SDSU Research Foundation (SDSURF) is committed to providing a work and an educational environment that is free from unlawful harassment, discrimination, or retaliation of any kind, including unlawful sexual harassment and harassment based on such protected characteristics include, but may not be limited to, an individual’s race (including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, or any other status protected by federal, state, or local laws.

In keeping with this commitment, SDSURF maintains a strict policy that prohibits unlawful harassment and discrimination of employees by managers, supervisors, or co-workers and students by teachers, coaches, counselors and peer advisors. Visitors to the campus and workers employed by the University, other auxiliaries, and other public or private organizations engaged in business with SDSURF are expected to comply with this policy. Harassment can occur in the workplace, after hours, or on social media. It should always be reported and will not be tolerated.

The purpose of this policy is to: (1) familiarize SDSURF employees with the definition of unlawful harassment and discrimination and the forms it can take; (2) confirm that unlawful harassment and discrimination will not be tolerated and is contrary to the standards of conduct expected and required of SDSURF employees; and (3) make clear that employees who engage in unlawful harassment and discrimination are subject to possible disciplinary action which may include discharge.

Definition of Harassment

For the purposes of this policy, unlawful harassment means disrespectful or unprofessional conduct, including disrespectful or unprofessional conduct based on an individual’s race (including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, or any other status protected by federal, state, or local laws.

While it is not possible to list all the circumstances that may constitute other forms of workplace harassment, some examples of conduct that may constitute workplace harassment include:

• The use of disparaging or abusive words or phrases, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to the above protected categories;
• Written or graphic material that insults, stereotypes, or shows aversion or hostility toward an individual or group because of one of the above protected categories and that is placed on walls, bulletin boards, email, voicemail, or elsewhere on SDSURF premises, or circulated in the workplace; and
• A display of symbols, slogans, or items that are associated with hate or intolerance toward any select group.

Under most circumstances, harassment refers to the type of conduct that is pervasive, repetitive, and that is sufficiently severe to alter the conditions of an employee's employment or a student's education or employment. It also may refer to a single incident that is sufficiently outrageous or harmful, in and of itself, that it substantially alters the conditions of an employee's employment or interferes with that individual's ability to perform job related responsibilities.

Employees also should not confuse harassment with supervision. Supervisors have the right and responsibility to define the job that they want an employee to perform, as well as the manner in which an employee must perform that job. Thus, close supervision of an employee (which includes, but is not limited to, counseling and warnings about job performance, inappropriate conduct, or other performance issues) is not considered to be an example of unlawful harassment.

Sexual Harassment

Sexual harassment means harassment based on sex or conduct of a sexual nature, and includes harassment based on sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, or gender expression. It may include all of the actions described above as harassment, as well as other unwelcome sex-based conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities, or other verbal or physical conduct of a sexual nature. Sexually harassing conduct need not be motivated by sexual desire and may include situations that began as reciprocal relationships, but that later cease to be reciprocal.
Sexual harassment is generally categorized into the following two types:

• Quid pro quo sexual harassment (“this for that”), which includes:
  • Submission to sexual conduct when made explicitly or implicitly a term or condition of an individual’s employment.
  • Submission to or rejection of the conduct by an employee when used as the basis for employment decisions affecting the employee.
• Hostile work environment sexual harassment is conduct of a sexual nature or on the basis of sex by any person in the workplace that unreasonably interferes with an employee’s work performance and/or creates an intimidating, hostile, or otherwise offensive working environment. Examples include:
  • Unwelcome sexual advances, flirtation, teasing, sexually suggestive or obscene letters, invitations, notes, emails, voicemails, or gifts.
  • Sex, gender, or sexual orientation-related comments, slurs, jokes, remarks, or epithets.
  • Leering, obscene or vulgar gestures, or sexual gestures.
  • Displaying or distributing sexually suggestive or derogatory objects, pictures, cartoons, or posters or any such items.
  • Impeding or blocking movement, unwelcome touching, or assaulting others.
  • Any sexual advances that are unwelcome as well as reprisals or threats after a negative response to sexual advances.
  • Conduct or comments consistently targeted at one gender, even if the content is not sexual.

Retaliation

Retaliation means any adverse employment action taken against an employee because the employee engaged in activity protected under this policy. Protected activities may include, but are not limited to, reporting or assisting in reporting suspected violations of this policy and/or cooperating in investigations or proceedings arising out of a violation of this policy.

Adverse employment action is conduct or an action that materially affects the terms and conditions of the employee’s employment status or is reasonably likely to deter the employee from engaging in protected activity. Even actions that do not result in a direct loss of compensation may be regarded as an adverse employment action when considered in the totality of the circumstances.

Examples of retaliation under this policy include but are not limited to: demotion, suspension, reduction in pay, denial of a merit salary increase, failure to hire or consider for hire, refusing to promote or consider for promotion because of reporting a violation of this policy, harassing another employee for filing a complaint, denying employment opportunities because of making a complaint or for cooperating in an investigation, changing someone’s work assignments for identifying harassment or other forms of discrimination in the workplace, treating people differently such as denying an accommodation, not talking to an employee when otherwise required by job duties, or otherwise excluding the employee from job-related activities because of engagement in activities protected under this policy.

Reporting and Complaint Procedure

Employees and students are encouraged to report incidents of inappropriate or unwelcome conduct whenever it occurs. Employees and students are not required to wait for the conduct to be repeated or to worsen. Any incident of unlawful harassment or discrimination, by any SDSURF employee or any other person, should be reported promptly to the employee's supervisor or manager and/or to the Director of Human Resources, who will arrange for an investigation of the matter. Managers who receive complaints or who observe harassing or discriminatory conduct are required to immediately inform the Director of Human Resources. Employees or students may contact Human Resources directly and are not required to complain first to their supervisor.

