CALIFORNIA STATE UNIVERSITY, NORTHRIDGE PROCEDURES FOR REPORTING AND RESOLVING INCIDENTS OF DISCRIMINATION AND HARASSMENT

A. PRESIDENTIAL ADVISORY BOARD ON NONDISCRIMINATION AND AFFIRMATIVE ACTION

• 1) coordinating the education of the campus community through programs designed to prevent incidents of racial and other forms of discrimination and harassment through forums, speakers, debates, and other cultural activities;
• 2) serving as a clearinghouse for information concerning acts of racial and other forms of discrimination and harassment by issuing reports on the campus environment;
• 3) monitoring procedures addressing issues of racial and other forms of discrimination and harassment on campus and making recommendations for improvement as needed. The Board shall evaluate the effectiveness of these procedures and make recommendations for improvement to the President one year after its establishment. Thereafter, it shall evaluate the effectiveness of the procedures as needed but at least every three years and shall make recommendations for improvement to the President;
• 4) establishing standing committees of the Board as appropriate to address specific kinds of discrimination and harassment and monitoring the effectiveness of these committees. (The members of any Committee established by the Presidential Advisory Board on Nondiscrimination and Affirmative Action shall not only be sensitive to the issues of the group(s) concerned but should represent these groups. For example, the departments of Pan-African Studies, Chicano/a Studies, and Asian-American Studies should all be asked to nominate members to serve on the Committee.)

B. STATEMENT OF COMMITMENT

All students, faculty, and staff should be aware that California State University, Northridge condemns and will take action to eliminate racial and other forms of discrimination and harassment. Racial and other forms of discrimination and harassment are conduct that may be subject to disciplinary action.

All members of the University community are encouraged to speak out against racial, religious, sexual, ethnic, and other types of bigotry and intolerance. Standing up for one's rights and the rights of others is basic to a just society and a classic example of how to condemn unacceptable behavior while affirming the importance of freedom of expression.

If an employee of the University becomes aware of an incident of racial or other forms of discrimination or harassment, legally the University may be deemed to have knowledge of the incident. Every manager, administrator, and supervisor has the responsibility to report allegations of discrimination and harassment. Other employees are strongly encouraged to advise the person who is making the allegation (the complainant) to report it to a member of the Committee to Receive Allegations of Discrimination and Harassment. If the complainant is unwilling to report the incident, the person who has heard the complaint is encouraged to contact a member of the Committee about the complaint.

Any member of the University community who hears allegations of racial or other forms of discrimination and harassment must respect the privacy of both the complainant and the subject of the complaint.

C. DEFINITION

Racial and other forms of discrimination and harassment are defined as conduct based on race, religion, color, disability, sex, sexual orientation, national origin, ancestry, or age that has the intent or effect of unreasonably interfering with an individual's education or work performance or creates an intimidating, hostile, or offensive environment. Such conduct is covered by this policy if it:

• 1) creates an environment which interferes with an open educational process;
• 2) threatens the ability to secure, continue, or advance in employment; or
• 3) impedes full participation in the extracurricular activities of the institution.

D. EXAMPLES OF RACIAL AND OTHER FORMS OF DISCRIMINATION AND HARASSMENT

• 1) actions based upon race, religion, color, disability, sex, sexual orientation, national origin, ancestry, or age which are intended to or have the effect of controlling, or influencing an individual's career, academic status, learning environment, and/or work environment;
• 2) actions which are derogatory, humiliating, or stigmatizing based upon race, religion, color, disability, sex, sexual orientation, national origin, ancestry, or age;
• 3) reprisals, threats of reprisals, or implied threats of reprisal following a complaint of racial and other forms of discrimination and harassment.

  Whether a specific act violates the policy will be determined on a case-by-case basis with proper regard for all circumstances. The relevant particularized characteristics and circumstances of those making the allegation must be taken into account in determining whether the policy has been violated. A hostile environment exists when the alleged conduct would have adversely affected a reasonable person of the same age, sex, race or other similar background under similar circumstances. Due consideration will be given to the protection of individual rights, freedom of speech, religious and moral convictions, and academic freedom.

  E. SCOPE OF PROCEDURES

  Racial and other forms of discrimination and harassment are prohibited by federal and state law. Formal procedures provide avenues of formal due process outlined in collective bargaining agreements, executive orders, or the Student Grievance Procedures, as described below. These procedures are informal procedures to resolve incidents of racial and other forms of discrimination and harassment between individuals or groups and are not intended to replace existing formal procedures.

