CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO

PROCEDURE FOR A DISCRIMINATION COMPLAINT
BY A STUDENT

APPROVED BY ADMINISTRATIVE COUNCIL:     June 1, 1978

REVISION #1 APPROVED BY ADMINISTRATIVE COUNCIL:   September 14, 1992

REVISION #2:
    RECOMMENDED BY ADMINISTRATIVE COUNCIL:   September 27, 1999
    APPROVED BY PRESIDENT KARNIG:    November 5, 1999

RESPONSIBLE DEPARTMENT:  Office of the Vice President for Student Affairs, 909/880-5185

Background

This policy replaces part of the previous Student Non-Academic Grievance Policy and Procedures of 1978 and 1992.

Purpose of the Procedure

This procedure is designed to provide a student with an opportunity to complain about alleged discrimination by faculty or staff.  California State University, San Bernardino prohibits discrimination on the bases of race, color, national origin, sex, disability, sexual orientation, age, marital status, or religion.  The University's statement on non-discrimination is printed in the Catalog of Programs.

Assistance in Complaint Resolution

The University wants the opportunity to attempt to resolve all complaints through open communication and understanding.  Staff members in the Office of the Vice President for Student Affairs, University Hall (UH) room 231, will advise students on complaint resolution.  Students are encouraged to use these resources.

Eligibility to File a Complaint

A student enrolled in the University is eligible to file a complaint, as well as any person who, although not a student at the time of the filing, was a student within forty (40) calendar days prior to the date on which he/she formally began the complaint.  A student may not be represented by an attorney in the complaint process.

Description of a Discrimination Complaint

A discrimination complaint is a complaint by a student about an alleged action or practice based on discrimination done by an employee.  A complaint is filed against the University, with the employee acting as the respondent to the allegations.  Any action or practice can be complained about at the informal level, that is, through direct discussion with the relevant employee.

Throughout the steps of the complaint process, the burden of proof will be on the student to prove the allegations and the complaint may be denied because of a lack of sufficient evidence.  A simple allegation or unsubstantiated assertion is an insufficient basis for lodging a formal complaint.  Students must support their allegations with evidence compelling enough to give the Discrimination Complaint Hearing Committee reason to hold a formal hearing.

This complaint process cannot be used to contest an instructor's evaluation of academic performance; academic probation, disqualification or other academic decision by a department or college; discrimination within an academic decision; university student conduct action; academic dishonesty allegations; allegations of unprofessional conduct by faculty or staff; sexual harassment; parking citations; debt to the University; non-academic grievances; or contents of materials contained in a student's University records.  Separate procedures exist for these matters; please consult with the Office of the Vice President for Student Affairs, UH room 231.  Alleged actions or practices of the University which are the result of CSU systemwide requirements, for example fees, cannot be formally challenged.  Only one Discrimination Complaint or one Non-Academic Grievance or one Academic Grievance may be filed on each set of facts or each incident, as determined by the University.

Timeline for Filing a Complaint

A student should attempt to resolve a complaint as soon as the problem is known.   A formal procedure must begin no later than forty (40) calendar days after the date the student learned or reasonably should have learned of the event.

A formal procedure must be initiated by the student between October 1 and May 31.   During the intervening time, no timelines will be violated.  If a complaint occurs in the summer, it may be initiated the following fall term.

Designee for Employee in the Complaint Process

Since the complaint is made against an employee of the University, the University may determine if the employee may have a designee to act for him/her throughout the process.

Attempt at Resolution

It is recommended that a student attempt to resolve the situation with the person responsible through direct discussion as soon as the alleged discrimination is observed or experienced.  The best results occur from open communication and understanding.

It is advisable that the student schedule a meeting with the employee and bring any support materials.  If the student wishes to bring an advisor, the employee may have an advisor.  An advisor shall be a CSUSB student, faculty member, staff member or administrator.  If neither the student nor the employee wants to have direct discussion, the next step is to begin the informal complaint procedure.

Informal Procedure

Writing the Complaint

To begin the informal or formal procedure, the student completes the attached Discrimination Complaint Form.  The student delivers two completed copies of the front page and attachments to the Office of the Vice President for Student Affairs, UH room 231.  The office signs and dates both copies, and returns one copy to the student.

Informal Complaint Process

After the student delivers the completed copy of the front page and attachments to the Vice President for Student Affairs, the informal complaint process begins.

Step 1:

The student must seek redress directly from the employee who did the alleged discriminatory action or practice.  Following discussion, the employee shall complete the employee's section of the Discrimination Complaint Form in duplicate and note the conclusion reached.  One copy must be returned to the student and one copy to the Office of the Vice President for Student Affairs.  This process shall be completed within fourteen (14) working days after the complaint procedures have been initiated (i.e., within fourteen working days after the cover sheet has been date-stamped).

