[Contents][Index] [Comment][CSUDH [AcademicAffairs]
Presidential Memoranda
Presidential
Memoranda - 1999
PM 99-01 Student Academic Petitions and Appeals Committee (Supersedes PM 88-05)
PM 99-02 Sexual HarassmentPolicy
(Supersedes PM 88-11)
California State University
Dominguez Hills
To: Campus Community
Date: February 25, 1999
PM 99-01 (Supersedes PM 88-05)
(Corrected)
From: Herbert L. Carter, President
Subject: Student Academic Petitions and Appeals Committee
The Student Academic Petitions Committee
(SAPC) will be eliminated.
The Student Academic Petitions and Appeals
Committee (SAPAC)shall be established to review and approve or deny petitions
concerning grade changes that are not subject to the Grade Appeals process and
withdrawals, both of which are exceptions to University policy, and other
appropriate petitions referred by the Registrar.
Petitions and supporting documentation are
reviewed by the appropriate faculty member, or, in the absence of the faculty
member, by the department/program chair, who recommends approval or denial and
signs the petition. Petitions are then reviewed by the appropriate
Instructional Dean or designee, who recommends approval or denial or forwards
them with a notation of no recommendation and signature. All petitions will be
sent forward from the Dean to the Registrar's Office, which will forward
appropriate petitions to SAPAC for final review. Steps in this process prior to
review by SAPAC are to be completed in a timely fashion. Decisions of SAPAC are
not subject to further review except by SAPAC when further documentation is
provided.
Petitions related to General Studies shall be
acted upon by the Coordinator of General Studies. Only in exceptional
circumstances will these petitions be subject to review by SAPAC. The
Coordinator of General Studies shall file an annual report to SAPAC.
The committee will be composed of a faculty
representative elected by each of the Schools or equivalent units, a student
representative designated by Associated Students Inc., and the Vice President
for Academic Affairs or designee. Representatives from Financial Aid,
Accounting Services, and Extended Education will be consulted and asked to
attend meetings as necessary.
The representatives of the Schools or
equivalent units shall serve overlapping two-year terms.
SAPAC shall file an annual report to the
Academic Senate, making recommendations as appropriate.
To: Campus Community
Date: March 29, 1999
PM 99-02 (Supersedes PM 88-11)
From: Herbert L. Carter, President
Subject: Sexual Harassment Policy
It is the policy of California State University,
Dominguez Hills, that the campus maintain a working and learning environment
free from sexual harassment of its students, employees, and those who apply for
student or employee status. All should be aware that California State
University, Dominguez Hills is concerned and will take action to eliminate
sexual harassment.
Sexual harassment includes such behavior as
sexual advances, request for sexual favors and other verbal or physical conduct
of a sexual nature directed towards an employee, student, or applicant when one
or more of the following circumstances are present:
·
Submission to or
toleration of the conduct is an explicitor implicit term or condition of
appointment, employment, admission oracademic evaluation;
·
Submission to or
rejection of such conduct is used as a basis for a personnel decision or an
academic evaluation;
·
The conduct has the
purpose or effect of interfering with an employee's work performance, or
creating and intimidating, hostile, offensive or otherwise adverse working
environment;
·
The 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.
In determining whether conduct actually
constitutes sexual harassment, the circumstances surrounding the conduct will
be carefully considered. However, where the facts support the allegations, all
appropriate measures including disciplinary action will be taken.
THE PROCESS
In order to ensure adherence with its Sexual
Harassment policy, California State University, Dominguez Hills has developed a
process for resolving sexual harassment complaints which stresses resolution
through mutually acceptable terms. This process, herein described, is available
to all students, employees, and those who apply for students or employee
status.
Employees of the University have the
additional option of utilizing the complaint or grievance processes provided by
their collective bargaining agreement or by CSU Executive Order 675*. Employees
who attempt to resolve sexual harassment complaints through the University
process do not forfeit their access to resolution under their collective
bargaining contract or CSU Executive Order 675*. Timelines prescribed for
contract employees by their collective bargaining agreements shall be tolled
until University process is completed.
The first step in the filing of a sexual
harassment complaint should ordinarily be contact with one of the several
appointed Sexual Harassment Prevention Advisors. These advisors, who include
faculty, staff and administrators, have been designated by the President to
hear charges of sexual harassment. Sexual Harassment Prevention Advisors have
the training and authority to seek solutions on an informal basis. A current
list of Sexual Harassment Prevention Advisors is available at Deans' offices,
the Information Center, the Associated Students Office, and other offices
throughout the campus, or from the Office of Diversity Issues & Employment
Practices located on the fifth floor of the ERC Building, Room B-518.
