ADMINISTRATION AND FINANCE

 

 

                        HEALTH AND SAFETY

 

 


PM 99-04, Section 6                                                                                                5/17/99

President Herbert L. Carter

 

 

Campus Smoking Policy

[Supersedes PM 91-01]

 

 

California State University, Dominguez Hills has a responsibility to its students and employees to provide a safe and healthful learning and working environment.  The University recognizes the harmful effects of involuntary contact with smoke.  It also recognizes the need to preserve the reasonable individual rights of smokers as long as doing so does not interfere with the right of the non-smoker to a smoke-free environment.

 

The following policy shall be effective immediately:

 

1.                  Smoking is prohibited in all campus buildings, including offices, work areas, classrooms, lecture halls, laboratories, libraries, theaters, practice rooms, listening rooms, gymnasiums, kitchens, hallways, stairwells, elevators, eating areas and restrooms.  Certain areas external to buildings which do not have adequate ventilation (e.g., patios, stairways and walkways) may also be designated as non-smoking areas by the Director of Environmental Health and Safety.

2.                  Smoking is prohibited in all State automobiles, vans and trucks.

3.                  Exceptions include designated smoking areas, Student Housing (which shall be governed by its own policy) and the Velodrome (which shall be governed by the Velodrome Governing Board).

4.                  When artistically required, smoking is permitted as part of a university-sponsored theatre or dance performance/rehearsal.

 

Effective implementation of this policy depends upon all members of the University community acting with common courtesy and sensitivity to others.  Members of the campus community who willfully violate the University smoking policy will be subject to disciplinary action through recognized administrative channels and/or in accord with the applicable collective bargaining agreement.  Alleged violations of this policy should be reported through the appropriate complaint procedure.  There shall be no reprisals against anyone seeking assistance in enforcing this policy.  For information regarding the appropriate procedures, please contact the following:  for faculty, the Associate Vice President for Faculty Affairs; for students, the Vice President for Student Affairs; and for staff, the Director of Human Resources Management.

 

New employees will be notified of the policy by the Human Resources Management Office upon employment.  This policy shall be included in the University Catalog, Schedule of Classes and other informational publications.

 

Appropriate signs designating no smoking and smoking areas shall be posted.  At least one copy of this policy shall be posted in each campus building.

 


PM 87-18                                                                                                                  7/29/87

President John A. Brownell

 

 

Hazard Communication

 

 

Hazardous substances in the work place in some forms or concentrations can pose potential acute and chronic health hazards to employees who are exposed to these substances.  Employees have a right and a need to know the properties and potential hazards of substances to which they may be exposed, and such knowledge is essential to reducing the incidence and cost of occupational disease.

 

It is the policy of California State University, Dominguez Hills insofar as is reasonable and practical, to ensure that employees know the properties and potential safety and health hazards of the materials which they use or to which they are exposed.  Employees who use or may be exposed to potentially hazardous substances or harmful physical agents shall be informed about the hazards of those substances and physical agents and shall be trained in the precautions to take to prevent exposure and what to do if they are accidentally exposed.  No employee shall engage in or be required to perform any task which is determined to be unsafe or unreasonably hazardous.

 

The university shall make available to appropriate employees information it has about any substances listed in the NIOSH Registry of Toxic Effects of Chemical Substances which employees may use or to which they may be or have been exposed.

 

The complete Hazard Communication Manual is available through your Dean’s or Director’s Office.  Questions concerning Hazard Communication may be directed to Mr. Steven Doyle of the University Personnel Office*.

 

*Currently, contact Mr. Marco Guardi, Director, Risk Management/Environmental Health & Occupational Safety (EHOS).

 

 


PM 99-04, Section 5                                                                                                5/17/99

President Herbert L. Carter

 

 

Campus Policy on Alcohol and Substance Abuse

 

 

I.          Policy Goal

 

California State University, Dominguez Hills has a responsibility to maintain an educational environment conducive to academic achievement.  The prohibition of illicit drugs helps to assure students, faculty and staff that the University is exercising this responsibility.

 

II.         Policy Statement

 

The unlawful manufacture, distribution (by either sale or gift), dispensing, possession or use of alcohol or a controlled substance is prohibited anywhere on the campus of California State University, Dominguez Hills.  Actions that will be taken against those who violate this prohibition are delineated elsewhere in this policy.

 

For the purpose of this policy the term controlled substance has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802) and includes, but is not limited to, marijuana, cocaine, cocaine derivatives, heroin, “crack,” amphetamines, barbiturates, LSD, PCP, and substances typically known as “designer drugs” such as “ecstasy” or “eve.”  Possession of paraphernalia associated with the illegal use, possession, or manufacture of a controlled substance is also prohibited.  The illicit use of alcohol is also included in this policy.

 

III.       Authority

 

            The President has designated the Vice President for Student Affairs to act in all

matters pertaining to the enforcement of this policy with regard to students; the

Vice President, Academic Affairs to act in all matters pertaining to the

enforcement of this policy with regard to faculty; and the Vice President for

Administration to act in all matters pertaining to the enforcement of this policy for

all other employees.  In all cases of alleged violations of this policy the Chief,

State University Police will be contacted.

