DISCRIMINATION COMPLAINT PROCEDURE FOR
CURRENT STUDENTS OR APPLICANTS
FOR ADMISSION
PURPOSE
It is the policy of California State University, Sacramento (Sacramento State) to comply with all Federal and State laws and California State University policies regarding unlawful discrimination. Sacramento State is committed to creating an atmosphere in which all persons and groups can live, work and study, free of unlawful discrimination.
PERSONS AND GROUPS HAVING RIGHT TO FILE COMPLAINTS
In accordance with the equal opportunity policies of Sacramento State, these procedures provide students and applicants for admission with an opportunity to request and receive a fair and impartial review of any acts by a Sacramento State student, employee, or organization, or any on-campus incident that is believed to be discriminatory on the basis of race, color, national origin, disability, sex (including sexual harassment), gender, age (over 40), sexual orientation, religion, covered veterans status, or marital status.
Complaints about the provision of appropriate academic accommodations in classes in which a student with disabilities is currently enrolled may be addressed through the Academic Program Access for Students with Disabilities Conflict Resolution process by contacting the ADA/504 Compliance Coordinator in the Human Resources Office, 162 Sacramento Hall, (916) 278-6907.
These procedures were adopted to encourage students and applicants for admission to seek redress of perceived discrimination through an internal process that is readily available, prompt, and meets high standards of fairness. However, no student or applicant is precluded by these procedures from filing a complaint, at any time, with the U.S. Department of Education, Office for Civil Rights, 50 United Nations Plaza, San Francisco, CA 94102-4987, tel. no. 415-556-4275, or other Federal and State of California departments that handles discrimination complaints.
COMPLAINT FILING DEADLINE
A student or an applicant for admission may submit a complaint within 180 calendar days after he or she knows, or should have known that an action of discrimination had taken place. Acceptance of a complaint filed after the 180 day guideline is discretionary and is not intended for, nor shall it, waive timeliness defenses the University may otherwise have available in any external judicial or administrative proceedings.
FILING A COMPLAINT
A student or an applicant for admission may submit a complaint to the Director of Equal Opportunity/Affirmative Action, C alifornia State University, Sacramento , 6000 J. Street, Sacramento Hall, Room 162, Sacramento, CA 95819-6032, tel. (916) 278-6907.
ACKNOWLEDGEMENT OF COMPLAINT
The Equal Opportunity/Affirmative Action Office shall notify in writing the student or applicant for admission who has filed a complaint within ten (10) days of receipt, whether the complaint is being processed or has been found to be deficient in some manner. A letter of notification shall identify any complaint issue(s) that have been accepted and state the time frames for informal resolution, formal investigation and appeal to the President.
INFORMAL RESOLUTION
Upon acknowledgment that a complaint is being processed, at the option of the student or applicant for admission, the Director of Equal Opportunity/Affirmative Action will have thirty (30) days to attempt to resolve the complaint informally in a manner that addresses any harm that may have been suffered as a result of possible discrimination and prevents similar possible discrimination from recurring. This timeline may be extended by the Director of Equal Opportunity/Affirmative Action in writing to the student or applicant, stating the reason for an extension. If informal resolution is not successful, the Director of Equal Opportunity/Affirmative Action will provide written notice to the student or applicant of the right to file a formal complaint within ten (10) working days of the date of the notice in accordance with the procedure described below.
The student or applicant has the option to proceed directly to the Formal Investigation stage, bypassing the Informal Resolution.
FORMAL INVESTIGATION
Complaints must be filed in writing to the Director of Equal Opportunity/Affirmative Action within 180 calendar days after he or she knows, or should have known that an action of discrimination had taken place or within ten (10) working days of written notice of the conclusion of the informal resolution process described above.
Upon receipt of a written complaint, the Director of Equal Opportunity/Affirmative Action will conduct a thorough, impartial investigation that meets basic procedural standards of fairness and justice, including the right to be represented and an opportunity to present witnesses and other evidence. This investigation will take a maximum of sixty (60) days and will conclude with issuance of an investigation report to the appropriate Vice President or Dean as described below.
Within 5 working days of the conclusion of the investigation, the Director of Equal Opportunity/Affirmative Action will present the investigative report and a recommendation for action to the appropriate Vice Presidents(s) or Dean(s) of the campus with authority to act on the report and provide the student or applicant for admission with an appropriate remedy for any possible discrimination suffered. The appropriate Vice President(s) or Dean(s) of the campus will have ten (10) days to act on the report of the Equal Opportunity/Affirmative Action Office.
Within 5 working days of the conclusion of the investigation, the Director of Equal Opportunity/Affirmative Action will also notify the complainant in writing of the findings of the investigation, including whether discrimination occurred. The notice will also describe any remedial action taken, to the extent allowed by law and applicable employee union contracts, and will explain how to appeal the finding.
This timeline may be extended for good cause by the Director of Equal Opportunity/Affirmative Action in writing to the student or applicant for admission, stating the reason for an extension.
In cases where the informal resolution process is not successful but there is no written request for a formal investigation, the Director of Equal Opportunity/Affirmative Action, in consultation with an appropriate University administrator may initiate a Formal Investigation after making a preliminary inquiry into the facts.
APPEAL TO PRESIDENT
If the complainant remains dissatisfied with the resolution of his or her complaint of discrimination, the complainant has the right to appeal the outcome of the investigation in writing to the President of Sacramento State (or designee) within ten (10) days of receipt of notice from the Director of Equal Opportunity/Affirmative Action. The President will have twenty-one (21) calendar days to act on the appeal, and to provide a written decision to the student or applicant for admission.
RIGHT TO REPRESENTATION
Any complainant who has filed a complaint with the Equal Opportunity/Affirmative Action Office may be represented by another person at any stage of this complaint process, provided that he or she gives the Equal Opportunity/Affirmative Action Office written notice of the designated representative.
EXTENSIONS IN PROCEDURAL DEADLINES
Reasonable extension of any time limit in these procedures may be granted by the Equal Opportunity/Affirmative Action Office for just cause, provided all concerned parties are given adequate written notice of the extension.
RETALIATION PROHIBITED
Retaliation, intimidation, or harassment of any kind by an employee or agent of Sacramento State against a person or group seeking redress under these complaint procedures in an investigation or otherwise participating in any proceeding under or activity protected by this policy is prohibited.
In the event of perceived retaliation, a complainant should file a retaliation complaint with the Director of Equal Opportunity/Affirmative Action at the address identified above. The complaint of retaliation will be processed under these procedures by the Director of Equal Opportunity/Affirmative Action or a designee as appropriate.
CONFIDENTIALITY
Every effort will be made by Sacramento State to protect the confidentiality of all participants in the processing of a complaint. Disclosure of information will be limited to the persons necessary to the investigation, mediation and resolution of the complaint.
