CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO

SEXUAL HARASSMENT POLICY

APPROVED BY ADMINISTRATIVE COUNCIL:    7-16-90
REVISION #1 APPROVED BY ADMINISTRATIVE COUNCIL:  4-24-95
REVISION #2 APPROVED BY ADMINISTRATIVE COUNCIL:  12/98

REVISION #3
    RECOMMENDED BY ADMINISTRATIVE COUNCIL:   May 2, 2005
    APPROVED BY ALBERT K. KARNIG, PRESIDENT:   May 5, 2005

RESPONSIBLE DEPARTMENT:

Students:  Christine Erickson, Student Affairs (909-537-3811)
Faculty Employees:  J. Paul Vicknair, Associate Provost for Academic Personnel (909-537-5029)
Staff Employees:  Dale West, Assistant Vice President, Human Resources/Risk Management (909-537-5138)

It is the policy of California State University, San Bernardino, to maintain a working and learning environment free from sexual harassment of its students, employees, and those who apply for student and employee status.  The policy is meant to provide preventative education and to deter behavior that could constitute sexual harassment.  Any behavior determined to constitute a violation of this policy will be viewed as neither complimentary nor humorous, and will be subject to disciplinary action. 
 

I.    DEFINITION AND CLASSIFICATION OF SEXUAL HARASSMENT

Sexual harassment has been determined to be unlawful.  It is addressed under Title VII of the 1964 Civil Rights Act, Title IX of the 1972 Education Amendments, State of California Department of Fair Employment and Housing (DFEH) Regulations, CSU Chancellor's Executive Order #345, and this CSUSB Policy.

California State University, San Bernardino, recognizes that sexual harassment is often subjective and that the circumstances surrounding the conduct, as well as its pattern, frequency and severity, need to be considered in assessing the behavior.  Sexual harassment can occur between any two individuals regardless of gender, employment status, work relationship or academic association.  Sexual harassment may be verbal, visual, written or physical in nature, each of which may be grounds for disciplinary action. 

Sexual harassment may include the following:

1.  Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed towards an employee, student, or applicant.  For example:

a.  Making unsolicited written, verbal, physical and/or visual contact with sexual overtones.  (Written examples:   suggestive or obscene letters, notes, solicitations, electronic mail.  Verbal examples: derogatory comments, slurs, jokes, epithets (name-calling).  Physical examples:  assault, inappropriate touching, impeding or blocking movement.  Visual examples:   gestures, display of sexually suggestive objects or pictures, cartoons, or posters.)

b.  Continuing to express sexual interest after being informed that the interest is unwelcome.  (Reciprocal attraction is not considered sexual harassment.)

2.  Inappropriate conduct of a sexual nature, the submission to or toleration of which is an explicit term or condition of appointment, employment, admission or academic evaluation.

3. Inappropriate conduct of a sexual nature, the submission to or toleration of which is used as a basis for a personnel decision or an academic evaluation affecting an individual.

4. Conduct of a sexual nature that has the purpose or effect of interfering with a student’s academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment, or adversely affecting any student.

5.  Conduct that has the purpose or effect of interfering with an employee’s work performance, or creating an intimidating, hostile, offensive, or otherwise adverse working environment. For example:

a.  Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response, implying or actually withholding support for an appointment, promotion or change of assignment; suggesting that a poor performance report will be prepared, or suggesting that probation will be failed or that permanent status will be denied.

b.  Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee.

c.  Offering favors of employment benefits such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors.

Retaliation for the filing of a sexual harassment complaint is prohibited.  In addition to the complaint procedure provided in this policy, an individual complaint of sexual harassment may be filed with the California Department of Fair Employment and Housing and/or with the Equal Employment Opportunity Commission.

II.  RESPONSIBILITIES OF SEXUAL HARASSMENT COMMITTEE AND ADVISORS

A.    SEXUAL HARASSMENT COMMITTEE

The campus shall maintain a standing Sexual Harassment Committee (SHC).  The Committee will be composed of the Associate Provost for Academic Personnel, the Assistant Vice President for Human Resources/Risk Management, the Vice President for Student Affairs (or designee), two (2) staff members appointed by Administrative Council, two (2) faculty members appointed by the Executive Committee of the Faculty Senate, and two (2) students appointed each year by the Associated Student body.  The length of faculty and staff appointments is two (2) years.  The committee's responsibilities are to:

1.  Monitor the effectiveness of policies, procedures and the Sexual Harassment Prevention Educational Program.

2.  Select Sexual Harassment Advisors (SHAs).  

a.    SHAs shall consist of a minimum of:

1.    Ten (10) faculty members.

2.    Three (3) administrators/supervisors.

3.    Seven (7) staff personnel.

b.    SHAs shall be selected from among the following nominees:

1.    At least two (2) faculty members nominated by the Executive Committee of the Faculty Senate for each vacant SHA faculty position.

