CSUSB Training Policy On Prohibiting Discrimination, Harassment And Retaliation (Dhr) Against Employees And Third Parties And Procedure For Handling Dhr Allegations By Employees And Third Parties
Source / AuthorityHuman Resources, (909) 537-5138
CSUSB 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. CSUSB promotes compliance with Executive Order 1096 which is a policy that prohibits Discrimination, Harassment and Retaliation. Insofar as Employees are concerned, this policy extends to all employment practices, including recruitment, selection, hiring, promotion, training, compensation, benefits, transfer, separation, and other terms, conditions, or privileges of employment. It also includes full and equal accommodations, advantages, facilities, privileges and services for all members of the campus community, as well as Third Parties.
CSUSB provides reasonable accommodation to qualified persons with disabilities unless doing so would impose an undue hardship. Reasonable accommodation is to be determined by CSUSB following an interactive process with the Complainant to identify the nature and extent of the Complainant's restrictions and the appropriate reasonable accommodation.
This Training Policy is being implemented pursuant to Executive Order 1096. Its purpose is to further CSUSB’s goal to be free from all forms of unlawful Discrimination, Harassment and Retaliation. This policy is established in compliance with Title VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act of 1973, Title I of the Americans with Disabilities Act of 1990, the ADA Amendments Act of 2008, the Age Discrimination Act of 1975, Title II of the Genetic Information Nondiscrimination Act of 2008, the Vietnam-Era Veterans Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the California Fair Employment and Housing Act (Cal. Govt. Code §12940 et seq.) and Unruh Civil Rights Act (Cal. Govt. Code §51 et seq.), among other applicable laws and policies.
Except in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim)), any Employee who knows of, or has reason to know of, allegations or acts that violate Executive Order 1096, shall promptly inform the DHR Administrator.
Employees and Students who violate this Executive Order 1096 may be subject to discipline. If discipline is appropriate, it shall be administered in a manner consistent with applicable collective bargaining agreements and/or CSUSB policies and legal requirements.
Employee, as defined in Cal. Code Regs. Title 5 §42700(h), means a person legally holding a position in the CSU. This term includes full-time, part-time, permanent, tenured, probationary, temporary, intermittent, casual, and per-diem positions. This term does not include auxiliary or foundation employees or other Third Parties.
Procedures and Guidelines
To help prevent Discrimination, Harassment and Retaliation, and to encourage reporting of such conduct, training shall be provided by CSUSB to all Employees, including Faculty unit employees and student assistants.
CSUSB's DHR Administrator has delegated the training accountability component to the Human Resources Department. The Human Resources Department will be responsible for the following:
- Review current employee and new hire reports
- Assign the DHR course to be taken
- Send communication to employees and monitor completion
- Respond to questions and technical issues
- Generate non-compliance report and escalate to the appropriate administrator (as necessary)
Such training shall be provided to all employees within twelve (12) months of the effective date of Executive Order 1096, and on an annual basis thereafter. New employees shall receive training within six (6) months of their initial hiring.
Such training shall explain, but not be limited to: what constitutes Discrimination, Harassment and Retaliation under applicable law; the rights and responsibilities of each Employee relating to workplace Discrimination, Harassment and Retaliation; the protection against Retaliation for Employees who report Discrimination, Harassment or Retaliation; the procedure provided in Executive Order 1096 for filing, investigating and resolving a Complaint; and the option and method for filing a harassment complaint with external government agencies such as the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC).