California State University,
Long Beach
Policy Statement
98-09
October 26, 1998
Obsolete Policy
Discrimination, Including Sexual Harassment,
Policy
and Complaint Resolution Procedures
This policy was recommended by the Academic Senate on October 8,
1998 and approved by the President on October 15, 1998.
I. Purpose
The purpose of this document is to articulate the California State
University, Long Beach policy regarding prohibited discrimination,
including sexual harassment, in accordance with federal and state,
California State University, and California State University, Long
Beach, laws, rules, regulations, policies, and guidelines regarding
discrimination, and to set forth a uniform process for the disposition
of complaints alleging prohibited discrimination.
II. CSULB Philosophy Regarding Diversity and Discrimination
The basic reasons for which a university exists are the discovery
and transmission of knowledge, and activities that are founded upon
the free and open exchange of ideas. Such activities flourish only
in a climate unfettered by exploitation, coercion, harassment, intimidation
and/or reprisal.
CSULB admits students of any race, religion, age, color, creed,
gender, handicap, sexual orientation, or national or ethnic origin
to all the rights, privileges, programs, and activities generally
accorded or made available to students at CSULB. CSULB does not
discriminate on the basis of race, religion, age, color, creed,
gender, handicap, sexual orientation, or national or ethnic origin
in the administration of its educational policies, admission policies,
employment policies, or any other programs administered by the University.
In addition to meeting fully its obligations of nondiscrimination
under federal and state law, CSULB is committed to creating a community
in which a diverse population can live, and work, in an atmosphere
of tolerance, civility, and respect for the rights and sensibilities
of each individual, without regard to economic status, ethnic background,
political views, sexual orientation, or other personal characteristics
or beliefs. CSULB Statement on Ethical and Social Rights and Responsibilities.
Approved April 27, 1992
The University recognizes the importance of an ongoing commitment
to help all members of the campus community be aware of what forms
that discrimination might take, including sexual harassment, and
the avenues available to redress complaints.
III. Prohibited Discrimination
A. No student, employee, volunteer, member of the public, nor recipient
of services and/or benefits provided by CSULB shall be subjected
to any form of prohibited discrimination in any CSULB programs or
activities, including but not limited to:
1. All educational, cultural, recreational, and social activities
occurring on the CSULB campus and/or sponsored or assisted by CSULB;
2. Any CSULB academic program or activity;
3. Any CSULB sponsored off-campus programs;
4. Housing supplied or regulated by the University;
5. Employment practices of the University, including, but not limited
to, hiring, training, promotion, demotion, transfer, recruitment,
layoff or termination, rates of pay or other forms of compensation,
any other employment conditions including the work environment;
6. Choice of contractors and suppliers of goods and services;
7. Provision of services and benefits to CSULB students, employees,
volunteers, or the public;
8. Receipt of CSULB services and benefits provided by CSULB contractors
or vendors.
B. Definition of Prohibited Discrimination
1. Prohibited discrimination is discrimination of an individual
or class of individuals, as articulated in State of California,
federal, CSU, and CSULB laws, rules, regulations, guidelines and
orders.
The bases of prohibited discrimination are
*race, *color,
*national origin, *ancestry,
*ethnicity, *gender (including sexual harassment),
*marital status, *sexual orientation (actual or perceived),
*age, *medical condition,
*pregnancy, *military service during the Vietnam era,
*religion,
*physical or mental disability
This policy is meant to reflect all current laws and will be updated
as appropriate.
2. Prohibited discrimination includes discrimination because an
individual has opposed prohibited discrimination, filed a discrimination
complaint, testified, assisted, or participated in any manner in
any proceeding regarding prohibited discrimination, or has attempted
to do so.
3. The University, as well as the law, will tolerate no form of
retaliation against individuals who have exercised the rights stated
in III.B.2.
IV. Sexual Harassment
Sexual harassment is a form of discrimination that is specifically
addressed by legislatures and courts, and is one of the most prevalent
forms of discrimination. Sexual harassment, whether same sex or
cross sex, is discrimination. The law recognizes an obligation on
the part of the University to ensure that sexual harassment does
not take place and, under certain circumstances, may hold the University
responsible for the acts of its employees and students.
