These procedures are designed to provide an opportunity to resolve student and employee allegations of discrimination or sexual harassment.  The specific procedures applicable to complaints by employees who are covered by collective bargaining agreements or system-wide procedures may be found at www.calstate.edu/hr/ComplaintProcedures.pdf.  Persons who believe they are being or have been subjected to discriminatory acts are encouraged to report such acts as soon as possible after an incident.  Delay in taking formal action with respect to an incident for more than 180, or in some cases, 300 days might foreclose access to federal or state investigative agencies.  Filing a complaint with the University is not a prerequisite to filing a complaint with a federal or state agency.

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Responsible Office - In carrying out the applicable policies of the University, the Office of the Provost and Academic Vice President is responsible for responding to complaints of discrimination for faculty and students and the Director of Human Resources is responsible for responding to complaints from staff employees at the University.  They arrange for investigations of such complaints and issues findings of fact following such investigation.

Upon receipt of a complaint against a student charging unlawful discrimination, the Office of the Provost shall refer the complaint to the Student Discipline Coordinator (Associate Vice President for Academic Programs, EDUC 251, 661-654-3420).

Upon receipt of a complaint alleging unlawful discrimination from applicants to, or participants in, any program administered by an approved University auxiliary organization, other than the Associated Students Incorporated (ASI), the Office of the Provost shall promptly acknowledge receipt of the complaint in writing and refer the investigation and resolution of such complaint to the auxiliary organization. 

Complaints against the ASI will be referred to the Student Discipline Coordinator.

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Filing of Complaints - Individuals, who believe they are or may have been victims of discrimination and/or discriminatory harassment, may initiate either an informal inquiry or file a formal complaint.

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Informal Inquiry - The intent of the informal inquiry process is to provide persons who are concerned that they might have a discrimination complaint with an opportunity to receive information and advice about the definition of discrimination, the legitimacy of their concerns, and the procedures that exist for resolving complaints.  It seeks to provide an opportunity for an informal, yet fair, resolution of the inquiry, while preserving, to the greatest extent possible, the confidentiality of the parties involved in an atmosphere of mediation and conciliation. At any time during the informal inquiry and resolution process, the person making the inquiry may initiate a formal complaint.

The University designates the Student Ombudsman (Student Counseling Center) to receive informal inquiries from students, the Director of Human Resources (ADM 104, 661-654-2266), to receive informal inquiries from staff employees, and Office of the Provost and Vice President for Academic Affairs (ADM 100, 661-654-2154) to receive informal inquiries from faculty.

In addition to giving information and advice, those designated to receive informal inquiries may seek to achieve informal resolution to problems by bringing together the two parties.  This attempt will likely require the agreement of the inquirer to enlarge the scope of confidentiality to include the second party.

The University will endeavor to restrict confidentiality to the person making the informal inquiry and the designee receiving it, but this restriction cannot be guaranteed.  As a means of fulfilling its obligation to create and maintain an environment free from discrimination and discriminatory harassment, the University may conduct reasonable and appropriate investigations designed to assess whether a violation of the nondiscrimination policy has occurred and this may require enlarging the scope of confidentiality.  A confidential record of informal inquiries shall be maintained in the office conducting the investigation.  Both parties are encouraged to keep the results of the resolution confidential.

In the event this informal inquiry leads to a resolution, both parties are precluded from subsequently filing a formal complaint under these procedures unless it is demonstrated to the satisfaction of the Provost and Vice President for Academic Affairs or the Director of Human Resources that the terms and conditions of the resolution, if any, have been violated. 

The University, under the charge of protecting its members from discrimination, may have a legal duty to initiate an investigation, a resolution, or disciplinary action, even if a formal complaint is not filed and independent of the intent or wishes of the person making the informal inquiry. 

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Formal Complaints - Students or faculty employees may file a formal complaint with the Office of the Provost and staff employees may file with the Director of Human Resources. To be timely, the person t must submit a complaint no later than 20 days after the most recent allegedly discriminatory act occurred.  The President, Provost or Director of Human Resources may extend the deadline based on extenuating circumstances.

The person filing the complaint may, but is not required to, have a consultant of their own choosing present at their interviews conducted during the course of the investigation into the complaint.  The consultant shall not be a person admitted to the practice of law before any state or federal court.  The role of the consultant is limited to observing and consulting with the Complainant.

The student or the employee may initiate a formal complaint by filing a paper with the appropriate individual, which contains the following information. 

