|
|
 |
NONDISCRIMINATION
POLICY
Cal Poly is a community enriched by individual differences.
The University is committed to respecting and protecting the
rights of individuals, irrespective of race, color, national
origin, disability, gender, or sexual orientation. This section
presents a summary of University nondiscrimination policies
and procedures
for pursuing complaints under these policies.
The
Office of Employment
Equity and Faculty Recruitment, working with the University
Diversity Enhancement Committee (UDEC),
has been designated to oversee and coordinate implementation
of campus nondiscrimination policies. Since UDEC assesses
climate for the University, its members want to learn about
your concerns. Specfic, actionable complaints about discrimination
must follow the procedures
that are outlined below under Implementation
Guidelines. However, you can direct comments about
these policies or concerns about campus climate to either
the committee
or its chair
(CLA, Building 47-31; (805)-756-2706), using this on-line
form. Your comments will help
the committee to monitor both policies and climate, but your
comments will not initiate action under the Implementation
Guidelines.
Specific protocols and procedures related to pursuing complaints
of sexual harassment are presented in the section on sexual
harassment policy, below. Except where otherwise indicated,
procedures for reporting incidents of discrimination can be
found in the section on Implementation,
below.
STATEMENT ON RACISM AND DISCRIMINATION
Cal Poly will not tolerate acts of racism or discrimination
of any type. Diversity is valued and respected at Cal Poly,
and all members are entitled to live and work free from harassment,
abuse, and discrimination.
Race,
Color, National Origin and Disability
As part of the California State University, Cal Poly complies
with the requirements of Title VII of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, as
amended, and the regulations adopted thereunder, and the Americans
with Disabilities Act. No person shall, on the basis of race,
color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination in any program of the California State University.
The California State University also does not discriminate
on the basis of disability in admission or access to, or treatment
or employment in, its programs and activities.
Sex
The California State University does not discriminate on the
basis of sex in the educational programs or activities that
it conducts. Title IX of the Education Amendments of 1972,
as amended, and the administrative regulations adopted thereunder
prohibit discrimination on the basis of sex in education programs
and activities operated by California Polytechnic State University,
San Luis Obispo. Such programs and activities include admission
of students and employment. Inquiries concerning the application
of Title IX to programs and activities of California Polytechnic
State University, San Luis Obispo may be referred to the Office
of Employment
Equity and Faculty Recruitment, Health Center (Bldg
27), Room 113, (805) 756-6770, or to the Regional Director
of the Office
of Civil Rights, Region IX, 50 United Nations Plaza,
Room 239, San Francisco, California 94102.
The
California State University is committed to providing equal
opportunities to male and female CSU students in all campus
programs, including intercollegiate athletics.
Sexual Orientation
By CSU Board of
Trustees policy, the California State University does
not discriminate on the basis of sexual orientation.
Gender Harassment
Sex discrimination in the form of gender
harassment consists primarily of repeated comments,
jokes, and innuendoes directed at persons because of their
gender or sexual orientation. This behavior typically is not
aimed at eliciting sexual cooperation, but, like racial harassment,
it contaminates the learning and work environment and has
no place at Cal Poly. Examples of gender harassment include
the following:
- disparaging
women's intellectual abilities and potential,
- using
sexist statements in classroom discussions,
- disparaging
the life styles or behaviors of gays or lesbians.
These behaviors in isolation do not constitute sexual harassment
as defined in AB 98-2. They are prohibited by federal, state,
CSU and Cal Poly policies on discrimination.
IMPLEMENTATION GUIDELINES
The following guidelines clarify how to make inquiries, file
complaints, and resolve disputes under Cal Poly's Policies
on the Rights of Individuals in cases other than those involving
sexual harassment (see the policy on sexual
harassment, below).
The processes described here are in place to help sort out
the nature of discrimination complaints and to resolve them:
- Complaints
by or against employees who are covered by either collective
bargaining agreements or system-wide procedures shall be
processed in accordance with the applicable collective bargaining
agreement or system-wide procedures, as amended from time
to time. Questions regarding procedures to be followed under
the collective bargaining agreements should be directed
to: the office of the Associate Vice President of Academic
Personnel, Administration Building, Room 314 (805-756-2844),
for faculty matters; and the office of the Director of Human
Resources, Administration Building, Room 110 (805-756-6564),
for staff or management issues.
- Employees
and students of Associated
Students, Inc. (A.S.I.), comply
with University policies. Employees of Associated Students,
Inc., or others who believe that they have been discriminated
against can file a complaint using the A.S. I.'s Policy
Prohibiting Harassment.
If
an act of discrimination is alleged to have occurred over
the campus's information resources infrastructure (telephones,
computers, network, etc.), redress may be through Instructional
Technology Service's Responsible Use Policy:
http://www.calpoly.edu/computing/policy.html.
