Appendix 2: Discrimination and Harassment (last revised December 3, 2020)

Section 1: Policy Statement

Colorado State University (CSU) is a land-grant institution committed to offering access in its educational, scholarly and outreach activities to all individuals representative of our multi-cultural society and providing an environment of excellence in which all individuals can participate to the full level of their capabilities, realize their aspirations and contribute to the global society in which we live. In this pursuit, the University is committed to providing an environment that respects the dignity and worth of every member of its community and strives to create and maintain a work and study environment that is equitable, inclusive, and responsible so that each member of the University community is treated with dignity and respect and is rewarded for relevant considerations such as ability and performance. As a means of achieving these goals and to prevent harm arising from discrimination and harassment, the University prohibits discrimination and harassment, including sexual harassment and retaliation, as defined in this policy, by or against any member of or visitor to CSU.

Colorado State University is committed to providing an environment that is free from discrimination and harassment based on race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy and will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. Such an environment is necessary to a healthy learning, working, and living atmosphere because discrimination and harassment undermine human dignity and the positive connections among all people at our university. Acts of discrimination and harassment will be addressed consistent with this policy.

Consistent with state and federal law, reasonable accommodation will be provided to persons with disabilities.

Discrimination and harassment are very serious matters that can have far-reaching, current and future impact on the lives, educational experience, and careers of individuals. Intentionally false accusations can have a similar impact. Discrimination and harassment are strictly prohibited by the University and will not be tolerated. An individual who impermissibly discriminates against another, or an individual who knowingly and intentionally files a complaint under this policy containing false statements or information, is subject to university discipline.

Section 2: Definitions Used in this Policy

For the purposes of determining whether a particular course of conduct constitutes discrimination or harassment under this policy, the following definitions will be used:

Complainant: The person who reports or is reported by another person as having been subjected to acts potentially constituting discrimination, harassment, sexual harassment, or retaliation by another.

Discrimination is conduct that is based upon an individual’s race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy that (a) excludes an individual from participation in, (b) denies the individual the benefits of, (c) treats the individual differently from others in, or (d) otherwise adversely affects a term or condition of an individual’s employment, education, living environment or university program or activity. It is unlawful discrimination for an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of any of the listed protected identities. Consistent with state and federal law, this includes failing to provide reasonable accommodations to persons with disabilities or to accommodate religious practices.

Harassment is a form of discrimination and is conduct based upon an individual’s race, age, creed, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or pregnancy that is unwelcome and sufficiently severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or offensive, or that substantially interferes with an individual’s work or education. Intent is irrelevant in the determination of prohibited harassment. Depending upon the facts, harassment could include, but is not limited to threats, physical contact or violence, pranks, jokes, bullying, epithets, derogatory comments, or vandalism.

Even if actions are not directed at specific persons, a hostile environment may be created when the conduct is sufficiently severe or pervasive so as to substantially interfere with or limit the ability of an individual in the environment to work, study, or otherwise participate in activities of the University.

Conduct alleged to be harassment, including sexual harassment (defined below), will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the conduct. Although repeated incidents generally create a stronger claim of harassment, a serious incident, even if isolated, can be sufficient.

Sexual Harassment* is any unwelcome sexual advance, request for sexual favors, or other conduct of a sexual nature when:

1. 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education or participation in a university activity;
   2. Submission to or rejection of such conduct by an individual is used as the basis for, or a factor in, decisions affecting that individual’s employment, education or participation in a university activity; or
   3. Such conduct is sufficiently severe or pervasive to unreasonably interfere with an individual’s employment or academic performance or create an intimidating, hostile or offensive environment for that person’s employment, education or participation in a university activity.

Depending upon the facts, examples of sexual harassment could include, but are not limited to: unwelcome sexual advances; repeated and unwelcome sexually-oriented bullying, teasing, joking, or flirting; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, touching, pinching, or brushing against another’s body; or displaying objects or pictures, including electronic images, which are sexual in nature and which create a hostile or offensive work, education, or living environment.

The fact that a consensual relationship exists, in and of itself, is not a defense to a charge of sexual harassment. Conduct may occur within a consensual relationship or following termination of a consensual relationship that is unwelcome and meets the definition of sexual harassment under this policy or as defined by the University’s Title IX policy.*

The University’s Consensual Relationship Policy prohibits faculty from entering into new consensual relationships with a student over whom they have any evaluative authority. The asymmetry of the faculty-student relationship means that any sexual relationship between a faculty member and a student is potentially exploitative. In the event of a charge of sexual harassment, the University will in general be unsympathetic to a defense based upon consent when the facts establish that a professional faculty-student, staff-student, or supervisor-employee power differential existed within the relationship.