  Members of the University community are encouraged to utilize these procedures to alleviate tensions and misunderstandings which inhibit the climate needed to learn and work across our diverse cultures.

  Any student, faculty, or staff member may avail themselves of these procedures, except as otherwise provided for under an agreement between a bargaining unit and the University.

  Student Use of Procedures

  Students should note that the Discrimination Grievance Procedures for Students requires a student who wishes to file a formal complaint to do so within 180 days of the date the student knew or should have known of the event that gives rise to the complaint. Students may use the informal procedures referred to in these procedures and/or the Discrimination Grievance Procedures for Students.

  Applicability to Employees in Units 2, 5, 7 and 9

  Employees in Units 2 (Health Care Support), 5 (Operations Support), 7 (Clerical/Administrative Support Services), and 9 (Technical Support Services) should note that the Agreement between the Board of Trustees and the California State Employees' Association calls for a Level 1 - Informal complaint to be presented "no later than 21 days after the event giving rise to the potential complaint" (sections 8.6 and 8.13). The Agreement also provides that the time limits "may be extended by mutual agreement" (section 8.25). It is important for an employee in Units 2, 5, 7, and 9 to understand that the Level 1 - Informal complaint referred to in the Agreement is not a complaint filed under the informal procedures referred to in these procedures. An employee may use only one informal procedure. An employee may use either these informal procedures or the informal complaint procedure in the bargaining agreement.

  Applicability to Employees in Unit 4

  Employees in Bargaining Unit 4 (Academic Support) should note that the Agreement between the Board of Trustees and the Academic Professionals of California contains a Reconsideration Procedure (Article 5) and that most of the considerations discussed above apply to this procedure as well.

  Applicability to Employees in Unit 3

  Employees in Bargaining Unit 3 (Faculty) should note that the Agreement between the Board of Trustees and the California Faculty Association calls for a Level 1 - Grievance to be filed within 42 days of the event, if that matter does not involve faculty status, and within 21 days of the event if it involves faculty status.

  Applicability to Employees in Units 1, 6, and 8

  Other employees (including employees in Bargaining Unit 1 (Physicians and Dentists), Bargaining Unit 6 (Skilled Crafts), and Bargaining Unit 8 (Public Safety) are governed by Executive Order No. 419 which states that a Level 1- Formal complaint must be filed "no later than 42 days after the employee knew or reasonably should have known of the event giving rise to the complaint" (Section VI.A). Time limits "may be extended by mutual agreement" (Section IX.C.(2)).

  In all cases, the time limits for filing a formal action shall be extended until the informal process has been completed. The unexpired time remaining to file a formal action shall then begin to run.

  Any reprisal against anyone who uses these procedures is a violation of University Policy and could result in disciplinary action.

  F. REPORTING INCIDENTS OF RACIAL AND OTHER FORMS OF DISCRIMINATION AND HARASSMENT

  Students, faculty, staff, and members of the community may report incidents of racial and other forms of discrimination and harassment to the following individuals:
  • 1) any member of the Presidential Advisory Board on Nondiscrimination and Affirmative Action;
  • 2) any member of the Committee to Receive Allegations of Discrimination and Harassment; or
  • 3) any administrator, manager, or supervisor; or
  • 4) the Director of Affirmative Action Programs.

  G. COMMITTEE TO RECEIVE ALLEGATIONS OF DISCRIMINATION AND HARASSMENT

  The Committee to Receive Allegations of Discrimination and Harassment is a standing subcommittee of the Presidential Advisory Board on Nondiscrimination and Affirmative Action. The Committee is the appropriate body on campus to hear allegations of racial and other forms of discrimination and harassment. (Employees in Units 2, 5, 7, and 9 may prefer to use the Complaint Procedure in their Agreement. Employees in Unit 3 may prefer to use the Grievance Procedure in their Agreement. Employees in Unit 4 may prefer to use the Reconsideration Procedure in their Agreement. Students may prefer to use the Student Discrimination Procedure.) The Committee will emphasize informal methods for resolving allegations; it will also rely on confidentiality, discreet inquiry, persuasion, and trust in dealing with complaints. Full co-operation with the Committee is expected of the University community.

  The Committee to Receive Allegations of Discrimination and Harassment will be composed of the Director of the Office of Affirmative Action Programs (who will serve as Executive Secretary of the Committee) and nine members appointed by the President as follows: four tenured faculty members, three counselors, one staff employee, and one student. The Committee will elect its own chair. The nine appointed members will serve staggered three-year terms, except for the student, who will serve a one-year term. All members of the Committee will serve on the Panel of Facilitators and Advocates. Members of the Committee may be reappointed. The President of the Faculty, the Director of the Counseling Center, the Director of the Office of Human Resource Services, and the President of the Associated Students Senate will each submit nominations to the Chair of the Presidential Advisory Board on Nondiscrimination and Affirmative Action. Each person involved in nominating the members should consider the need for the Committee to reflect the sexual, ethnic, and cultural diversity of the campus.

