Enhancing a Respectful University Environment

University Non-Discrimination

and

Sexual Harassment Policies

Goal: To Provide Our Employees and Students a Working and Learning Environment Which Is Free of Discrimination and Harassment

We accomplish this goal through the development and implementation of campus policies, resources, and complaint resolution procedures; providing diversity awareness and management training; and communication about our programs and policies to the campus community. Visit the Diversity and Equity website www.fullerton.edu/diversity for more information about programs, services, campus demographics, and links to related websites.

Policies

There are three primary repositories for main policies. These repositories are available on-line at the Office of the Chancellor and Cal State Fullerton’s websites:

http://www.fullerton.edu/diversity/policies.asp

http://www.calstate.edu/HR/er_aa.shtml

http://www.calstate.edu/HR/er_sh.shtml

The crucial policies for you to review are outlined below.

CSU Policies

Systemwide Policy Prohibiting Harassment in Employment and Retaliation for Reporting Harassment or Participation in a Harassment Investigation (Executive Order 927).

http://www.calstate.edu/eo/EO-927.pdf

Harassment & Discrimination Complaint Procedures For Employees

http://www.calstate.edu/HR/er_aa.shtml

http://www.calstate.edu/HR/ComplaintTimeline.pdf

Systemwide Complaint Procedure for Discrimination, Harassment and Retaliation Complaint for Employees Not Eligible to File a Complaint or Grievance Under a Collective Bargaining Agreement or Whose Collective Bargaining Agreement Incorporates CSU Systemwide Complaint Procedure (Executive Order 928).

http://www.calstate.edu/EO/EO-928.pdf

Prohibition against Discrimination Based on Gender Identity (HR 2004-12).

http://www.calstate.edu/HRAdm/pdf2004/HR2004-12.pdf

Cal State Fullerton Policies

Nondiscrimination Policy: A Commitment to Valuing Diversity

http://www.fullerton.edu/diversity/policies.asp

Amorous Relations Policy

http://www.fullerton.edu/Senate/PDF/200/UPS240-200.pdf

Sexual Harassment Policy

http://www.fullerton.edu/diversity/policies.asp

http://www.calstate.edu/HR/er_sh.shtml

Requesting Reasonable Accommodation under ADA and FEHA

http://www.fullerton.edu/diversity/DEP.asp

Reporting Discrimination & Harassment to Governmental Agencies

Department of Fair Employment & Housing Brochures

Discrimination:

http://www.dfeh.ca.gov/Publications/DFEH 151.pdf

Sexual Harassment:

http://www.dfeh.ca.gov/Publications/DFEH 185.pdf

Disability:

http://www.dfeh.ca.gov/Publications/DFEH 184.pdf

Equal Employment Opportunity Commission main web page

http://www.eeoc.gov/

Office of Federal Contract Compliance Programs main web page

http://www.dol.gov/esa/ofccp/index.htm

Training Resources

In addition to many workshops held both at Cal State Fullerton and the Office of the Chancellor, the Office of General Counsel has developed "Sexual Harassment: Understanding Your Rights and Responsibilities” which is available on-line at:

http://www.calstate.edu/gc/AntiSexualHarassmentTraining/sh-page1.shtml

This web-based training is intended to help you understand and comply with CSU's policy prohibiting sexual harassment. We encourage you to take this course and return a copy of your certificate of completion to Diversity and Equity Programs, CP 700 within the first 30 days of your appointment. If you have any questions regarding this program, please call the Director of Diversity & Equity Programs, ext. 3951, or
e-mail rgomezamaro@fullerton.edu.

Strategies for Setting Boundaries

and

Avoiding Miscommunication of Intentions

Conflict Of Interest Which Arises From Dating Students

Do not date or become involved in a personal/sexual relationship with any student, student assistants, or graduate assistants who are in your classes or whom you directly or indirectly supervise/influence their employment and work conditions, work assignments, compensation, evaluation, discipline, or termination. This “no dating” advice also applies to teaching associates, teaching assistants, graduate assistants, and students assistants because their interaction with students on behalf of the University have the potential to impact student grades and educational experience. Most relationships do not end in marital bliss and, in fact, many relationships end on less than favorable terms. It is those situations that can become potential sexual harassment cases. To learn more about University policy on amorous relationships refer to our sexual harassment brochure for “A Special Note to Faculty, Teaching Assistants, Supervisors, and Other Persons in Positions of Power”

http://www.fullerton.edu/diversity/policies.asp?mode=policiesbrochure
or visit the Academic Senate website

http://www.fullerton.edu/Senate/PDF/200/UPS240-200.pdf

If such a relationship evolves, you need to notify the Chair, Dean, or Associate Vice President Academic Affairs or Director of Diversity & Equity Programs so they can find a way to address this conflict of interest in a way that would be beneficial to all concerned.