*For the definition of sexual harassment pursuant to Title IX of the Education Amendments Act of 1972, see the CSU Policy on Sexual Harassment. Sexual harassment is prohibited by both Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments Act of 1972, and by both this policy and the CSU Policy on Title IX Sexual Harassment. The Office of Equal Opportunity will explain the applicability of these laws and policies to parties involved in a complaint and grievance procedure involving sexual harassment.

Respondent: The person reported to have engaged in one or more acts that may constitute a violation of this policy, including discrimination, harassment, sexual harassment, or retaliation.

Retaliation is any materially adverse action taken against an individual or someone associated with that individual because they have participated or may participate in a protected activity, such as making a complaint or report; serving as a witness; assisting in an investigation, grievance procedure, hearing, or related activity concerning an unlawful practice or violation of university policy; or opposing a discriminatory practice. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy or participating in the complaint processes under this policy. For there to be retaliation, there must be a causal connection between the protected activity and the materially adverse action. The University strictly prohibits retaliation. Depending upon the facts, examples of conduct that may be retaliation may include, but are not limited to demotion, denial of raise, termination, threats, harassment, and intimidation.

Third-Party Harassment is harassment committed by an individual or persons not employed by or enrolled as students at the University such as a vendor, contractor, guest lecturer or other visitor to campus.

Section 3: Jurisdiction and Applicability

All University community members are prohibited from engaging in or assisting another’s engagement in conduct prohibited by this policy. This includes, without limitation, students, employees (including faculty), affiliates, volunteers, visitors, and (where provided by law or contract) agents, contractors, subcontractors, and grantees of the University. The University’s disciplinary response may be limited if the conduct is by a visitor or other third-party not subject to the University’s jurisdiction. When alleged discrimination or harassment is by an individual or external entity (for example, an individual employed by an outside contractor, program provider, or internship provider) doing business with the University and it reasonably appears that a violation has occurred, the matter will be referred to the appropriate official or department for further action, which may include termination of the contract or relationship.

This policy applies to alleged discrimination or harassment that takes place on university property or at university-sponsored events, regardless of their location. This policy may also apply to alleged discrimination or harassment that occurs off university property and outside the context of a university employment or education program or activity but nevertheless has a continuing adverse impact on or creates a hostile environment for students, employees, or third parties in any university employment, living or academic environment. Depending upon the facts, examples of where such conduct may occur include, but are not limited to, study abroad programs, conferences, social gatherings and virtual spaces.

Section 4: First Amendment

As a public institution of higher education, Colorado State University is required to follow the First Amendment to the U.S. Constitution, which broadly protects speech and expression from governmental interference. Depending on the facts, certain speech or expression may be protected by the First Amendment and, therefore, will not be actionable under this Policy.

Section 5: Confidentiality

The University recognizes the importance of confidentiality and privacy. Although the confidentiality of the information received and the privacy of the individuals involved cannot be guaranteed, they will be protected to the extent feasible and as permitted by law. Information received in connection with the reporting, investigation, and resolution of allegations will be treated as confidential and will only involve individuals whom the University determines are necessary to conduct an appropriate investigation, to provide assistance and resources to parties, to perform other appropriate university functions, or when the University is required to provide information under the law.

The expressed request of the complainant not to proceed with a complaint or investigation will be considered in the context of the University’s legal obligation to act upon the allegations and the right of the responding party to be informed concerning the charge(s). The University will evaluate the request to determine whether the University can honor the request while still providing a safe and nondiscriminatory environment. A decision to proceed despite a complainant’s request not to will be made on a case-by-case basis after an individualized review, and the complainant will be notified of the decision to proceed.

All individuals involved in the process should observe the same standard of discretion and respect for everyone involved in the process.

