| This executive order is issued pursuant to authority
granted by Sections I and II of the July 14, 2004 Standing Orders
of the Board of Trustees of the California State University. This
executive order applies to all California State University campuses
and the Office of the Chancellor.
A. Policy
The California State University (CSU) is committed to maintaining a work
environment where every employee, applicant, and independent contractor is
treated with dignity and respect. CSU will not tolerate unlawful harassment
based on race, color, religion, national origin, ancestry, age, sex, sexual
orientation, marital status, veteran status (as defined by the Vietnam-Era
Veterans' Readjustment Assistance Act of 1974, as amended), physical disability,
mental disability, or medical condition.
Individuals covered within the scope of this executive order who believe
they have been subjected to harassment should promptly report it to the campus
administrators designated to receive harassment complaints.
CSU will respond to all harassment complaints brought to its attention in
a timely and appropriate manner. If the complaints have merit, CSU will
promptly take actions to prevent recurrence and remedy the effects of the
harassment. Persons who engage in harassment may be subject to discipline
up to and including discharge. In determining whether the conduct at issue
violates this policy, the totality of the circumstances shall be considered.
To prevent harassment, it is critical that individuals not be deterred
from reporting it. CSU will not retaliate, nor will it tolerate retaliation.
B. Application
This systemwide policy prohibits: 1) harassment of any employee, applicant,
or independent contractor; and 2) retaliation against such an individual for
reporting conduct the individual reasonably and in good faith believes is
harassment or participating in any investigation of harassment
C. Definitions
Harassment
Harassment occurs when unwelcome conduct is engaged in because of a protected
status of an individual, which include race, color, religion, national origin,
ancestry, age, sex, sexual orientation, marital status, veteran status,
physical disability, mental disability, or medical condition, and:
- 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 or threatened to be used as the basis for employment or assessments
affecting an individual; or
- Such conduct is so severe or pervasive that its effect, whether or not
intended, is a work 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.
Harassment can be written (in print or electronically), verbal, visual, or
physical. Examples of harassment include:
- Written communications, such as sending inappropriate jokes or comments
in print or by e-mail;
- Verbal communications, such as making graphic or degrading comments about
an individual and/or his or her body or personal characteristics, or using
epithets, derogatory comments or slurs;
- Physical acts, such as unwanted touching, physical interference, or even
assault;
- Visual acts or displays, such as derogatory cartoons, drawings, or
posters, or inappropriate gestures.
- Making unwelcome sexual advances or propositions, or offering employment
benefits or giving preferential treatment in exchange for sexual favors;
- Making or threatening reprisals after a negative response to unwelcome conduct
"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; and pregnancy; childbirth; or medical conditions related to pregnancy
or childbirth.
Sexual harassment is prohibited whether perpetrated by a CSU employee or a
non-employee. Where the CSU employee who engages in unlawful sexual harassment
is a supervisor or manager, the conduct is especially invidious. Sexual
harassment may be perpetrated by someone who is of the same sex as the victim.
The person who complains of sexual harassment may be the victim toward whom
the harassing conduct was directed or a third party who witnessed the harassing
conduct.
Employee
"Employee" includes any full- or part-time CSU employee, whether permanent,
tenured, probationary, temporary, intermittent, casual employment, or Management
Personnel Plan employee.
Applicant
"Applicant" refers to an individual who has completed the application
process for a specific, available position at a CSU campus or at the
Chancellor's Office.
Independent Contractor
"Independent contractor" refers to "a person providing services pursuant to
a contract." As defined by the Fair Employment and Housing Act, "a person
providing services pursuant to a contract" is a person who meets all of the
following criteria:
- The person has the right to control the performance of the contract for
services and discretion as to the manner of performance.
- The person is customarily engaged in an independently established business.
- The person has control over the time and place the work is performed,
supplies the tools and instruments used in the work, and performs work that
requires a particular skill not ordinarily used in the course of the
employer's work.
