Discrimination, Harassment, and Retaliation
Discrimination, Harassment, and Retaliation
The California State University (CSU) is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. We embrace and encourage our community differences in Age, Disability (physical and mental), Gender (or sex), Gender Identity (including transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion (or Religious Creed), Sexual Orientation, and Veteran or Military Status, and other characteristics that make our community unique. All individuals have the right to participate fully in CSU programs and activities free from Discrimination, Harassment, and Retaliation.
A student, employee or third party who believes they have been subjected to discrimination, harassment or retaliation in a California State University, Fresno related program or activity is entitled to have their concerns reviewed by the University in accordance with the applicable CSU systemwide policy or where an employee is a member of a bargaining unit provides a grievance procedure for raising allegations of discrimination, harassment, retaliation, sexual misconduct, dating or domestic violence, or stalking, the appropriate grievance procedure specified in their collective bargaining agreement.
Concerns regarding violations of such policies should immediately be reported to the DHR Analyst, who can explain the rights and options an individual has to have their concerns addressed under applicable policy and procedure, including but not limited to the option to file a formal written complaint on the matter.
We are neutral. The Office of Human Resources (HR) is committed to providing a fair and unbiased review. Our investigations are focused on the information available. We do not represent or advocate on behalf of any party.
We help Complainants find the right process. HR reviews matters concerning discrimination, harassment and retaliation based on a protected status. If HR is not best suited to address your concerns, HR will provide information to help you determine the appropriate office.
Support Advisor. The Complainant and Respondent may bring a support person/advisor to any meetings with the Investigator. We request that Complainants and Respondents please let us know in advance if they will be doing so.
Understanding the complaint. The first step the Investigator takes in an investigation is to gather information about the complaint. This usually involves interviewing the Complainant and gathering all information the Complainant has, including documentation and names of witnesses, if any.
Anonymity. Complainants frequently ask if Respondents will be told they raised concerns. Respondents are provided with enough information about the allegations to allow them a fair opportunity to respond, and the level of detail necessary to do that varies depending on the circumstances surrounding the incident. The University cannot always honor a request for complete confidentiality as it must weigh that request against the obligation to provide a safe, non-discriminatory environment for all students, employees and third parties. In those situations, Complainants will be informed prior to the start of an investigation that to the extent possible, information will be shared only with those responsible for handling the University’s response. HR will remain mindful of a Complainant’s well-being and will take ongoing steps to protect individuals from retaliation.
Interim Measures. HR will connect Complainants with appropriate on-campus and off-campus resources and confidential support services. If the complaint involves sexual harassment, including sexual violence, HR may also assist with measures including academic, housing, and/or workplace modifications.
Interviewing the Respondent. After HR understands the nature and scope of the complaint, the Respondent is notified of the allegations and given a full and fair opportunity to respond. The Respondent is also asked to provide any documentation and to identify any witnesses relevant to the complaint. The Complainant is not present during the Respondent’s interview and vice versa.
Gathering other information. HR will interview witnesses and review documents that it believes is relevant to the situation. HR may also contact the Complainant and the Respondent with additional questions or to request additional information throughout the investigation.
Review. All information and documentation provided by either party, or by witnesses interviewed during the course of an investigation, may be considered for final determination as to whether a violation of university policy occurred.
Decision and follow up. If HR determines that discrimination, harassment or retaliation has occurred in violation of university policy, relevant campus administrators will be notified to take appropriate action aimed at addressing the misconduct, preventing its recurrence and remedying its effects. Both parties will receive simultaneous written notice of the outcome of the investigation.
Appeal Rights. Depending on whether a formal complaint was filed in accordance with applicable university and CSU policies, Complainants may if s/he is not satisfied with the determination.
Retaliation. The University has a strong policy against retaliation. Complainants or witnesses who believe they are being subjected to retaliatory behavior are encouraged to immediately contact HR.
Except as provided below, any employee who knows or has reason to know of allegations or acts that violate this policy shall promptly inform the DHR Administrator or Director of Title IX. These employees are required to disclose all information, including the names of the Parties, even where the person has requested anonymity. The DHR Administrator or Director of Title IX will determine whether such confidentiality is appropriate given the circumstances of each such incident
- Taking every complaint seriously and ensuring others do as well.
- Contacting the DHR Administrator or Director of Title IX immediately to present the concern/complaint and to seek advice.
- Creating an environment that encourages faculty, staff and students to forward questions, concerns and complaints.
- Familiarizing yourself with CSU Executive Orders 1096 and 1097.
- Recognizing that you have a special responsibility to address an individual who forwards complaints or concerns of discrimination and harassment.
- Remembering that by receiving the concern or complaint the university is placed on notice. Such knowledge requires the university to follow-up on the matter.