Report 2022-109 Recommendation 5 Responses

Report 2022-109: California State University: It Did Not Adequately or Consistently Address Some Allegations of Sexual Harassment (Release Date: July 2023)

Recommendation #5 To: University, California State

To ensure that campuses adequately address problematic behavior that does not meet the threshold of sexual harassment, the Chancellor's Office should, by January 2025, establish a systemwide policy or systemwide procedures for addressing this type of unprofessional or inappropriate conduct. At minimum, the Chancellor's Office should require that when campuses determine through an investigation that a respondent's conduct does not meet the threshold of sexual harassment, but that the conduct nevertheless occurred and was unprofessional or inappropriate, campuses make written findings specific to the unprofessional conduct and impose discipline or corrective action, as appropriate, based on the conduct.

Annual Follow-Up Agency Response From March 2025

In January 2025, the Chancellor's Office issued guidance for addressing problematic behavior that does not meet the threshold of sexual harassment. The Chancellor's Office describes this type of behavior as "other conduct of concern" and defines it as conduct that does not violate CSU policies or local, state or federal laws and, therefore, does not warrant disciplinary action but that nevertheless negatively impacts the learning, living and working environment of the CSU community. These guidelines also explain that while they do not establish new disciplinary procedures, processes, or policies, if it is determined that a report of OCC may warrant discipline, it will be referred to human resources, civil rights, faculty affairs, and/or student affairs professionals, as appropriate, to be addressed through preexisting policies and disciplinary processes as detailed in the applicable CSU Collective Bargaining Agreements ("CBAs"), CSU's Student Conduct Process and Student Conduct Code (as set forth in 5 CCR section 41301), California Education Code section 89535 et seq., CSU's Management Personnel Plan (as set forth in 5 CCR section 42720), and Title 5 of the California Code of Regulations regarding Discipline, section section 43520-43526. The expectations set forth in this guidance document are also referenced in the guidance on sexual harassment structure and analysis and the guidance on retention of external investigations, both issued in June 2024.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

The Chancellor's Office has developed draft guidance for assessing and addressing problematic behavior that does not meet the threshold of sexual harassment, but which is nevertheless unprofessional or inappropriate. The draft guidance was presented to the Board of Trustees during the May 2024 meeting as an information item. The Board of Trustees reviewed the guidance and provided feedback. Additionally, other stakeholder groups are reviewing the guidance and the Chancellor's Office has been collecting feedback since April 2024. The Chancellor's Office is reviewing the feedback and will issue updated guidance by January 2025.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

The Chancellor's Office is developing guidance for assessing and addressing problematic behavior that does not meet the threshold of sexual harassment, but which is nevertheless unprofessional or inappropriate. A status update will be provided to the Board of Trustees at the January 2024 meeting.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Chancellor's Office is developing a process to address problematic behavior that does not meet the threshold of sexual harassment, but which is nevertheless unprofessional or inappropriate.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2022-109

Agency responses received are posted verbatim.