I. University Policy Regarding Sexual Harassment

"It is the policy of the State of California to afford all persons, regardless of their sex, equal rights and opportunities in the educational institutions of the state." (Education Code, Chapter 2, Article 1, Section 200, 1996). "Sexual harassment of students is a form of sexual discrimination," which is prohibited by Title IX of the Education Amendments of 1972. [Sexual Harassment Guidance Harassment of Students by School Employees, other students, or Third Parties. Office for Civil Rights (OCR), U.S. Department of Education. March 1997]

All members of the campus community including students, faculty, staff, administrators and those who apply to be students, employees, contractors and vendors should be aware that California State University. Fresno (hereafter referred to as the university) will not tolerate behavior between or among members of the university community which constitutes sexual harassment and action will be taken to eliminate sexual harassment. Any form of sexual harassment is conduct subject to personnel action (including reprimand or disciplinary action). Cases concerning individuals not subject to university policy and subject to state laws will be referred to the appropriate state and federal agencies.

Freedom of Speech and Academic Freedom

It is recognized that legitimate political, social, ed~lcat~onal, religious or artistic expression is protected by the First Amendment and no speech or expressive conduct protected by the First Amendment shall be deemed to be sexual harassment

Generally, within an academic setting, speech or expressive conduct that is relevant to course content or a matter of public concern would be protected by academic freedom. For example, it might be appropriate to address sexual themes in some class situations, but not others. If a faculty member uses sexually-charged language to illustrate points in a course that bears no relationship to sex, the speech would not be protected.

To be protected, speech or conduct must be intended to advance the learning process. The law does not protect students from all discomfort. But neither the First Amendment nor academic freedom will protect sexual propositions, demands for sexual favors, or irrelevant and offensive speech that is directed at a student because of his or her gender, regardless of where such speech occurs - whether in the classroom. the faculty member's office, or elsewhere.

II. Legal Definition of Sexual Harassment

The California Education Code (Chapter 2, Article 2, Section 212.5, 1996) defines "Sexual Harassment" as follows

Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting under any of the following conditions:

(a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress.

(b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.

(c) The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.

(d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

Within this definition two distinct categories of sexual harassment claims are generally recognized:

(I ) Quid Pro Quo; and

(2) Hostile Environment

Quid Pro Quo

Within the university, "Hostile Environment" sexual harassment exists when unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature occurs; where such conduct has the purpose or effect of unreasonably interfering with a reasonable individual's work or educational performance or creating an intimidating hostile or offensive working or learning environment

• Unwanted sexual advances or propositions.

• Offering employment benefits in exchange for sexual favors.

• Making or threatening reprisals after a negative response to sexual advances.

• Intentional unwanted physical conduct (touching, patting, hugging, or brushing against a person's body, impeding or blocking  movement, assault).

• Visual conduct: Leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters.

• Verbal conduct: Making or using derogatory comments, epithets, slurs, jokes, verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations, sexually explicit statements, questions, or anecdotes. (Based on California Code of Regulations, Title 2, Division 4, Chapter 2, Subchapter 2)

Any one of the above mentioned types of behavior may constitute sexual harassment in an aggravated situation, however, "Hostile Environment" sexual harassment usually requires a continuous, severe and pervasive "course of conduct" encompassing more than one incident of the examples identified above. Although one incident might not constitute sexual harassment, it may nevertheless be unprofessional and inappropriate conduct in the workplace for which the university may take personnel action (including reprimand or disciplinary action).

IV. Procedures Addressing Student Respondents*

This policy addresses those situations where the complainant is student, faculty, staff or administrator and the respondent is faculty, staff, administrator or other member of the campus community. When the respondent is a student, the case will be handled by the Dean of Students and the actions of the university will be governed instead by CSU Executive Order No. 628 which is consistent with that portion of Title 5 that addresses student discipline at California State Universities (Chapter 1, Subchapter 4, Article 2, Sections 41301 and 41304, 1996). Specifically, "any student on a campus may be expelled, suspended, placed on probation or given a lesser sanction for . . . the following causes which must be campus related:

(e) physical abuse, on or off campus property, of the person or property of any member of the campus community or of members of his or her family or the threat of such abuse;

(k) abusive behavior directed toward, or hazing of, a member of the campus community.''

The term "member of the campus community" is defined as meaning CSU Trustees, academic, non-academic and administrative personnel, students and other persons while such other persons are on campus property or at a campus function.

