Nondiscrimination Policy:
A Commitment to Valuing Diversity

I. Preamble
Universities have a deep obligation to value diversity among people
and among ideas and, at the same time, not 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.
II. General Policy
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.
III. Programmatic Responses
- 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 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
intolerance 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
(“System-wide Grievance Procedure - Discrimination
Complaints for Employees Not Covered by Existing Regulation”
or Executive Order 675 System-wide Complaint Procedure for
Discrimination Complaints by Employees Not Eligible to File
a Discrimination Complaint or Grievance Under a Collective
Bargaining Agreement.
IV. Guidelines for Establishing Campus Procedures for the
Resolution of Complaints Filed Under the Provisions of the CSUF
Nondiscrimination Policy
The procedure shall conform to the following general
principles:
- The first and prior 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 UPS 240.000 priority over, confidentiality and a
preference for informal dispute resolution.
UPS 240.00
Effective: February 15, 2005
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