Discrimination, Harassment and Retaliation
Executive Order 1096 Revised October 5, 2016
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.
Members of the CSUSB community have the right to live, work, and learn in an environment free of unlawful discrimination. It is the policy of CSUSB that no student, employee, volunteer, member of the public, or recipient of services and/or benefits provided by CSUSB shall be subjected to any form of prohibited discrimination in any CSUSB programs or activities.
If you believe a member of the campus community has violated this policy, you may file a formal complaint to:
- César Portillo, Associate Vice President for Human Resources
- Dr. Jacqueline Hughes, Associate Vice Provost for Academic Personnel
Complete details can be found at the Chancellor's Office web site - Executive Order 1096
What is Discrimination?
Discrimination is treatment of an individual or class of individuals which denies opportunity, participation, or benefit on any of the identified grounds.
Discrimination Prohibited by Law and by CSUSB:
•Covered Veterans (Link to: http://www.dol.gov/compliance/guide/vietvets.htm#who )
•Sexual Orientation (Real or Perceived)
•Physical or Mental Disability
•Retaliation against individuals who have exercised their rights under these laws.
Examples of Discrimination
The following are examples of behavior that could be interpreted as prohibited discrimination. Please know that these examples meant to be illustrative only and are not an inclusive list.
•Lack of access or equally effective access to academic programs or electronic or information technology.
•Verbiage that could be interpreted as being offensive, such as comments about someone's race, sex, gender/gender identity, ancestry, color, age, physical or mental disability, mental status, religion, sexual preference, or veteran status.
•Not allowing a student or employee the time away from class or work to observe a religious holiday, or not allowing him or her to make up the time of work lost due to observance of religious holiday.
•Screening a person out of a job on the basis of age.
•Treating a student or employee or peer differently because of her/his race.
•Constantly commenting or kidding about someone's ancestry.
•Not providing assistance to an employee or student because of a physical or mental disability when you provide this assistance to everyone else.
•Not being sensitive to others' needs because of their gender.
•Not listening to, or not taking seriously, suggestions or ideas from someone because of her/his gender.
•Not giving credit to someone for a well-done effort because of her/his race.
•Not considering someone for a position because of her or his covered military service.
What is Harassment?
Harassment is unwelcome and/or offensive conduct on the basis of any protected status, which include race, color, religion, national origin, ancestry, age, sex, sexual orientation, marital status, veteran status, physical disability, mental disability, or medical condition, and:
1) Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, grade or academic progress;
2) Submission to or rejection of such conduct by an individual is used as the basis or threatened to be used as the basis for employment or academic standing or assessments affecting an individual; or
3) Such conduct is so severe or pervasive that its effect, whether or not intended, is an environment that could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as intimidating, hostile or offensive.
What is a Hostile Environment?
A hostile environment may exist when such conduct is persistent and/or pervasive and when it unreasonably interferes with an individual's ability to participate, learn, and/or work. Factors considered in determining whether an environment is hostile include whether the conduct was:
•Verbal or physical or both
•A single incident or a pattern of behavior;
•Perceived to be hostile or offensive to a reasonable person;
•Exercised by an individual in a position of authority; and/or
•Directed to one or more individuals or class of individuals
What is 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. There may be sexual harassment by those of the same sex as well as by those of the opposite sex.
"Sex" includes, but is not limited to: the victim's actual sex; the harasser's perception of the victim's sex; the harasser's perception of the victim's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with victim's sex at birth.
Examples of Harassment
The following are examples of behavior that could be interpreted as harassment. Please know that these examples meant to be illustrative only and are not an inclusive list.
•Written communications, such as sending inappropriate jokes or comments in print or by electronically;
•Verbal communications, such as making graphic or degrading comments about an individual and/or his/her body or personal characteristics, or using epithets, derogatory comments or slurs;
•Physical acts, such as unwanted touching, physical interference, or event assault;
•Visual acts or displays, such as derogatory cartoons, drawings, or posters, or inappropriate gestures;
•Making unwelcome sexual advances or propositions, or offering benefits or giving preferential treatment in exchange for sexual favors;
•Making or threatening reprisals after a negative response to unwelcome conduct.
Prohibited Retaliation/Reprisal for filing a complaint of discrimination or harassment, for opposing prohibited discrimination or harassment, or for testifying, assisting or participating in any manner in any complaint proceeding is not tolerated and constitutes separate grounds for complaint.
DHR Complaint Process
The information provided is only a summarization of standard Discrimination, Harassment and Retaliation complaint procedures. For more detailed information, please review Executive Order 1096 provided on the Chancellor’s Office website.
Process 1: Informal Resolution (Campus Level)
If an individual believes that he/she may have been subjected to discrimination, harassment, or retaliation they may initiate the Informal Resolution Process prior to or instead of filing a complaint.
Please contact the Human Resources Department at 909-537-5138 to discuss your circumstances.
Please know that if a resolution cannot be agreed within the informal complaint process, it may develop into a formal resolution procedure.
Process 2: Level 1 - Formal Resolution (Campus Level)
If an individual believes that he/she may have been subjected to discrimination, harassment, or retaliation and feels that a resolution cannot be solved informally, the individual may complete a formal complaint by the following:
1) By filing a written complaint that was not proceeded by an informal level investigation. (Within 30 days of the event giving rise to the complaint or after the employee knew or reasonably should have known of the event)
2) By filing a written complaint at the invitation of the campus administrator. (Within 30 days of the event giving rise to the complaint or after the employee knew or reasonably should have known of the event)
3) In response to the results of an Informal Level investigation with which the employee disagrees. (No later than 10 days after the Informal Response.)
You may file a formal complaint to:
1) César Portillo, Associate Vice President for Human Resources
Process 3: Level 2 – Appeal Review (CSU – Office of the Chancellor)
Any Complainant who is not satisfied with a Level I determination that this Executive Order was not violated may file a Level II appeal with the Chancellor’s Office (CO) no later than 10 Working Days after receiving the written notice of the Level I outcome. If the deadline falls on a non-Working Day, the Level II appeal must be filed no later than the next Working Day.
Level II appeals shall be addressed to:
Systemwide Human Resources
Equal Opportunity and Whistleblower Compliance Unit
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802