A. Definition
Sexual harassment is distinguished from consensual or welcome sexual
relationships by the introduction of the elements of coercion; threat;
unwelcome sexual advances; unwelcome requests for sexual favors;
other unwelcome sexually explicit or suggestive written, verbal,
or visual material; or unwelcome physical conduct of a sexual nature.
Sexual harassment may also occur when behavior creates a hostile,
intimidating, or offensive environment of a sexual nature. Such
behavior is unacceptable and may require the University to take
disciplinary or corrective action. Specifically, sexual harassment
may occur when a person either verbally or physically:
1. Subjects another to unwanted sexual attention;
2. Attempts to coerce another into a sexual relationship;
3. Implies that sexual favors are terms or conditions for participation
in a class or work environment;
4. Implies that sexual favors may be a basis for the assigning
of grades in a course or in any way enter into performance evaluation;
5. Engages in conduct of a sexual nature which has the purpose
or effect of unreasonably interfering with an individual's performance
or creating an intimidating, hostile, or offensive working or learning
environment;
6. Grants or refuses academic or employment opportunities on the
basis of an individual's submission or refusal to submit to sexual
advances or requests for sexual favors; or
7. Punishes or threatens to retaliate against an individual who
has either refused to comply with requests for sexual favors or
complained regarding such conditions.
B. Examples
Specific examples of what may constitute sexual harassment include,
but are not limited to:
1. Subtle pressure for sexual activity, including repeated requests
for outside social contacts if unwanted by the recipient;
2. Unwelcome patting, pinching or hugging;
3. Unwelcome constant brushing against another employee's or student's
body;
4. Unwelcome "friendly" arms around the shoulder; repeated "accidental"
brushes or touches;
5. Deliberate assaults or molestations;
6. Demanding sexual favors accompanied by implied threats concerning
an individual's employment or academic status;
7. Demanding sexual favors accompanied by implied or overt promises
of preferential treatment with regard to an individual's employment
or academic status; or
8. Explicit offers of money or rewards for sex.
These examples of behavior should be used to assist in identifying
offensive behaviors but in no way should be construed as an exhaustive
list of unacceptable acts. In determining whether the alleged conduct
constitutes sexual harassment, consideration should be given to
any past record of similar incidents, to the totality of the circumstances,
including the context in which the alleged incidents occurred, and
to the egregiousness of an individual act.
C. Hostile Environment
Examples of sexual harassment which may create a hostile, offensive,
and intimidating environment include posters, pictures, correspondence
(written or electronic), comments or actions of a sexual nature
sufficiently inappropriate, severe or pervasive as to create a hostile,
intimidating, or offensive academic or employment environment.
D. Special Situations Regarding Sexual Harassment
1. Peers
Sexual harassment may also occur between peers (i.e., persons with
equal power). Unwelcome sexual behavior between peers under this
definition is unacceptable in the University. Recipients of such
unwelcome behavior from a peer, whether students, staff, or faculty,
may either confront the alleged offender directly, pursue the matter
with the appropriate administrator, or pursue sexual harassment
complaints against persons of equal power using the complaint resolution
mechanism described herein.
2. Students
Student harassment of another student is the most frequent form
of student harassment. There also could be student harassment of
faculty and of staff. Recipients of such unwelcome behavior from
a student may either confront the alleged offender directly, pursue
the matter with the appropriate administrator, or pursue sexual
harassment complaints against students using the complaint resolution
mechanism described herein.
3. Consensual Relationships
Voluntary sexual relationships between persons in an unequal power
relationship such as relationships between faculty and subordinate
faculty or staff, between a supervisor and any of those employees
he or she supervises, or between a faculty member or teaching assistant
and a student in the person's class may give rise to legal concerns
as well as ethical concerns or conflict between personal and professional
interests.
Although a relationship with a subordinate may initially be consensual,
it may cease to be welcomed and actions thereafter may result in
a claim of sexual harassment.