2.    At least two (2) administrators/supervisors nominated by the President for each vacant administrative SHA position.

3.    At least two (2) staff personnel nominated by Administrative Council for each vacant SHA staff position.

The campus SHC shall select the SHAs after contacting and, whenever possible, interviewing all nominees.  SHAs shall serve two (2) year terms with the possibility of reappointment.

3.    Recommend changes to policies, procedures and programs to the university community as necessary.

4.    Report to the President on sexual harassment concerns including a quarterly report on informal and formal complaint activity.

B.    SEXUAL HARASSMENT ADVISORS

Members of the campus community who believe they have been sexually harassed should discuss the matter with a Sexual Harassment Advisor (SHA).

The role of the SHAs shall be:

1.    To serve as an active listener in an objective manner.

2.    To identify/clarify the nature of incidents.

3.    To explain to the complainant the possible consequences for the harasser.

4.    To reinforce the prohibition against retaliation.

5.    To suggest ways to prevent harassment.

6.    To submit a written confidential intake form to the Chair of the Sexual Harassment Committee. 

7.    To attempt, where appropriate, to resolve sexual harassment allegations at the stage of initial, informal discussion by assisting and accompanying the complainant during the information meetings.

8.    To provide consultation, advise on the procedures for filing formal complaints and assist throughout the process.

9.    To advise on procedures and provide consultation and assistance throughout the process to anyone accused of sexual harassment .

III.    COMPLAINT PROCEDURES

SHAs are required to keep information provided by complainants restricted and refrain from public discussion.  The only exception to the policy of restriction is when an SHA has concluded that the University has a legal obligation to conduct an inquiry, even though the complainant does not wish to bring a formal complaint.  Campus psychological counselors are the only persons who can ensure confidentiality, except as may be required by applicable law.

The SHAs will receive specialized training and will be kept informed of issues, policies and procedures involving sexual harassment.

Procedures for filing formal complaints are as follows:

1.    If the person alleging sexual harassment is a member of Collective Bargaining Units 2, 5, 7, or 9 (which includes health care, maintenance, clerical and technical, respectively), the complaint procedures in the respective agreements for these units are applicable.  Copies of these procedures are available in the Human Resources Department.

2.    If the person filed against is a student, due process procedures, charges and sanctions as outlined in Title 5 will apply.

3.    All persons not covered in items 1 and 2 above alleging sexual harassment may file a written, formal complaint with one of the Sexual Harassment Officers (SHO):  the Associate Provost for Academic Personnel, if the complaint is against faculty; the Assistant Vice President for Human Resources/Risk Management if the complaint is against staff or management personnel; or the Judicial Affairs Officer, if the complaint is against a student.  If a complaint is filed against an SHO, a different SHO will conduct the fact finding.  The President shall be notified immediately of the filing of any complaint.

a.     SHOs may be assisted in their investigations of sexual harassment complaints by an Investigative Assistant (IA) of the opposite gender.  The pool of eligible IAs will be composed of six (6) tenured faculty nominated by the Faculty Senate and four (4) management personnel nominated by the Administrative Council.   From this pool, four (4) IAs will be selected and approved by the SHC and will serve for two (2) years with the possibility of reappointment.  IAs should be nominated and will be appointed on the basis of their interest and expertise in matters pertaining to sexual harassment.

b.    The SHO, in consultation with the IA, will first consider the merits of a complaint relative to this policy.  If it is determined that a complaint does not fall within the parameters of this policy, the SHO will so inform the complaining party.   This decision may then be appealed to the University Sexual Harassment Committee within thirty (30) days for further consideration.  If the decision of the SHO is appealed, the time frame stops until a decision is rendered by the SHC.  The decision of the SHC shall be final.

c.    If it is determined that the complaint falls within the parameters of this policy, the alleged harasser shall be notified that a complaint has been filed, provided with the name of the complaining party and a summary of the circumstance(s) which precipitated the filing of the complaint.  The alleged harasser shall also be notified of the consequences of retaliation.  If the complaint is against a university employee, the appropriate Vice President will be notified, as appropriate, as well as the President who shall also be informed.

