Appendix P
全系统禁止雇佣骚扰和举报或参与骚扰调查的报复政策
Executive Order: 927
Effective Date: January 6, 2005
- This executive order is issued pursuant to authority granted by sections I and II of the July 14, 2004 Standing Orders of the Board of Trustees of the California State University. 本行政命令适用于所有加州州立大学校园和校长办公室.
A. Policy
The California State University (CSU) is committed to maintaining a work environment where every employee, applicant, and independent contractor is treated with dignity and respect. CSU will not tolerate unlawful harassment based on race, color, religion, national origin, ancestry, age, sex, sexual orientation, marital status, veteran status, (as defined by the Vietnam-Era Veteran's Readjustment Assistance Act of 1974, as amended), physical disability, mental disability, or medical condition.
行政命令范围内的个人如果认为自己受到了骚扰，应立即向指定的负责接收骚扰投诉的校园管理人员报告.
CSU将以及时和适当的方式回应所有引起其注意的骚扰投诉. If the complaints have merit, CSU will promptly take actions to prevent recurrence and remedy the effects of the harassment. Persons who engage in harassment may be subject to discipline up to and including discharge. In determining whether the conduct at issue violates this policy, the totality of the circumstances shall be considered.
To prevent harassment, it is critical that individuals not be deterred from reporting it. CSU will not retaliate, nor will it tolerate retaliation.
B. Application
This systemwide policy prohibits: 1) harassment of any employee, applicant, or independent contractor; and 2) retaliation against such an individual for reporting conduct the individual reasonably and in good faith believes is harassment or participating in any investigation of harassment.
C. Definitions
Harassment
Harassment occurs when unwelcome conduct is engaged in because of a protected status of an individual, which include race, color, religion, national origin, ancestry, age, sex, sexual orientation, marital status, veteran status, physical disability, mental disability, or medical condition, and:
- Submission to such conduct is made, either explicitly, implicitly, a term or condition of an individual's employment;
- Submission to or rejection of such conduct by an individual is used as the basis or threatened to be used as the basis for employment or assessments affecting an individual; or
- Such conduct is so severe or pervasive that its effect, whether or not intended, is a work environment that could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as intimidating, hostile or offensive.
Harassment can be written (in print or electronically), verbal, visual, or physical. Examples of harassment include:
- Written communications, such as sending inappropriate jokes or comments in print or in e-mail;
- Verbal communications, 例如，对某人和/或他或她的身体或个人特征进行图形化或侮辱性的评论, or using epithets, derogatory comments or slurs;
- Physical acts, such as unwanted touching, physical interference, or even assault;
- Visual acts or displays, such as derogatory cartoons, drawings, or posters, or inappropriate gestures.
- Making unwelcome sexual advances or propositions, or offering employment benefits or giving preferential treatment in exchange for sexual favors;
- Making or threatening reprisals after a negative response to unwelcome conduct.
"Sex" includes, but is not limited to: the victim's actual sex; the harasser's perception of the victim's sex; the harasser's perceptions of the victim's identity, appearance, or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with victim's sex at birth; and pregnancy; childbirth; or medial conditions related to pregnancy or childbirth.
Sexual harassment is prohibited whether perpetrated by a CSU employee or a non-employee. Where the CSU employee who engages in unlawful sexual harassment is a supervisor or manager, the conduct is especially invidious. Sexual harassment may be perpetrated by someone who is of the same sex as the victim. 投诉性骚扰的人可能是被骚扰行为所针对的受害者，也可能是目击骚扰行为的第三方.
Employee
"Employee" includes any full- or part-time CSU employee, whether permanent , tenured, probationary, temporary, intermittent, casual employment, or Management Personnel Plan employee.
Applicant
“申请人”是指已经完成申请CSU或校长办公室特定职位的个人.
Independent Contractor
"Independent contractor" refers to "a person providing services pursuant to a contract." As defined by the Fair Employment and Housing Act, 根据“合同”提供服务的人是符合下列所有标准的人:
- 当事人有权控制服务合同的履行，并有权自行决定履行合同的方式.
