Discrimination Complaint Procedures

These complaint procedures apply to the Sonoma State University (SSU) Non-Discrimination Policy.

The President has designated the Employee Relations and Compliance (ERC) Office responsible for maintaining and updating the University’s Non-Discrimination Policy, and receiving complaints related to discrimination and/or sexual harassment, including sexual assault. ERC is also the assigned campus administrator responsibility for ensuring compliance with federal, state, and California State University system-wide regulations prohibiting discrimination on the basis of race, color, religion, national origin, sex (including sexual harassment and sexual assault), sexual orientation, marital status, pregnancy, age, disability, medical condition and covered veteran status. For more information, contact Managing Director, Employee Relations and Compliance.

Employees and students, who believe they have been subjected to discrimination and/or sexual harassment, including sexual assault, have options available. Staff and faculty members can utilize the complaint/grievance procedures outlined in their Collective Bargaining Agreements (CBA), and/or file a complaint with the appropriate external government agency. Employees not covered by a CBA can utilize the complaint procedures outlined in Executive Order 928 and/or file a complaint with the appropriate external government agency. Students have the option of participating in the SSU Informal Resolution Process, filing a formal complaint with the Manager of Employee Relations and University Compliance (or other designee in the Employee Relations and Compliance Services Office), and/or filing a complaint with the appropriate external government agency.

Report sexual assault to Police Services immediately. Sexual assault is a form of sexual harassment and is also a violation of the criminal code. Thus, an individual reporting an allegation of sexual assault may initiate a criminal complaint, a discrimination complaint, or both, as the evidentiary standards and conclusions may differ. To file a criminal complaint, the reporting party should contact Police Services at (707) 664-2143. To file a complaint of discrimination with the University, the reporting party should use the SSU Discrimination Complaint Procedures.

Regardless of the means selected for resolving allegations of discrimination and/or sexual harassment (including sexual assault), the initiation of a complaint will not cause any negative reflection on the complainant, nor will it affect such person's future business dealings with the University, his or her employment, compensation or work assignments or, in the case of students, grades, class selection or other matters pertaining to his or her status as a student at the University. Every effort should be made to resolve any incident as soon as possible while the facts and potential testimony of witnesses, if any, are current.

It is the policy of the University that retaliation against complainants is prohibited. The University acts vigorously to prevent any retaliation being taken against those initiating inquiries or filing complaints; retaliation constitutes separate grounds for filing a complaint with these procedures and for potential disciplinary action against the alleged violator.

Any complaint alleging discrimination, including sexual harassment or sexual assault, will be investigated according to the procedures in this document. The investigation will result in findings being made and, if appropriate, recommendations for sanctions, and will normally be carried out prior to a decision to initiate discipline. Facts gathered and any findings made during an informal resolution or formal complaint process may be sufficient to obligate the University to take disciplinary action against a faculty member, staff member or student, or for the University to initiate a criminal investigation. If the University pursues disciplinary action against an alleged violator, Title V, HEERA or the appropriate Collective Bargaining Agreement will govern if a hearing is required. In the case of students, if both Housing Discipline and Student Discipline are initiated and require a hearing, the Housing and Student Discipline hearings will be combined into one hearing.

The discrimination and/or sexual harassment complaint investigation will be conducted independent of any criminal investigation. However, to the extent permissible by law, those conducting the criminal investigation and the discrimination investigation will cooperate. If a sexual assault report is made to any campus administrator, then Police Services and the Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) will be notified. If possible, the complainant will be provided with the option of participating in an initial meeting to be held which includes the Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) and an officer from the University Police to advise the complainant of various reporting options.

Informal Resolution Process (Optional)

Those initiating an informal resolution process have the option to have the University engage in an informal action (mediation or conflict resolution) so that the behavior stops. This may require the University to engage in fact-finding to determine if there is a discriminatory basis to their allegation. A formal statement is not required.

There are some alternatives, which may be taken prior to requesting the University’s assistance. For discriminatory and/or harassing conduct not considered sexual assault, persons who feel comfortable doing so may inform the individual perceived as engaging in discriminatory conduct or communication (hereafter termed alleged violator), orally or in writing, that such conduct or communication is offensive and must stop. Persons seeking to stop offensive behaviors should document all incidents and attempts at resolution. If a meeting is arranged, a neutral witness should be present.

