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.
- 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:
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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:
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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.)
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Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not
considered sexual harassment.)
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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.
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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.
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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.
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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:
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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.
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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.
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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.
- RESPONSIBILITIES OF SEXUAL HARASSMENT COMMITTEE AND ADVISORS
- 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:
- Monitor the effectiveness of policies, procedures and the Sexual Harassment Prevention Educational Program.
- Select Sexual Harassment Advisors (SHAs).
- SHAs shall consist of a minimum of:
- Ten (10) faculty members.
- Three (3) administrators/supervisors.
- Seven (7) staff personnel.
- SHAs shall be selected from among the following nominees:
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At least two (2) faculty members nominated by the Executive Committee of the Faculty Senate for each vacant SHA faculty
position.
- At least two (2) administrators/supervisors nominated by the President for each vacant administrative SHA position.
- 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.
- Recommend changes to policies, procedures and programs to the university community as necessary.
- Report to the President on sexual harassment concerns including a quarterly report on informal and formal complaint activity.
- 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:
- To serve as an active listener in an objective manner.
- To identify/clarify the nature of incidents.
- To explain to the complainant the possible consequences for the harasser.
- To reinforce the prohibition against retaliation.
- To suggest ways to prevent harassment.
- To submit a written confidential intake form to the Chair of the Sexual Harassment Committee.
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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.
- To provide consultation, advise on the procedures for filing formal complaints and assist throughout the process.
- To advise on procedures and provide consultation and assistance throughout the process to anyone accused of sexual harassment.
- 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:
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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.
- If the person filed against is a student, due process procedures, charges and sanctions as outlined in Title 5 will apply.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
- a letter of reprimand which may include corrective action, or
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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.
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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.
- 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:
- Students
- Faculty
- Staff employees and administrators
- 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:
- Workshops offered for employees (faculty, staff and administrators) on a regular basis.
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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.
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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.
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Periodic articles and other forms of information will be made available in campus publications and through other forms of campus communication.
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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:
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Dale T. West
Assistant Vice President for Human Resources/Risk Management
Sierra Hall, Room 110
909-537-5138; FAX: 909-537-7019
OR
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J. Paul Vicknair
Associate Provost for Academic Personnel
Administration Building, Room 101
909-537-5029; FAX: 909-537-7015
OR
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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