It is the policy of California State University, San Bernardino to maintain a working and learning environment free from sexual harassment of its students, employees, and those who apply for student and employee status. Any behavior determined to constitute sexual harassment will be viewed as neither complimentary nor humorous, and will be subject to disciplinary action. The university will attempt to remedy any adverse effect which may have occurred due to sexual harassment.

I.       DEFINITION AND CLASSIFICATION OF SEXUAL HARASSMENT

California State University, San Bernardino recognizes that the perception of sexual harassment behavior is often subjective and that the circumstances surrounding the conduct, as well as its pattern, frequency and severity, need to be considered in assessing the behavior. Although statistical analyses have shown that sexual harassment is usually committed by an individual in a position of power or influence, sexual harassment can occur between any two individuals regardless of gender, employment status, work relationship or academic association. Sexual harassment may be verbal, graphic, written or physical in nature, each of which may be grounds for disciplinary action. California State University, San Bernardino defines sexual harassment in the following manner:

1. 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. For example:

a. Making unsolicited written, verbal, physical and/or visual contact with sexual overtones. (Written examples: suggestive or obscene letters, notes, invitations. Verbal examples: derogatory comments, slurs, jokes, epithets (name-calling). Physical examples: assault, touching, impeding or blocking movement. Visual examples: leering, gestures, display of sexually suggestive objects or pictures, cartoons, or posters.)

b. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)

2. Submission to or toleration of the conduct is an explicit term or condition of appointment, employment, admission or academic evaluation.

3. Submission to or rejection of such conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual.

4. 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.

5. The conduct has the purpose or effect of interfering with an employee's work performance, or creating an intimidating, hostile, offensive or otherwise adverse working environment. For example:

a. Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response, implying or actually withholding support for an appointment, promotion or change of assignment; suggesting that a poor performance report will be prepared, or suggesting that probation will be failed or that permanent status will be denied.

b. Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee.

c. Offering favors of employment benefits such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors.

6. Actions or behavior identified above which may directly or indirectly affect the performance of students and employees.

Sexual harassment has been determined to be unlawful and is addressed under Title VII of the 1964 Civil Rights Act, Title IX of the 1972 Education Amendments, State of California Department of Fair Employment and Housing (DFEH) Regulations, CSU Chancellor's Executive Order #345, and this CSUSB Policy. Retaliation for the filing of a complaint is prohibited. In addition to the complaint procedure provided in this policy, an individual complaint of sexual harassment may be filed with the California Department of Fair Employment and Housing and/or with the Equal Employment Opportunity Commission.

II.      RESPONSIBILITIES OF SEXUAL HARASSMENT COMMITTEE AND ADVISORS

A.      SEXUAL HARASSMENT COMMITTEE

The campus shall maintain a standing Sexual Harassment Committee (SHC). The Committee will be composed of the Associate Vice President for Academic Personnel, the Director of Human Resources, the Vice President for Student Services (or designee), two (2) staff members appointed by the Administrative Council, two (2) faculty members appointed by the Executive Committee of the Faculty Senate, and two (2) students appointed each year by the Associated Students Inc. The length of faculty and staff appointments is two years. The Committee’s responsibilities are to:

1.      Monitor the effectiveness of policies, procedures and The Sexual Harassment Prevention Educational          Program.

2.      Select Sexual Harassment Advisors (SHA’s). Select students to serve as sexual harassment complaint          contacts. Two students shall be selected by the Sexual Harassment Committee from a list of at least four          students nominated by Associated Students Inc.

a)      The Sexual Harassment Advisors shall consist of:

1) Ten (10) faculty

2) Three (3) administrators/supervisors

3) Seven (7) staff personnel

b)      SHAs shall be selected from among the following nominees:

1) At least two faculty members nominated by the Executive Committee of the Faculty Senate for each vacant SHA faculty position.

2) At least two administrators/supervisors nominated by the President for each vacant administrative SHA position.

3) At least two staff personnel nominated by the Administrative Council for each vacant SHA staff position.

c)      The campus SHC shall select the SHAs after contacting and, whenever possible, interviewing all          nominees. SHAs shall serve two year terms with the possibility of reappointment.

3.       Recommend changes to policies, procedures and programs to the university community as necessary.

4.       Report to the President on sexual harassment concerns.

B.      SEXUAL HARASSMENT ADVISORS

Members of the campus community who believe that they have been sexually harassed should discuss the matter with a Sexual Harassment Advisor (SHA). The role of the SHAs shall be:

1. To serve as an active listener in an objective manner.

2. To identify/clarify the nature of incidents.

3. To explain to the complainant the possible consequences for the harasser.

4. To provide assurances of protection against possible retaliation.

5. To suggest ways to prevent harassment.

6. To submit a written confidential intake form to the chair of the Sexual Harassment Committee. This form shall be destroyed after three (3) years.

