Sexual Harassment Policy
I. Policy Statement
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 the
California Education Code 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.
II. Definition and Conditions of Sexual Harassment
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
individual;
- 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
[Citation: Equal Employment Opportunity Commission Guidelines on
Sexual Harassment];
- 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.
III. Policy Implementation and Dissemination
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.
IV. Guidelines for Establishing Campus Procedures for the
Resolution of Complaints Filed Under the Provisions of This Policy
The procedure shall conform to the following general principles:
- 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, Executive Order 419 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,
and should contact any of these offices for assistance:
Affirmative Action, Associate Vice President 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.
UPS 240.100
Effective: February 15, 2005
|
