Discrimination, Harassment, & Retaliation

Overview

Discrimination and harassment can directly or indirectly impact an individual's ability to work and study. It is the policy of the University to maintain an academic and work environment free of discrimination and discriminatory harassment for all students and employees. The University takes all reports of discrimination seriously, and investigates each complaint thoroughly. 

Additionally, the University prohibits retaliation taken against a student or employee that has or is believed to have opposed conduct believed to constitute discrimination that which the University prohibits; filing a complaint about such practices; or testifying or participating in an investigation related to a discrimination complaint. Retaliation includes adverse actions that are reasonably likely to deter an individual from opposing conduct or filing a complaint about such practices.

This applies to all programs, activities, employment practices and operations of the University. This includes the conduct of all students and employees arising out of their employment or educational or academic status, as well as the conduct of all guests, visitors, vendors, contractors, subcontractors and others who do business with Humboldt State University.

If you or someone you know has experienced discrimination, harassment, or other inappropriate behavior due to your gender, sex, or protected statuses, you have options for support and accountability through the Title IX and DHR Prevention Office. Our office is available to listen, answer questions, provide clarification on the policies, and receive reports.

Need to report an incident?

Additional details and information about the reporting process and options are located under the "Reporting Process" tab on our website.

Prohibited Discrimination and Harassment Against Students:

No student may be discriminated or harassed against on the basis of race, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, or any other status protected by law as defined in CSU Executive Order 1097R. The provision includes access admission to, or participation in, or the benefits of, any service, program, course or facility.

Prohibited Discrimination and Harassment Against Employees:

No employee may be discriminated or harassed against on the basis of race, color, creed, religion, age, sex, sexual orientation, gender identity or expression, national origin, ancestry, disability, pregnancy, marital or parental status, genetic information, arrest record, conviction record, military service, veteran status, use or nonuse of lawful products off the employer's premises during nonworking hours, declining to attend a meeting or participate in any communication about religious matters or political matters, or any other category protected by law as defined in CSU Executive Order 1096R . This provision includes employment-related actions, such as recruitment, interviewing, testing, screening, selection, placement, classification, evaluation, transfer, promotion, training, compensation, fringe benefits, layoffs, and /or dismissal.

Definitions

Protected Status includes Age, Disability (physical or mental), Gender (or sex), Genetic Information, Gender Identity (including transgender), Gender Expression, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion or Religious Creed, Sexual Orientation, and Veteran or Military Status.

Click on the words below for the full definition, per EO 1096/1097.

Adverse Action

Adverse Action

Adverse Action means an action that has a substantial and material adverse effect on the Complainant's employment or ability to participate in a University program or activity free from Discrimination, Harassment or Retaliation.

Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.

Age

Age

Age, with respect to employment discrimination, refers to the chronological age of any individual who has reached their 40th birthday.

With respect to discrimination in non-employment programs and activities, Age means how old a person is, or the number of years from the date of a person's birth.

Age-based stereotype refers to generalized opinions about matters including the qualifications, job performance, health, work habits, and productivity of individuals over forty.

Disability

Disability

Disability, as defined in California Education Code §66260.5, Government Code § 12926 and the federal Americans with Disabilities Act (ADA), 2008 Amendments, means:

  • Having a physical or mental condition that limits a major life activity. "Limits" means making the achievement of a major life activity difficult. "Limits" is determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A "major life activity" is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing) and working; or
  • Having a known history of a qualifying impairment; or
  • Being regarded or treated as having or having had a qualifying impairment; or
  • Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.

Discrimination

Discrimination

Discrimination means Adverse Action taken against a Student, an Employee, or Third Party by the CSU, a CSU employee or a Student, because of a Protected Status.

Gender

Gender

Gender means Sex, and includes Gender Identity, Gender Expression, and transgender. It also includes sex stereotyping.

  • Sex includes, but is not limited to, pregnancy, childbirth, breastfeeding or any related medical condition(s).
  • Gender Identity means a person's identification as male, female, a gender different from the person's sex at birth, or transgender.
  • Gender Expression means a person's gender-related appearance or behavior whether or not stereotypically associated with the person's assigned sex at birth.
  • Sex stereotype means an assumption about a person's appearance or behavior or about an individual's ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual's sex.
  • Transgender is a general term that refers to a person whose gender identity differs from the person's sex at birth. A transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. A transgender person may or may not identify as transsexual.

Genetic Information

Genetic Information

Genetic Information means:

  • The person's genetic tests.
  • The genetic tests of the person's family members.
  • The manifestation of a disease or disorder in the person's family members.
  • Any request for, or receipt of genetic services, or participation in clinical research that includes genetic services, by a person or any person's family member.

Genetic Information does not include information about the sex or age of any person.

Harassment

Harassment

Harassment means unwelcome conduct engaged in because of a Complainant's Protected Status and:

  • Submission to, or rejection of, the conduct is made a term or condition of the Complainant's employment; or
  • Submission to or rejection of such conduct by the Complainant is used as the basis or threatened to be used as the basis for employment actions or decision affecting the Complainant; or
  • The conduct is sufficiently severe or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the Complainant, and is in fact considered by the Complainant, as intimidating, hostile or offensive.

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.)

Marital Status

Marital Status

Marital Status means an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state.

Medical Condition

Medical Condition

Medical Condition means either of the following:

  • Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer; or
  • Genetic characteristics. For purposes of this section, "genetic characteristics" means either of the following:
    • Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder; or
    • Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.

Nationality

Nationality

Nationality includes citizenship, country of origin, and national origin. It also includes language use restrictions and holding or presenting a driver's license issued under section 12801.9 of the Vehicle Code.

Race or Ethnicity

Race or Ethnicity

Race or Ethnicity includes ancestry, color, ethnic group identification, and ethnic background.

Religion or Religious Creed

Religion or Religious Creed

Religion or Religious Creed and includes all aspects of religious belief, observance, and practice, including religious dress and grooming practices, and includes agnosticism and atheism. Religious dress and grooming practices, such as wearing religious clothing, head or face covering, jewelry, and artifacts, are part of a Complainant's religious observance or belief.

Retaliation

Retaliation

Retaliation means Adverse Action taken against a person because the person has or is believed to have:

  • Exercised rights under the CSU EOs;
  • Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this Executive Order;
  • Assisted or participated in a policy-related investigation/proceeding regardless of whether the Complaint was substantiated; or,
  • Assisted someone in reporting or opposing a violation of this Executive Order, or assisted someone in reporting or opposing Retaliation under this Executive Order.

Retaliation may occur whether or not there is a power or authority differential between the individuals involved.

Sexual Orientation

Sexual Orientation

Sexual Orientation means one's preference in sexual partners and includes heterosexuality, homosexuality or bisexuality.

Veteran or Military Service

Veteran or Military Service

Veteran or Military Status means service in the uniformed services.