For those instances where informal resolution
is eitherunsatisfactory or inappropriate, matter will be referred to one of the
four individuals designated by the President to conduct formal sexual
harassment investigations. These four persons are the Vice President for
Student Affairs, the Associate Vice President for Faculty Affairs, the Director
of Human Resources, and the Assistant to the President for Diversity Issues and
Employment Practices. These officers of the University have been given the
authority to conduct formal investigations and to recommend appropriate remedy
including dismissal or disciplinary action.
In order to provide more information on this
subject, the University has prepared a pamphlet which describes sexual
harassment and suggests ways to handle it. The pamphlet is available at Deans'
offices, the Information Center, the Associated Students Office, and other
offices throughout the campus, or from the Office of Diversity Issues &
Employment Practices located on the fifth floor of the ERC Building, Room
B-518. Additionally, training sessions will be announced periodically for
University personnel. Attendance at these sessions is considered an obligation
of university employment. Cooperation from the entire university community is
essential to insure full compliance with this policy and the procedures
established for handling complaints.
LIMITS OF CONFIDENTIALITY
In most instances, efforts will be made to
resolve sexual harassment allegations in an informal manner. In other
chases, formal action may be necessary if the person being harassed is not
satisfied with the results of the informal process, or the University finds
formal action necessary.
Once the alleged sexual harassment is
reported, the decision to proceed with an investigation or to begin
disciplinary action does not depend on the specific consent of the individual
alleging sexual harassment. The University has the obligation to take
action whenever sexual harassment has been reported.
There is one exception to the above
paragraph. Where the complaint discusses a sexual harassment problem with
a campus psychological counselor or psychiatric consultant within the context
of a counseling session, such discussions shall remain confidential, unless the
complainant waives the confidentiality privilege. Counseling is available
to students at the Student Development Office, SCC C-128 and in Health Programs
and Psychological Counseling, SHC A-121. Faculty and staff may receive
consultations and referrals from either unit.
HOW TO FILE A SEXUAL HARASSMENT
COMPLAINT
Students student applicant, employees or
employee applicants want a sexual harassment complaint may select from the
options listed below. Under extraordinary circumstances, time lines may
be extended up to one year from the date of the alleged act.
Students may see informal resolution by contacting one of the Sexual Harassment
Prevention Advisors, or may file a formal complaint with one of the four
designated investigators. All complaints must be initiated within 30 days
of the alleged act of sexual harassment. Any related proceedings such as a
grade appeal or a grievance involving the same parties shall be held in abeyance
until the sexual harassment proceedings have been concluded.
As stated above, in most instances efforts
will be made to resolve sexual harassment allegations in an informal
manner. In other cases, formal action may be necessary if the person
being harassed is not satisfied with attempts at informal resolution, or the
University finds that formal action is necessary.
Employees covered by collective bargaining
units 2,5, 7, and 9 may seek informal
resolution by contacting one of the Sexual Harassment Prevention Advisors, or
may file a formal complaint with one of the four designated
investigators. Alternatively, they may utilize the complaint or grievance
processes outlined by their collective bargaining agreement. All
complaints must be initiated within 30 days of the alleged act of sexual
harassment.
Employees represented by bargaining unit 3 may seek informal resolution by contacting one of the
Sexual Harassment Prevention Advisors, or may file a formal complaint with one
of the four designated investigators. Alternatively, Unit 3 employees may
utilize the grievance procedures under their collective bargaining
agreement. All complaints must be initiated within 42 days of the alleged
act of sexual harassment.
Employees in bargaining units 1, 4, 6, 8,
confidential employees, and management personnel may seek informal resolution through the Sexual
Harassment Prevention Advisors, or by filing a formal complaint with one of the
four designated investigators. Alternatively they may use due
process procedures by filing a formal written complaint under the CSU Executive
Order 675*.
This policy. which implements the
Chancellor'sExecutive Order 345 and FSR 85-86, updates and supersedes PM 88-11.
CSU System-wide Grievance Procedure - Discrimination complaints for
employees not covered by existing regulation, January 19, 1998. Copies
available in the Office of Diversity Issues and Employment Practices, ERCB-518.