The term "campus property" includes:

(a) real or personal property in the possession of, or under the control of, the Board of Trustees of the CSU, and

(b) all campus feeding, retail or residence facilities whether operated by a campus or by a campus auxiliary organization

V. Filing a Complaint

Any student, faculty, staff, administrator or other member of the campus community who feels he or she has been involved in an incident of sexual harassment may file a complaint with the Director of Human Resources by contacting 278-2364 and reporting orally or in writing.

Employees who are represented by collective bargaining agreements may elect to follow procedures outlined in their respective agreement. The chief stewards of Units 1, 2, 3, 4, 5, 6, 7, 8 and 9 may be consulted regarding the specific policies and procedures governing issues related to sexual harassment. Human Resources can provide the names and telephone numbers of the campus chief stewards.

* The respondent is the person against whom a complaint has been filed. The complainant is the person filing the complaint.

Employees who are not represented by collective bargaining agreements and faculty (Unit 3) have recourse through Executive Order No. 419 of the Chancellor's Office, "Systemwide Grievance Procedure - Discrimination Complaints for Employees NOW Covered by Existing Regulations."

The standard for timeliness is that a complaint be received within one ( 1 ) year of the time that the alleged event(s) occurred. Complainants should understand that as time passes, assessment becomes more difficult.. It is understood by the university, however, that the stress and fear that individuals who are subjected to sexual harassment may experience often complicate the decision to make a complaint. However, the university will investigate all complaints whenever they are brought forward. This provision is not intended to extend the statute of limitations that is provided by law.

VI. Reporting Allegations of Sexual Harassment

Those cases involving a student respondent will be referred to the Dean of Students, those involving a faculty respondent will be referred to the Associate Vice President for Academic Personnel and all others will be referred to the Affirmative Action Officer. In some situations, referral may vary.

VII Complaint Investigation and Mediation Procedures

Once a case has been referred to the appropriate principal investigator that individual may select an investigator/mediator from among the eight (8) appointed by the President to assist with or conduct the investigation and mediation. This is referred to hereafter as the Assessment Team. It should be noted that in those cases where the respondent is a student, Student Discipline Procedures (Executive Order No. 628) supersede Section VII of the present policy.

Prompt and equitable resolution of sexual harassment complaints are to be sought. There shall be resolution of a complaint (if resolution is possible) within a reasonable period of time which is usually forty-five (45) university working days of the filing of the complaint unless this time limit is extended by mutual agreement of the complainant and the Assessment Team. In cases where normal university break periods prevent timely resolution, the principal investigator shall inform all parties in writing that the time period will be extended as needed.

Notification of Respondent and Complainant

The Director of Human Resources will send to the respondent and the complainant a letter of notification indicating a complaint is being investigated, the date on which the investigation will be completed (i.e., forty-five (45) working days from receipt of the complaint), a copy of the university's Policy and Procedures Addressing Sexual Harassment and a statement that provides an explanation of options available to the respondent (e.g. right of representation) and consequences that may follow. Cases involving administrators will be referred to the appropriate Vice President, the President, or the Chancellor's Office. Complainants and respondents will be notified by the Vice President, the President or the Chancellor's designee.

Responsibilities and Role of the Assessment Team

If a signed written complaint has not been received from the complainant, the Assessment Team shall ask the complainant to describe the incident(s) in detail that has/have given rise to the complaint. It is the responsibility of the team to coordinate with the grade protest committee when complaints involve"mixed motives".

The Assessment Team will determine:

• if the complainant has university status (student? employee, etc.);
• if the alleged conduct violates university policy on sexual harassment;
• if the complaint is timely;
• if, by a preponderance of evidence*, the alleged act occurred;
• and will evaluate the situation as to such issues as (examples, not exhaustive):
• Whether the incident(s) was/were appropriate or inappropriate for the time, place and people involved.
• What was inappropriate?
• Whether there was any unwanted physical contact.
• Reaction to the incident.
• Whether it was possible to indicate that the behavior was unwanted and offensive.
• Effects of incident on complainant.
• Statements by any witnesses to the alleged incident.
• Evidence about the relative credibility of the complainant and the respondent.

* See Black's Law Dictionary for complete definition

Role of Assessment Team

If the Assessment Team determines that a timely complaint of sexual harassment has been received from a member of the university community, the Team will:

• encourage the complainant to submit a written statement of the allegations, including all of the relevant details and the remedy that he/she feels is appropriate;
• inform, in writing, the respondent of the complaint of the allegations and the remedy desired by the complainant;
• request a meeting with the respondent;
• inform the respondent of right to submit to the principal investigator a written response to the allegations;
• determine if resolution of the alleged conduct is appropriate for mediation,
• determine if there are individuals with direct information regarding the issue; and, interview them;
• determine the existence of any other evidence, including but not limited to documentary evidence;
• evaluate all evidence collected and determine by a preponderance of that evidence whether sexual harassment occurred.

