Judicial Affairs Non Discrimination Policy

Universities have a deep obligation to value diversity among people and among ideas and, at the same time, not to impose any specific ideology on students, faculty, staff, or administrators. For appreciation of diversity–in nature, in human culture, and certainly in ideas–is fundamental to higher learning. The university’s enterprise is enriched when diverse peoples are engaged in it. Beyond the profound moral value to be found in inclusiveness, a diverse campus community characterized by free and open communication fosters understanding of the alternative points of view that different groups can offer.

It is the policy of California State University, Fullerton, to create and maintain an environment that values diversity, respects human dignity, is hospitable, equitable, and tolerant, and in which all persons are free from all forms of invidious discrimination or discriminatory harassment.

Mindful of its high calling to promote diversity in thought and to assure all students an appropriate learning and working environment, California State University, Fullerton:

Challenges and summons its students, faculty, staff and administration to promote a hospitable and equitable learning environment for all persons;

Asserts that tolerance for diversity shall be the norm for behavior on the part of all who are present on the campus;

Discourages the use of derogatory or disparaging language and other forms of expression and, particularly, condemns those who insult persons on the basis of race, ethnicity, national origin, ancestry, citizenship, religion, creed, sex, sexual orientation, marital status, age, disability, or veteran status.

To achieve the high purpose of securing a hospitable and equitable learning and working environment for all persons, California State University, Fullerton commits itself to:

Encouraging ethnic, gender, and cultural diversity in its faculty, student body, staff and administration;

Promoting a university curriculum that recognizes the contributions and achievements of our diverse human community;

Sponsoring programs and activities that increase the awareness of the value of diversity.

Supporting organizations that foster inter-group understanding and harmony;

Offering training to faculty, staff, administrators and student leaders in promoting harmonious inter-group interactions and conflict resolution;

Periodically assessing the success of all units within the university in furthering these goals and objectives.

While cherishing and protecting freedoms of speech and expression that are the very basis of the higher educational enterprise, the university will:

Discourage instances of intolerance, discrimination, or harassment not subject to sanctions under sections 2-5 below. Workshops, seminars, or other learning opportunities focused on the nature of the bigotry and prejudice may be appropriate responses to such behaviors;

Invoke, where necessary, the sanctions authorized for instances of intentional discrimination that are prohibited by system-wide Executive Orders for The California State University, and/or are prohibited by state and federal law;

Invoke, where necessary, the sanctions authorized under standard civil and criminal codes for intentionally threatening individuals, damaging property, or disrupting the educational enterprise, specifically including those instances of threat, damage and disruption premised on in tolerance and discrimination;

Take appropriate actions in the face of student misconduct as provided in Title 5, California Code of Regulations, including Section 41301(k) which prohibits abusive behavior directed toward, or hazing of, any member of the campus community;

Take actions in the face of misconduct, including misconduct premised on intolerance and discrimination, by staff and faculty as appropriate in the context of collective bargaining agreements; and in the instance of administrators and other employees not covered by bargaining agreements, in the context of Executive Order 419.

Guidelines for Establishing Campus Procedures for the Resolution of Complaints Filed Under the Provisions of the CSU Fullerton Nondiscrimination Policy

The first and foremost principle shall be to protect constitutionally protected speech, specifically including speech in the classroom. No prior restraint upon expression shall be embodied in a code of conduct or other such regulations designed to sanction invidious harassment.
The second principle, and next in order of priority, shall be a preference for informal resolution of minor conflicts and disputes. Major disputes and recurring minor incidents of intentionally discriminatory behavior should be addressed through formal resolution.
The third principle, and next in order of priority, shall be confidentiality, but only insofar as confidentiality may be consistent with due process.
The fourth principle, and next in order of priority, shall be enforcement of the policy and procedures in a manner consistent with due process protections, including the right of any individual charged with violation to notice and a hearing.
The fifth principle, and last in order of priority, shall be the maintenance of records adequate for statistical and policy review. Record keeping must not be inconsistent with, and must not take priority over, confidentiality and a preference for informal dispute resolution.

It is the policy of California State University, Fullerton and The California State University to maintain a working and learning environment free from sexual harassment of its students, employees and those who apply for student or employee status. Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964, Title IX of the Higher Education Amendments of 1972, and California Education Code Section 89535. Executive Order 345– Prohibition of Sexual Harassment–also prohibits sexual harassment within the California State University System. The university will not tolerate sexual harassment and will take action to eliminate such behavior.

Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals.

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment;

Such conduct 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’s access to campus programs, services and benefits.

The President is responsible for the implementation of this policy, establishment of procedures for the resolution of complaints, and preparation of periodic status reports.

All supervisors and managers are responsible for the implementation of this policy and maintaining a working and learning environment free from sexual harassment.

This policy and a listing of offices designated to receive complaints shall be widely disseminated to all members of the university community and publicized in official campus publications.

Guidelines for Establishing Campus Procedures for the Resolution of Complaints Filed Under the Provisions of the Policy

The policy and procedures shall be enforced in a manner consistent with due process protections, including the right of any individual charged with a violation to notice and a hearing.

Confidentiality shall be of primary importance insofar as may be consistent with due process.

Informal resolution shall be the established practice for minor conflicts and disputes. Major disputes and recurring minor incidents of intentionally discriminatory behavior should be addressed through formal resolution.

Records shall be maintained which are adequate for statistical and policy review. Record keeping must not be inconsistent with, and must not take priority over, confidentiality and a preference for informal dispute resolution.