d.    The SHO and the IA will initiate an investigation of the allegations of sexual harassment within fifteen (15) working days of the formal complaint filing date.  The investigation should include all information collected by the SHA.  If helpful, a face-to-face meeting between the complainant and the alleged harasser may take place.   

e.    If in the process of the investigation there is a resolution achieved that is satisfactory to the parties involved, the investigation will be terminated.  The terms of the resolution shall be in writing and signed by both the complainant(s) and the alleged harasser(s).  A copy of the resolution will be filed with the Chair of the Sexual Harassment Committee.

f.    Following completion of the investigation by the SHO and the IA, the SHO will file a report of the findings to the President or the President's designee along with, if necessary, a recommendation for appropriate action.

g.    The President or the President's designee will review the report submitted by the SHO and within fifteen (15) working days determine an intended action, if any.   Depending upon the nature and severity of the charge(s), the President's actions may include:  1) a letter of reprimand which may include corrective action, or 2) in accordance with specified procedures contained in the Collective Bargaining Agreements, the Education Code or other regulations governing employment, the notification of disciplinary action such as suspension, demotion or termination.

h.    The accused will be notified of the President's or designee's decision.  The complainant will be notified when the investigation has been completed that a determination has been made by the President or the President's designee, as appropriate.  Appropriate individuals, on a need to know basis, may be provided with relevant information regarding the conclusion when necessary to implement the conclusion.

IV.  EDUCATION AND TRAINING

The Sexual Harassment Education Program has been designed to disseminate information about sexual harassment and how to prevent it.  The primary goal of all components of the education program is to prevent the occurrence of sexual harassment.   Educational programs are provided for four (4) different campus constituencies:

1.    Students

2.    Faculty

3.    Staff employees and administrators

4.    Designated advisors and others involved in handling sexual harassment complaints

Although much of the education for these four (4) groups will be similar, slightly different approaches may be directed toward developing an understanding of current issues pertaining to sexual harassment for each specific group, as appropriate.

Scope of Information

The major topical areas that will be covered are:

CSUSB Policy on Sexual Harassment

Definitions of sexual harassment

Types of sexual harassment behavior

Myths and facts about sexual harassment behavior

Analyzing the causes of sexual harassment

Effects of sexual harassment on the victim

External remedies available to the victim

The consequences to the University/individuals

The role of the SHA, IA, and SHO, respectively

Profiles of groups at risk for harassment

Complaint and investigation procedures/forms

The University will ensure that all groups receive information pertaining to the Sexual Harassment Policy, the complaint procedure, and additional material, which will enhance general awareness.

Continuing education shall be accomplished through various programs designed to educate and inform the campus community of sexual harassment policies and preventative approaches.  These programs shall be coordinated through the Campus Training/Development Office, which will work closely with Student Affairs in the area of student education.  Programs will include:

1.    Workshops offered for employees (faculty, staff and administrators) on a regular basis.

2.    Student workshops and/or classes that are well advertised with attention towards sessions in the residence halls for students and on-campus sessions at various times throughout the day for all students.

3.    Materials incorporated into all new employee (faculty and staff) and new student orientation programs and other student orientation programs such as those that some departments hold for their graduate students.   A statement explaining the university's sexual harassment policy shall be included in various campus publications such as the university Bulletin, class schedule, and faculty/staff handbooks.  Complete copies of the entire policy shall be distributed campuswide, as necessary.

4.    Periodic articles and other forms of information will be made available in campus publications and through other forms of campus communication.

5.    Continuing education sessions conducted by faculty and staff, with appropriate training and background, without additional compensation.  Teaching will be accomplished, whenever possible, by one female and one male using a team teaching method.  Sexual harassment trainers shall be selected and approved by the SHC.  These education sessions will strongly emphasize sexual harassment definitions and the procedures available to report sexual harassment.

Questions regarding this Sexual Harassment Policy or requests for copies may be addressed to:

Dale T. West
Assistant Vice President for Human Resources/Risk Management
Sierra Hall, Room 110
909-537-5138; FAX: 909-537-7019

OR

J. Paul Vicknair
Associate Provost for Academic Personnel
Administration Building, Room 101
909-537-5029; FAX: 909-537-7015

OR

Christine Erickson
Judicial Affairs Officer, Student Affairs
University Hall, Room 231
909-537-3811

California State University, San Bernardino
5500 University Parkway
San Bernardino, CA 92407

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