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Campus Life Policies  ·  Office of  Student Life

PM 07-03
03/01/07

Interim President Boice Bowman

Student Discrimination/Harassment Policy

It is the policy of California State University, Dominguez Hills to maintain a working and learning environment free from  harassment of its students based on color, race, religion, national origin, ancestry, age, sex, sexual orientation, martial status, covered veterans status, physical ability, metal disability or medical condition. Said harassment is illegal and such conduct is subject to disciplinary action being taken against the alleged harasser.  In the case of students and employees who are found to have engaged in such harassment, the disciplinary action includes the possibility of termination of University employment or expulsion from the University. Any discipline of an employee found guilty of discriminating/harassing a student shall be in accordance with the applicable provisions of the collective bargaining agreement that covers the affected employee and California Education Code Sections 89538 and 89539. For students found to have engaged in sexual harassment, the disciplinaryaction includes being expelled.

In determining whether conduct actually constitutes harassment, the circumstances surrounding the conduct will be carefully considered.  Where the facts support the allegations, all appropriate measures including disciplinary action shall be taken.
 

The Assistant Vice President of Human Resources (designee) and/or the Vice President of Student Services are responsible for: assisting students regarding alleged harassment and resolving situations in which harassment occurs or is perceived as occurring and conducting investigations and responding to allegations of harassment made by a student.

Students wishing to file a formal complaint are directed to contact the Vice President of Student Services (designee). If the campus administrator concludes that an investigation is warranted but the claimant declines to file a formal written complaint at this time, the investigation shall nevertheless be conducted.

A.     Definitions:

1. “Employee” includes any full- or part-time CSU employee, whether permanent, tenured, probationary, temporary, intermittent, casual employment, or Management Personnel Plan employee.

2. “Claimant” refers to a student who has made discrimination, harassment or retaliation claim under the terms of this Presidential Memorandum.

3. “Complainant” refers to a student who is eligible to file, and has filed, a written formal discrimination, harassment or retaliation complaint under the terms of this Presidential Memorandum.

4. “Complaint” refers to a written formal allegation filed by a complainant under the terms of this Presidential Memorandum.

5. “Student” refers to any person enrolled the academic program at CSU Dominguez Hills.

6. 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.

      B.  Level I:

1.      The affected student must complete the attached complaint form.  All sections of the form must be completed before an investigation will be initiated. The completed form must include a statement of the incident, what type of harassment is alleged and how the student has been harmed.

2.      The completed form must be submitted to the Vice President of Student Affairs (VPSA) within 15 calendar days of the alleged event. The Vice President shall assign the complaint to the Coordinator of Student Discipline (CSD)

3.      The CSD (designee) will meet with the affected student not later than 20 calendar days from receipt of the complaint form. The student may introduce any evidence including written documents during the course of the meeting. The CSD will conduct an investigation based on the facts presented. This includes taking witness statements from people who may have witnessed the incident. Witnesses will not appear at this meeting. It is the responsibility of the student to provide the names and phone numbers of any witnesses to the CSD at the time of the meeting.

4.      The student is entitled to have one representative of his/her choice.  However, neither the student nor the CSD may have an attorney present at the meeting. The CSD may also have another person present to assist with the meeting. The CSD is the only person authorized to allow the audio recording of the meeting.

5.      This meeting is not open to the public.

6.      The CSD shall issue a recommendation in writing to the VPSA not later than 30 calendar days from the day of the meeting. The letter will include a summary of the allegations, a description of the investigative process, the standard used to determine whether harassment occurred, the evidence considered and a determination of whether the allegations were substantiated. The VPSA will review the recommendation and issue a written decision to the affected student not later than 10 calendar days from receipt of the recommendation from the CSD.

7.      The response shall inform the claimant of his/her option for filing a written formal appeal at Level II, if he/she disagrees with the finding of the investigation, and the timeline for doing so.

       C. Level II:

1.      The complaint may file a Level II request for a hearing directly with the Assistant Vice President for Human Resources (AVPHR) not later than 10 calendar days from receipt of the Level I response as issued by the VPSA. The original form referenced in section B 1 above along with a copy of the written response issued by the VPSA as indicated in Section B 6 above must be included in the request.

2.      The AVPHR will meet with the complaint not later than 20 calendar days from receipt of the request for the hearing.

3.      The student is entitled to have one representative of his/her choice.  However, neither the student nor the AVPHR may have an attorney present at the hearing. The AVPHR may also have another person present to assist with the hearing. The AVPHR is the only person authorized to allow the audio recording of the hearing. It is the responsibility of the student to provide the names and phone numbers of any witnesses to the AVPHR at the time of the hearing.

4.      The meeting is not open to the public. No witnesses will testify at the meeting. It is the responsibility of the AVPHR to review at materials and facts presented by the complainant. The AVPHR will meet and take the statements of any witnesses that he/she thinks may have evidence that will help clarify the charges.

5.      The AVPHR will issue his findings and decision to the affected student not later than 30 calendar days from the day of the Level II hearing. The decision of the AVPHR is final and binding and no further appeals can be made.

         D. General Provisions:

Time limits set forth herein may also be extended by mutual agreement. If the University requests a time extension in order to conduct an effective investigation and the claimant/complainant does not agree, the University will issue a response within the timeline of this PM based on the information available at that time. The investigation shall continue until the University has satisfied its duty to respond appropriately to allegations of discrimination, harassment or retaliation have been discharged, provided the investigation is completed, no later than one hundred twenty days after the meeting is held between the complainant and the individual designated to respond.

1.      If, after an investigation has been conducted, the president concludes it is reasonably likely that CSUDH 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.

2.      Failure by the University to respond timely shall permit the complaint to be filed at the next level

This policy is to be administered by the Assistant Vice President of Human Resources. 

Campus Life Policies   ·   Office of  Student Life