Section 6: Reporting Discrimination or Harassment

Any university community member or individual who is directly involved in, observes, or reasonably believes that discrimination or harassment may have occurred can submit a report to the Office of Equal Opportunity

How to Report

Anyone may report an incident of discrimination, harassment or sexual harassment as follows:

In person:
Office of Equal Opportunity
101 Student Services Building
Colorado State University
Fort Collins, CO 80523

By telephone: 970-491-5836

By postal mail:

Office of Equal Opportunity
0160 Campus Delivery
Fort Collins, CO 80523-0160

By email:  [email protected]

University Confidential Support for Faculty and Staff

Office of the Ombuds
316 General Service Building
Fort Collins, CO 80523
Phone: (970) 491-1527

Section 7: Procedures

CSU has procedures addressing complaints of discrimination and harassment (“Procedures”) to implement this policy and to provide for prompt and equitable informal resolutions, investigations, hearings and appeals for complaints of discrimination, harassment and sexual harassment. An individual may file a complaint addressing an instance or a pattern of instances if the last instance took place within the last 120 calendar days.

Colorado State University will employ the preponderance of the evidence standard.

Section 8: Compliance with this Policy

Compliance with this policy is required of every member of the University community and all others who are subject to it. When an individual is found to have violated this policy, consequences will result, up to and including dismissal from CSU in accordance with the applicable procedures. Any disciplinary action for a tenured faculty member must follow the procedures outlined in Section E.15, Disciplinary Action for Tenured Faculty, of the Faculty and Administrative Professional Manual.

Section 9: Affirmative Action

The University, as a federal contractor, takes affirmative action to employ qualified women, racialized minorities, veterans, and individuals with disabilities. For information on this Affirmative Action commitment and program, contact the Office of Equal Opportunity at [email protected] or (970) 491-5836.

Section 10: Filing with External Agencies

Persons who believe that they have been subjected to discrimination, harassment, sexual harassment, retaliation may be able to file a complaint with the Colorado Civil Rights Division, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Education’s Office for Civil Rights or the Office of Federal Contract Compliance Programs. Information regarding filing charges with any of these agencies may be obtained from the Office of Equal Opportunity.

Section 11: References and Legal Authority

• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964, amended in 1991
• Executive Order 11246, as amended
• Pregnancy Discrimination Act of 1978
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
• Vietnam Era Veterans’ Readjustment Assistance Act, as amended
• Uniformed Services Employment and Reemployment Rights Act of 1994
• Genetic Information Nondiscrimination Act of 2008
• Americans with Disabilities Act of 1990, amended by the ADA Amendment Act of 2008
• Sections 503 and 504 of the Rehabilitation Act of 1973
• Title IX of the 1972 Education Amendments to the Higher Education Opportunity Act, 20 U.S.C. § 1681, et seq., and 20 U.S.C. §§ 1681-1688; 34 C.F.R. § 106.1 et seq.
• Violence Against Women Act, 34 U.S.C. § 12291, et seq., 34 C.F.R. § 668.46
  Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C.A. §1092(f) and implementing regulations, 34 C.F.R. §668.41 and 668.46) (“Clery Act”)

APPENDIX 6: Bullying in the Workplace (last revised August 9, 2019)

Purpose of Policy

Colorado State University is committed to maintaining an environment conducive to working and learning, in which the rights and dignity of all staff, faculty, and students of the university community are respected. The university prohibits behaviors that rise to the level of bullying, as described below. Workplace bullying is a form of psychological violence that disrupts the peaceable environment and can result in lower workplace morale and productivity, greater employee absenteeism and turnover, and higher stress and its related health issues.

Application of Policy

This policy applies to all employees (“Covered Persons”), including, but not limited to, faculty, administrative professionals, state classified employees, student employees, volunteers, affiliates, and all other persons under the jurisdiction of the University to impose sanctions for behavior in the employment context, including agents, contractors and subcontractors. It is not intended to cover CSU students who are not employed by CSU (although a similar policy applies under the Student Conduct Code).

It is the responsibility of all Covered Persons to know and apply this policy.

Definitions Used in Policy

Bullying in the context of the workplace is repeated mistreatment by words or actions that are intended to shame, embarrass, humiliate, degrade, demean, intimidate, and/or threaten an individual or group.

A person who is a target of bullying may not be the only one, or even an intended target; behavior that foreseeably places bystanders or unintended targets at risk or in fear, or causes them to feel threatened or humiliated, is within the scope of this definition.