There may also be some concern about the response of third party
observers to such relationships. Third parties may complain that
they are being adversely affected in their academic or employment
opportunities. If such adverse effects can be established and are
severe or pervasive, both men and women may file a grievance.
E. Sexual Relationships and Professional Conduct
All members of the campus community have responsibility for maintaining
an open campus atmosphere conducive to the free exchange of ideas.
Inappropriate sexual advances or unnecessary sexual comments undermine
this atmosphere and are unprofessional even though such behavior
may not technically constitute sexual harassment.
Primary responsibility for maintaining high standards of conduct
resides especially with faculty, administrators and supervisors,
since they exercise significant authority and power over others.
If the highest standards of professional conduct are to be maintained,
all responsible members of the campus community should understand
that sexual advances or comments by teachers or supervisors toward
one of their students or employees might constitute unprofessional
conduct and/or an appearance of unequal treatment of individuals.
This may be the case even if such actions may not constitute sexual
harassment. Such unprofessional conduct blurs professional boundaries,
interferes with a climate conducive to the open exchange of ideas
between persons, subverts the normal structure of incentives that
spurs work and learning, and interjects attitudes and pressures
which may undercut the basic reasons for which the University exists.
In such cases, objectivity may be compromised or destroyed and competent
evaluation threatened.
V. Disabled Rights and Responsibilities
A. Federal and state law provide persons with certain types of
disabilities with the right to reasonable accommodation or reasonable
modification, including assistive services, to enable them to be
employed by and/or receive equal benefit of services provided by
the University. Disabled persons should initiate requests for modification
and reasonable accommodation before taking action to initiate a
complaint of discrimination. If an individual is registered with
the California Department of Rehabilitation, he or she may seek
assistance through that agency for an assessment of the resources
available of assistive/adaptive devices and other possible modifications.
B. Students with disabilities who need special assistance or modification
of the University's educational programs and/or activities in order
to receive equal benefit of the University's programs and activities
should direct the request to the person(s) responsible for the delivery
of the service or benefit. If the modification or service offered
is inappropriate or insufficient, the student should seek the assistance
of the Director, Disabled Student Services, to resolve the issue.
If the student feels that the resolution fails to provide appropriate
or sufficient reasonable modification, the student then should access
the complaint process.
C. Employees with disabilities who need reasonable accommodation
in order to carry out the duties of their job should inform their
immediate supervisor. If the employee feels that the resolution
fails to provide appropriate or sufficient reasonable accommodation,
the employee should contact the Office of Equity and Diversity.
D. If the Office of Equity and Diversity does not provide a reasonable,
satisfactory accommodation, the complainant may access the complaint
resolution process.
E. Members of the general public or volunteers with disabilities
who need modification or a reasonable accommodation in the University's
programs and/or activities in order to receive equal benefit of
the University's programs and activities should inform the person
(s) responsible for these programs and/or activities. If the disabled
individual feels that the accommodation or modification offered
is inappropriate or insufficient, the individual should seek the
assistance of the Director, Equity and Diversity, to resolve the
issue. If the disabled person feels that the resolution fails to
provide appropriate or sufficient reasonable accommodation or modification,
the person should then access the complaint process.
VI. Confidentiality
A. Information and Advice
The University is committed to maintaining a safe environment in
which individuals can be unafraid to discuss concerns and make complaints.
A person may seek general information and guidance about discrimination,
especially sexual harassment, in total confidentiality. A discussion
will normally remain confidential, and no action normally will be
taken, when an individual does not disclose any identifying information
about him/herself or any other party(e.g., names, department, or
unit). However, in some situations the University may be legally
obligated to take some action once it is informed that discrimination
may be occurring.
B. Making a Complaint
Once an individual discloses identifying information, he or she
will be considered to have filed a complaint with the University.
The expressed wishes of the complainant regarding confidentiality
will be considered in the context of the University's legal obligation
to act upon the charge and the right of the charged party to obtain
information. While the confidentiality of the information received,
the privacy of the individuals involved, and the wishes of the complainant
regarding action by the University will be respected to as great
a degree as legally possible, they cannot be guaranteed.
