Faculty Rights Tip: How to Navigate the New CSU Non-Discrimination Policy
CFA members and CSU management recently met over changes to CSU’s Interim Non-Discrimination policy. This policy, which became effective August 1, 2024, now contains two separate investigation procedures, one for employees including faculty, and one for students. This policy is effective August 1, 2024, and is not retroactive.
There are also changes to the investigatory hearing process under the student procedures wherein campuses may conduct hearings related to sexual harassment claims; faculty may or may not appear for the hearing depending on how the faculty member elects to proceed. A simple framework for understanding the new procedures is as follows:
Employee Procedures Are Used When
- Complaints where an Employee or Third-Party is alleged to have engaged in Discrimination, Harassment, or Retaliation in violation of the Non-Discrimination Policy against another Employee
Student Procedures Are Used When:
- Complaints are:
- Made by a Student against an Employee alleging Sex-based Harassment, or
- Made by an Employee against a Student alleging misconduct in violation of the policy, or
- Made by an Employee against a Student-Employee alleging Sex-based Harassment when the alleged conduct arose out of the Respondent’s status as a Student and not as an Employee.
These same procedures are applicable for complaints made against a campus President, Title IX Coordinator/DHR Administrator, the Chancellor, or member of the Board of Trustees.
Sex-based Harassment is defined under the Policy as Harassment, which includes Sexual Harassment and other Harassment on the basis of Sex or Gender, including:
- Hostile environment or Quid Pro Quo Harassment (e.g., when a person conditions a benefit on the Complainant’s participation in unwelcome sexual conduct);
- Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking; and/or
- Sexual Misconduct.
If you believe you are being subjected to discriminatory or hostile work environment, or are being harassed, you have a right to file a grievance under Article 16 of the Collective Bargaining Agreement.
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