 

IV.       Disciplinary Actions and Penalties

 

Disciplinary action imposed by the University will not be in lieu of penalty, fines or imprisonment imposed through the legal system.

 

Disciplinary action for students, which may include penalties up to and including expulsion, will comply with procedures established in Executive Order 628 and outlined in the Students’ Handbook of Rights and Responsibilities.

 

For employees, appropriate personnel action will be taken within 30 days, and may include penalties up to and including termination.  Disciplinary action for employees will be conducted in accordance with current collective bargaining agreements and HEERA procedures.

 

V.        Dissemination

 

Under this policy, there will be an annual distribution of the following information to each student and employee:

 

A.     A statement of standards of conduct that clearly prohibit, at a minimum, the

unlawful possession, use or distribution of drugs and alcohol by students and employees on CSUDH property;

B.     A description of the applicable legal sanctions under local, State, and Federal

law for unlawful possession, use, or distribution of illicit drugs and alcohol;

C.     A description of the health risks associated with the use of illicit drugs and alcohol;

D.     A description of drug and alcohol counseling, treatment and rehabilitation programs available to students and employees;

E.      A clear statement that this institution will impose sanctions on students and employees and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct.

 

All new employees will be notified of this policy at the time of employment as well as annually.

 

VI.       Evaluation

 

            A biennial review of this policy and related programs will be conducted to

 

A.     determine its effectiveness and implement changes to programs if they are

needed; and

B.     ensure that the policy and its disciplinary processes and sanctions required by

paragraph IV are consistently enforced.

 


PM 99-04, Section 1                                                                                      5/17/99

President Herbert L. Carter

 

 

Policy on Possession and Consumption of Alcohol

[Supersedes PM 83-14]

 

I.                    General Provisions

 

A.   Purpose

This policy is designed to regulate the possession and consumption of alcohol on campus by members of the University Community and by recognized university organizations and departments.  The privilege of consuming beer or wine is extended with the expectation that these activities are to be held under conditions which complement the orderly operation of the University.  Off-campus groups and organizations contracting with the University for use of facilities are also subject to these regulations.

 

B.                 Prohibited Possession or Use of Alcoholic Beverages

The possession, sale, serving or use of distilled spirits on campus is prohibited at all times except within the privacy of individual living units in University Housing.  The possession, sale, serving or use of beer or wine on campus is also prohibited at all times, except as allowed under the alcoholic beverage license managed by the CSUDH Foundation Campus Dining Services or within the privacy of individual living units in University Housing.

 

C.                 Restriction Based Upon Age

California state law imposes criminal penalties for the possession or use of alcoholic beverages by persons under 21 years of age and for persons who furnish, give, sell or cause to be sold, furnished or given away, any alcoholic beverage to a person under the age of 21.  (State Alcoholic Beverage Control Act, Sections 25658-25665.)

 

D.                 Definitions

·        “Serve” means to give away or provide at no cost.

·        “Sell” means to give or exchange for money, tickets, tokens or anything else of value, directly or indirectly.

·        “Appropriate university official” shall include a University Police officer or the administrator assigned to be present at the event or his/her designee.  Or if the occasion should require it, any administrator senior to the designee.

·        “Closed Catered Events” means events catered by the Campus Dining Services that are by invitation only.

 

E.                  Authority

This policy is promulgated under the authority of the California Education and Administrative Codes, subsequent resolutions and standing orders of the Board of Trustees and Chancellor of the California State University, and responsibility of the President of the University for the general welfare of the campus.

 

II.                 Conditional Use of Beer or Wine

 

A.        Officially recognized campus organizations (student, staff, faculty, and

administrative) may sponsor an event on campus at which beer and/or

wine is served.  In sponsoring such event, the organization and its officers

accept the following responsibilities and conditions:

1.         To observe all applicable state laws and university policies,

including compliance with the application procedure;

2.                  To maintain decorum appropriate to the University setting (The sponsoring organization shall cease serving beer or wine at the request of an appropriate university official.);

3.                  To limit participation to the membership of the sponsoring organization and its invited guests only and for a specific time frame only;

4.                  To refrain from advertising to the public on or off campus the availability of alcoholic beverages;

5.                  To provide for the distribution of non-alcoholic beverages other than water at any event where alcohol beverages are served;

6.                  To assure that no minor or intoxicated person is served alcoholic beverages; and

7.                  To assure that consumption and service of the beer or wine is at or in the facility designated for the event.

 

B.         Beer or wine may only be sold or served by the Campus Dining Services.

1.         Selling beer or wine includes an exchange for money, tickets, tokens or anything else of value.

2.            If admission charges are made for the function, alcoholic

beverages cannot be served as a part of the admission price.

3.           Generally sales of beer or wine will be in conjunction with food

service.

 

C.        Restrictions to the University’s Alcohol Beverage License.

1.         Beer and wine can only be served or sold in the following locations:

a.         The Bistro Food Service area in the University Student Union.

b.                  The Olympic Velodrome

c.                   At closed events catered by the Campus Dining Services.

 

III.  Administrative Responsibility for Policy Implementation and Enforcement

 

A.                 Policy Implementation

1.                  Student Organizations may request permission to sponsor an event at which beer and/or wine are to be served by following the Event Planning process with the Student Union and Activities Office at least six [6] weeks before the proposed event.  Depending upon the nature of the event and the facility requested, more time may be required.  The source of funds to pay for any beer or wine served shall be included on the request.  Money allocated from Associated Students, Inc., the Loker University Student Union, State funds or funds paid as a part of student’s mandatory fees cannot be used to purchase beer or wine.  The request shall also affirm that the payment of an admission charge to the event is not a precondition to being served beer or wine.  In addition to this procedure for requesting permission to serve beer or wine, established procedures for reserving university or Student Union facilities and all other event planning procedures set forth by the Student Union and Activities Office shall be followed.  If the Student Union and Activities Office denies an application, the sponsoring group may appeal to the Vice President for Student Affairs, whose decision will be final.

2.                  Faculty or Staff Groups may request permission to hold a group sponsored event at which beer and/or wine are to be served by submitting an application to the Director of Campus Dining Services or designee at least ten (10) working days before the proposed event.  If the application is denied, the group may appeal to the Executive Director of the Foundation.

3.                  University Related Groups (for example, the Alumni Association) may request permission to hold a group-sponsored event at which beer and/or wine are to be served by submitting an application, approved by the university liaison for that group, to the Director of Campus Dining Services or designee at least 10 working days prior to the proposed event.  If the application is denied, the group may appeal to the Executive Director of the Foundation.

4.                  Off-campus Groups (not university related) shall be limited by the terms of their written contract with the Campus Dining Services.

 

B.                 Policy Application—Off-Campus Events

University groups or organizations holding university events in a restaurant, club, hotel, etc., where alcoholic beverages are normally served may make special arrangements for the serving of those beverages at off-campus functions.  They are subject to state law for purchasing (no state, Loker University Student Union or Associated Students, Inc., funds may be used) and/or supplying alcohol beverages to any minor.  The university exercises no supervision and assumes no responsibility to control the serving or consumption of alcoholic beverages off the university premises.

 

However if a university group appears to encourage or tolerate the misuse or abuse of alcohol at off-campus events, appropriate disciplinary action may be taken after an investigation.

 

C.                 Policy Enforcement

1.                  The Vice President for Student Affairs is responsible for the general enforcement of this policy and the approval of application in coordination with the Student Union and Activities Office when a student group is involved.

2.                  The Executive Director of the Foundation is responsible for the general enforcement of this policy and approval of application (in coordination with the Director of Campus Dining Services) for all non-student groups.

3.                  The University Police will assist with enforcement of this policy for protection of security and to enforce applicable laws.

4.                  Campus Dining Services staff will assist with enforcement of this policy for protection of the Alcoholic Beverage License and to ensure that applicable laws are enforced.

5.                  Violations of this policy by individuals may cause disciplinary action to be taken.

6.                  Violation by any university or student club or organization or related group could, after notice and hearing, be cause for the withdrawal of certain campus privileges or loss of recognition of the organization or denial of the use of campus facilities.

 

CALIFORNIA STATE UNIVERSITY, DOMINGUEZ HILLS

APPLICATION FOR PERMISSION TO SERVE BEEN OR WINE

 

 

Serving Date _________________________________

 

Serving Location _____________________________________________________

 

Serving Hours ____________  Estimated Attendance ___________________ Beverage to be Served ______________________­­­

 

Name of Requesting Group ___________________________________________________________________________________

 

Type of Function ____________________________________________________________________________________________

 

In applying for permission to serve beer or wine at the above-described function, we assure the campus administration that

 

1.             Only members of this group and their invited guests shall attend this event.

2.             We shall provide adequate controls to ensure that all persons served beer or wine are at least 21 years of age and that there is at least one responsible group member for every 50 individuals in attendance.

3.             We shall abide by California laws regarding the use and sale of alcohol beverages, including specifically the provisions listed below:

a.        It is a misdemeanor to sell alcohol beverages on campus without a valid license from the Department of Alcoholic Beverage Control.  The Campus Dining Services holds that license and therefore is the only entity that may sell or serve alcoholic beverages.

b.        Prohibited sales include forms of indirect sales such as selling tickets or chits, which may be exchanged for drinks.

c.        It is a misdemeanor to sell, furnish, or give away any alcoholic beverage to any person under the age of 21 years. (Business and Professions Code 25858)

d.        It is a misdemeanor to sell, furnish or give away any alcoholic beverage to any obviously intoxicated person.  (Business and Professions Code 25602)

4.             Groups that are serving beer or wine must provide for non-alcoholic beverages, other than water, for persons under

21 years of age in attendance or those who prefer non-alcoholic beverages

 

Type of beverage other than beer or wine to be served ____________________________________________________________

 

Source of funds used to purchase beer or wine ___________________________________________________________________

 

Admission charge  ________ No  __________ Yes (explain)

 

 

I have read the “University Policy on the Possession and Consumption of Alcohol” and hereby agree to abide by the provisions stated therein.