Step 2:

If the complaint still is unresolved, the student next may seek redress through a meeting with the employee, his/her supervisor and the next level supervisor (or designee).   The student must request the meeting within seven (7) working days from the date the process under Step 1 above is concluded.  The meeting shall be convened by the next level supervisor or designee as soon as possible, but within no more than twenty (20) working days.  The next level supervisor shall note the conclusion reached on the Discrimination Complaint Form, give a copy to the student, and give a copy to the Office of the Vice President for Student Affairs.

In these preliminary and informal meetings only the involved parties and an advisor for each, if any, are present.  An advisor shall be a CSUSB student, faculty member, staff member or administrator.  Every effort should be made to settle the disagreement informally.

Formal Procedure

Formal Complaint Process

If dissatisfied with the outcome of the informal process above, the student may initiate University-level appeal procedures by completing the "Request to Begin Formal Complaint Process" on the Discrimination Complaint Form and submitting it to the Office of the Vice President for Student Affairs.  The student must make the irrevocable choice between convening a Hearing Committee (described below) or making an in-person appeal through each administrative level up to the relevant Vice President.   The request must be filed within fifteen (15) working days (excluding time between terms) following completion of the informal process.

Step 1:

Upon receiving the completed form, the Office of the Vice President for Student Affairs, or designee, shall determine whether or not the procedures at the informal level have taken place.  If all efforts to resolve the matter without a hearing have been completed, the Vice President for Student Affairs or designee shall initiate selection of a Hearing Committee, if that is the student's choice.

There shall be a standing Discrimination Complaint Panel of twenty-five (25) members:   five (5) tenured faculty (one from each College), five (5) undergraduate students, five (5) graduate students, five (5) staff and five (5) administrators.

1. The five tenured faculty members shall be appointed by the Faculty Senate through its established procedures and will serve staggered two-year terms.  The two-year terms of office for faculty members shall begin and end in the same time frame established for Faculty Senate committees.
   
   
2. The five staff and five administrators shall be selected by the President and/or Vice Presidents' Council and will serve staggered two-year terms.
   
   
3. The five undergraduate students shall be appointed to one-year terms by the Board of Directors of the Associated Students through its established procedures.  To be eligible to serve, the students must meet the minimum academic qualification standards for student office holders.
   
   
4. The five graduate students shall be appointed to one-year terms by the Board of Directors of the Associated Students through its established procedures.  To be eligible to serve the students must be classified graduate students, conditionally classified graduate students or classified post-baccalaureate students and must meet the minimum academic qualification standards for student office holders.
   
   
5. Terms of office for student members shall begin on October 1 and end on September 30, or upon completion of any hearing in progress as of that date.
   
   
6. In the event a member is unable to complete the term of office, a replacement shall be appointed to complete the unexpired term, following the original appointment procedures.

Step 2:

The Vice President for Student Affairs or designee shall meet with the student who is appealing and with the employee.  The student and the employee separately shall rank names from the roster of the Panel.  The names of one (1) faculty, two (2) students, one (1) staff, and one (1) administrator having the highest ranking score will comprise the Discrimination Complaint Hearing Committee.  The five (5) names shall constitute the members of the Hearing Committee and there shall be no further challenges.

If the student appealing is an undergraduate, the name of the graduate students shall be deleted from the roster of the Panel.  If the student appealing is a post-baccalaureate student, the names of the undergraduate students automatically shall be deleted from the roster of the Panel.

If the student who is appealing chooses not to sign the release of information section of the Discrimination Complaint Form, the Hearing Committee shall have no student members and the size of the Committee shall be reduced accordingly.

If the employee is no longer employed or unavailable, the employee's supervisor shall represent the decision of the employee throughout these procedures.

Step 3:

The Vice President for Student Affairs or designee shall appoint one of the University employees selected to serve on the Hearing Committee as convener of the Committee.   The names of the other members of the Committee and the Discrimination Complaint Form shall be forwarded to the convener.

Step 4:

The University employee designated to do so shall convene the Committee within fifteen (15) working days of receipt of the complaint.  The Committee then shall select its own Chair from among the University employees on the Committee.  It should be noted that students and faculty members on the Hearing Panel are not available during the summer.

Step 5:

Deliberating in private, and based solely upon review of the Discrimination Complaint Form, the Hearing Committee shall determine whether or not to approve the request for a hearing.

1. In order to approve the request for a hearing, the material submitted by the student must persuade the Committee that a hearing is warranted.  The Committee shall be guided by the CSUSB policy that the decision of the employee is presumed to be correct and proper unless the student, upon whom the burden of proof falls, is able to demonstrate otherwise by the material and documentation he/she has submitted.  Mere protestations or unsubstantiated assertions that an action or practice is discriminatory shall not be persuasive.
   
   
2. If the request is denied, the complaint shall be terminated and the Chair of the Hearing Committee shall so notify the student, the employee, and the Vice President for Student Affairs.  The records shall be deposited and retained by the Office of the Vice President for Student Affairs or designee.
   
   
3. If the request for a hearing is approved, the Committee shall schedule the hearing at the earliest possible date.  The Chair shall notify the student and the employee of the date, time and place of the hearing.