1.   The full name, address and telephone number of the complainant, who must be the individual claiming to be harmed by the discrimination;

2.   The name of person(s) alleged to have committed a discriminatory act;

3.   A clear and concise written statement of the facts that constitute the alleged discriminatory act(s), including pertinent dates and sufficient information to identify any other individuals who may provide information during the course of an investigation conducted under these procedures;

4.   A statement by complainant verifying that the information supporting the allegations of unlawful discrimination is true and accurate to the best of complainant’s knowledge;

5.   Complainant’s signature;

6.   The date of submission of the complaint;

7.   Information that establishes that both complainant and person(s) alleged to have committed a discriminatory act have a sufficient relationship to the University to require application of University policies and procedures to the allegedly discriminatory act(s); and

8.   The full name, address and telephone number of the complainant’s consultant, if any.

At, or a mutually agreed time after, the time a student or employee initiates a complaint, a representative from the appropriate office shall conduct an interview with the complainant.  If the proffered complaint fulfills the requirements set forth above, the representative shall inform the complainant in writing that the complaint has been filed.  However, if the complaint alleges conduct that, if true, would not constitute a violation of University policies related to unlawful discrimination on the basis of race, color, gender, religion, age, sexual orientation, marital status, pregnancy, disability, veteran status or national or ethnic origin, the matter shall be dismissed without further investigation.

With the exception of notice to person(s) alleged in the complaint to have committed a discriminatory act, only those persons with a legitimate need to know will be appraised of the filing of and final disposition of a complaint.  Those persons may include, but are not necessarily limited to, appropriate organization unit administrators (Deans, Department Heads, Directors or Vice Presidents) who may have an obligation to monitor the workplace to ensure that retaliatory action does not occur during or after the investigative process concludes, and who may be required to implement recommendations resulting from the investigation of the Complaint.

The student or employee who filed the complaint, upon inquiry and during the course of an investigation, shall be advised of the status of the investigation.  

Following the filing of a complaint, the Provost and Vice President for Academic Affairs or Director of Human Resources will designate an investigator to act as a neutral fact-finder.  This investigator shall assemble statements, documents and other relevant evidence, and interview witnesses and other identified individuals who have or may have information concerning the allegations set forth in the complaint.  The investigator will make every reasonable attempt to complete the investigation within 90 days of the filing of a formal complaint.

Upon completion of an investigation, the investigator will make findings of fact regarding the allegations, which s/he shall reduce to an investigative report and which shall be submitted to the Provost and Vice President for Academic Affairs or Director of Human Resources.

After review of the investigative report, the Provost, Director or Designee shall evaluate the evidence in accordance with University policies related to unlawful discrimination or harassment, and shall make a Finding of “Cause” or “No Cause” regarding the allegations. The Provost, Director or designee shall notify complainant in writing of the finding of “Cause” or “No Cause”. Such notice shall inform the complainant of the outcome of the complaint, including sufficient detail so as to permit an informed decision as to whether to appeal the finding.  The Provost, Director or designee may also notify other persons with a legitimate need to know. This information is to be treated as confidential and is not to be disclosed to third parties. 

If the Provost, Director or designee finds “Cause”, s/he shall also issue a separate recommendation regarding corrective actions.  This may include individual remedies for the complainant or a range of formal or informal disciplinary measures or other personnel actions.  If it is determined that disciplinary charges should be initiated, disciplinary proceedings shall be conducted in accordance with the current applicable collective bargaining agreement or, for charges against administrators or other non-represented employees, appropriate University policies shall be utilized.  Whenever any information concerning recommended corrective action in connection with allegations of discrimination is provided to the complainant, such information shall be provided on a confidential basis.  Failure on the part of the complainant to respect confidentiality could result in civil action initiated by person(s) alleged in the complaint to have committed a discriminatory act.

Once a formal complaint has been filed, the University has an obligation to investigate complaints raising significant claims of discrimination and sexual harassment.  However, in appropriate circumstances, and in the discretion and judgment of the President, Provost, or Director the complainant may withdraw a Complaint.  The appropriate Office shall notify complainant of such withdrawal.

Following receipt of a finding, the student or the employee filing a complaint may seek to have the finding reviewed by the President.  The issues raised on appeal shall be limited to those issues raised during the investigation. To secure an appeal, the student or the employee must file a written request no later than fourteen (14) days from the date on which he/she received the finding. The President or Appeals Designee shall consider the facts in support of the request and develop any additional facts deemed necessary. The President or Appeals Designee shall complete the review in a timely manner and shall prepare and provide a written decision to complainant, the Provost or Director and to those individuals who received a copy of the finding.  The decision by the Appeals Designee shall be final.

An investigation shall be considered complete and the investigation shall be closed after the period has passed within which an appeal may be timely filed, if no appeal has been filed, or following a final decision by the President or Appeals Designee.  A matter also may be closed administratively when the Provost or Director decides that further investigation is either impossible or unnecessary.

When a formal complaint is made to the Office of the Provost alleging discrimination or sexual harassment by a student, the complainant shall be referred to the University Student Discipline Coordinator.  Upon receiving a formal complaint, or upon determining that the University has an obligation to pursue an inquiry into possible incidents of discrimination or sexual harassment even without a signed Complaint, the Student Discipline Coordinator or appropriate University personnel shall promptly begin an investigation.  The Student Discipline Coordinator or designee shall complete the investigation within ninety (90) instructional days from receipt of the complaint against a student and shall thereafter inform the complainant in writing as to whether the University will or will not initiate formal disciplinary charges.  If the Student Discipline Coordinator (or designee) concludes that disciplinary action may be required, formal disciplinary charges shall be initiated in accordance with the Student Disciplinary Procedures for the California State University.