 

Name & Title _______________________________________________________  Phone Number __________________________

Date _______________

 

Signature of Representative ________________________________________________  Date _____________________________

 

 

Organization’s Advisor/Liaison _______________________________________________ Phone Number ___________________

 

Date ________________  Approval Granted ____________ Denied __________________ Date ____________________________

 

Director, Campus Dining Services ______________________________________________________________________________

 

Vice President, Student Affairs/Designee ______________________________________________________(student groups only)

                                [For student groups, a copy of the approved Event Planning Form must accompany this form.]

 

 

 

                AN APPROVED COPY MUST BE ON FILE WITH THE UNIVERSTIY POLICE IN ADVANCE OF EVENT.

 

 


PM 96-01                                                                                                                  5/29/96

President Robert C. Detweiler

 

 

Policy on Sexual Assault

 

 

I.  Objectives

           

California State University, Dominguez Hills strives to provide an optimal environment for growth and learning.  The campus community has a right to pursue these goals in an atmosphere conducive to personal safety.  All forms of sexual assault are acts of aggression or violence against individuals.  A sexual assault perpetrated on campus or in a campus-affiliated location will be investigated for possible disciplinary actions and/or criminal prosecution.

 

II. Definition of Sexual Assault

 

Any involuntary sexual act in which a person is threatened, coerced or forced to comply against her/his will.  Such acts include, but are not limited to rape (including “acquaintance rape”), forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

 

III. Procedures for Notification of a Sexual Assault

 

All incidents of sexual assault should be reported to the Department of Public Safety (University Police), either directly by the victim or with the consent of the victim.  The Department of Public Safety will notify the Vice President for Student Affairs of all sexual assault reports, and will also notify other departments on campus, as appropriate, on a need-to-know basis.  Protection of the identity of the victim will be of the highest priority in making such notifications.

 

If the victim reports a sexual assault to someone on campus other than the Department of Public Safety, that person should encourage the victim to contact that department.  If the victim cannot be persuaded to report the incident to the police, she/he should be referred to the Health Center, the Counseling Center, the Women’s Center or the Vice President for Student Affairs for assistance and support.

 

IV. Responsibilities of the Department of Public Safety

 

1.                  All reports of sexual assault will be thoroughly investigated by the university police.  Arrests will be made when appropriate.  If indicated, results of investigations will be submitted to the District Attorney’s office for evaluation for criminal prosecution.

2.                  University police will inform victims of their legal rights and options, including criminal prosecution, civil prosecution, Victim’s Assistance aid, the disciplinary process through the university, and the availability of mediation.

3.                  University police will apprise victims of resources available to them on campus, including health and counseling services.  They will also advise the victim of the availability of sexual assault assistance programs off campus.

4.                  If necessary or indicated, an officer will transport the victim to an appropriate emergency medical facility for treatment and/or evidence collection.  Officers will inform the victim of the right to have a friend/family member accompany them to the hospital.  When possible, a same-sex officer will be assigned to interview the victim and provide transport to the medical facility.

5.                  The Department of Public Safety will notify the campus community of all incidents of rape, and of all other incidents of sexual assault as appropriate.  Notification shall occur as soon as possible by way of a written “Crime Alert Bulletin” and shall be widely disseminated.  Only those details of the assault which are essential to the health and safety of the campus community shall be released.  Public Safety will also notify parents or relatives of the victim as appropriate and with the consent of the victim.

 

Responses to the media regarding any incident of sexual assault will be handled by the office of University Relations.  The name of the victim will not be disclosed in any notification, either to the campus community or to the media.

 

V,  Legal Reporting Requirements

 

      University police are responsible for the following reporting requirements:

 

1.      When victims are under 18 years of age, a Department of Justice form SS8583 must be submitted to the California Department of Justice in Sacramento.

2.      Statistics on sexual assaults must be made available to those who inquire about the occurrence on campus.

3.      Sexual assault could require completion of domestic violence-related calls for assistance – form BCS 715 under Penal Code Section 13730 (a) or Section P.C. 13700 (a).

4.      Monthly statistics will be submitted routinely to the Department of Justice.

5.      The university police Investigator has responsibility for maintaining and submitting all required legal reporting.

 

The campus has designated the Vice President for Student Affairs as the person responsible for collecting data on incidents of sexual assault on campus and at campus-related events.  The Vice President will also be responsible for insuring that information on incidents of sexual assault is reported through the President to the CSU Chancellor’s Office as required by AAES 87-07.

 

VI. Procedures and Guidelines for Campus Disciplinary Action

 

  1. Student Disciplinary Cases

 

The procedures utilized in cases involving sexual assault are governed by existing disciplinary policies set forth in California State University, Executive Order No. 148.  In cases where the accused is a student or student organization, the report should be made to the Vice President for Student Affairs, who will initiate appropriate action for investigating the complaint.  The disciplinary process requires that both the victim and alleged assailant will be informed of their legal rights.