If a person does not wish to or feels uncomfortable communicating directly with the alleged violator, or if direct communication with that individual has not resolved the problem, the person (hereafter termed complainant) should contact their Appropriate Administrator, School Dean, Residential Life Coordinator or Director of Residential Life, the Managing Director of Employee Relations and Compliance Services, or the Manager of Employee Diversity and University Compliance for assistance or advice, as soon as possible.

If you are a University or auxiliary employee not designated above and receive a complaint, refer the individual to their Appropriate Administrator, School Dean, Residential Life Coordinator or Associate Director of Residential Life, the Managing Director of Employee Relations and Compliance Services, or the Manager of Employee Diversity and University Compliance for assistance or advice, as soon as possible.

Persons requesting informal resolution have the right to be accompanied by a person of their choice. Discussions at this stage are informal and meant to assist in the process of informal resolution. If applicable, staff members should obtain authorization for release time as outlined in their respective Collective Bargaining Agreements. Faculty members should ensure arrangements are made for coverage of their duties.

An informal resolution must be reached within twenty (20) working days, and the complainant will be informed of the results, in writing within five (5) working days, including information on how to file a formal complaint. The timelines in these procedures may be extended by mutual agreement of the Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) and the complainant.

Every effort will be made to resolve the complaint at the lowest level possible and consistent with the desires of the complainant. However, the University recognizes that under certain circumstances, it has a legal obligation to ascertain where discrimination and/or harassment exist regardless of whether a formal complaint is actually filed.

If either the complainant or the alleged violator are under 18 years of age, the appropriate legal guidelines will be followed.

If a complainant finds that the results of the informal procedure are not satisfactory, s/he should contact the Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) as soon as possible to complete a Discrimination Complaint Form. This form must be filed within 365 days of the last alleged incident of discrimination and/or harassment.

Formal Complaint Process

Faculty, staff or administrators may file in accordance with Executive Order 928, if they are not covered by a Collective Bargaining Agreement, or in accordance with the provisions of the appropriate Collective Bargaining Agreement, if the employee is in a bargaining unit.

All students may use the Discrimination Complaint Form for resolving discrimination and/or sexual harassment complaints. Complaint forms should be filed with the Employee Relations and Compliance Services Office as soon as possible, and must be filed within 365 days of the last date of alleged harassment or discriminatory conduct or communication.

Information or assistance in completing the Discrimination Complaint Form may be obtained from the Managing Director, Employee Relations and Compliance. Potential complainants are urged to meet with the Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) prior to completing this form. When completed, it should be delivered to the Employee Relations and Compliance Services Office in Salazar, Administration and Finance Suite. In addition to requesting information about the complainant and the alleged violator, the form requests a response to the following questions:

If either the complainant or the alleged violator are under 18 years of age, the appropriate legal guideline will be followed.

Steps for Processing Formal Complaint

  1. Once the Employee Relations and Compliance Services Office has received the complaint form, the Manager of Employee Diversity and University Compliance will review the form.
  2. The Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) will contact the complainant and schedule an initial meeting with the complainant within three (3) working days of receiving the complaint form.
  3. The Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) and any co-investigator, if applicable, will conduct the initial meeting with the complainant within ten (10) working days.
  4. The Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) and any co-investigator, if applicable, will discuss the matter with the alleged violator, any witnesses, and review appropriate records within twenty (20) working days.
  5. The Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) and any co-investigator, if applicable, will determine if any violations of the University’s policy have occurred. Once a determination has been made, the Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) will meet with the Appropriate Administrator, School Dean, Judicial Affairs Officer and/or the Director of Residential Life to discuss appropriate action to be taken by the University within twenty-five (25) working days.
  6. The Appropriate Administrator, School Dean, Director of Judicial Affairs and/or the Director of Residential Life will meet with the alleged violator to discuss any actions taken by the University,including applicable disciplinary procedures, within thirty (30) working days.
    • For Staff, Faculty Members and Administrators - any discipline administered will be in accordance with the appropriate Collective Bargaining Agreement, federal, state or CSU guidelines. Sanctions may range from an oral warning or a letter of reprimand, to formal disciplinary proceedings with sanctions of suspension, demotion or dismissal.
    • For Students - during an investigation, students may be subject to interim suspension or housing relocation (either on or off-campus). Any discipline will be administered in accordance with Title 5 of the California Code of Regulations and appropriate CSU guidelines. One or more of the following sanctions will be implemented for students found to have violated the campus’ non-discrimination policy
      • Violations that involve sexual assault may include: denial of access to the campus, suspension, and/or expulsion.
      • Violations that involve inappropriate physical behavior may include: probation, denial of access to the campus, suspension, and/or expulsion.
      • Violations that involve inappropriate verbal behavior may include: an oral warning, probation, denial of access to the campus, suspension, and/or expulsion.
    • In addition to these sanctions, other appropriate administrative measures may be taken (e.g., loss of privileges, mandated referrals, eviction from housing, etc.). Any additional violations of the campus’ non-discrimination policy will result in a more serious sanction.
  7. The Manager of Employee Diversity and University Compliance (or other designee in the Employee Relations and Compliance Services Office) will draft and send a final report to the complainant and alleged violator outlining witnesses interviewed and/or records reviewed, specific allegations, findings, and action taken by the University within forty (40) working days.