Initial inquiries regarding violations should be directed
to the office
of the Vice Provost and Chief Information Officer, Building
14, Room 113 (805-756-5541).
Filing
a complaint about discrimination with the University is not
a prerequisite to filing a complaint with a federal or state
agency.
Cal Poly provides two options for addressing a complainant's
concerns-Informal and Formal:
Informal: When the complainant believes that the
alleged behavior can be corrected informally, this route should
be pursued.
Except
as otherwise indicated above, complainants should meet with
the Director of the Office of Employment
Equity and Faculty Recruitment
or the designee of the Vice President for Student
Affairs prior to or in lieu of meeting with a college
or unit representative. The complainant can complete the appropriate
form, indicating the
nature of the complaint and how she or he was affected adversely.
An informal meeting will be arranged to evaluate and clarify
the nature of the claim and to facilitate a resolution. The
resolution shall not be precedent-setting.
Formal: If informal resolution is not pursued or is
not successful, the complainant can file a formal complaint.
A complainant must complete the appropriate form,
indicating the nature of the complaint and how she or he was
affected adversely. Except as otherwise indicated above, the
complainant should meet with the Director of the Office of
Employment Equity
and Faculty Recruitment or the designee of the Vice
President for Student
Affairs, who (in cases involving students) may refer
the case to the Office of Judicial
Affairs, Room 217, Administration Building (805-756-2794).
Formal complaints must be filed within forty-two (42) days
of either the alleged incident or the complainant's awareness
of it.
Except as otherwise indicated above, the Director of the Office
of Employment
Equity and Faculty Recruitment
or the designee of the Vice President for Student
Affairs will conduct the examination and make the
report.
If the complaint is not settled, a complainant can file with
the Chancellor's
Office within fourteen (14) days of receiving
notice of the decision.
SEXUAL HARASSMENT POLICY
Sexual harassment is unwelcome or unwanted attention of a
sexual nature. Examples include:
- Unwelcome
sexual propositions, invitations, or solicitation,
- Unwelcome
and inappropriate touching, patting, pinching, or obscene
gestures;
- Requests
for sex in exchange for grades, letters of recommendation,
or employment;
- Unwelcome
verbal expressions of a sexual nature, including graphic
sexual comments about a person's body, dress, appearance,
or sexual activities;
- Consensual
sexual relationships where such relationships lead to favoritism
of the student or subordinate employee with whom the professor
or supervisor is involved;
- Threatening
demands for sexual favors.
If
you experience sexual harassment, first state that it is not
welcome and ask the harasser to stop the behavior. If the
harassment continues, please report it to a sexual harassment
advisor or to the department head/chair or program manager.
Cal Poly's Policy Prohibiting Sexual Harassment (AB98-2) provides
a formal avenue of redress for sexual harassment offenses.
Some incidents can be addressed through less formal steps
that involve a discussion between the parties.
The complete policy and procedures are available from a sexual
harassment advisor, the Office of Employment
Equity and Faculty Recruitment,
Human
Resources, and the Student
Affairs Office. The policy may also be viewed on the
web:
http://employequity.calpoly.edu/sexual_harassment.html.
Informal Procedures:
Complainant directly, or through an advisor, notifies the
harasser to stop the offensive behavior; or complainant may
attempt to resolve complaint with the alleged harasser's supervisor,
department head/chair; or students may bring complaints directly
to the office of the Vice President for Student
Affairs (Administration Building Room 209, 756-1521).
Employees should contact the Office of Employment
Equity and Faculty Recruitment,
Health Center Room 113 (805-756-6770).
Formal Procedures:
Students file written charges with the office of the Vice
President for Student
Affairs (Administration Building Room 209, 756-1521)
within 120 days of the alleged date of the harassment.
Employees and applicants for employment file written charges
with the Office of Employment
Equity and Faculty Recruitment,
Health Center, Room 113 (805-756-6770).
Sexual harassment investigators endeavor to complete a review
within 35 days and send a preliminary report of findings to
the complainant and the respondent, who have 5 days to provide
any additional information. The investigators forward a final
report to the President's designee who imposes corrective
measures.
Sexual Harassment Advisors
Cal Poly employees serving as sexual harassment advisors help
complainants by providing information about sexual harassment.
Advisors may assist in mediating a resolution between parties.
Advisors are prepared to discuss sexual harassment concerns
with any constituent who needs assistance. A list of advisors
may be obtained from office of the Vice President for Student
Affairs (805-756-1521), the Office of Employment
Equity and Faculty Recruitment
(805-756-6770), or viewed on the web at:
http://employequity.calpoly.edu/sh_advisors.html.
|