All complaints of unlawful harassment and discrimination are taken seriously, and are promptly and objectively investigated. For example, an investigation may include interviews of individuals who might have information pertaining to the alleged harassment or discrimination. If SDSURF begins an investigation, an effort will be made to keep the investigation, including the names of complaining employees and witnesses, confidential to the extent possible. In the same way, anyone involved in an investigation of harassment or discrimination has an obligation to keep all information about the investigation confidential. SDSURF will only share information about a complaint of harassment or discrimination with those who need to know about it. Failure to keep information about an investigation confidential may result in disciplinary action.

In some instances, an employee or a student may approach Human Resources and informally discuss whether certain conduct might constitute unlawful harassment or discrimination, without filing a formal complaint. Nevertheless, even if a formal complaint has not been filed, it is SDSURF's policy that reported complaints of unlawful harassment and discrimination will be investigated.

When the investigation has been completed, SDSURF will normally communicate the results of the investigation to the complaining employee or student, to the alleged harasser and, if appropriate, to others who are directly involved. If SDSURF's Policy Against Unlawful Harassment and Discrimination is found to have been violated, appropriate corrective action, up to and including termination, will be taken against the harasser so that further harassment will be prevented. In some situations, mediation may be the appropriate remedy. Mediation includes, but is not limited to, steps that will enable everyone involved to find a mutually agreeable solution that stops the harassing or discriminatory behavior. Both the rights of the alleged harasser and the complainant will be considered in any investigation and subsequent action.

No Retaliation

It is the obligation of all employees to cooperate fully in the investigation process. In addition, disciplinary action may be taken against any employee who is uncooperative or who attempts to discourage or prevent an employee from using SDSURF's complaint procedure to report unlawful harassment or discrimination. Retaliation by a SDSURF employee against any individual who makes a complaint of unlawful harassment or discrimination is strictly prohibited. Similarly, no retaliation will occur to any person who participates or cooperates in any manner in an investigation or any other aspect of the process described herein. Retaliation is itself a violation of this policy and is a serious offense. Complaints regarding allegations of reprisal should be immediately brought to the attention of the Director of Human Resources.

Corrective Action

If unlawful harassment of or by a SDSURF employee is established, SDSURF will take action that is reasonably calculated to stop the harassment. In cases in which the alleged harasser is not an employee or student, SDSURF will take action to minimize the recurrence of any unlawful behavior.

Discipline that SDSURF or the University may impose on employees for behavior that violates this policy (or for other unprofessional conduct by a faculty, teacher, coach, counselor or staff member) may include, but is not limited to, reprimand, mandatory attendance at an unlawful harassment training program, suspension, demotion, or dismissal. Unlawful harassment by non-employees may result in restricting the harasser's access to campus.

Support

There are many support services available to employees who feel they have been, or are being, unlawfully harassed. At SDSURF, such support services for non-student employees may include the Employee Assistance Program (EAP), or Campus Police. Students at SDSU who are also employees of SDSURF may also seek assistance from the Office of Counseling and Psychological Services, the Office of the Ombudsmen, the Women's Resource Center, and Student Health Services. SDSURF also provides training programs aimed at preventing unlawful harassment and discrimination through proper education of its employees and supervisors.

Other People to Contact

The Office of Employee Relations & Compliance (OERC) is the office at the University that is designated to coordinate the University's response to complaints of unlawful harassment and discrimination. Complaints of harassment and discrimination may be reported to the Employee Relations & Compliance Office at 619-594-6464 or at http://oerc.sdsu.edu. They may document the complaint and redirect the complainant to the appropriate employer, including SDSURF. Any report of unlawful harassment or discrimination to an officer of the University is considered a report to the University. Those officers are listed on the OERC website on the SDSU Homepage. However, neither the officers of the University nor the OERC coordinate SDSURF's response to complaints. Notice to the OERC or a University official does not constitute notice to SDSURF. Therefore, conversations with persons other than professional staff in SDSURF Human Resources Department do not constitute notice to SDSURF of unlawful harassment.

In addition to the internal complaint procedures, employees may also contact either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) to report unlawful harassment. Employees must file a complaint with the DFEH within three years of the alleged unlawful action. The EEOC and the DFEH serve as neutral fact-finders and will attempt to assist the parties to voluntarily resolve their disputes. For more information, contact the Human Resources Department or the nearest EEOC or DFEH office.

Filing of Complaints Outside Company

You may file formal complaints of discrimination, harassment, or retaliation with the agencies listed below. Contact these agencies directly for more information about filing processes.

• California Department of Fair Employment and Housing 2218 Kausen Drive, Suite 100 Elk Grove, CA 95758 800-884-1684 (voice), 800-700-2320 (TTY) or California’s Relay Service at 711 contact.center@dfeh.ca.gov https://www.dfeh.ca.gov (main website) https://www.dfeh.ca.gov/shpt/ (online sexual harassment training courses)
• U.S. Equal Employment Opportunity Commission 450 Golden Gate Avenue 5 West P.O. Box 36025 San Francisco, CA 94102-3661 800-669-4000 or 510-735-8909 (deaf/hard-of-hearing callers only) http://www.eeoc.gov/employees

Further Information

SDSURF provides its employees with SDSURF's Policy Against Unlawful Harassment and Discrimination concerning information on sexual harassment in the workplace. If you have any questions concerning this Policy, please feel free to contact SDSURF Human Resources.

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