Any member of the campus community may use the procedures except as otherwise provided for under an agreement between a collective bargaining unit and the university. Faculty, staff and administrative employees should refer to the appropriate collective bargaining agreement for filing complaints of harassment or Executive Order 419, and should contact any of these offices for assistance: Affirmative Action, Academic Affairs, or Human Resources.

Students and employees who knowingly file fraudulent complaints under this policy and implementing procedures are subject to disciplinary action.

Students and employees will not be subject to retaliation for filing legitimate complaints.

Amorous or sexual relationships between faculty or staff and a member of the university community for whom they have teaching, evaluative, advocacy, counseling, advising or supervisory responsibilities are unacceptable, even if the parties involved view such a relationship as consensual.

The university will regard such behavior as unprofessional, unacceptable and potentially subject to reprimand or disciplinary procedures. The university expects faculty and staff to:

Refrain from taking any teaching, evaluative, advocacy, counseling, advising, or supervisorial role involving an individual with whom he/she is having an amorous or sexual relationship;

Remove himself/herself from any teaching, evaluative, advocacy, counseling, advising, or supervisorial role involving an individual with whom he/she is having an amorous or sexual relationship.

Any supervisor who is aware of a faculty or staff member who has a teaching, evaluative, advocacy, counseling, advising, or supervisorial responsibility for an individual with whom he/she is having an amorous or sexual relationship shall take action to remove that individual from his/her position of responsibility or otherwise resolve the problem.

A member of the campus community who fails to withdraw from participation in activities or decisions that may reward or penalize the party with whom he/she is having a consensual relationship will be deemed to have violated this policy.

It is the responsibility of department chairs, deans, supervisors and managers to take all necessary and appropriate steps, beginning with informal steps to resolution, to prevent and correct problems stemming from amorous or sexual relationships. If informal steps for resolution are unsuccessful, the matter will be pursued via the formal corrective action or complaint process listed in the sexual harassment complaint procedures.

It is the responsibility of any member of the campus community who may be uncertain about the propriety of consensual amorous or sexual relationships to consult with campus personnel knowledgeable about professional standards, ethical issues, and sexual harassment.

This policy is widely and frequently disseminated on campus, including among students;

other appropriate means of educating the community, such as periodic workshops, are pursued.

It shall be the responsibility of managers, supervisors, deans and department chairs to ensure that employees or students under their direction or supervision are informed of this policy.

California State University, Fullerton expects that all members of all recognized student organizations will observe and fully comply with the State of California Education Code requirements on hazing. In addition, all students are expected to adhere to regulations set forth by their respective national organizations, IFC, Panhellenic and Black Greek Council and university policies concerning practices commonly referred to as hazing. It is the responsibility of the officers of student organizations to be informed of all the above-mentioned regulations and to see that they are brought to the attention of the rest of the membership.

Violations of these regulations should be brought to the Vice President of Student Affairs.

During each Student Officer Orientation, coordinated by the Dean of Students Office, this policy shall be reviewed, thereby educating all recognized student organizations. Additionally, at the beginning of each semester, the president of each social fraternity and sorority shall submit to the Dean of Students Office, on a form provided by that office, a statement signed by each elected officer of the organization attesting to the fact that they have read and understand the information provided by the university regarding hazing. The collecting of the officers’ signatures and the submission of this form in a timely manner is the responsibility of the president of each organization. Failure to submit this form by the deadline established by the Dean of Students Office will result in suspension of university recognition and a loss of campus privileges.

University policy with respect to hazing prohibits any recognized student organization from engaging collectively or individually in any of the following practices as part of any program or general activity:

All forms of physical activity not a part of an organized athletic contest and not specifically directed toward constructive work is prohibited.

The application of foreign substances to the body is prohibited.

Such activities as a new member only scavenger hunts, new member ditches, kidnaps, and the like are prohibited.

Any activity which is mandatory for new members only, and is not educational in nature is prohibited.

Depriving students of sufficient sleep (6 hours per day minimum), decent and edible meals, or access to means of maintaining bodily cleanliness is prohibited.

Depriving students of "sense awareness" (sight, sound, etc.) which may cause mental and/or physical stress is prohibited.

Forcing, coercing or permitting students to eat, or drink foreign or unusual substances such as raw meat, salt water, onions, etc., is prohibited.

Forcing, or allowing, students to dress in any unusual or awkward fashion is prohibited.

"No student, or other person in attendance at any public, private, parochial, or military school, community college, or other educational institution shall conspire to engage in hazing, participate in hazing, or commit any act that causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to any fellow student or person attending the institution.

The violation of this section is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both."

Allegations of violation of State law or university policies regarding hazing are handled by the Vice President of Student Affairs. After assuring that due process has been followed in determining the facts of a given case, and that all parties involved have access to all of these facts, and that the accused organization has an opportunity to face its accuser, the Vice President of Student Affairs shall make a determination regarding the apparent validity of the charge. If the organization indeed appears to have violated State law or university policy, the Vice President may invoke sanctions ranging from a warning to withdrawal of recognition. Decisions of the Vice President may be appealed to the President of the university.

If it appears to the Vice President of Student Affairs that the act of hazing which was so serious as to endanger the life of the person or persons who were hazed, the Vice President shall additionally refer the matter to the Department of Public Safety.

Judicial Affairs Office

Nondiscrimination Policy:

A Commitment to Valuing Diversity

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