Common use of PROCEDURES AND PROTOCOLS Clause in Contracts

PROCEDURES AND PROTOCOLS. ▇. ▇▇▇▇ will continue to uphold the University’s systemwide policies that prohibit Sex Discrimination, including Sexual Harassment that creates a hostile environment and Retaliation, as required by Title IX, as well as grievance procedures providing for the prompt, equitable, and effective investigation, adjudication (where appropriate), and appeal (where applicable) of all reports of alleged Sex Discrimination over which SJSU has jurisdiction. B. To support SJSU’s implementation of the University systemwide policies that prohibit Sex Discrimination and related grievance procedures, SJSU will maintain one case management database or system (“Case Management System”) for the secure electronic storage of all reports of Sex Discrimination (including all related files, e.g., Documents or media) received by the Title IX Office. Access to reports of Sex Discrimination, related files, and the Case Management System will be limited only to designated Title IX Personnel. The Title IX Coordinator may share information with SJSU administrators where necessary to effectuate Supportive Measures, Remedies, Disciplinary Actions, or other actions required by University policies. The SJSU Case Management System will be designed to capture or maintain the following information for all reports (if available): 1. The date of the report and the date, nature, and location of the incident; 2. The name of the reporter or whether the report was anonymous; 3. The name and title of the person who received the report; 4. The name of the person alleged to have experienced Sex Discrimination, if other than the reporter, and affiliation with SJSU; 5. The name of the respondent and affiliation with SJSU; 6. Any SJSU formal community context (e.g., athletic team, student organization, department, or office) in which the incident arose; 7. Whether a formal complaint was received by SJSU, along with copies of the notice of allegations provided to the parties. If SJSU dismissed the formal complaint, a copy of the written notice of dismissal sent to the parties with reason for the dismissal; 8. Whether SJSU opened an investigation and, if applicable, its reason for declining to investigate; 9. The name of the person assigned to investigate the complaint and/or implement any Supportive Measures; 10. All Supportive Measures offered and implemented; 11. The names of all witnesses identified by either party, interview notes (or summaries, as available), and for any witnesses who were not interviewed, an explanation of why they were not interviewed;

PROCEDURES AND PROTOCOLS. ▇. ▇▇▇▇ will continue to uphold the University’s systemwide policies that prohibit Sex Discrimination, including Sexual Harassment that creates a hostile environment and Retaliation, as required by Title IX, as well as grievance procedures providing for the prompt, equitable, and effective investigation, adjudication (where appropriate), and appeal (where applicable) of all reports of alleged Sex Discrimination over which SJSU has jurisdiction. B. To support SJSU’s implementation of the University systemwide policies that prohibit Sex Discrimination and related grievance procedures, SJSU will maintain one case management database or system (“Case Management System”) for the secure electronic storage of all reports of Sex Discrimination (including all related files, e.g., Documents or media) received by the Title IX Office. Access to reports of Sex Discrimination, related files, and the Case Management System will be limited only to designated Title IX Personnel. The Title IX Coordinator may share information with SJSU administrators where necessary to effectuate Supportive Measures, Remedies, Disciplinary Actions, or other actions required by University policies. The SJSU Case Management System will be designed to capture or maintain the following information for all reports (if available): 1. The date of the report and the date, nature, and location of the incident; 2. The name of the reporter or whether the report was anonymous; 3. The name and title of the person who received the report; 4. The name of the person alleged to have experienced Sex Discrimination, if other than the reporter, and affiliation with SJSU; 5. The name of the respondent and affiliation with SJSU; 6. Any SJSU formal community context (e.g., athletic team, student organization, department, or office) in which the incident arose; 7. Whether a formal complaint was received by SJSU, along with copies of the notice of allegations provided to the parties. If SJSU dismissed the formal complaint, a copy of the written notice of dismissal sent to the parties with reason for the dismissal; 8. Whether SJSU opened an investigation and, if applicable, its reason for declining to investigate; 9. The name of the person assigned to investigate the complaint and/or implement any Supportive Measures; 10. All Supportive Measures offered and implemented; 11. The names of all witnesses identified by either party, interview notes (or summaries, as available), and for any witnesses who were not interviewed, an explanation of why they were not interviewed; 12. Whether the parties engaged in informal resolution and, if so, the name of the person who facilitated the informal resolution process, and the outcomes achieved through the informal resolution; 13. The dates of the start of the investigation, the review of evidence, the final report, any hearing, and the stages of the appeals process; 14. Any significant correspondence between Title IX Personnel and the parties during the pendency of the investigation, hearing, and appeals; and 15. SJSU’s findings at the adjudication and appeal stages, including all Disciplinary Actions taken and Remedies implemented. ▇. ▇▇▇▇ will