  H. INFORMAL PROCEDURES

  When a member of the Committee to Receive Allegations of Discrimination and Harassment initially hears a complaint, the complainant will be given a copy of these procedures along with an explanation of all available options. The complainant will be informed that the University is committed to creating an environment free from racial and other forms of discrimination and harassment and therefore may need to proceed to assess the complaint even if the complainant decides at some point not to pursue it further. Only those committee members whose professional licenses require it will observe strict professional-client confidentiality as provided for by law and professional ethics (such as Clinical Psychologists in the Counseling Center).

  After a complaint is received by a member of the Committee to Receive Allegations of Discrimination and Harassment, the recipient of the complaint will refer the matter to the Director of OAAP. The Director Of OAAP shall immediately inform the President in writing that a complaint has been received. A copy of this notification shall be sent to the subject of the complaint, along with an explanation of the options and consequences that may follow. Such written notification shall contain a description of the allegation but shall not identify the name or department of the complainant or subject of the complaint. If the President determines that the allegation is not appropriate for resolution through this informal procedure, the President shall so advise the Director of OAAP within ten working days of being informed. The Director of OAAP shall forward to the President the summary of the complaint made by the Committee member who conducted the original interview.

  Unless advised by the President not to proceed because the allegation is not appropriate for resolution through this informal procedure, the Director of OAAP, together with two Facilitators appointed by the Director of OAAP, shall form the Initial Assessment Team. Ordinarily, the recipient of the complaint will be on the Initial Assessment Team, except that student Facilitators are ineligible. The Initial Assessment Team will determine:

  • 1) if the complainant has University status;
  • 2) if the alleged conduct constitutes racial or other prohibited discrimination or harassment;
  • 3) if the resolution of the alleged conduct is appropriate for this informal procedure;
  • 4) if the complaint is timely.The normal standard for timeliness is that a complaint be received by the end of the semester after the semester in which the alleged events occurred. Complainants should recognize that as time goes by an assessment becomes more difficult. Employees and students should note the time limits for filing a formal action referred to in Section E.

  If the Initial Assessment Team determines that a timely complaint of racial or other discrimination and harassment has been received from a member of the University community and that it is appropriate for resolution through this informal procedure, the Team will:

  • 1) encourage the complainant to submit a written statement of the allegations, including all the relevant details and the remedy he/she feels is appropriate;
  • 2) inform the subject of the complaint of the allegations, the remedy desired by the complainant, and his/her right to submit a written response to the allegations;
  • 3) attempt to facilitate a resolution between the complainant and the subject of the complaint;
  • 4) if necessary, interview witnesses and other concerned parties;
  • 5) recommend to both parties measures to resolve the complaint.

  At the end of its assessment, if the Initial Assessment Team finds the complaint to be without any merit, it will so inform the complainant, the subject of the complaint, and the President.

  At the end of its assessment, if the Initial Assessment Team finds the complaint to have merit, they shall prepare a resolution to be signed by the complainant, the subject of the complaint, and a representative of the University. If the resolution is found to be reasonable and acceptable to both the complainant and the subject of the complaint, the resolution shall be given to the complainant, the subject of the complaint and the President (without identification of individuals). If there is no resolution, the President shall be notified that the attempt to find a resolution was unsuccessful (without identification of individuals).

  If, in the judgment of the Initial Assessment Team, a violation of University policy has occurred and no appropriate resolution has been reached, the Team shall so inform the President with or without a recommendation for appropriate action. Such action could include disciplinary action. If the Initial Assessment Team recommends appropriate action be taken, the Team shall identify the name of the subject of the complaint. If in the judgment of the complainant, no appropriate resolution is achieved, the complainant may choose to follow appropriate formal procedures. If a formal hearing is scheduled and if the complainant has no representative with whom to attend the hearing, the Initial Assessment Team may request that the Chair of the Panel of Facilitators appoint an Advocate who has not been involved in the complaint to assist the complainant.

  There shall be resolution of a complaint (if resolution is possible) within 45 academic year calendar days of the filing of the complaint unless this time limit is extended by mutual agreement of the complainant and the Team. The subject of the complaint shall be notified of such an extension.