VII. Discrimination Complaint Resolution Procedures
A. Introduction
1. Members of the CSULB community have the right to work and learn
in an environment free of unlawful discrimination, including sexual
harassment. An individual who feels that unlawful discrimination
has occurred has a right to request resolution of the situation
using either the informal or the formal complaint resolution procedures
of CSULB. These procedures are designed to resolve complaints in
a timely and responsive manner.
2. The President has appointed Discrimination Contact Persons ("Contact
Persons") and a Discrimination Complaint Resolution Officer* ("DCO")
to serve as a resource for any member of the campus community who
has a discrimination complaint or inquiry of any sort, including
sexual harassment. (See Section VIII.)
3. Resolution procedures shall be implemented with discretion and
sensitivity, giving careful attention to the rights of all parties
to due process and confidentiality. University officials (Contact
Persons, supervisors, administrators, or the DCO) will review each
claim to minimize capricious claims and to uphold the rights of
all parties.
4. Complaints are most effectively addressed at the earliest possible
stage.
5. Discrimination complaints must be filed no later than 180 days
after the alleged offense(s) occurred. The President (or designee)
may extend this deadline, and all other deadlines, upon request
of the DCO and with notification to the affected parties.
6. If the informal complaint procedure fails to resolve a complaint,
the complainant or the DCO may proceed to the formal complaint resolution
process. In this event, the deadline will be deemed to have been
met if the informal procedure was begun within 180 days.
7. The complainant should be prepared to describe the alleged offense(s)
and to tell what remedy is sought.
8. If a complainant cannot complete the complaint form due to language
barrier, physical barrier, or competency/capacity barriers, another
person may complete the complain form. Where there is a language
barrier, a translation/translator shall be provided in the dominant
language of the complainant.
B. Informal Complaint Resolution
1. The complainant of alleged discrimination may begin the informal
complaint resolution process by seeing the appropriate work supervisor,
the chair of an academic department, the dean of a college, the
Employee Relations Director, the Equity and Diversity Director,
or a Student Services Professional.
2. The person receiving the complaint may consult with, or refer
the complainant to, the DCO.
3. Should the complaint not be resolved at this initial level,
or if the complainant chooses not to seek resolution with an individual
in #1, the complainant may go directly to a Contact Person or the
DCO.
4. The Contact Person or DCO will review all complaints received
and will explore alternatives for resolution with the complainant.
The Contact Person or DCO may attempt informal resolution in consultation
with the complainant.
5. Individuals mentioned in B.1. or the Contact Person shall inform
the DCO of the complaint within five (5) working days of initially
receiving the complaint, and consult with the DCO every ten (10)
working days until the complaint is resolved or is forwarded to
the DCO.
6. The Contact Person, after consultation with the DCO, may contact
the alleged offender as a part of seeking informal resolution.
7. If the complaint is being handled by the DCO, he or she may
contact all persons necessary to formulate a meaningful opinion
as to whether the alleged discrimination did or did not occur.
8. A complainant may ask the DCO to begin a formal complaint resolution
process at any time.
9. All parties attempting informal complaint resolution shall forward
to the DCO for review and consideration any complaint which cannot
be informally resolved in a timely manner.
* The President has designated the Director of the Office of Equity
and Diversity as the DCO.
10. Information on the reporting and resolution of alleged discrimination
complaints, whether resolved informally or not, will be reported
to the DCO.
C. Formal Complaint Resolution
1. An allegation of discrimination becomes a formal complaint only
when it is filed in writing with, and using a complaint form furnished
by, the DCO or when the complaint is filed by the DCO.
2. Within five (5) working days of receipt or initiation of a formal
written complaint, the DCO shall furnish to the alleged offender
a copy of the complaint.
3. Within ten (10) working days after receipt of the complaint,
the alleged offender is required to file a response in writing with
the DCO. This response may include identification of witnesses and
other evidence for consideration in connection with any investigation.