Bullying can take a variety of forms and may include behaviors that are physical, verbal, nonverbal, direct or indirect, and may take place face-to-face, via written communications, or by electronic means. Some examples of bullying include, but are not limited to:

• • Shouting or yelling at, berating, ridiculing, or demeaning others;
  • Name calling and attacks on one’s character, using a person as an object of ridicule, using nicknames after being warned by the target that the nickname is considered to be offensive, or spreading gossip and rumors about the person to others;
  • Mocking, ridiculing, punishing, or putting someone down in front of others, constant unwarranted criticism, or making offensive remarks regarding a person’s known intellectual or physical attributes;
  • Persistently interrupting a person or otherwise preventing a person’s legitimate attempts to speak;
  • Undermining or sabotaging the work performance of others;
  • Spreading false or sensitive information about another;
  • Deliberately excluding, isolating or marginalizing a person from normal workplace activities;
  • Tampering with a person’s personal effects or work equipment; damage to or destruction of a person’s work product, work area, including electronic devices, or personal property;
  • Punishments or negative consequences designed primarily to shame, exclude, and/or draw negative attention from others;
  • Violent behavior, such as pushing, shoving, kicking, poking, or tripping; assault or threat of physical assault; making threatening gestures toward a person or invading personal space after being asked by the target to move or step away. Bullying that is physically violent may violate criminal law and is addressed in CSU’s Workplace Violence policy.
  • Making threats, either explicit or implicit, to the security of a person’s job or position when not part of a legitimate process by the supervisor to set expectations or engage in progressive discipline as outlined by the University. This may include, but is not limited to, manipulating the workload of a person in a manner intended to cause that person to fail to perform legitimate functions.

Policy Statement

The University values the well-being of its employees and recognizes that bullying in the workplace can significantly impact a person’s dignity and their physical and mental health, as well as the overall experience of working at CSU. Colorado State University considers workplace bullying unacceptable and will not tolerate it under any circumstances. Bullying, as defined in this policy, is prohibited.

Policy Provisions

1. 1. CSU has a policy that prohibits unlawful discrimination and harassment. While workplace bullying can be intertwined with unlawful discrimination and harassment, bullying behavior can occur apart from these other forms of misconduct. In either case, workplace bullying is prohibited by this policy. Conduct that might be unlawful discrimination or harassment should be reported to the Office of Equal Opportunity (970-491-5836 or [email protected]).
   2. The determination of whether bullying has occurred is highly dependent upon the facts and circumstances surrounding any given situation. Words or actions that may cause an individual discomfort or distress do not necessarily constitute bullying behavior. Differences of opinion and routine conflicts or problems in workplace relationships are not bullying, as these may be part of working life. Behavior that is unfriendly, dismissive or curt is not bullying unless carried to such an extreme that a reasonable person would feel fearful, intimidated, or physically or mentally harmed by it. Criticism, complaints, or negative feedback are not considered bullying when they are reasonable, legitimate, and proportional, and directly address issues of workplace performance and/or conduct. Employees are expected to meet the reasonable performance and behavior standards of their position, and requiring a person to meet those expectations is not bullying under this policy.
   3. Those involved are encouraged to consider informal methods of resolution (see the Bullying Complaint Guidelines and Procedures attached to this policy). Resources to assist with an informal resolution include the HR Solutions Partner and the Office of the Ombuds. However, if informal resolution is not feasible or any party wishes to follow the formal process, a written complaint should be made to the impacted party’s immediate supervisor. (See the required Bullying Complaint Form attached to this policy). A formal complaint must be filed within 180 days of the incident of workplace bullying or, where the behavior is of an ongoing nature, within 180 days from the most recent incident. Either the impacted party or the supervisor of either party may file a formal complaint.
   4. Freedom of Speech
      The University values and promotes freedom of expression and inquiry as provided under applicable law. Please refer to the University’s policies under References, below. Nothing in this policy is intended to limit or restrict a person’s First Amendment rights or rights to academic freedom; however, such rights do not include the right to engage in workplace bullying.
   5. Violence
      The University is committed to providing a safe and secure campus environment for members of the CSU community, and workplace violence impedes such goals and endangers the entire community. Violent behavior is prohibited on any university property or while participating in any university activity, as described in the University’s separate Violence in the Workplace policy.

Any incident that involves a threat of violence or physical harm should be reported immediately and referred to the Office of Support and Safety Assessment for review and consultation, unless the threat is imminent, in which case the CSU Police (or local law enforcement having jurisdiction) should be called. In certain circumstances, the University may impose interim measures for the duration of the review, including but not limited to campus exclusion.

