting.
    7. The Facilitator may choose to develop joint sanctions with a student club or organization's national office or with another college or university regarding incidents involving students from more than one institution.
    8. The agreement shall include a statement as to the consequences of failure to fulfill the agreed sanctions. The agreement will be reviewed and endorsed by the Director of Student Involvement and Development (Director), and the VPSA or designee when the sanction involves probation, restricted status, or removal of recognition, prior to being offered to the CSEO. The CSEO shall accept or deny the agreement in writing electronically within five (5) business days from its receipt.
    9. If the student club or organization does not accept the agreement within five (5) business days from its receipt, the case may be referred by the Facilitator to a formal administrative hearing. In addition, if after the initial investigation the Facilitator determines that a hearing is otherwise the most appropriate means by which to determine if a violation has occurred, a hearing will be conducted.

Section 3: Formal Hearings

  1. Following consultation with the VPSA or designee, the Director shall decide whether a complaint will proceed to a formal hearing.
  2. For cases referred for a hearing, a report of the alleged misconduct involving the student organization shall be prepared by the Facilitator.
    1. This report shall include if possible, but is not limited to:
      1. A description of the alleged violation, including date, time and place
      2. The name of the organization and members involved
      3. The number of participants/persons in attendance, if relevant
      4. Names of witnesses, if any
      5. Summary of interviews of witnesses and/or members involved
      6. Estimated damage, if any VIL A summary of all evidence pertaining to the case
    2. The report shall be given to the CSEO of the student club and organization charged with misconduct, and its advisor(s), the Director, and other appropriate University officials.
  3. The Director shall send written notification of a scheduled hearing to the email address of the CSEO on file with the MIC at least five (5) business days prior to the hearing.
  4. The hearing notification will include the date, location and time of hearing; a copy of the report described in B.1. (above); a statement as to the opportunities for the CSEO to be accompanied by an advisor and to invite witnesses to attend; and a copy of this Student Clubs and Organizations Complaint Review Procedure.
  5. The CSEO must submit a list of potential witnesses, ifany, and a copy of any written documents or statements, and or other evidence to the Facilitator and the Director no less than twenty-four hours prior to the hearing.
  6. The following are the only individuals mandated and/or allowed to attend a hearing:       
    1. The CSEO of the organization charged with misconduct must be in attendance
    2. One advisor (if the organization is a chapter of a national organization, a second advisor from the national office may also attend)
    3. Any witnesses testifying (during the time of their testimony only)
    4. The Facilitator or another member of the MIC professional staff who will be responsible for presenting the evidence against the charged club or organization
    5. University officials deemed appropriate by the Hearing Officer If the case involves two or more student organizations, all organizations shall be permitted to have an officer or student designee and an advisor of its choice present.
  7. An advisor may not present evidence or question witnesses; the advisor's role is to advise the CSEO. The advisor may not be an attorney.
  8. A student organization charged with misconduct is presumed ta-be not in violation, and this presumption exists until responsibility is demonstrated by the required standard of proof.
  9. Any evidence relevant to a case is admissible at a hearing. The standard of proof required is "a preponderance of the evidence," which means that the evidence considered by the Hearing Officer indicates that it is more likely than not that the organization is responsible for the actions alleged in the complaint.
  10. Witnesses are expected to speak the truth. Ifa student intentionally provides false testimony, the student may be charged with a violation of the Student Conduct Code.
  11. If the CSEO fails to appear at a hearing after being given proper notice, the hearing will continue as scheduled, and the available evidence shall be presented, considered and adjudicated.
  12. The hearing shall be presided over by a Hearing Officer selected by the Director. The Hearing Officer shall be a CSU employee who does not have a personal interest in or a conflict that might influence his/her ability to fairly judge the evidence in the case. The Director shall insure that the Hearing Officer has been:
    1. Properly instructed as to his/her responsibilities, including confidentiality and the timely preparation ofa report of findings and recommendations
    2. Provided with a copy of these procedures
    3. Provided all pre-hearing documents assembled pursuant to these procedures
    4. Advised as to the date, time, and location of the hearing
    5. Provided any other logistical support that maybe necessary in the conduct of the hearing
  13. Any abusive or disrespectful behavior by anyone in attendance at a hearing shall not be tolerated: The Hearing Officer may direct a disruptive or disrespectful individual to leave from the hearing. At any time during the hearing, the student club or organization can waive the hearing and accept a settlement agreement if one was offered. This waiver must be done in writing by the CSEO of the student club or organization.
  14. The hearing will proceed as follows:
    1. Introductions of all persons present.
    2. The Hearing Officer will provide a summary of the judicial process as it pertains to the particular hearing.
    3. The Hearing Officer will provide an explanation of the charges against the student club or organization.
    4. Opening statements by both the Facilitator and the CSEO
    5. Presentation of evidence by Facilitator
      1. The CSEO may ask questions of witnesses and those presenting the evidence upon being recognized for this purpose by the Hearing Officer.
      2. The Hearing Officer may ask questions of witnesses and those presenting the evidence.
      3. Presentation of evidence by CSEO.
      4. The Facilitator may ask questions of witnesses and those presenting the evidence.
      5. The Hearing Officer may ask questions of witnesses and those presenting the evidence.
    6. Concluding statement by CSEO.
    7. Concluding statement by Facilitator, including recommended sanction(s).
  15. The Hearing Officer next determines whether the organization is responsible for a violation of CSU and/or CSUN policy and, if so, shall propose an appropriate sanction(s). The Hearing Officer shall submit a report of findings and recommendations to the Director not later than 10 business days after the hearing unless an extension for the submission of the report is granted by the Director.