 

    1. Victims of a sexual assault are entitled to information regarding the status of their case and its resolution.  Such information should be provided to the victim by the Vice President for Student Affairs or his/her designee, or the appointed Campus Discipline Coordinator.
    2. Victims will be informed of the need to identify both victim and the assailant in the investigation and hearing of either a student discipline case or a criminal prosecution.
    3. All current policies regarding confidentiality and students’ records will be followed in accordance with Federal and State laws and CSU policies.
    4. All reports and recommendations from a student disciplinary case will be forwarded to the Vice President for Student Affairs for final disposition.  The severity and number of sanctions applied in cases of sexual assault will depend on the nature of the case and the degree of complicity.  Any of the following are possible sanctions for students found guilty of such charges:

a.                   Expulsion

b.                  Suspension for a specific time

c.                   Barring of access to the campus

d.                  Disciplinary probation for a specific time

 

  1. Employee Discipline Cases

In cases in which the accused is an employee of the university, the report should be made to the Executive Vice President for Administration*, who will initiate appropriate action for investigating the complaint.  Both the victim and the alleged assailant will be informed of their legal rights.  All reports and recommendations resulting from such an investigation will be forwarded to the President for final disposition.  Possible sanctions for an employee found guilty of such charges include, but are not limited to

a.                   Termination

b.                  Suspension for a specific time

c.                   Formal reprimand

 

VII. Resources and Services

 

Any student, faculty or staff member of the university who is or has been the victim of a sexual assault on campus or at a campus-sponsored event is entitled to receive support services available on campus.

 

Counseling services are provided through either Health Programs and Psychological Counseling or Student Development.  Staff who have been trained in working with victims of sexual assault and other violent crime are available in each unit.

 

*Current title is Vice President for Administration and Finance.

Victims of sexual assault can receive first aid and urgent care in the Student Health Center.  Individuals needing a full medical evaluation, including evidence collection, will be referred and transported to a local emergency care facility or hospital equipped to provide those services.  The Student Health Center will also provide follow-up care to sexual assault victims, including STD and pregnancy testing, referrals for HIV testing, or addressing other health concerns that may be indicated subsequent to the assault.

 

Other offices on campus will as a matter of policy provide additional support services to students, including alternative housing assignments and academic assistance alternatives.  The Vice President for Student Affairs will insure that victims of sexual assault receive the necessary support services.

 

VIII. Prevention

 

The university believes it is important to offer preventive as well as ameliorative programming to deal with issues of sexual assault.  A number of offices have been providing such services and will continue to do so as a matter of policy.  Public Safety, Health Programs and Psychological Counseling, Student Development, Student Programs, Housing and the Women’s Center have been involved independently and jointly in providing workshops and seminars on crime prevention, rape prevention and “acquaintance rape” awareness.  A brochure we developed entitled “About Rape” has been widely disseminated on campus for several years.  It includes information about on and off-campus resources available to students.  The university will continue to seek additional activities which address increased awareness and prevention of incidents of sexual assault.

 


PM 99-02                                                                                                                  3/29/99

President Herbert L. Carter

 

 

Sexual Harassment Policy

[Supersedes PM 88-11]

 

            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:

 

 

 

 

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 student 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

 

*CSU System-wide Grievance Procedure—Discrimination complaints for employees not covered by existing regulation, January 19, 1998.

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 either unsatisfactory or inappropriate, the 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 cases, 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

________________________________________________________________________

 

  *Current title is Office of Equity and Internal Affairs, ERC B-505.]

**Current title is Special Assistant to the President for Equity and Internal Affairs.

 

            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 complainant 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 applicants, employees or employee applicants with a sexual harassment complaint may select from the options listed below.  Under extraordinary circumstances, timelines may be extended up to one year from the date of the alleged act.

 

Students 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.  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’s Executive 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 Equity and Internal Affairs, ERC B-505.]

 


PM 93-11                                                                                                                 12/17/93

President Robert C. Detweiler

 

 

University Aids Policies and Guidelines

[Supercedes PM 86-11]

 

*Adopted in part from the American College Health Association’s Task Force on the “Acquired Immunodeficiency Syndrome” statement and the Inter-Association Task Force on HIV Infection and AIDS.

 

 

 

AS OF 1992

 

AIDS is the second-leading killer of American men between 25-44, surpassing heart disease, cancer and suicide.

 

In America, women represent about 11.6% of the total AIDS cases.  There has been a 37% increase in AIDS cases in women over the past year.

 

Worldwide, 75% of all AIDS cases are the result of virus transmission through heterosexual sex.

 

It is estimated that by the year 2000, 55,000 college students in the state of California will be HIV positive.  There is a disproportionately high incidence among ethnic minorities, especially Latinos and African Americans.

 

HIV infection is potentially lethal, but preventable through education.  The primary response by California State University, Dominguez Hills at this time must be education.  The American College Health Association “recommends that the organization and implementation of effective educational programs about AIDS and HIV infection be an activity of the highest priority for all institutions of higher learning.  In designing the format and content of educational programs it is important to recognize and address the rich diversity of people in the campus community and to provide opportunities for effective learning by people of any age, ability, gender, ethnicity, or sexual orientation.”  It is within the context of this philosophy that these policies and guidelines were developed.  In addition, CSUDH policies and guidelines herein contained address all of the policy issues recommended by the Inter-Association Task Force on HIV Infection and AIDS.

 

The following policy and guidelines are provided in order to prevent the spread of the virus, to reduce fears and dispel myths, to protect the rights of persons with the Human Immunodeficiency Virus (HIV), and to create an informed and supportive campus community.

 

The University shall have a capable and well-informed public spokesperson(s), appointed by the President, who can answer questions about the University’s policies on HIV Disease and who is prepared to address the social questions, civil rights issues, and public health considerations surrounding the disease.

 

The University AIDS Committee is the coordinating committee and is charged with planning comprehensive educational programs and developing administrative procedures that address campus issues relating to HIV Disease.  The Committee will coordinate and promote HIV education programs for students, faculty and staff.  The University AIDS Committee will develop and maintain mechanisms which will ensure consistent and reasonable analyses and recommendations for HIV infected persons.  The Committee reports to the Vice President for Student Affairs.

 

Committee members are appointed by the Vice President for Student Affairs and represent a broad University constituency.  (See end of document for membership.)

 

  1. General Policies.  The following policies and guidelines are wide in scope, dealing with students and employees with HIV Disease.  It is important that these policies not become inflexible, irreversible or absolute.  The University must be able to respond to each case as required by its particular facts in a humane, moral, ethical and legal context.

 

  1. Institutional Committee.  The University AIDS Committee, with broad representation (see composition at end), is charged to:

 

a.                  provide consultations to departments and other similar units upon request either through its regular membership or sub-committee(s).  The principal purpose of these consultations is to assist units in dealing fairly and rationally with colleagues in the unit that have HIV Disease and to reduce ignorance, fear and anxiety.

 

b.                  provide centralized coordination of programs and activities associated with HIV Disease.  Persons seeking to offer educational programs for the campus should be provided assistance in terms of referrals, expertise and guidance.

 

A goal of the University AIDS Committee is to encourage and assist.  The Committee in no way will impede other units from presenting programs, courses, workshops, applying for grants or participating in other activities relating to AIDS education.

 

c.                   provide up-to-date HIV educational programs and information containing culturally sensitive material for faculty, staff and student use.  Educational programs should be offered on a regular basis.

 

The subject of HIV Disease and various medical, legal, ethical, political, social, and psychological issues arising from the disease are relevant to existing courses in health education, health sciences, clinical sciences, social sciences, biology, law, general studies and other disciplines.  Faculty are inspirited to incorporate “AIDS” topics into the curriculum and are encouraged to call upon the University AIDS Committee for assistance.

 

d.                  work with the President’s designee to maintain a speakers bureau with listings of competent experts in the field of HIV Disease who are known to be in the field of HIV Disease who are known to be sensitive to the needs of the CSUDH constituency.  The listings will include faculty, staff, and community resources.

 

e.                  work with the President’s designee to network with state and county health agencies and AIDS Centers as appropriate to assure currency and relevancy in the field.

 

f.                    review the policies and guidelines regarding HIV Disease annually, and report to the appropriate administrative and policy-making bodies.  Urgent developments should be brought to the focus of the campus community in a timely manner.

 

  1. Handicapping Conditions.  Persons with HIV Disease are considered to have handicapping conditions.  The legal rights of these individuals must be maintained and campuses must comply with the Americans with Disabilities Act of 1990.  Existing support services for people with handicapping conditions will be appropriately and effectively utilized by students or employees disabled by HIV infection.  The University will reasonably accommodate students and employees with HIV Disease in a manner consistent with those provisions normally afforded individuals with other medical problems.

 

Students, faculty and staff with HIV Disease are to be given assistance, consistent with other illnesses, in obtaining appropriate medical care, education, counseling and accommodations.  Persons with HIV Disease are considered disabled under state and federal law and should be provided with accommodations necessary to meet their disability-related needs.  A student may be served through state-funded Disabled Student Programs Services if the condition imposes functional limitations that impede access to the educational process.

 

  1. Admissions.  The existence of any form of HIV infection cannot be a consideration in any decision regarding admission to the University nor can it be a consideration regarding employment or performance evaluation.

 

  1. Attendance.  Students who have HIV infection, whether they are symptomatic or not, should be allowed regular classroom attendance in an unrestricted manner as long as they are physically and mentally able to attend classes.

 

  1. Access to Facilities.  There shall be no restriction of access to persons with HIV Disease to University facilities, i.e., residence halls, student housing, educational resources, student union, social, cultural and athletic events, dining areas, gymnasium, swimming pools, recreation facilities, and other common areas.  (This listing is exemplary and not meant as all-inclusive.)

