Discrimination, Harassment, and Retaliation

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Wood blocks with the words related to protected statuses
Members of the CSU Bakersfield community have a right to work, live, and learn in an environment free from unlawful discrimination based on a protected status. CSUB is committed to maintaining an environment where no student, employee, visitor, or recipient of services and/or benefits provided by CSUB shall be subjected to any form of prohibited discrimination in any CSUB program or activity.

CSUB takes allegations of discrimination very seriously. Complaints alleging discrimination, harassment, and retaliation will be addressed in a timely and appropriate manner. If the complaints have merit, CSUB will promptly take actions to prevent recurrence and remedy the effects of the discrimination, harassment, or retaliation.

Interim CSU Nondiscrimination Policy

Read the full Interim CSU Nondiscrimination Policy.

Prohibited Conduct

The Nondiscrimination Policy prohibits Discrimination, Harassment, Sex-based Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, and Retaliation.

Reporting

Reporting An Incident

This report does not automatically initiate a Title IX Investigation. It provides you with an opportunity to inform the Title IX/DHR Coordinator of your experience and to receive support and information about your options.

Filing a report serves as official notice to the University and authorizes Title IX key personnel to initiate a preliminary inquiry into the information and allegations contained within the report.

Students, staff, faculty, or third parties wishing to file a report can use this form.
Reporting an Incident

File a Formal Complaint

This form should only be completed by the individual who experienced the unwanted behavior. 

This form serves as the means by which a complainant can file a formal complaint at CSU Bakersfield. Filing a formal complaint will initiate the grievance process related to the reported allegations which may include initiating an investigation and/or initiating the informal resolution process.

Please submit this form to report incidents involving alleged violations of CSU's Systemwide CSU Nondiscrimination Policy.

Students, staff, faculty, or third parties wishing to file a report can use this form.
Formal Complaint Form

Contact

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Vacant Role

Executive Director, Office of Civil Rights and ComplianceDHR Administrator

Melissa Carleton
Melissa Carleton

Title IX Coordinator & DHR Administrator

Phone: (661) 654-2713Email: mcarleton@csub.edu

Role of the DHR Administrator

The DHR Administrator investigates complaints of discrimination, harassment, and retaliation.  To file a complaint or if you have any questions/concerns please contact the DHR Administrator. 

Definitions

Discrimination is conduct that causes harm to a Complainant based on their actual or perceived Protected Status within the CSU’s educational programs, activities, or employment which results in the denial or limitation of services, benefits, or opportunities provided by the CSU. Under this Nondiscrimination Policy, the definition of Discrimination includes:  
  1. Different Treatment Discrimination: Different Treatment Discrimination occurs when the Complainant is: 1) treated less favorably; 2) than other similarly situated individuals under similar circumstances; 3) because of the Complainant’s actual or perceived Protected Status; and 4) not for a legitimate, nondiscriminatory reason. Insignificant or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant do not constitute “Different Treatment Discrimination.”
    • Under this Nondiscrimination Policy, discrimination in employment includes any adverse employment action or conduct that is reasonably likely to impair the Employee's job performance or prospects for advancement or promotion.
    • An allegation that an Employee is receiving unequal pay because of their Protected Status (for example, under the California Equal Pay Act) constitutes a Discrimination Complaint under this Nondiscrimination Policy.
  2. Disparate Impact Discrimination: Disparate Impact Discrimination occurs when a policy or practice that is neutral on its face has a disproportionate, adverse effect on individuals of a particular Protected Status.
Harassment means unwelcome verbal, nonverbal or physical conduct engaged in because of an individual Complainant's Protected Status. Harassment includes, but is not limited to, verbal harassment (e.g., epithets, derogatory comments, or slurs), physical harassment (e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement), and visual forms of harassment (e.g., derogatory posters, cartoons, drawings, symbols, or gestures.). Single, isolated incidents will typically be insufficient to rise to the level of Harassment.

Harassment may occur when:
  1. Submitting to, or rejecting, the verbal, nonverbal or physical conduct is explicitly or implicitly a basis for:
    1. Any decision affecting a term or condition of the Complainant's employment; or 
    2. Any decision affecting a Complainant's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.                                               
      OR
  2. The conduct is sufficiently severe or pervasive so that its effect, whether intended or not, could be considered by a reasonable person under similar circumstances and with similar identities, and is in fact considered by the Complainant, as creating an intimidating, hostile, or offensive work or educational environment that denies or substantially limits an individual's ability to participate in or benefit from employment and/or educational, services, activities, or other privileges provided by the CSU.
    Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: 
    1. The frequency, nature, and duration of the conduct; 
    2. Whether the conduct was physically threatening;
    3. Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
    4. The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities or employment;
    5. The Parties’ ages, roles within the CSU’s educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
    6. Other Harassment in the CSU’s educational programs, activities, or employment.
Retaliation is intimidation, coercion, or discrimination against any individual for the purpose of interfering with their exercise of any rights under this Nondiscrimination Policy by:
  1. Reporting or filing a Complaint;
  2. Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
  3. Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
  4. Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
  5. Assisting someone else in reporting or opposing a violation of this Nondiscrimination Policy or assisting someone else in reporting or opposing Retaliation under this Nondiscrimination Policy.
    • For purposes of this definition, Retaliation includes conduct that would discourage a reasonable person from reporting or participating in a process provided for in this Policy, including threats, intimidation, coercion, reprisals, discrimination, and adverse employment or educational actions.
    • Peer Retaliation, which is defined as Retaliation by one Student against another Student, is also prohibited.
    • Retaliation may occur even when there is not a power or authority differential between the individuals involved.
    • The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this definition.
    • Good faith actions lawfully pursued in response to a Complaint, such as gathering evidence, providing Supportive Measures, or disciplining Students or Employees found to be in violation of this Nondiscrimination Policy, without more, are not considered Retaliation.  
Interim CSU Nondiscrimination Policy – Employee Third-Party Procedures
Interim CSU Nondiscrimination Policy – Student Procedures

DACA Recipients

The U.S. Department of Justice, Civil Rights Division has an office dediated to ensuring that employers to not discriminate against individuals who are permitted to work in the U.S., including DACA recipients, who have been granted work-authorization. The Civil Rights Division has recently issued "Deferred Action for Childhood Arrivals (DACA) Recipients: Learn About Your Right to Work!"
Learn About Your Right to Work!