  Records

  No record of a complaint which is found to be without merit will be kept although the allegation will be included in statistical reports. If the complaint is found to have merit, a record of all documents pertaining to the complaint shall be kept in the Office of Affirmative Action Programs for four years. At the end of four years the contents of this record, including the resolution if one has been reached, the President's copy (including the original notification), and all documents pertaining to the complaint shall be destroyed. If during these four years a new complaint is received, which an Initial Assessment Team finds has merit, against the same individual or if the subject of the complaint has failed to comply with the terms of an resolution, the four year period will begin again. The record will be available to appropriate University officials only during a formal action.

  I. FORMAL PROCEDURES

  A complainant will be informed of the appropriate formal procedures available. The Facilitators should emphasize resolution through informal means. A member of the University community has the right, however, to file a formal action at any time within the time limits imposed by the formal procedures. Different procedures apply to:
  • 1) Students - Discrimination Grievance Procedures for Students;
  • 2) Employees in Bargaining Units 2 (Health Care Support), 5 (Operations Support), 7 (Clerical/Administrative Support Services), and 9 (Technical Support Services) - Employee Complaint Form and Article 8 - Complaint Procedure of the Bargaining Agreement;
  • 3) Employees in Bargaining Unit 3 (Faculty) - Employee Complaint Form and Article 10 - Complaint Procedure of the Bargaining Agreement;
  • 4) Employees in Bargaining Unit 4 (Academic Support) - Reconsideration Procedure Form and Article 5 - Reconsideration Procedure of the Bargaining Agreement;
  • 5) Other Employees (including employees in Bargaining Unit 1 (Physicians and Dentists), Bargaining Unit 6 (Skilled Crafts), and Bargaining Unit 8 (Public Safety)) - Executive Order No. 419 - Systemwide Grievance Procedures - Discrimination Complaints for Employees not Covered by Existing Regulation.

  Employees in Units 2, 5, 7, and 9 who wish to file a formal complaint, employees in Unit 3 who wish to file a grievance, and employees in Unit 4 who wish to file a request for reconsideration may contact a union representative (the Office of Human Resource Services can assist inlocating an appropriate representative). Students and other employees should contact the Office of Affirmative Action Programs.

  J. PANEL OF FACILITATORS AND ADVOCATES

  A panel of Facilitators and Advocates who possess human relations skills and sensitivity to the issues of racial and other forms of discrimination and harassment shall be established. These Facilitators and Advocates shall be appointed by the President. Faculty, staff, students, retired faculty and staff, and community members shall all be eligible to serve as Facilitators and Advocates. The Facilitators and Advocates shall serve until replaced by the President. The Chairs of the Committee to Receive Allegations of Sexual Harassment and the Committee to Receive Allegations of Discrimination and Harassment shall rotate service as Chair of the Panel of Facilitators and Advocates on an annual basis.

  Facilitators on the Panel of Facilitators and Advocates are the appropriate individuals on campus to hear and resolve allegations of racial and other forms of discrimination and harassment. (Employees in Units 2, 5, 7, and 9 may prefer to use the Complaint Procedure of their Agreement. Employees in Unit 3 may prefer to use the Grievance Procedure of their Agreement. Employees in Unit 4 may prefer to use the Reconsideration Procedure in their Agreement.) The Facilitators will emphasize reaching an agreement through informal means; they will rely on confidentiality, discreet inquiry, persuasion, and trust in resolving complaints. Full cooperation with the Facilitators is expected of the University community.

  Advocates on the panel of Facilitators and Advocates are the appropriate individuals on campus to assist students and employees with formal complaints. The Advocates will, at all times, represent the best interest of the student or employee. Full cooperation with the Advocates is expected of the University community.

  The Presidential Advisory Board on Nondiscrimination and Affirmative Action shall develop criteria for service as a Facilitator or Advocate, solicit recommendations for Facilitators and Advocates, and recommend individuals to the President to serve as Facilitators and Advocates. In selecting Facilitators and Advocates, the Board should consider the need for the Facilitators and Advocates to reflect the racial, sexual, ethnic, disability, and cultural diversity of the campus. The panel of individuals shall have been trained in conflict resolution and issues of discrimination, harassment, and diversity.

  The responsibilities of the Facilitators include the following:

  • 1) to handle discreetly any complaint in a manner consistent with these procedures;
  • 2) to encourage the campus community to view the Facilitators as the appropriate body to hear allegations of racial and other forms of discrimination and harassment;
  • 3) to limit information of a confidential nature to those persons who have a need to be informed.

  Approved by:

  
  President Blenda Wilson
  
  September 1, 1995