CSU Chancellorís Office
Complaint Procedure for Discrimination, Harassment and
Retaliation Complaints by
Employment Applicants for Positions at the Chancellorís Office
This policy provides applicants for employment at the CSU Chancellorís Office the opportunity to file complaints alleging they were discriminated against or harassed on the basis of a protected status or they were retaliated against for raising a discrimination/harassment claim, filing a discrimination/harassment complaint or participating in a discrimination/harassment investigation.
- The California State University, Chancellorís Office (CSUCO) is committed to the equitable and prompt response to any allegation of discrimination, harassment or retaliation made by an applicant for employment to a position at the CSUCO.
- Should discrimination, harassment or retaliation be found to exist, all appropriate measures shall be taken to prevent recurrence and to remedy any effects on the complainant and others, if appropriate. Furthermore, should findings be made of discrimination, harassment or retaliation on the part of any CSU employee, appropriate action, including possible disciplinary action against the perpetrator, shall be taken under the direction of the chancellor or his/her designee.
This procedure shall apply only to job applicants for a specific position at the CSUCO who are not currently employed by the CSUCO, hereinafter ďapplicants.Ē
Job applicants who are currently employed by the CSUCO that wish to file a complaint for discrimination, harassment or retaliation must use the procedures in Executive Oder No. 928.
- "Complainant" refers to an applicant who is eligible to file, and has filed, a written formal discrimination, harassment or retaliation complaint under this policy.
- "Complaint" refers to a written formal allegation filed by a complainant under this policy.
- The terms "Respond" and "File" refer to personal delivery or deposit in the U.S. Mail, certified with return receipt requested. If personal delivery is used, the calendar date of delivery shall establish the date of response or filing. If certified mail delivery is used, the postmark shall establish the date of response or filing.
In order to use this procedure, an applicant must assert:
- A violation of CSU's systemwide policies against discrimination, harassment or retaliation; and
- The specific harm resulting from the alleged violation.
V. Filing of Complaint
- An applicant may file a written formal complaint as described V.B. below
- Thirty days after the event giving rise to the complaint; or
- Thirty days after the applicant knew or reasonably should have known of the event giving rise to the complaint.
To file a complaint, the applicant shall submit a signed statement containing all of the information below:
- The terms of the CSU systemwide policies against discrimination, harassment or retaliation alleged to have been violated and, if applicable
- The specific harm resulting from the violation.
- A detailed description of the factual events giving rise to the complaint.
- The complainant's name, address, home and work phone numbers, job title, and classification.
- The date the complaint was filed
- The complainant's signature.
The CSUCO administrator responsible for administering the CSUCO nondiscrimination, anti-harassment and non-retaliation policies, or the administrator designated by the chancellor, shall determine whether an investigation is warranted
If an investigation is deemed not warranted, the campus administrator shall respond to the complainant in a timely manner, explaining why no investigation is conducted.
If an investigation is deemed warranted, the investigator shall hold a meeting with the complainant at a mutually acceptable time and location.
The complainant shall inform the investigator of all issues and evidence known, or which could reasonably be known, to the complainant that are related to the complaint.
The investigator shall carefully review the issues raised by the complainant and conduct an investigation.
The CSUCO administrator shall respond to the complainant no later than sixty days after the filing of the complaint, unless an extension of the timeline has been obtained.
Generally, the CSUCO response should include a summary of the allegations, a description of the investigative process, the standard used to determine whether a violation of policy occurred, the evidence considered and a determination of whether the allegations were substantiated.
The CSUCO response in V. I. above shall be the final decision.
VI. General Provisions
- The person who conducts an investigation under this policy may be the CSUCO administrator in charge of administering CSU/CSUCO policies on nondiscrimination, anti-harassment and non-retaliation or someone else designated by the chancellor, provided that he/she shall be an MPP employee or an external consultant, who is not within the administrative control or authority of the person alleged to have discriminated, harassed or retaliated. All investigations under this policy shall be conducted in a reliable and impartial manner.
- CSUCO employees are required to cooperate with the investigation, be forthright and honest, and keep confidential the existence and details of the investigation.
- The investigation shall include, at a minimum, formal interviews with the complainant and the person alleged to have discriminated or harassed (i.e., the respondent).
- The complainant and the respondent shall have the right to identify witnesses and other evidence for consideration in connection with the investigation; however, the investigator may decide which witnesses are relevant to the investigation.
(1) Time limits set forth herein refer to working days, which are Monday through Friday, excluding all officially recognized CSUCO holidays.
(2) If the respondent, the witnesses, the campus administrator, the investigator, or the Chancellor's Office designee is on an approved leave, the time limits shall be extended by the length of time the individual is absent.
(3) CSUCO is not obligated under this policy to investigate a complaint not timely filed under its provisions. An untimely filed complaint may not be re-filed. Notwithstanding the foregoing, CSUCO shall investigate the underlying allegations in an untimely filed discrimination, harassment or retaliation complaint if CSUCO determines the circumstances warrant investigation. The investigation conducted in such a circumstance does not resurrect the applicantís complaint or permit a subsequent filing of that complaint. The response issued at the conclusion of the investigation will note that the complaint was untimely filed.
- If, after an investigation has been conducted, the CSUCO concludes it is reasonably likely that the CSU/CSUCO policy against discrimination, harassment or retaliation was violated, he/she will take prompt and appropriate measures to remedy any damage done by the violation and to prevent any further violations.