Discrimination, Harassment, and Retaliation
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
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
Executive Director of Equity, Inclusion, and ComplianceDHR Administrator
Email: mbrown59@csub.edu
Assistant Director for Equity, Inclusion and ComplianceDeputy DHR Administrator
Email: jvillatoro8@csub.eduRole 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:
- 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.
- 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:
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Submitting to, or rejecting, the verbal, nonverbal or physical conduct is explicitly or implicitly a basis for:
- Any decision affecting a term or condition of the Complainant's employment; or
- 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
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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:
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The frequency, nature, and duration of the conduct;
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Whether the conduct was physically threatening;
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Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
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The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities or employment;
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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
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Other Harassment in the CSU’s educational programs, activities, or employment.
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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:
- Reporting or filing a Complaint;
- Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
- Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
- Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
- 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.
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- 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.
DACA Recipients