retain complete records and supporting Documents related to any reported incident of alleged Sex Discrimination for no less than 7 years beginning from the date of the record’s creation. For reports of Sexual Harassment involving Employee respondents, SJSU will further maintain all records and supporting Documents related to any incident of alleged Sexual Harassment for the period of employment and no less than 7 years following the date of the Employee’s final day of employment. ▇. ▇▇▇▇ will establish an internal operating protocol through which the Title IX Coordinator will collaborate with other SJSU units. These SJSU units must include the SJSU University Police 1. Determining appropriate Supportive Measures during the report, investigation, and adjudication process, with the Title IX Coordinator providing final approval on any Supportive Measures and Remedies; 2. Assessing whether Supportive Measures and Remedies approved by the Title IX Coordinator are effective in keeping complainants safe by evaluating any concerns raised about Supportive Measures or Remedies and SJSU’s response to any such concerns; and 3. Discussing trends in reported incidents of Sexual Harassment on campus (including frequency and location of incidents). E. In addition to the requirements of provision 3.D., SJSU will develop an internal operating protocol for coordinating with UPD and local law enforcement. The internal operating protocol will: 1. Consistent with state law, including with the consent of the complainant, require that UPD promptly disclose to the Title IX Coordinator within two Days all reports of Sexual Harassment made to UPD; 2. Require UPD, upon receipt of a complaint of Sexual Harassment, to provide the reporter or complainant with information about Title IX resources, referrals to campus and community resources, and the reporter’s rights under Title IX and University systemwide policies that prohibit Sex Discrimination, irrespective of a criminal justice response; 3. Require that the Title IX Coordinator be involved, as appropriate and consistent with federal and state law and University systemwide policies, in decisions relating to Timely Warnings and Emergency Notifications; and 4. Establish when and how, consistent with applicable federal and state law, UPD will obtain and share with the Title IX Office information received from local law enforcement about Sexual Harassment allegations. F. For the duration of this Agreement, unless required by federal or state law, SJSU will not make material modifications to its implementation procedures or internal operating protocols of University systemwide policies that prohibit Sex Discrimination and related grievance procedures without seeking the Department’s review and approval, which the Department will not unreasonably delay or withhold. G. If the University revises its systemwide policies that prohibit Sex Discrimination or related grievance procedures, or if SJSU revises its campus implementation procedures or internal operating protocols, SJSU will promptly update all appropriate campus sources, including online (e.g., the Main SJSU Website and the SJSU Title IX Webpage) and all student and employee handbooks, athletics handbooks and manuals, housing handbooks, and course catalogs. H. Within 90 Days of the date of this Agreement, SJSU will submit to the Department for review and approval drafts of the implementation procedures or internal operating protocols required by this Section. The Department will provide any feedback on a rolling basis within 60 Days of receipt. I. No later than 15 Days after finalizing or revising the implementation procedures or internal operating protocols required by this Section, SJSU will provide links to digital versions of the internal operating protocols on the SJSU Title IX Webpage. At that time, SJSU will provide written confirmation that it has implemented the following from this Section of the Agreement: (1) establishment of the Case Management System in accordance with provision 3.B.; (2) establishment of the internal operating protocols described in provisions 3.D. and 3.E.; and (3) any updates, as appropriate, to the campus sources outlined in provision 3.G. 12 | Agreement

PROCEDURES AND PROTOCOLS. ▇. ▇▇▇▇ A. SJSU will continue to uphold the University’s systemwide policies that prohibit Sex Discrimination, including Sexual Harassment that creates a hostile environment and Retaliation, as required by Title IX, as well as grievance procedures providing for the prompt, equitable, and effective investigation, adjudication (where appropriate), and appeal (where applicable) of all reports of alleged Sex Discrimination over which SJSU has jurisdiction. B. To support SJSU’s implementation of the University systemwide policies that prohibit Sex Discrimination and related grievance procedures, SJSU will maintain one case management database or system (“Case Management System”) for the secure electronic storage of all reports of Sex Discrimination (including all related files, e.g., Documents or media) received by the Title IX Office. Access to reports of Sex Discrimination, related files, and the Case Management System will be limited only to designated Title IX Personnel. The Title IX Coordinator may share information with SJSU administrators where necessary to effectuate Supportive Measures, Remedies, Disciplinary Actions, or other actions required by University policies. The SJSU Case Management System will be designed to capture or maintain the following information for all reports (if available): 1. The date of the report and the date, nature, and location of the incident; 2. The name of the reporter or whether the report was anonymous; 3. The name and title of the person who received the report; 4. The name of the person alleged to have experienced