Resolution of discrimination, harassment and retaliation complaints is available to all members of the University community. The procedures vary, but are all intended to resolve complaints in a timely and responsive manner at the earliest possible stage.
For employees represented by a collective bargaining agreement, the collective bargaining agreement outlines procedures, process and timelines. Information is available from your campus union representative, or online at http://www.calstate.edu/LaborRel/Contracts_HTML/contracts.shtml
For employees not eligible to file a complaint or grievance under a collective bargaining agreement or whose collective bargaining agreement incorporates CSU system-wide complaint procedure, the complaint procedure is outlined in CSU Executive Order 928. It is available online at: http://www.calstate.edu/LaborRel/Contracts_HTML/contracts.shtml
For students or other members of the campus community, guests, visitors, affiliates and associates, the Campus Complaint Resolution Procedure will apply. Forms are available in the Office of Equity and Diversity, USU 301. Please note: for students, these complaint procedures are applicable if the alleged offender is an employee, vendor, contractor, or visitor. Alternatively, if the alleged offender is a student, complaints should be filed in the Office of Judicial Affairs.
This procedure is initiated by speaking with one of the following persons of your choice: Immediate supervisor, program/office director, department chairperson/director, dean/associate dean, designated resource person (list available from the Office of Equity and Diversity or online at http://www.csulb.edu/depts/oed/resources/res-r3-2.htm), Director of Equity and Diversity.
These individuals are expected to: provide information about University policy and procedures, ensure the safety and security of the complainant in the immediate environment, ensure the due process of the individual(s) charged, ensure confidentiality to the extent possible by and with all parties, report the complaint to the Director of Equity and Diversity within five (5) working days from receipt of the complaint, consult with the Director of Equity and Diversity at least once per week until the complaint is resolved, an outcome is reached, or the complaint is referred to the Director of Equity and Diversity for review and consideration, maintain notes of the complaint and log of all contacts made, report monthly to the Director of Equity and Diversity of the number, nature, and outcome of the complaints. The outcome of all informal complaints must be reported to the Director of Equity and Diversity. If the proposed remedy is unsatisfactory to the complainant, or if the complaint is not resolved in the informal process, the complaint may proceed to the formal level.
An allegation becomes a formal complaint only when it is filed in writing on an official University discrimination complaint resolution form and is signed, or when the Director of Equity and Diversity files the complaint. The form is available from the Office of Equity and Diversity.
The alleged offender will be notified of the complaint by the Director of Equity and Diversity. The alleged offender is required to respond in writing.
If agreement is reached, the Director of Equity and Diversity shall provide all concerned parties with a written statement of the resolution.
If agreement is not reached, the Director of Equity and Diversity will proceed to evaluate the applicability of University policy prohibiting discrimination, harassment, and retaliation to the alleged behavior.
The Director of Equity and Diversity is authorized to interview anyone deemed necessary to the investigation. The investigation will normally be completed within thirty (30) working days.
Time limits may be extended or waived by the President or upon request of the Director of Equity and Diversity.
At the conclusion of the investigation, the Director of Equity and Diversity will submit a report of the complaint, investigation and findings and recommendations to all concerned parties, and the appropriate division executive. The division executive will notify the Director of Equity and Diversity of resulting action.
Pursuant to Executive Order 1045 a student/applicant for admission (applicant) on any one of the 23 campuses of the California State University may file a complaint related to discrimination, harassment, or retaliation.
Immediately following a discriminatory, harassing, or retaliatory act/action, or as soon as possible thereafter, students/applicants who believe they are or may have been victims of discrimination, harassment or retaliation, may initiate the Informal Resolution process to receive information and advice about the procedures that exist for resolving such matters.
For the purpose of this executive order, day is defined as work day which means Monday through Friday, excluding all official holidays or campus closures at the campus where the complaint originated.
Within twenty (20) work days after the end of the academic term (semester/quarter), in which the most recent alleged discriminatory/harassing/retaliatory act occurred, a student/applicant may file a formal discrimination/harassment/retaliation complaint.
Within ten (10) work days of receipt of a formal complaint, an intake interview shall be conducted with the student/applicant.
Within thirty (30) work days of the initial intake interview of a formal complaint, the investigator shall complete his/her investigation, write and submit the investigative report to the campus designated Management Personnel Plan (MPP) employee responsible for the implementation of, and compliance with, Executive Order 1045. The timeline for the investigation shall not be extended pursuant to Article VIII, Sections E or F of Executive Order 1045 for a period longer than an additional forty (40) days.
Within ten (10) work days of the receipt of the investigative report, the campus designated Management Personnel Plan employee shall review the investigative report and notify the student/applicant in writing of the outcome of the campus investigation. If the same Management Personnel Plan employee is the person who investigated the complaint, he/she shall provide the student/applicant with notification of the outcome of the campus investigation within ten (10) work days of completing the report. A separate notification shall be provided to the accused(s), indicating whether or not the allegations at Formal Level I were substantiated.
Within ten (10) work days of receipt of the Formal Level I decision, the student/applicant may file a written appeal with the Office of the Chancellor.
Within thirty (30) work days of receipt of a written appeal to the Office of the Chancellor (CO), the CO designee shall respond to the complainant. A separate notification shall be provided to the accused(s), indicating whether or not the allegations at Formal Level II were substantiated.
The CSU review of a written complaint filed by a student/applicant under this executive order shall end following a final decision by the CO designee.
The timelines noted above may be extended for the following reasons:
If the student/applicant, the accused, a witness, the campus investigator/CO designee, or other necessary person involved in the complaint process is unavailable because of any reason deemed to be legitimate by the campus investigator/CO designee, the timelines in this executive order will be automatically adjusted according to the period of absence. The student/applicant will receive written notification of the period of extension.
Timelines set forth herein may also be extended by mutual agreement. If the student/applicant does not agree or does not respond to the CSU's request for a timeline extension, the CSU will respond to the complaint/appeal within the timelines set forth in this executive order. In that event, the response will be interim in nature as it will be based upon the information available at the time. The interim response will note that the investigation/review is continuing until the CSU is satisfied its duty to respond appropriately to the allegation(s) has been discharged. The interim response should include a summary of the allegations, a description of the investigative/review process, and should also provide the student/applicant with an anticipated date of completion of the investigation/review, whereupon the final response will be issued.