Section 4: Sanctions

Sanctions for student club or organization violations may include, but are not limited to:

  1. Reprimands-Indication that the student club or organization's actions were inappropriate along with an expectation that future infractions shall not occur and may include the expectation that a formal letter of apology be written, if appropriate.
  2. Restitution-Compensation for loss, damages or injury that may include appropriate service and/or monetary material replacement.
  3. Probation-A period of time during which the student club or organization is expected to demonstrate exemplary compliance with CSU and CSUN policies, with the consequence of violations indicated. Probation may include conditions that the organization must meet to be removed from probation.
  4. Restricted Activities or Privileges-A specified period of time during which the student club or organization is not allowed to hold or participate in specific events or activities. An organization on restricted status must continue to fulfill responsibilities required of recognized campus organizations and of their respective governing council if applicable, and must demonstrate exemplary compliance with CSU and CSUN policies. Organizations on restricted status are permitted to participate in certain campus events such as charitable or community service events if they seek approval from the Facilitator to do so.
  5. Conducting and/or participation in educational workshops-This shall include but not be limited to: educational seminars for the student club or organization, having the student club or organization prepare presentation(s) to educate others, as well as other sanctions appropriate for the nature of the misconduct.
  6. Community service-A specific number of hours of community service to be coordinated through the MIC.
  7. Revocation of University Recognition -The student club or organization's recognition is withdrawn by CSUN for a period of one year or more, or permanently. For nationally or regionally affiliated organizations, the national or regional organization would-be requested to also withdraw the local charter.

Section 5: Decision following Hearing

  1. The Hearing Officer shall issue a report to the Director. This report shall include:
    1. The student club or organization charged
    2. The specific CSU and/or CSUN policies and/or procedures that the student club or organization has violated.
    3. The date, time and place of the hearing
    4. A list of persons present at the hearing
    5. A summary of the evidence considered
    6. The :findings and conclusions reached based on the evidence presented at the hearing.
    7. The proposed sanctions, if appropriate.
  2. Following consultation with the VPSA or designee, the Director shall accept and implement the recommendations of the Hearing Officer or refer the case back to the Hearing Officer for further considerations. Sanctions involving the revocation of recognition shall be issued by the VPSA or designee.
  3. The student club or organization will be notified of the outcome within 15 business days of the hearing.