Keep Your Door Open When Meeting With Students

Protect yourself from situations where there are no witnesses. If you anticipate that a discussion with a student may be problematic, ask that another faculty or staff member be present.

Set Boundaries

Faculty are expected to meet students for office hours and provide them academic advisement and appropriate assistance related to their academic progress. Faculty are not expected to discuss personal or confidential matters with students. If students request to speak to you about “something personal”, refer them to the Counseling and Psychological Services where licensed counselors can meet with them and maintain strict confidentiality. Also, if you share personal information about your non-academic experiences during office hours with students, this can confuse students and result in their misunderstanding your intentions or perceive that he/she has a special relationship with you.

How Close Is Too Close?

When working with students in computer labs or lab facilities, be careful not to get too close or have physical contact with students. Rather than standing behind or closely to the side, sit at the workstation and demonstrate what they need to do, then have them try it. We are a very diverse community (race, ethnicity, age, etc.) which increases the potential for misunderstandings. Many cultures have different standards about physical proximity and touching. Also, some students may misread being touched as signaling sexual interest.

Avoid Appearance of Being Open to "Grade Negotiation"

Any practices pertaining to grading should be addressed in the syllabus. Areas where issues of unfair treatment arise problems include but are not limited to granting extra credit, changing the established class protocol without ensuring that all students are aware of the changes, allowing the lowest grade to be thrown out, reconsideration of points on assignments or exams. Don't wait until later to "work it out" - this can be misunderstood as being inconsistent and/or based on factors such as ethnicity, gender, or personal/sexual interest.

Should You Give Students Your Home Or Cell Number?

Set boundaries about when students can call you at home. If you do give this number out, make it available to all students on your syllabus.

Contacting Students at Home or Inviting Them to See You Outside of Class.

Before you call students, make sure you have made every attempt to address the issue during office hours or immediately before/after class. Also, if and when you make such home calls about class attendance, missing assignments, availability of office hours to assist students who are having difficulty with the assignments or materials, etc., please be certain that all students who are in the same or similar situation receive equal treatment. Otherwise this behavior can be seen as favoritism or harassment. E-mail is effective and can be documented.

Do not invite individual students to your home. This is very risky except in specific academically related circumstances. Inviting entire classes or groups of students to do class-related activities may be appropriate, but you must seek approval from the Chair and obtain prior approval from the University's Risk Manager, x4937.

http://riskmanagement.fullerton.edu/.

Call Public Safety If You Feel Unsafe/Stalked

Your safety is of critical importance. Contact Public Safety at 911 if you believe you are in physical danger or think you are being stalked. Officers are trained to handle potential violence in the workplace situations. If you are uncertain about the situation, talk to your Department Chair or Director of Environmental Health & Safety, x4346.

http://ehis.fullerton.edu/

DESC Scripts Approach

Effective Communication

Using a communications model during difficult conversations can help turn tough situations into positive action. The following DESC approach is one model you may find useful.

Describe the Situation to Yourself

Write down the exact situation.
Describe the issue in behavioral terms, by describing what you saw, heard, or experienced, as objectively as if it were recorded on a camera or tape recorder.

For example:

“This floral arrangement was delivered to my home this afternoon. Because no one was home at the time, the flowers were left on the porch. The cold has seriously damaged the flowers.”

“When we met together six weeks ago, you and I agreed that you would work to improve your performance in two important areas: arriving at work on time each morning and eliminating all but the most necessary personal telephone calls. Records indicate that in six weeks you have been late once, the day of the ice storm. I have noticed you spend significantly less time on personal calls now. These are important and positive changes.”

