Official CSUSM Policies and Procedures

[CSUSM Home] [CSUSM Search] [Help for this Site]

[ Home ] [ Admin Options ] [ Search ] [ Additional Information ] [ About ]

Policies: Online Version

Policy Name: Discrimination and Sexual Harassment - RESCINDED

Policy Status: Expired

 Print version   Text version
  
  
Definition:
This Policy has been rescinded. 
Scope:
This policy and related procedure applies to all members of the California State University San Marcos community.  
Responsible Division: Finance and Administrative Services 
Approval Date: 11/17/2003
Originally Implemented: 3/1/2004 
Implementation Date:  
Revised Date:  
Policy Status: Expired 
Authority: Education Code section 231.5; Government Code section 12950; Chancellor’s Office Executive Orders 345, 628, 675. 
Signature Page: http://www2.csusm.edu/fas/Policies&Proc/discriminationrescission.pdf  
PDF version of the applicable procedure:  
Notes: CSUSM does not follow this policy. CSUSM follows Executive Order 928 which supersedes this campus policy and procedure. 
 
California State University San Marcos (the "University") is firmly committed to maintaining a learning and working environment characterized by integrity and ethical behavior on the part of its students and employees. Discrimination and discrimination-based harassment (hereinafter referred to collectively as "discrimination") and sexual harassment are prohibited by law and contrary to the educational mission and behavioral expectations of the university. Discrimination and sexual harassment damage the careers, educational experience and well-being of students, faculty and staff; undermine the respect that students and the community have for the university; and tarnish the University's credibility as an institution of higher learning. Discrimination and sexual harassment will not be permitted, condoned or tolerated.
 
The University will investigate reported incidents of discrimination and sexual harassment and take timely corrective action to eliminate such conduct if discrimination or sexual harassment has occurred. Any student or employee determined to have engaged in behavior in violation of this policy is subject to receipt of a written reprimand or disciplinary action up to and including suspension, dismissal or expulsion (hereinafter referred to as "disciplinary action").
 
No individual reporting or objecting to discrimination or sexual harassment shall for that reason be subjected to any reprisal, and the employment or academic status of that individual shall not be affected. Any type of retaliation or reprisal against individuals for lodging or participating in a complaint or investigation of discrimination or sexual harassment violates the law and university policy. Any member of the campus community engaging in retaliatory conduct will be subject to disciplinary action.
 
This policy shall not abridge legitimate academic freedom or the educational mission of the university. To be protected, speech or conduct must be clearly relevant to and intended to advance the learning process. Neither the First Amendment nor academic freedom protects conduct constituting discrimination or sexual harassment.

 
I. Discrimination Prohibited
 
Discrimination, including harassment, based upon race, color, ancestry, ethnicity, nationality, sex (gender), sexual orientation, disability, medical condition, age, religion or marital status (including pregnancy), or military status (including veteran or Vietnam era veteran status) that precludes any person as an individual from receiving employment, employment benefits, admission or access to instructional operations, programs, services or activities, including financial aid and academic evaluation or any other identifiable educational benefit is prohibited.

 
"Hostile environment" harassment is a continuous "course of conduct" consisting of verbal, visual or physical conduct targeting an individual based upon his or her membership in one of the categories or classifications identified above, that is severe and pervasive, and, 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.
 
II. Sexual Harassment Defined
 
Sexual harassment includes behavior such as unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature directed toward an employee, student, applicant for employment or matriculation under any of the following conditions:

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

(b) Submission to or rejection of the conduct by the individual is used as the basis for 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.

 
The two distinct categories of sexual harassment claims generally recognized are: (1) Quid Pro Quo and (2) Hostile Environment. Within the University, "Quid Pro Quo" sexual harassment occurs when submission to sexual conduct is made either an explicit or implicit condition of employment benefits, admission, financial aid, academic evaluation or any other identifiable educational benefits, and submission to or rejection of such conduct by an individual is used as the basis for decisions concerning employment, admission, financial aid, academic evaluation or any other educational decisions affecting such individual.
 
Within the University, "Hostile Environment" sexual harassment exists when there is a continuous "course of conduct" that is severe and pervasive consisting of unwelcome sexual advances, requests for sexual favors, other verbal, visual or physical conduct of a sexual nature, that has the purpose or effect of unreasonably interfering with a reasonable person’s work or educational performance, or, creates an intimidating hostile or offensive working or learning environment.
 
The university also recognizes that unlawful Sexual harassment may sometimes occur between persons of the same status or the same gender (same-sex harassment).

 
Examples of sexual harassment conduct include but are not limited to:

• 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 statement, questions, or anecdotes.

 
Procedures for Policy
  
Discrimination and Sexual Harassment