 

Case-by-case decisions should be made with competent medical advice regarding the participation of students with HIV Disease in intramural or varsity sports.  The Athletic Department should be aware of procedures for dealing with blood spills that may result from athletic injuries.

 

7.      Residential Housing.  Decisions about housing for students with HIV infection must be made on a case-by-case basis.  The best currently available medical information does not indicate any risk to those sharing residence with infected individuals.  There may, however, be in some circumstances reasonable concern for the health of students with immune deficiencies (of any origin) when those students might be exposed to certain contagious diseases (e.g., measles or chicken pox) in a close living situation.

 

The Director of Student Housing should obtain and follow the policies suggested by the American College Health Association on accommodating students with HIV Disease in campus housing.  There is no medical or legal necessity to inform other students of the presence of a student with HIV Disease, and to do so could subject the University to liability for violation of the student’s rights.  It is important to provide education on HIV Disease and its modes of transmission to housing students.  Whenever possible and agreed to voluntarily by the affected student, living arrangements should be discussed with a roommate of a student with HIV Disease.

 

8.      Medical Care.  The following pertain to the provision of clinical services to people with HIV infection.

 

a.                  Medical History.  Questions not relevant to medical care are inappropriate.  It is, however, acceptable to encourage students with HIV infection to inform campus health care providers in order to enable them to provide proper medical care, support, counseling, and education.

 

In accordance with existing University procedures and requirements, an employee’s or student’s medical record is confidential information, and such information may not be released without the individual’s permission, except as otherwise provided by law.

 

b.                  Medical and Psychological Follow-Up.  Providers of health services and counseling should make provisions for medical, psychological, and support services which promote the best physical and mental health of persons with HIV infection.

 

The University will provide competent and culturally sensitive counselors and administrators capable of allying fears of employees and students concerned about persons with HIV Disease.

 

Regular medical and psychological follow-ups are to be encouraged for those with HIV Disease.

 

If these services are beyond the scope of the campus, competent practitioners and agencies will be identified who will see students/personnel by referral.  Referrals may be made in confidence if so requested.

 

c.                   Contagious Disease.  Special precautions to protect the health of immunologically compromised individuals should be applied during periods of prevalence of certain casually contagious diseases, such as measles and chicken pox.

 

Persons participating in laboratories in which known pathogens are present, who are immuno-compromised, should carefully consider the risks in consultation with their physician and the instructor of the laboratory.

 

d.                  Immunizations.  Persons known to have immune deficiencies should be excused from institutional requirements for certain vaccinations, especially measles and rubella; these vaccinations may lead to serious consequences in people with a poorly functioning immune system.  Such persons are not required to disclose the nature of their condition, but need only request an exemption for medical reason.

 

Clinicians in the Student Health Center should monitor recommendations concerning other immunizations in persons with HIV infection because of potentially serious consequences of their receiving live virus vaccines.  Some vaccines required for foreign travel may be deleterious to the health of persons infected with HIV.

 

9          HIV Antibody Testing.

 

a.                   Mandatory Testing.  No screening tests (clinical, psychological or laboratory testing) for HIV Disease are to be required by any agents of the University for any purpose.  No individual may be required to answer questions about whether he or she has HIV infection as a condition of admission, employment or enrollment.

 

b.                  Voluntary Testing.  The Student Health Center personnel should be familiar with sources of testing for antibody to HIV, and should be able to refer students or employees requesting tests.  Health care providers should understand the capabilities and limitations of the test, and should be able to counsel and educate persons who seek testing.  Administrators and clinicians must be familiar with state laws and public health requirements regarding charting of results, release of confidential information, and reporting of test results.

 

Whether the tests are performed through the Student Health Center or not, they should be done if and only if:

 

1.                  they can be confidential or anonymous;

 

2.                  positive results on the screening test (ELISA test) are confirmed by another procedure; and

 

3.                  both pre-test and post-test counseling are a mandated part of the program.

 

 

10        Confidentiality of Information.  People known or suspected to have HIV infection, whether or not they have symptoms of illness, have sometimes been victims of discrimination and physical or psychological abuse.  The potential for discrimination and mistreatment of these individuals, and of persons thought to be at risk of infection, requires that confidential information concerning any aspect of HIV infection be handled with extraordinary care.

 

a.                   Standards.  Guidelines concerning the handling of confidential information about people with HIV infection follow the general standards included in the American College Health Association’s Recommended Standards and Practices for a College Health Program.

 

In general, it is recommended that no specific or detailed information concerning complaints or diagnosis be provided to University personnel, students, and others without the expressed written consent of the patient.  This position with respect to health records is supported by the Family Education Rights and Privacy Act of 1974.

 

b.                  Release of Information.  No person, group, agency, insurer, employer, or institution should be provided any medical information of any kind without the prior written consent of the patient.  Given the possibility of unintended or accidental compromise of the confidentiality of information, health officers should carefully weigh the importance of including any specific information about the existence of known HIV infection in the ordinary medical record except when circumstances of medical necessity mandate it.  At minimum, the inclusion of any information regarding HIV infection in the medical record should be discussed with the patient prior to its entry.