General Guidelines

If an action is given in the final report, Appropriate Administrators must take the specific action within thirty (30) working days of receiving the report.

Immediate action will be taken upon receipt of a complaint unless the complainant requests a delay, in writing, indicating the reasons for the delay, and the University concurs with that request. A response to the request for delay will be mailed to the complainant within five (5) working days of receipt of the request.

When the timeline for the investigation would require interviewing students or faculty between semesters, (or if students, staff, or faculty are unavailable due to vacation, illness, etc.) and those interviews are significant to the complaint, these deadlines will be adjusted according to the period of absence or until the beginning of the following semester. The complainant will be notified, in writing, of any delays in the investigation.

Any exceptions to the timelines established above shall be requested in writing and require mutual consent of the University and the complainant.

Appropriate Outside Agencies (try SSU internal resolution first)

Employees

EEOC
United States Employment Opportunity Commission
350 The Embarcadero, Suite 500
San Francisco, CA 94105-1260
415-625-5600
Fax: 415-625-5609
TYY: 415-625-5610
DFEH
State of California Department of Fair Employment and Housing
San Francisco District Office
1515 Clay Street, Suite 701
Oakland, CA 94612
800-884-1684
510-622-2973
TYY: 800-700-2320

Students

OCR
Office for Civil Rights, San Francisco Office
US Department of Education
Old Federal Building
50 United Nations Plaza, Room 239
San Francisco, CA 94102-4102
415-556-4275
Fax: 415-437-7783
TDD: 415-437-7786
Email: OCR_Sanfrancisco@ed.gov

SONOMA STATE UNIVERSITY RESOURCES

United Against Sexual Assault

707-545-7273 (24 hour line)

Community Group offering counseling, support groups and victim advocates

 

Human Services

Managing Director of Employee Relations and Compliance Services, Salazar 2078, 664-4470

Police Services

University Police

707-664-2143

Emergency

On-campus phones, dial 911.

SSU Administrative Staff Authorized To Conduct Complaint Investigations

Complaint Investigators
Joyce Suzuki
Managing Director of Employee Relations & Compliance Services, Salazar 2078,707-664-4470
Co-Investigators
Mack Olson
Director of Judicial Affairs, Student Affairs, Salazar 1018, 707-664-2838
Stephen Green
Labor Relations Representative, Salazar 2050, 707-664-3717
Laurence Furukawa-Schlereth
Vice President, Administration and Finance, Salazar 2063, 707-664-2310
Matthew Lopez-Phillips
Acting Vice President, Student Affairs and Enrollment Management, Salazar 1018, 707-664-3123
William Babula
Dean, School of Arts and Humanities, Nichols 380, 707-664-2146
Saeid Rahimi
Dean, School of Science and Technology, Darwin 115, 707-664-2171
Elaine Leeder
Dean, School of Social Sciences, Stevenson 2078, 707-664-2120
Barbara Butler
Dean, Library, Schulz 3067, 707-664-2397
Mary Gendernalik Cooper
Dean, School of Education, Stevenson 1078, 707-664-2132
T.K. Clarke
Interim Dean, School of Business and Economics, Stevenson 2034, 707-664-3071
Kathleen Spitzer
Managing Director of Employee Services, Salazar 2078, 707-664-4265
Terrie DeLorm
HR Director Grants and Contracts, Salazar 2078, 707-664-2092
Harvey DeLorm
Associate Senior Director for Facilities Management, Corp Yard, 707-664-2124

Document Ownership

Employee Relations and Compliance Services (10/07)