A copy of this reply shall be sent to the complainant. The failure
of the alleged offender to respond within the time limit prescribed
shall not preclude the DCO from proceeding with the investigation.
4. If resolution is reached as a result of this exchange of complaint
and response, the DCO shall commit the resolution to writing with
a copy provided to the complainant, the alleged offender, and the
DCO's confidential file.
5. If resolution is not reached as a result of this exchange of
complaint and response, the DCO will formulate an investigation
plan for review by an advisory committee (see VIII.C. "Advisory
Committee").
6. Within ten (10) working days after receipt of the alleged offender's
response, the advisory committee shall be convened.
7. Upon approval of the investigation plan by the advisory committee,
the DCO may investigate the circumstances of the alleged offense
to the extent necessary to determine whether the allegations contained
in the complaint might constitute a violation of the discrimination
policy. The DCO may interview anyone deemed necessary to fully investigate
the complaint.
8. Although the DCO may seek the advice and assistance of the CSU
Office of General Counsel in conducting the investigation, the investigation
will normally be conducted by the DCO.
9. The investigation shall be completed within thirty (30) working
days after the advisory committee approves the investigation plan.
10. Upon demonstration of good cause, the DCO may request waiver
of the time limits of this section, subject to the approval of the
President and notification of the affected parties.
D. Report of Findings
1. Within five (5) working days after the end of the investigation,
the DCO will prepare a written report which includes a determination
that the complaint should be dismissed or that a prima facie violation
of the discrimination policy exists.
2. If the case is dismissed, written notice of that decision is
sent to the complainant, the alleged offender, and the DCO's confidential
investigation file.
3. If a prima facie violation is found, the DCO's report will be
forwarded to the appropriate division executive, with a copy to
the DCO's confidential investigation file.
a. If the alleged offender is a member of the faculty, staff, or
administration, the DCO shall refer the case for further review
by the appropriate division executive. The division executive, in
consultation with the President, shall review the DCO's report and
determine what disciplinary action, if any, will be taken.
b. If the alleged offender is a student, the DCO shall refer the
case to the Vice President for Student Services who shall determine
appropriate student disciplinary action in accordance with the procedures
established for student discipline.
c. In any of the above instances, the division executive shall
accept the findings of the DCO to be the findings of fact regarding
the alleged violation being reviewed.
4. Within five (5) working days of the end of the investigation,
the DCO will inform the complainant and alleged offender of the
finding and that the report has been forwarded.
E. Report of Action Taken
1. Within twenty (20) working days after receipt of the report
of the investigation, the division executive will report to the
DCO the resulting action taken, or to be taken.
2. Within five (5) working days after receiving notification of
the resulting action, the DCO shall notify the complainant of the
relevant portions of the action that can be legally disclosed.
VIII. Responsibilities for Policy Implementation
A. Discrimination Contact Persons
1. The President shall designate several members of the faculty
and staff as Discrimination Contact Persons (hereafter, "Contact
Persons").
A list of Contact Persons will be made available to the campus
community through various publications, including the Schedule of
Classes.
2. Contact Persons are available to serve as a resource to any
member of the campus community who has a discrimination complaint
or inquiry.
3. The Contact Persons' functions include the following:
a. Provide information about discrimination, applicable laws, and
confidentiality requirements;
b. Inform the complainant regarding applicable University policies
and procedures and outline various options, both informal and formal,
available for resolving the complaint. This information will include
various strategies which the complainant may use if she or he wishes
to attempt resolution individually (confronting the alleged offender,
writing a letter to the alleged offender, third party intervention,
etc).
c. Provide information regarding resolution mechanisms available
outside the University.
d. If the complainant desires University assistance with the complaint,
seek informal resolution of the issue.
e. The Contact Person, after consultation with the DCO, may contact
the alleged offender as a part of seeking informal resolution.
f. Inform the DCO of the complaint within five (5) working days
of initially receiving the complaint, and consult with the DCO every
ten (10) working days until the complaint is resolved or is forwarded
to the DCO.
g. Forward to the DCO for review and consideration any complaint
which cannot be informally resolved in a timely manner.
h. Maintain notes necessary for handling active complaints.
i. Log for statistical purposes information of the number, location,
nature, and the resolution of complaints, whether resolved informally
or not, and forward each semester to the DCO.