 

c.                   Legal Liability.  Health officials and other institutional officers must remember that all confidential medical information is protected by Statutes and that any unauthorized disclosure of it may create legal liability.  The duty of physicians and other health care providers to protect the confidentiality of information is superseded by the necessity to protect others only in very specific life-threatening circumstances.

 

d.                  “Need to Know.”  The number of people in the institution who are aware of the existence and/or identity of students or employees who have HIV infection should be kept to an absolute minimum, both to protect the confidentiality and privacy of the infected persons and to avoid the generation of unnecessary fear and anxiety among other students and staff.

 

e.                   Informing Other Students or Employees.  These is absolutely no medical or other reason for institutions to advise students living in a residence hall of the presence there of students with HIV infection.  Similarly, officials should not reveal the identity of students or employees with HIV infection in any other setting.  The responsibility to provide a safe living environment is best dealt with by educational programming.  Sharing confidential information without consent may create legal liability.

 

f.                    Secondary Lists or Records.  Neither health officers nor other administrators should keep lists or logs identifying individuals tested for antibodies to HIV or other tests leading to a presumptive diagnosis or individuals known to be infected with HIV.  The potential for compromise of confidential information far exceeds any conceivable benefit of such listings.

 

g.                   Within legal reporting requirements, confidentiality of medical conditions will be maintained.  The expectation of confidentiality includes all University personnel, faculty, staff and students.

 

  1. Safety Precautions.  The University will adhere to safety guidelines as proposed by the United States Public Health Service for the handling of the blood and body fluids of all persons, not just those previously known to have HIV infection.  These “universal precautions” are necessary because many people with HIV infection are not identified in advance.  The same procedures should thus be followed by handling the blood and body fluids of any student or employee.

 

Laboratories.  All laboratories, student and research, in which body fluids are used must conform to the Centers for Disease Control guidelines for “universal precautions.”

 

Field Work.  Students, faculty and staff participating in field work experiences involving body fluids must be instructed on the hazard(s) and provided with protective attire consistent with the guidelines set forth by the California Public Health Service and the Center for Disease Control.

 

Faculty and supervisors should provide educational programs about HIV infection and its transmission to all students and participants in laboratories and field trips in which contact with body fluids is a possibility.

 

  1. Support Services.  The psychosocial consequences of actual or feared HIV infection are such that students and employees may experience enough suffering to impair their health, interfere with academic or work performance, cause extreme psychological distress, disrupt plans and cripple relationships.  Support services through which concerned persons can receive counseling, assistance in locating and using social resources, and referrals for further assistance should be identified.  These needs may be met through existing student services or employee assistance programs or by identifying community-based resources for referrals.

 

13.  Harassment.  As a result of the fear, anxiety, and anger that many people feel in

       reaction to AIDS, some students or employees who are either known to be or are

            suspected of being infected with HIV may be subjected to emotional and/or

physical abuse.  All such occurrences are intolerable.  University administration

should move quickly and effectively to deal with any incident of harassment or

psychological or physical abuse inflicted on students or employees who may have

or are suspected to have HIV Disease.

 

Refusal to work with a person who has HIV Disease shall not be allowed to excuse an employee from fulfilling assigned responsibilities.

 

14.       Miscellaneous

 

            Child care centers and other similar programs should follow the guidelines

developed by the Centers for Disease Control for education and foster care of

children with HIV Disease.

 

No special precautions beyond ordinary standards of good personal hygiene and

food sanitation are necessary for food service workers.

 

            Appropriate campus personnel (e.g. Student Health Center staff, campus police,

the housing director, key administrators and faculty) will receive training

concerning HIV Disease on a periodic basis.  Training should include such topics

as updated epidemiological data, modes of transmission, cultural and ethnic

concerns, symptoms, and the care and handling of persons with HIV Disease in

crisis.

 

 

 

UNIVERSITY AIDS COMMITTEE MEMBERSHIP

 

Director, Health Programs and Psychological Counseling

            (permanent position, committee chair, provides staff support)

 

One faculty member from each of the Schools

            (recommended by the Dean, two-year term)

 

Two University at-large members

            (appointed by the Vice President for Student Affairs, one-year term)

 

One faculty representative from the Senate

            (elected by the Senate, two-year term)

 

The Associate Vice President for Faculty Affairs or designee

            (permanent position)

 

One staff member, from the Personnel Office*

            (recommended by the Personnel Director, one-year term)

 

One staff member from the Staff Council**

            (recommended by the Staff Council, two-year term)

 

One Associated Student Representative

            (recommended by the ASI President, one-year term)

 

One Student Health Center Representative

(recommended by the Director, Health Programs and Psychological Counseling, one-year term)

 

 

NOTE:  Members are eligible for re-appointment upon recommendation.

 

 

 

 

*Currently, the Office of Human Resources Management

**Staff Council no longer exists; staff member is appointed by the President or designee.