Sex Discrimination, if other than the reporter, and affiliation with SJSU; 5. The name of the respondent and affiliation with SJSU; 6. Any SJSU formal community context (e.g., athletic team, student organization, department, or office) in which the incident arose; 7. Whether a formal complaint was received by SJSU, along with copies of the notice of allegations provided to the parties. If SJSU dismissed the formal complaint, a copy of the written notice of dismissal sent to the parties with reason for the dismissal; 8. Whether SJSU opened an investigation and, if applicable, its reason for declining to investigate; 9. The name of the person assigned to investigate the complaint and/or implement any Supportive Measures; 10. All Supportive Measures offered and implemented; 11. The names of all witnesses identified by either party, interview notes (or summaries, as available), and for any witnesses who were not interviewed, an explanation of why they were not interviewed; 12. Whether the parties engaged in informal resolution and, if so, the name of the person who facilitated the informal resolution process, and the outcomes achieved through the informal resolution; 13. The dates of the start of the investigation, the review of evidence, the final report, any hearing, and the stages of the appeals process; 14. Any significant correspondence between Title IX Personnel and the parties during the pendency of the investigation, hearing, and appeals; and 15. SJSU’s findings at the adjudication and appeal stages, including all Disciplinary Actions taken and Remedies implemented. C. SJSU will retain complete records and supporting Documents related to any reported incident of alleged Sex Discrimination for no less than 7 years beginning from the date of the record’s creation. For reports of Sexual Harassment involving Employee respondents, SJSU will further maintain all records and supporting Documents related to any incident of alleged Sexual Harassment for the period of employment and no less than 7 years following the date of the Employee’s final day of employment. D. SJSU will establish an internal operating protocol through which the Title IX Coordinator will collaborate with other SJSU units. These SJSU units must include the SJSU University Police 1. Determining appropriate Supportive Measures during the report, investigation, and adjudication process, with the Title IX Coordinator providing final approval on any Supportive Measures and Remedies; 2. Assessing whether Supportive Measures and Remedies approved by the Title IX Coordinator are effective in keeping complainants safe by evaluating any concerns raised about Supportive Measures or Remedies and SJSU’s response to any such concerns; and 3. Discussing trends in reported incidents of Sexual Harassment on campus (including frequency and location of incidents). E. In addition to the requirements of provision 3.D., SJSU will develop an internal operating protocol for coordinating with UPD and local law enforcement. The internal operating protocol will: 1. Consistent with state law, including with the consent of the complainant, require that UPD promptly disclose to the Title IX Coordinator within two Days all reports of Sexual Harassment made to UPD; 2. Require UPD, upon receipt of a complaint of Sexual Harassment, to provide the reporter or complainant with information about Title IX resources, referrals to campus and community resources, and the reporter’s rights under Title IX and University systemwide policies that prohibit Sex Discrimination, irrespective of a criminal justice response; 3. Require that the Title IX Coordinator be involved, as appropriate and consistent with federal and state law and University systemwide policies, in decisions relating to Timely Warnings and Emergency Notifications; and 4. Establish when and how, consistent with applicable federal and state law, UPD will obtain and share with the Title IX Office information received from local law enforcement about Sexual Harassment allegations. F. For the duration of this Agreement, unless required by federal or state law, SJSU will not make material modifications to its implementation procedures or internal operating protocols of University systemwide policies that prohibit Sex Discrimination and related grievance procedures without seeking the Department’s review and approval, which the Department will not unreasonably delay or withhold. G. If the University revises its systemwide policies that prohibit Sex Discrimination or related grievance procedures, or if SJSU revises its campus implementation procedures or internal operating protocols, SJSU will promptly update all appropriate campus sources, including online (e.g., the Main SJSU Website and the SJSU Title IX Webpage) and all student and employee handbooks, athletics handbooks and manuals, housing handbooks, and course catalogs. H. Within 90 Days of the date of this Agreement, SJSU will submit to the Department for review and approval drafts of the implementation procedures or internal operating protocols required by this Section. The Department will provide any feedback on a rolling basis within 60 Days of receipt. I. No later than 15 Days after finalizing or revising the implementation procedures or internal operating protocols required by this Section, SJSU will provide links to digital versions of the internal operating protocols on the SJSU Title IX Webpage. At that time, SJSU will provide written confirmation that it has implemented the following from this Section of the Agreement: (1) establishment of the Case Management System in accordance with provision 3.B.; (2) establishment of the internal operating protocols described in provisions 3.D. and 3.E.; and (3) any updates, as appropriate, to the campus sources outlined in provision 3.G. 12 | Agreement