At the end of four (4) years, the contents of this record, including the resolution, the President's copy (including the original notification) and all notes and documents pertaining to the complaint shall be destroyed, unless a new complaint against the same individual has been received.

In The Event of No Mediated Resolution of Complaint

Decision of President or Designee Regarding Investigation Report

• If the complaint was found to have merit, the President or designee shall so notify the complainant in writing and provide the decision, the basis for it and the nature of the corrective actions and shall communicate in writing with the respondent and appropriate department/area manager the action that will be taken by the university which may include a grade change.

• If the President or designee determines that the complaint has no merit, the complainant and respondent will be so notified.. The complainant will be advised of the right to request reconsideration by the President based upon newly discovered material information not previously presented and which with reasonable diligence could not have been presented during the original investigation.

Request for Reconsideration

If a complainant is not satisfied with the outcome of the complaint process described above, he/she may file a written request for reconsideration with the President within ten (10) University working days of receipt of the President's decision. The appeal shall summarize the newly discovered information upon which the complainant believes the appeal should be granted.

The President will acknowledge receipt of the appeal within a reasonable period of time which is usually five (5) university working days and will, within a reasonable period of time which is usually twenty (20) university working days, provide a written decision to the complainant and respondent. The President within this time period may decide to review some or all of the evidence presented in the original investigation and/or require further investigation into the matter. If the President exercises the discretion under this provision to either review some or all evidence presented in the original investigation or to require further investigation both the complainant and the respondent shall be notified. The President's decision is the final university decision.

A respondent may appeal a personnel action (i.e., reprimand or disciplinary action) under the policies and procedures of the collective bargaining agreement of the appropriate employee unit.

VIII. Educational Plan to inform Campus Community of Sexual Harassment Policy

A proactive program will be maintained to educate all university community members as to the definition of sexual harassment, the university's policy concerning it, and what recourse a complainant has to remedy the situation.

Appropriate printed materials written for specific groups, e.g., faculty, staff, students and managers will be published and readily accessible in the administration buildings, student dormitories, Campus Police Office, Women's Resource Center and athletic facilities. All new employees and students will be provided a copy of this policy. Printed material will include: the university's definition of sexual harassment; a strong statement that such behavior is illegal, unprofessional and will not be tolerated; and the procedures for reporting charges of sexual harassment. Information on sexual harassment will also be maintained in existing publications such as the Genera1 Catalogue and the Schedule of Courses.

A student Sexual Harassment Awareness program will be developed by the Dean of Students to promote a harassment free learning environment. Orientation programs for all new students and all new employees shall include coverage of the university's policy and procedures addressing sexual harassment.

Annually all managers and department chairs will be required to attend workshops on sexual harassment or attend a lecture on the subject at a regularly scheduled meeting.

In an effort to establish the effectiveness of the university's efforts to act upon complaints of sexual harassment, Human Resources will maintain and make available statistics with regard to the number of complaints received and their disposition or outcome.

IX. On and Off Campus Resources

The. following is a list of resources for individuals who feel they have experienced sexual harassment or been accused of harassment:

1)     On campus help is available for complainants as well as respondents as follows:
        Students: Health/Counseling Services, X2734
        All Others: Employee Assistance and Development, X4357
        General Information: Affirmative Action Office, X2032
        Filing Complaints:   Director of Human Resources, X2364

2)     Department of Fair Employment and Housing
        1900 Mariposa Mall
        Fresno, CA 93703
        (800) 884-1684 - TDD (916) 324-1678
        8:00 a.m. - 5:00 p.m., Monday thru Friday

This is the state government entity that is charged with investigating sexual harassment and other forms of work place discrimination.

3)     Equal Employment Opportunity Commission
        1265 East Shaw Avenue, Suite 10
        Fresno, CA 93710
        (209) 487-5793
        8:00 a.m. - 5:00 p.m., Monday thru Friday

This is the federal government entity that is charged with investigating complaints of discrimination in the work place.

4)     HELP NOW
        P.O. Box 1232
        Fresno, CA 93715
        Call: HELP NOW [(209) 435-7669], open 24 hours

This service is part of Community Hospitals of Central California and offers crisis intervention and referral information.

This service provides support, crisis intervention and help in managing the court system.