6. Members of the university community shall cooperate with the reasonable inquiry and review process.

7. Retaliation
The University will not tolerate, and this policy expressly prohibits, retaliation against employees making good faith reports as provided for in this policy, even where the concerns are ultimately unsubstantiated. False reports of prohibited behavior that are found to have been made intentionally are also a violation of this policy. Policy violations may result in University disciplinary action in accordance with established policies and procedures, as appropriate.

Compliance with Policy

Compliance with this policy is mandatory. For assistance with interpreting or applying its provisions, contact the designated Human Resources Solutions Partner.

Any person covered by this policy who engages in workplace bullying is subject to disciplinary sanctions up to and including termination or dismissal from the University. Any disciplinary actions shall be in accordance with applicable policies and procedures, including: for tenured faculty, section E.15 of the Academic Faculty and Administrative Professional Manual; for state classified personnel, the Human Resources Manual section 3; and for administrative professionals, section D.5.5 of the Faculty and Administrative Professional Manual.

Student employees who are in violation of this policy are also subject to the procedures detailed in the CSU Student Conduct Code.

This policy is not intended to conflict with or supersede any other policy that might subject a violating party to disciplinary review, including but not limited to the Policy on Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, Stalking, and Retaliation; the Policy on Workplace Violence; the CSU Student Conduct Code; the Academic Faculty and Administrative Professional Manual; and existing Human Resources and departmental conduct policies.

References

• • CSU Policy on Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, Stalking, and Retaliation
  • Student Conduct Code
  • Colorado Governor’s Executive Order D 023 09, Establishing a Policy to Address Workplace Violence, including Domestic Violence Affecting the Workplace
  • Freedom of Expression and Inquiry
  • CSU Policy on Workplace Violence
  • Academic Faculty and Administrative Professional Manual 
  • Employee Assistance Program
    Anyone impacted by bullying behavior may access support services from the Employee Assistance Program by calling 1-800-497-9133.
  • Office of the Ombuds

The Ombuds Office is a confidential resource for all employees to explore options and obtain information about the policy and processes related to workplace bullying. As a neutral resource, the office is available both to the person who feels they have been a target of bullying as well as the responding party to bullying complaints.  As an informal resource, the Ombuds Office is not an office where complaints are placed “on the record.” Therefore, if someone wants to initiate a formal process, the Ombuds Office can discuss the process, but does not initiate an inquiry or document the concerns for the institution.

Bullying Complaint Guidelines and Procedures

Responsibility to Report

1. 1. In the case of physical assault or harm, or imminent danger of harm, the supervisor should immediately contact CSU Police (or the local police in a non-campus location) by dialing 911. The non-emergency number for CSU Police is 970-491-6425. The matter should also be referred to the Office of Support and Safety Assessment (970-491-1350) for review and consultation within five working days (a “working day” is any day that the University is open for business).
   2. Any person who is a target of workplace bullying is strongly encouraged to report it to their supervisor (or, if the supervisor is involved, then to the next level supervisor in the reporting line).
   3. Any person who witnesses or learns of an incident of workplace bullying at CSU is strongly encouraged to report it to their supervisor (or, if the supervisor is involved, then to the next level supervisor in the reporting line).
   4. Any reports may also be made by calling or emailing the Human Resources (HR) Solutions Partner (970-491-6947 or [email protected]), who may bring the matter to the attention of other University officials, as appropriate. Individuals wishing to report a concern are encouraged to do so as soon as possible following the incident(s).
   5. A supervisor receiving a report of bullying is required to take steps to address the matter. If the report is not a formal complaint made using the Bullying Complaint Form, the supervisor should attempt to resolve the matter informally following the steps outlined for Informal Resolution by the Supervisor below. If the report is a formal complaint, the supervisor should contact the HR Solutions Partner and follow the steps outlined below for the Formal Resolution Process.
   6. More than one impacted party, more than one responding party, and/or more than one supervisor may be involved in the bullying complaint process. Singular references herein may be taken as plural as the context requires. As used herein, “impacted party” means the person(s) targeted or affected by the responding partying behavior, and “responding party” means the person(s) alleged to have engaged in bullying behavior. 

