PD-1981-21

October 8, 1981

To: All Employees
From: President Gail Fullerton
Subject: Sexual Harassment Policy and Procedure

The attached policy and procedures statement has been adopted by San José State University and is now in effect.

This should be retained for future reference.

GF:ea

Enclosure

San José State University
Sexual Harassment Policy and Procedures

San José State University is committed to maintaininga learning and working environment free from sexual harassment of its students, employees, and those who apply for employee or student status. Sexual harassment is conduct subject to disciplinary action.

CSUC policy defines sexual harassment to include "such behavior as sexual ad?vances, request for sexual favors, and other verbal or physical conduct of a sexual nature directed towards an employee, student, or applicant when one or more of the following circumstances are present:

- submission to or toleration of the conduct is an explicit or implicit term or condition of appointment, employment, admission or academic evaluation;
- the conduct has the purpose or effect of interfering with an employee's work performance", or creating an intimidating, hostile, offensive or otherwise adverse working environment;
- the conduct had the purpose or effect of interfering with a student's academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment or adversely affecting any student."

All complaints dealing with sexual harassment will be carefully investigated. The initial investigation will be confidential and will protect fully the rights of both the individual lodging the complaint and the person against whom the complaint is being lodged. At the end of the initial investigation, if further action is deemed warranted, the investigating officers shall make appropriate recommendations to the proper campus authority.

All complaints dealing with sexual harassment should be directed to Dr. Charles Whitcomb, Ombudsman, ADM 201, and Dr. Sybil Weir, Associate Dean for Faculty Affairs, ADM 146, who have been designated to investigate such allegations.

Fall Semester 1981

March 21, 1985

To: Dan Buerger Executive Administrative Assistant President's Office
Re: Faculty Handbook Project

In preparing the faculty handbook, Bob Woodward noted that P81-21 (attached) omits a clause included in EO 345 (see marked attachment.)

If the omission is unintentional, and the President so wishes, might you direct Woodward to run the campus policy including the omitted clause. And, might the President issue an addenda correcting P81-21?

In any case, will you please let Woodward and me know what the President decides to do?

Thanks.

Selma Burkom
Associate Dean/Faculty Affairs

cc:
AVP Gruber
AAVP/FA Noble
Dr. Woodward

The California State University and Colleges
Office of the Chancellor
400 Golden Shore

Lou g Beach. California 90802

Executive Order No.: 345
Title: Prohibition of Sexual Harassment
Effective Date: June 1, 1981
Supersedes: No Prior Executive Order

It is the policy of The California State University and Colleges that each campus and the Office of the Chancellor maintain a working and learning environment free from sexual harassment of its students, employees and those who apply for student or employee status. All students and employees should be aware that The California State University and Colleges is concerned and will take action to eliminate sexual harassment. Sexual harassment is conduct subject to disciplinary action.

Sexual harassment includes such behavior as sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature directed towards an employee, student, or applicant when one or more of the following circumstances are present:

- Submission to or toleration of the conduct is an explicit or implicit term or condition of appointment, employment, admission or academic evaluation;

- Submission to or rejection of such conduct is used as a basisfor a personnel decision or an academic evaluation affecting an individual;

- The conduct has the purpose or effect of interfering with an employee's work performance, or creating an intimidating, hostile, offensive or otherwise adverse working environment;

- The conduct has the purpose or effect of interfering with a student's academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment, or adversely affecting any student.

In determining whether conduct constitutes sexual harassment the circumstances surrounding the conduct should be considered.

In order to ensure adherence with The California State University and Colleges policy, the President and the Chancellor shall designate those responsible for receiving complaints of sexual harassment. Once selected, the names and titles of those persons shall be publicized.

Established California State University and Colleges disciplinary, grievance or other complaint procedures. as appropriate, will serve as the mechanism for resolving complaints of sexual harassment.

Efforts should be made to publicize such procedures and their application to sexual harassment complaints.

To maintain a learning and working environment free from sexual harassment, the campuses are encouraged to educate the campus community, students, and employees regarding sexual harassment. The Office of the Chancellor will snake available training for persons designated to receive complaints of sexual harassment.

Glenn S. Dumke, Chancellor
Date: June 1, 1981

San José State University
Sexual Harassment Policy and Procedures

San José State University is committed to maintaininga learning and working environment free from sexual harassment of its students, employees, and those who apply for employee or student status. Sexual harassment is conduct subject to disciplinary action.

CSUC policy defines sexual harassment to include "such behavior as sexual ad?vances, request for sexual favors, and other verbal or physical conduct of a sexual nature directed towards an employee, student, or applicant when one or more of the following circumstances are present:

- submission to or toleration of the conduct is an explicit or implicit term or condition of appointment, employment, admission or academic evaluation;

- submission to or rejection of such conduct is used as a basis for a personnel decision or an academic evaluation affecting an individual;

- the conduct has the purpose or effect of interfering with an employee's work performance", or creating an intimidating, hostile, offensive or otherwise
adverse working environment;

- the conduct had the purpose or effect of interfering with a student's academic performance, creating an intimidating, hostile, offensive or otherwise adverse learning environment or adversely affecting any student."

All complaints dealing with sexual harassment will be carefully investigated. The initial investigation will be confidential and will protect fully the rights of both the individual lodging the complaint and the person against whom the complaint is being lodged. At the end of the initial investigation, if further action is deemed warranted, the investigating officers shall make appropriate recommendations to the proper campus authority.

All complaints dealing with sexual harassment should be directed to Dr. Charles Whitcomb, Ombudsman, ADM 201, and Dr. Sybil Weir, Associate Dean for Faculty Affairs, ADM 146, who have been designated to investigate such allegations.

Fall Semester 1981