7. To attempt where appropriate to resolve sexual harassment allegations at this stage of initial informal discussion by assisting and accompanying the complainant during any informal meetings.

8. To advise on and assist with procedures for filing formal complaints and serve as an advocate during meetings.

9. To be available for consultation to anyone accused of sexual harassment.

10. An SHA shall not be a legal advisor to the complainant. 11. An SHA may serve on a panel to hear cases of alleged sexual harassment if selected by the Chair of the Sexual Harassment Committee.

III.    COMPLAINT PROCEDURES

SHAs are required to keep information provided by complainants restricted and refrain from public discussion. The only exception to the policy of restriction is when an SHA has concluded that the University has a legal obligation to conduct an inquiry, even though the complainant does not wish to bring a formal complaint. Campus psychological counselors are the only persons who can ensure legal confidentiality.

Students will be available for contact by complainants; however, students shall only work with an SHA during complaint intake and advising. They are not eligible to serve as SHAs because they are not employees of the University. The names of students and those selected to serve as SHAs will also appear periodically in the campus Bulletin, in the Chronicle, and in the class schedule. Persons are encouraged to contact one of these individuals when they believe they have been subjected to sexual harassment.

The SHAs and student contacts will receive specialized training, and will be kept informed of issues, policies and procedures involving sexual harassment.

Procedures for filing formal complaints are as follows:

1.      If the person alleging sexual harassment is a member of Collective Bargaining units 2, 5, 7, or 9 (which includes          health care, maintenance, clerical and technical respectively), the complaint procedures in the respective          agreements for these units are applicable. Copies of these procedures are available in the Human Resources          Department.

2.      If the person filed against is a student, due process procedures, charges and sanctions as outlined in Title 5 will          apply.

3.      All persons not covered in items 1 and 2 above alleging sexual harassment may file a written formal complaint with          one of the Sexual Harassment Officers (SHO) who are the Associate Vice President for Academic Personnel if          the complaint is against faculty; the Director of Human Resources if the complaint is against staff or management          personnel; or the Coordinator of Student Conduct if the complaint is against a student. If a complaint is filed          against an SHO, another SHO will conduct the fact finding.

a) In order to strive for diversity with respect to gender and ethnicity, Sexual Harassment Officers will be assisted in their investigations of sexual harassment complaints by an Investigative Assistant (IA) of the opposite gender. The pool of eligible IAs will be composed of six tenured faculty nominated by the Faculty Senate and four management personnel nominated by the Administrative Council. From this pool, four IAs will be selected and approved by the SHC and will serve for two years with the possibility of reappointment. IAs should be nominated and will be appointed on the basis of their interest and expertise in matters pertaining to sexual harassment.

b) The SHO in consultation with the IA will first consider the merits of a complaint relative to the definition of sexual harassment. If it is determined that a complaint does not fall within the parameters of the definition of sexual harassment, the SHO will so inform the complaining party. The decision may then be appealed to the University Sexual Harassment Committee within 30 days for further consideration. If the decision of the SHO is appealed, the time frame stops until a decision is rendered by the University Sexual Harassment Committee. The decision of the University Sexual Harassment Committee shall be final.

c) If it is determined that the complaint falls within the parameters of the definition of sexual harassment, the SHO and the IA will initiate a fact-finding investigation of the allegations of sexual harassment within 14 calendar days of the formal complaint filing date. The fact-finding investigation should include all information collected by the SHA and may include a face-to-face meeting between the complainant and the alleged harasser. The person against whom the complaint has been filed has a right to due process, which requires immediate notification that a complaint has been filed, providing the name of the complaining party and a summary of the circumstance(s) which precipitated the filing of the complaint. The alleged harasser shall also be notified of the consequences of retaliation.

d) If resolution is not achieved at the conclusion of fact finding in item "c" above, a three (3) person panel consisting of SHAs shall be assembled by the chair of the SHC. Members of the panel shall not include the SHA initially involved in the case as this person may be serving as the primary advocate for the complainant. The parties shall select the panel from the list of SHAs by striking the names of any unacceptable SHAs leaving at least five (5) acceptable remaining names.

(1) The chair of the Sexual Harassment Committee will be responsible for providing necessary instructions for carrying out the hearing.

(2) The panel shall elect a Chair.