B. Discrimination Complaint Resolution Officer
1. The Discrimination Complaint Resolution Officer (DCO) will be
appointed by the President to receive discrimination complaints.
2. The DCO will review the verbal or written complaint and will
explore alternatives for resolution with the complainant.
3. The DCO may attempt either, or both, informal and formal resolution,
and in the course of that attempt, may contact all persons necessary
to formulate a meaningful opinion as to whether the alleged discrimination
did or did not occur.
4. The DCO will follow the procedures and timelines identified
in VII.C. for a formal complaint resolution.
5. The University recognizes that it must balance the right of
privacy of a complainant and the right of the alleged offender to
be notified of any allegation. As a rule, the DCO will not contact
an alleged offender without the permission of the complainant. However,
the DCO has the discretion to determine when the situation warrants
notification of an alleged offender.
6. The DCO has the authority to file a formal complaint whenever
the circumstances warrant further action on the part of the University.
This would include cases where several complainants allege offensive
conduct by the same individual, or where there is sufficient basis
to determine that repeated actions, while informally resolved, might
constitute a pattern of discrimination, including sexual harassment.
C. Advisory Committee
1. An advisory committee for the DCO shall be established at the
outset of each formal investigation.
2. Membership:
a. The advisory committee will normally consist of three persons
drawn from a pool of individuals named annually.
b. The pool will be composed of three students appointed by Associated
Students, Inc. (at least one of whom will be a graduate student),
three staff members nominated by the Staff Council and appointed
by the President, and seven faculty members (at least one of whom
shall be a lecturer) appointed by the Academic Senate.
c. Whenever possible, the advisory committee for each case will
be constituted by the DCO to reflect the constituency of the complainant(s)
and alleged offender. The maximum number representing any constituency
will normally be two.
d. No one may serve on an advisory committee if there is an apparent
conflict of interest.
3. The panel will be trained by the DCO.
4. The function of the advisory committee will be to hear the broad
outlines of the alleged offense and to advise the DCO on the conduct
of the investigation.
5. In presenting the proposed investigation plan, the DCO shall
not provide any information that might reasonably provide the basis
for identifying the complainant or the alleged offender.
6. All work of the committee shall be confidential.
IX. Reprisals or Retaliation
Reprisals or retaliation against an individual for making a complaint
of prohibited discrimination, for using or participating in the
informal complaint resolution process or formal complaint resolution
process, is a violation of the law and of University policy. Anyone
found to have engaged in retaliatory acts will be subject to, but
not limited to, disciplinary action up to and including dismissal.
X. Record-Keeping and Reporting
A. The DCO will maintain records and notes necessary for handling
active complaints.
B. Information on the number, location, nature, and the resolution
of complaints, whether resolved informally or not, will be logged
for statistical purposes. Based upon this information, the DCO will
provide an annual report to the campus community.
C. With the exception of records of disciplinary actions, which
shall become a part of the offender's personnel and/or student file,
all investigative records for complaints that have been resolved
shall be maintained only within the DCO's confidential investigation
file.
XI. External Resources
A. Individuals always retain the right to seek resolution of discrimination
complaints outside the University. External complaints are those
which are filed with a court or state or federal agency.
B. The DCO can assist in identifying appropriate agencies available
to provide information regarding procedures for external resolution.
External agency resources include the federal Equal Employment Opportunity
Commission and the Office for Civil Rights, and the state Department
of Fair Employment and Housing.
EFFECTIVE: Immediately
If any provision of this policy is in conflict with a provision
of a Collective Bargaining Agreement, the terms of the Collective
Bargaining Agreement shall supercede the provision of the policy
in conflict with regard to those bargaining unit members covered
by the Collective Bargaining Agreement.
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