Disability
A person with a "disability" is a person who:
- Has a physical or mental impairment which limits one or more major life activities; or
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
Medical Condition
Medical condition" means:
- A health impairment related to a diagnosis of cancer or a record or
history of cancer; or
- A genetic characteristic that is known to cause a disease or disorder,
or to statistically increase the risk of developing a disease or disorder,
but currently is not manifested in any symptoms of the disease or disorder.
D. Policy Implementation
The chancellor and the presidents, or their designees, shall be responsible
for implementing this systemwide policy at each campus. This includes, but
is not limited to, publicizing the policy, conducting training, and establishing
an administrative structure consistent with this executive order that
facilitates the prevention and elimination of unlawful harassment.
Training & Internal Communication
To prevent harassment and encourage the reporting of harassment, training
shall be provided by each campus to all employees upon their initial arrival
at the campus. Such training shall explain, but not be limited to: what
constitutes harassment under applicable law; the rights and responsibilities
of each individual relating to workplace harassment; the protection against
retaliation for individuals who report harassment or participate in an
investigation; the internal complaint procedures for filing, investigating and
resolving a harassment complaint; and the option and method for filing a
harassment complaint with external government agencies such as the Department
of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity
Commission (EEOC). After training has been given to employees upon their first
arrival at the campus, training shall be provided, when necessary, to refresh
and update employees' knowledge of harassment and retaliation laws.
Recent amendments to FEHA include additional training requirements for
supervisory employees, who generally must receive at least two hours of
interactive sexual harassment training within six months of assignment to a
supervisory position, and continued training every two years.
Each campus should ensure that the requisite training is provided and
maintain documentation of the provided training.
Each campus shall distribute a copy of the following documents to all
employees upon their first arrival at the campus. It is recommended that
this information be made accessible for reference to current employees annually.
- The DFEH pamphlet "Discrimination and Harassment in Employment are
Prohibited by Law" [DFEH-162 (04/04)];
- This executive order, or a superseding document, if applicable;
- Executive Order 883, or a superseding document, if applicable; and
- Executive Order 675, or a superseding document, if applicable.
Each campus shall obtain the poster on discrimination in employment from
the DFEH, or create an equivalent document, and shall post such poster/document
in prominent and accessible locations on campus.
The chancellor and the presidents, or their designees, shall designate the
individuals responsible for receiving and investigating complaints of harassment
on their respective campuses. Once selected, each campus shall publicize the
job titles, phone numbers and addresses of these individuals. Their job titles,
rather than names, should be publicized so as to eliminate confusion when
there is a staffing change. Training shall be provided to these individuals,
as needed, to update their knowledge and skills.
Complaint Processing
Complaints of harassment are processed in the same manner as complaints of
discrimination. The type of internal complaint procedure that is available to
each person for filing a discrimination complaint will vary depending upon two
factors: (1) the employment status of the person, and (2) the applicable
collective bargaining agreement. To direct a person who has a harassment
complaint to the appropriate complaint procedure, the campus should first
determine whether the person is an employee, applicant, or independent
contractor. If the person is an employee, the campus should next determine
if the employee is covered by a collective bargaining agreement.
Employees Covered by a CBA
Employees who are covered by a collective bargaining agreement that provides
a procedure for filing discrimination or harassment complaints shall be directed
to the relevant provision in the respective labor contract.
Where the collective bargaining agreement does not provide a procedure for
filing discrimination or harassment complaints or, where the collective
bargaining agreement does not provide for the type of discrimination or
harassment claim the employee articulates (e.g., co-worker harassment), the
employee shall be directed to Executive Order 675, or a superseding executive
order, if applicable.
Employees Not Covered by CBA
Employees who do not belong to a collective bargaining unit (e.g., MPP and
Confidential) shall be directed to utilize Executive Order 675, or a superseding
executive order, if applicable.
Applicants & Independent Contractors
There is currently no systemwide discrimination or harassment complaint
procedure for applicants or independent contractors. Yet, their harassment
complaints must be investigated and appropriate actions taken pursuant to this
executive order and in accordance with state and federal nondiscrimination
laws. Consequently, each campus shall provide for these investigations by
having in place a complaint procedure to handle harassment complaints from
applicants and independent contractors. Such a procedure shall designate
several persons to whom a report of harassment can be made. |