Section 6: Appeals

  1. Within five (5) business days after notification of the decision, the student club or organization may submit a written appeal ofthe decision to the VPSA or designee. Grounds for appeal are limited to:
    1. The decision was not based on substantive evidence
    2. There is significant new evidence not available at the time of the hearing or investigation, as applicable
    3. Applicable policy, including the Complaint Procedure, was not properly applied
    4. The sanction is unreasonable for the offense
  2. If a student club or organization submits an appeal meeting the criteria outlined above, the sanctions shall not become effective until after the appeal process is completed.
  3. The VPSA or designee shall render a final decision and shall notify all parties in writing within 10 business days of the filing of the appeal. The VPSA or designee may modify or set aside the decision under appeal, or may return the case for further consideration and recommendation.

Section 7: Student Club and Organization Judicial Records

  1. All student club and organization judicial records involving a complaint that resulted in a sanction shall be maintained in the MIC for five (5) years from the final disposition of the complaint or the conclusion of any sanctions resulting from the complaint, whichever is longer. Any materials used in such a case shaU become a part of this student club and organization judicial record.
    1. In all such cases considered pursuant to these procedures, such materials shall include, but are not limited to:
      1. Original Complaint Report form
      2. Facilitator's initial report
      3. Formal notice letters
      4. Hearing Officer's report
      5. Decision and sanction letters
      6. Written appeal letter and appeal decision (if applicable)
    2.       
    3. In all such cases referred to and investigated by OED, such materials shall include, but are not limited to:
      1. Decision and sanction letters
      2. Written appeal letter and appeal decision (if applicable)
  2.       
  3. The student club and organization judicial records shall be confidential. The University may release a general description of charges against a student club or organization (with names redacted), whether the student club or organization was found responsible, and any sanctions imposed. Access to the judicial records shall be limited to the professional staffing the MIC, the student club or organization involved, and Division of Student Affairs staff members.

Section 8: Authority

  1. The Vice President for Student Affairs and Dean of Students is granted authority to take such actions as are necessary to effectively implement this procedure and may approve revisions hereto that are consistent with the objectives of this procedure, reasonable standards of due process, and well as CSU and CSUN policies and Procedures.

Approved:

Date:

Original Date Approved: 10/18/13

Revised: 1/30/14

CSUN Complaint Review Process Helpful Websites and Terms

Websites:

CSU Executive Order 1068: This Executive order of the CSU can be found at: https://calstate.policystat.com/policy/10170470/latest

CSUN Code of Ethics for University Recognized Student Clubs and Organizations: This Code can be found at https://www.csun.edu/mic/fraternity-sorority/fraternity-sorority-guidelines/university-guidelines-and-state-laws

CSU Student Conduct Code: This Code can be found at: https://catalog.csun.edu/policies/student-conduct-code/

CSUN Student Involvement and Development Office (SDIP): Location: University Student Union; Phone: 818-677-2393; website: https://www.csun.edu/sdip/

CSUN Vice President of Student Affairs and Dean of Students Office: Location: University Hall 31 O; Phone: 818-677-2391; website: https://www.csun.edu/studentaffairs/

CSUN Office of Equity and Diversity (OED): Location: University Hal 285; Phone: 285 818-677-2077; website: https://www.csun.edu/office-equity-and-compliance

CSUN Matador Involvement Center (MIC): Location: University Student Union; Phone: 818-677-511; website: https://www.csun.edu/getinvolved/

Interfraternity Council Judicial Process: This Code can be found at: https://www.csun.edu/mic/fraternity-sorority/fraternity-sorority-guidelines/procedures-handling-complaints

Sport Club Council: This Code can be found at: https://www.csun.edu/as/departments/sport-clubs/sport-clubs-council

Associated Students Judicial Court Code: This Code can be found at: https://www.csun.edu/as/departments/student-leadership/judicial-court

Terms:

CSEO -Chief Student Executive Officer: CSUN student president or equivalent office holder of a club/ organization

Complaint Review Process Facilitator: CSUN Matador Involvement Center staff member assigned to conduct an initial investigation of a received complaint

Complaint Review Process Hearing Officer: CSUN staff or faculty member assigned the responsibility of conducting a formal hearing to address a received complaint