Step 6:

The hearing shall be conducted in accordance with the following guidelines:

1. The hearing shall be closed and only the following persons may be present:

a)    The members of the Hearing Committee, and

b)    The student who is appealing and a non-legal representative if any (Disabled students having a visual, auditory, or communication disability verified by the Office of Services to Students with Disabilities may have a reader\interpreter present to assist the student; such an assistant must limit his/her participation to the function of a reader\interpreter) and

c)    The employee or designee, and a non-legal representative if any, and

d)    Witnesses, while presenting evidence.

2. A recording of the Hearing shall not be made unless requested by either party.
   
   
3. Any document received into evidence shall be preserved and shall be attached to the report form of the Committee.  Both the student and the employee or designee shall have the opportunity to have a reasonable opportunity to challenge or to rebut the evidence.  At the discretion of the Committee, copies may be given to either party.
   
   
4. All persons present at the hearing shall be advised by the Chair that the proceedings are confidential, that all evidence submitted is required to be accurate and truthful, that all parties present are required to comport themselves in an orderly fashion, and that any violations of these requirements may be cause for University disciplinary action.   Witnesses will be advised as to these requirements before presenting testimony.
   
   
5. The proceedings will not be bound by formal rules of evidence nor trial-like procedures.   Rather, the procedures will be those upon which reasonable persons customarily would rely in the conduct of serious affairs.

a)    The Chair shall rule upon all procedural issues.

b)    If procedural issues arise which require external assistance, the Chair may delay or recess the proceedings pending submission of the issue to the Vice President for Student Affairs or designee.  The decision of the Vice President for Student Affairs shall be final.

6. Evidence or testimony shall be limited to that which is relevant to the issue(s).    Irrelevant or unduly repetitious evidence or testimony may be ruled out of order.
   
   
7. The burden of proof to sustain a complaint rests with the student, and the student first will present his/her case.

a)    If the student fails to appear at the time and place of the hearing without advanced notice and/or reasonable explanation, the complaint shall be considered to have been withdrawn and these proceedings shall be terminated.  The Chair shall so notify the student and the employee and shall submit a report to the Vice President for Student Affairs or designee.

b)    If the employee or designee fails to appear at the time and place scheduled for the hearing, without advanced notice and/or reasonable explanation, the hearing shall proceed to its conclusion as though the employee were present.

c)    If it is determined by the Committee Chair that either the student or the employee failed to appear because of circumstances beyond his/her control, the Committee may take whatever action it deems appropriate to ensure fairness.

8. The Committee shall consider only the issues and evidence submitted during the hearing.   The Committee may request either party to present additional evidence or testimony during the hearing which would assist the Committee in arriving at a fair and impartial conclusion.
   
   
9. Both the student and the employee shall have the following rights.

a)    To be present during the hearing.

b)    To be confronted with all evidence received by the Committee, whether oral or documentary.

c)    The opportunity to challenge or to rebut such evidence.

d)    To submit evidence on behalf of their own positions.

e)    The opportunity to submit a summary argument and to respond to the argument of the opposing party.

Step 7:

Upon conclusion of the Hearing, the Committee shall deliberate in private and shall arrive at a decision by majority vote.  There is a presumption that the decision made by the employee is correct and proper.  Thus, the burden of proof to the contrary rests with the student who is appealing.  In order to find in favor of the student, the Committee must reach a conclusion that the action or practice was discriminatory, and thus in violation of University policy.

Step 8:

If the Committee finds in favor of the student, the Committee shall decide how the action or practice is to be corrected.  Correction includes a notification to affected parties of a change in the action or practice, as well as a change in the consequences of the action or practice.

Step 9:

The Chair of the Hearing Committee shall notify the Vice President for Student Affairs or designee in writing of the decision within five (5) working days following conclusion of the Hearing.  All records pertaining to the Hearing shall be deposited and retained in the Office of the Vice President for Student Affairs.

Step 10:

The Vice President for Student Affairs or designee shall ensure that the Committee's decision is carried out.

Step 11:

Either the student or the employee may appeal in writing the decision of the Hearing Committee to the Vice President of the division in which the problem occurred.  The appeal must be done within five (5) working days following receipt of the Committee's decision.  The appeal must describe a substantial procedural error or some other significant factor which seriously prejudiced the outcome of the hearing.  In response to the appeal, the Vice President or designee may a) sustain the appeal, b) direct the Hearing Committee to reconsider the case, c) direct that University level procedures be initiated anew, d) confirm the decision of the Hearing Committee, or e) make a final decision where additional considerations have taken place.

Step 12:

The Office of the Vice President for Student Affairs shall retain the records of the appeal for a period of three (3) calendar years.

Step 13:

The Discrimination Complaint Panel annually shall report to the President of the University on the number of complaint hearings requested and the disposition of each case, within the requirements of the federal Family Education Rights and Privacy Act.

Confidentiality

All persons involved in the proceedings are required to maintain confidentiality, to be accurate and truthful in all statements and evidence submitted, and to comport themselves in an orderly fashion.  Any violation of these requirements shall constitute grounds for University disciplinary action.

DISCRIMINATION COMPLAINT FORM

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