“During a recent office meeting, you raised your voice at me. I was cut-off in mid-sentence, and my opinions on the subject were not heard.”

Analyze the issue. Decide if the issue is significant and on-going, or is a one-time incident and not as significant as you first determined.
Prepare notes to discuss the issue.

Call for a Special Uninterrupted Meeting

Ask for at least 30 minutes of time the person can have with you to discuss personal and confidential issues. Be flexible to allow the person to schedule the best time for them, so that you can have the uninterrupted time you require.

By setting up the time in advance, it will indicate that you need this time available to you, and still respect the other person’s time and schedules.

By noting that this time is for a personal and confidential issue, it will be known these are important issues regarding a specific incident or situation.

At the Meeting

Express Your Feelings about the Situation

This is a good time to use “I” messages. Speak personally about what feelings, if any, the situation has aroused in you. Own the feelings as your own, use “I” messages, and avoid statements that imply the other person makes you feel the way you do. Ask for permission to express yourself first, honestly and completely, and then open up the discussion and go back regarding questions.

For example:

“I am very disappointed that the flowers are no longer attractive and useful.”

“I am pleased that you have been able to make such significant changes in your personal work habits.”

“I felt hurt and rejected when you raised your voice at me. By being cut-off in mid-sentence, I felt you did not care about my point of view. I now feel awkward and disappointed, both about the situation, and the relationship between us.”

Specify What You Want

Surprisingly, this is the step most people miss when they want to make a request! Ask for what you want, and ask specifically. This is a good time to use “I want” statements. Make your requests manageable and reasonable, and make only one or two requests at a time.

For example:

“I’d like to have the flowers replaced and delivered before seven o’clock in time for our party tonight.”

“I’d like you to continue to be on time each day and keep the personal calls to a minimum, as you have been doing.”

“I’d like to be treated with respect and dignity. My feelings will only be understood when I am allowed to express them. By respecting my opinions, you will show you really do care, and we can maintain a good working relationship and once again be comfortable with each other.”

Consequences Associated with Your Request

Whenever possible, describe the positive consequences associated with your request. Threats and predictions of dire consequences often awaken defensiveness and anger in listeners, and their attention shifts to defensive or hostile behavior. If what you want is cooperation, show them how cooperating with your request will be in their best interest, as well as yours. If you must specify consequences, make sure the consequence is appropriate to the situation, and choose only consequences that you are willing to carry out.

For example:

“Fresh flowers would really make the anniversary party we are giving seem more like a special occasion. I would be very grateful if you would make the effort to have the flowers replaced in time for the party.”

“You’ve asked about a promotion. If you can maintain those good work habits of being on time and keeping personal calls to a minimum until the next performance review in six weeks, I will be happy to talk to you about the position of departmental assistant at that time.”

“By us being able to cooperate - we both win. If we can’t communicate effectively, or don’t take the time to listen and understand each others’ feelings, we will both be uncomfortable in our working relationship. This, in turn, might jeopardize one or both of our abilities to do our jobs effectively. Now that we have discussed the situation, we should be able to go on past the issue, and once again regain, or move towards a more trusting and honest relationship between us as co-workers.”

If You are Receiving the Request for a Special Meeting:

Accept the scheduled appointment at such a time that allows enough time to discuss the issue in its entirety. If the co-worker asks for 30 minutes, schedule it in when you actually have more time available.

Since the co-worker came to you, allow that person to communicate the entire issue before interrupting, then ask for permission to go back and clarify the issue.

If you need some time to consider your side of the issue, you may need to ask to set up another time to approach the subject after some thought. Do not give any impression of retaliation, because they have come to you. Be sensitive to the other person’s feelings.

Ask the co-worker for specific recommendations on how to resolve the situation. Don’t, however, feel rushed to resolve a situation that by not taking the appropriate amount of time to consider, you may regret your decision about later.

Following the DESC Scripts above does not guarantee that you will get your request. However, your request may open the door to further conversation and negotiation with the other person, your request may be denied, or you have to wait for your request to be granted at some future time. Making requests assertively, in a clear, concise, and direct manner, assures that both you and the other person know just what it is you want, why you want it, and what the significance of that request is for both of you. Such straightforward communication is genuinely assertive.