(3) During the hearing the parties shall be allowed to introduce documentary as well as testimonial evidence without the limitations of formal rules of evidence. The SHO and the IA who conducted the investigation shall present their findings first. The opportunity for rebuttal shall be provided and any member of the panel may question the parties or their witnesses in order to seek clarification or further information.

(4) The proceedings of the panel hearing shall be kept confidential.

(5) Following a review of the evidence, the panel will make a summary written report to the President within 14 calendar days from hearing the case. In this report, the panel shall indicate, by the preponderance of evidence presented, whether or not a case of sexual harassment occurred. The panel shall provide reasons for its findings. The report shall be accompanied by all written materials and other evidence provided to the panel in the course of the hearing along with a recommendation for appropriate action. The recommended actions may range from no action to termination.

(6) The President will review the report and the materials submitted by the panel and within 14 calendar days of the date of the report provide the parties with an intended action. Depending upon the nature and severity of the charge(s) the President's action may include a letter of reprimand or the notification of disciplinary action such as suspension, termination, etc. in accordance with appropriate procedures contained in Collective Bargaining Agreements, the Education Code, or other regulations governing employment.

e) When appropriate, after conclusion of the complaint procedure, all written materials and other evidence should be destroyed unless retention is required by CSU policy or law.

NOTE: In the event that procedures 1 through 6 set forth above are activated, the person alleged to be the harasser shall be notified of the filing of a formal complaint and shall attend the hearing. The person charged has a right to elect self-representation or to select someone to represent his or her interests. If the person charged retains an attorney, the complainant is to be notified and CSUSB Administration will secure the services of the CSU General Counsel.

IV.     EDUCATION AND TRAINING

The Sexual Harassment Education Program has been designed to disseminate information about sexual harassment and how to prevent it. The primary goal of all components of the education program is to prevent the occurrence of sexual harassment as it has been defined by the Chancellor's Office or the CSU. Educational programs are provided for four (4) different campus constituencies:

1) Students

2) Faculty

3) Staff employees and administrators

4) Designated Advisors and others involved in handling sexual harassment complaints.

Although much of the education for these four groups will be similar, slightly different approaches will be directed toward developing an understanding of current issues pertaining to sexual harassment for each specific group.

SCOPE OF INFORMATION

The major topical areas that will be covered are:

CSUSB Policy on Sexual Harassment.
Definitions of Sexual Harassment
Types of Sexual Harassment behavior.
Myths and facts about sexual behavior.
Criteria for unlawful behavior.
Analyzing the causes of Sexual Harassment.
Effects of Sexual Harassment on the victim.
Legal remedies available to the victim.
The consequences to the University.
The role of the SHA, IA and SHO respectively.
Profiles of groups at risk for harassment.
Complaint and investigation procedures/forms.

The University will ensure that all groups receive information pertaining to the Sexual Harassment Policy, the complaint procedure and additional material which will enhance general awareness.

Continuing education shall be accomplished through various programs designed to educate and inform the campus community of sexual harassment policies and preventative approaches. Additional special efforts will be made to reach those individuals who are members of groups at high risk for sexual harassment. These programs shall be coordinated through the Campus Training/Development Office, which will work closely with Student Services in the area of student education. Programs will include:

1. Workshops offered for employees (faculty, staff and administrators) on a regular basis.

2. Student workshops and/or classes that are well advertised with attention toward sessions in the residence halls     for students and on-campus sessions at various times throughout the day for all students.

3. Materials incorporated into all new employee (faculty and staff) and new student orientation programs and     other student orientation programs such as those that some departments hold for their graduate students. A     statement explaining the University's sexual harassment policy shall be included in various campus publications     such as the University Bulletin, class schedule and faculty/staff handbooks. Complete copies of the entire policy     shall be distributed campus-wide as necessary.

4. Periodic articles and other forms of information will be made available in campus publications and through other     forms of campus communication.

5. Continuing education sessions conducted by faculty and staff, with appropriate training and background,     without additional compensation. Teaching will be accomplished, whenever possible, by one female and one     male using a team teaching method. Sexual harassment trainers shall be selected and approved by the Sexual     Harassment Committee. These education sessions will strongly emphasize sexual harassment definitions and the     procedures available to report sexual harassment.

Questions regarding this Sexual Harassment Policy or requests for copies may be addressed to:

Dale T. West Director of Human Resources
Sierra Hall, Room 110
California State University, San Bernardino
5500 University Parkway
San Bernardino, CA 92407
(909) 880-5138; FAX: (909) 880-7019