PD-1986-01

March 12, 1986

To: Deans, Department Chairs, and Administrative Heads
From: President Gail Fullerton
Subject: Sexual Harassment Cases -- Procedures

Attached to this memorandum is PD 86-01, "Implementation of E.O. 345 'Prohibi?tion of Sexual Harassment."'

This is the most recent revision of the proce?dures for dealing with sexual harassment cases on this campus; the first procedures were instituted in 1981. This version supersedes all earlier procedures.

I am transmitting it to you for your information and for immediate distribution to all employees in your area. It is extremely important that this procedure be distributed thoroughly, since we are mandated by federal and state direc?tives to inform all of our employees of our current sexual harassment policies and procedures. It has been brought to my attention that earlier versions of these procedures may not have reached all employees; therefore, I am once again stressing your responsibility for such action.

You may also find it appropriate to discuss with your employees both these procedures and the policy which lies behind it. An alternative would be to request one of the sexual harassment officers to speak to the people in your area.

The current designees for receipt of sexual harassment complaints are as follows:

University Ombudsman, Mr. St. Saffold, Administration 201, 277-2262 Associate Dean for Faculty Affairs, Dr. Selma Burkom, Administration 143, 277-2171

You may also wish to post the attached procedures in a prominent place, although that alone will not suffice as far as "distribution" is concerned.

Thank you for attending to this extremely important matter.

GF:mt

Attachment

March 10, 1986

To: All SJSU Administrators and Employees
From: President Gail Fullerton
Subject: Implementation of E.O 345 "Prohibition of Sexual Harassment"

This presidential directive supersedes all earlier directives from my office or others on campus dealing with sexual harassment. Executive Order 345 is the California State University system policy regarding sexual harassment. This directive revises procedures for implementation of Executive Order 345, "Prohibition of Sexual Harassment", at San José State University.

I. Executive Order 345 Provision

  1. Statement of Policy
  2. EO 345 states that:

    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. (emphasis added)

  3. Definition:
  4. Sexual harassment is defined by EO 345 as follows:

    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 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 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.

  5. EO 345 Implementation
  6. EO 345 implementation provisions are as follows:

    The President. . .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.

II. San José State University Procedures To Implement EO 345

  1. Titles of persons responsible for receiving complaints of sexual harassment:
  2. The SJSU Ombudsman.

    Associate Dean for Faculty Affairs.

    Students, members of the faculty, most members of the staff, and managers of San José State University may go to either of these persons to lodge a complaint of sexual harassment against an employee of San José State Uni?versity. Employees in Units 2, 5, 7, and 9 may not go to either of these persons to lodge a complaint; instead, they must utilize the complaint provisions negotiated in their bargaining contracts.

  3. Procedures:
    1. Responsibilities of the Ombudsman and the Associate Dean for Faculty Affairs for investigating complaints of sexual harassment.

      Whether the person making the complaint is a student enrolled at San José State University or an employee of this University, the procedure to be used by the SJSU Ombudsman or the Associate Dean for Faculty Affairs is as follows:

      1. On Receiving a complaint:
      2. On receiving a complaint of sexual harassment, the Ombudsman or Associate Dean of Faculty Affairs will:

        • Elicit a full, specific description of the allegedly harassing behavior.
        • Determine whether the behavior described constitutes sexual harassment as defined by E.O. 345. If it does not, explore alternate resolutions for the problem. If it does, proceed with the Investigation.
        • Explain the procedure to the complainant.
        • Make clear that, although the University cannot assure the complainant anonymity (i.e., no acknowledgement of name or identity), we will seek to maintain confidentiality (identification only to those with a need to know) unless a hearing is held.
        • Describe to the complainant the range of options for resolving the alleged problem.
        • Ascertain what action the complainant requests of the University.
      3. In investigating the complaint:
      4. Whenever a complaint of sexual harassment is made, it becomes the responsibility of the Ombudsman or Associate Dean for Faculty Affairs to investigate in a manner that will both protect the complainant and the alleged harasser.

        • Interview persons who might have knowledge germane to the complaint.
        • Inform all those interviewed that the matter is to be treated with the utmost confidentiality.
      5. On concluding the investigation:
      6. After concluding the investigation of a specific allegation of sexual harassment, the Ombudsman or Associate Dean for Faculty Affairs will:

        • Communicate the findings to the President, the Academic Vice President, the Executive Vice President, or the Dean of Student Services, so that the appropriate adminÂistrator can determine whether corrective action or sancÂtion is warranted and, if so, can initiate appropriate procedures.
        • Inform the complainant whether or not the appropriate administrator determined that the findings substantiate the allegation.
        • If the findings have substantiated the complaint, indicate to the complainant that a corrective action or sanction has been initiated by the appropriate administrator.
        • Explain what role the complainant may have if there is a disciplinary proceeding.
        • Indicate to the complainant, when the findings have substantiated the complaint, that any recurrence of the harassing behavior should be promptly reported.
    2. Corrective Actions and Sanctions.
      1. For members of bargaining units.
      2. When, in the judgment of the appropriate administrator (President, Academic Vice President, Executive Vice President, or Dean of Student Services, depending on the reporting line of the alleged harasser), there is a substantiated complaint of sexual harassment against an employee belonging to a bargaining unit, a corrective action or sanction described in the applicable Memorandum of Understanding will be initiated.

      3. Procedures for managers.
      4. When, in the judgment of the appropriate administrator (President, Academic Vice President, Executive Vice President, or Dean of Student Services, depending on the reporting line of the alleged harasser), there is a substantiated complaint of sexual harassment against a manager, the appropriate administrator will:

        • Meet with the alleged harasser to discuss the allegations.
        • Determine which of the following sanctions is warranted by the magnitude of the substantiated complaint:
          • An oral reprimand
          • A written reprimand
          • Suspension without pay
          • Reassignment
          • Dismissal
        • If the manager has retreat rights into a position in a bargaining unit, when reassigned to that position the manager shall be entitled to all of the protections guaranteed members of that bargaining unit.
    3. Grievance Procedures:

      If the complainant is not satisfied with the University resolution of the complaint, there are grievance procedures available:

      1. If the manager, supervisor, confidential employee, or faculty member is dissatisfied with the resolution of his or her sexual harassment complaint, the appro?priate procedure for filing a grievance related to E.O. 345 is E.O. 419.
      2. If the person dissatisfied with the resolution of his or her complaint of sexual harassment is a student, the appropriate procedure for filing a grievance relating to EO 345 is the San José State University Student Grievance process.