- The person is customarily engaged in an independently established business.
- The person has control over the time and place the work is performed, supplies the tools and instruments used in the work, 并从事需要在雇主工作过程中通常不使用的特殊技能的工作.
Disability
A person with a "disability" is a person who:
- Has a physical or mental impairment which limits one or more major life activities; or
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
Medical Condition
"Medical Condition" means:
- A health impairment related to a a diagnosis of cancer or a record or history of cancer; or
- A genetic characteristic that is known to cause a disease or disorder, or to statistically increase the risk of developing a disease or disorder, but currently is not manifested in any symptoms of the disease or disorder.
D. Policy Implementation
The chancellor and the presidents, or their designees, shall be responsible for implementing this systemwide policy at each campus. This includes, but is not limited to, publicizing the policy, conducting training, 并建立一个与本行政命令相一致的行政结构，以促进预防和消除非法骚扰.
Training and Internal Communication
To prevent harassment and encourage the reporting of harassment, training shall be provided by each campus to all employees upon their initial arrival at the campus. Such training shall explain, but not be limited to: what constitutes harassment under applicable law; the rights and responsibilities of each individual relating to workplace harassment; the protection against retaliation for individuals who report harassment or participate in an investigation; the internal complaint procedures for filing, investigating and resolving a harassment 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). After training has been given to employees upon their arrival on campus, training shall be provided, when necessary, to refresh and update employee's knowledge of harassment and retaliation laws.
Recent amendments to FEHA include additional training requirement for supervisory employees, 谁通常必须在六个月内接受至少两个小时的交互式性骚扰培训, and continued training every two years.
每个校区应确保提供必要的培训，并保存所提供培训的文件.
每个校园应在所有员工到达校园时分发以下文件的副本. It is recommended that this information be made accessible for reference to current employees annually.
- 劳工处劳工处的小册子《足彩外围网站》[DFEH-162 (04/04)];
- This executive order, or a superseding document, if applicable;
- Executive Order 883, or a superseding document, if applicable; and
- Executive Order 675, or a superseding document, if applicable.
Each campus shall obtain the poster on discrimination in employment from the DFEH, or create an equivalent document, and shall post such poster/document in prominent and accessible locations on campus.
The chancellor and the presidents, or their designees, 指定个人负责接收和调查各自校园内的骚扰投诉. Once selected, each campus shall publicize the job titles, phone numbers and addresses of these individuals. Their job titles, rather than names, should be publicized so as to eliminate confusion when there is a staffing change. Training shall be provided to these individuals, as needed, to update their knowledge and skills.
Complaint Processing
Complaints of harassment are processed in the same manner as complaints of discrimination. 每个人可用于提交歧视投诉的内部投诉程序的类型将取决于两个因素:(1)个人的就业状况, and (2) the applicable collective bargaining agreement. To direct a person who has a harassment complaint to the appropriate complaint procedure, the campus should first determine whether the person is an employee, applicant, or independent contractor. If the person is an employee, the campus should next determine if the employee is covered by a collective bargaining agreement.
Employees Covered by a CBA
在集体谈判协议中规定了歧视或骚扰投诉程序的雇员，应参照各自劳动合同中的相关条款.
如果集体谈判协议没有规定提出歧视或骚扰索赔的程序或, 如果集体谈判协议没有规定雇员提出的歧视或骚扰索赔的类型(e.g., co-worker harassment), the employee shall be directed to Executive Order 675, or a superseding executive order, if applicable.
Employees Not Covered by CBA
Employees who do not belong to a collective bargaining unit (e.g., MPP and Confidential) shall be directed to utilize Executive Order 675, or a superseding executive order, if applicable.
Applicants and Independent Contractors
目前没有针对申请人或独立承包商的全系统歧视或骚扰投诉程序. Yet, 他们的骚扰投诉必须进行调查，并根据本行政命令以及州和联邦歧视法采取适当行动. Consequently, 每个校园应通过制定投诉程序来处理来自申请人和独立承包商的骚扰投诉，从而为这些调查提供支持. Such a procedure shall designate several persons to whom a report of harassment can be made.