Informal Resolution by the Targeted Employee

An employee who believes they have been bullied may wish to take informal action, in which case, some suggestions are as follows:

1. 1. Keep Records: Keep notes detailing the nature of the behavior (e.g., dates, times, places, what was said or done and who was present) and copies of paper trails that may indicate bullying. Hold onto copies of documents that provide evidence of events (e.g., time sheets, letters or emails). This documentation will be useful when seeking advice from another party, discussing the matter with the responding party, or if the matter is formally investigated.       
   2. Seek Immediate Support and Advice: Explain the behavior you experienced to someone you trust. Good sources of support and advice are HR Solutions Partners, the Employee Assistance Program (EAP), and the Ombuds. It is vital to discuss the situation with somebody who is empathic and trained in these issues. These individuals can provide information regarding one’s rights and responsibilities and suggest options on how best to deal with the situation. Bringing the situation to the attention of another party is often an effective way of dealing with the problem and ensuring that the bullying stops. Oftentimes bullying goes on in private and, by informing someone, it may become apparent that others are feeling the same way. This will help employees get the support and advice they need.
   3.  Consider Addressing the Behaviors of the Responding Party Directly: Employees may want to consider approaching the responding party directly and raising the matter, either face-to-face or in writing, but should only do so if they feel it is a safe option. Avoid being contentious or escalating the situation. Tell the responding party politely and calmly exactly which behaviors are offensive and why, and expressly state that the behavior is unwelcome and unacceptable. The person should be asked to stop immediately, and told that if the behavior doesn’t stop further action will be taken. Remaining silent allows the responding party to continue their behavior, which may result in the bullying getting worse. Sometimes the responding party will stop immediately once becoming aware that their behavior is offensive and harmful.

Addressing the responding partying behaviors directly can be difficult. The person involved may deny and perhaps misconstrue the accusations. To address these issues, a colleague or an HR Solutions Partner may act as support or as a witness. Keep a record of the discussion and a copy of any correspondence that is sent to the responding party. It is best to seek guidance from support personnel prior to meeting with the responding party.

1. 4. Mediation: Consider mediation as an option. If all parties agree to mediation, they will be given the opportunity to state their case and how they would like to see the situation resolved. The mediator will assist the parties in attempting to reach a mutually acceptable solution. However, it is important to remember that bullying may result from an imbalance in power, in which case, the target and the responding party may not be on an equal footing.  Seek guidance from the  Ombuds Office or HR Solutions Partner to explore the option of mediation.

Informal Resolution by the Responding Party

If you have been accused of bullying, there are steps you should take immediately to resolve the situation and to prevent it from escalating.

1. 1. Keep Records: If you are told that your actions have offended someone and that they feel bullied by you as a result, you should document this discussion including what you were told and how you responded. This will be important if you need to discuss the matter with your supervisor or Human Resources or if the matter is formally reviewed.
   2. Seek Advice: You are advised to seek counsel immediately from your supervisor, Human Resources, or the Ombuds, especially if you do not understand the complaint against you or if you believe that the allegations are unjust or malicious.  The Employee Assistance Program is available to all employees as a resource.
   3. Stop the Offending Behavior: If you have been told that your behavior makes someone feel uncomfortable, then you should stop it immediately. Even though your behavior may seem innocent to you, it is important to consider its effects on others. Remember it is the other person’s reaction to your behavior that is important, not the reaction you think they should have.
   4. Reflect on Your Work Behavior: Review the way you behave at work and consider whether any of your behaviors may be perceived as bullying. For instance, ask yourself the following question: If other people were to witness my behavior would they find it offensive, humiliating, intimidating, or threatening? If you have concerns about the appropriateness of your behavior consider asking your supervisor for training on communication, conflict management, etc. or seek advice from the Employee Assistance Program.

Informal Resolution by the Supervisor

When a report of bullying is received, or when a supervisor observes the bullying behavior directly, the supervisor may attempt to resolve the matter informally by interacting with both the impacted party and the responding party.

Supervisors may begin by initiating informal discussions with the parties involved (and the supervisor of each of the parties, if different from the one receiving the complaint). If this does not resolve the situation, or if the supervisor receives a formal written bullying complaint, they should first notify their HR Solutions Partner, and then follow the formal resolution process. Any supervisor with a conflict of interest should recuse themself from the process and refer it to the next higher-level supervisor.

Other approaches that a supervisor may take to informally resolve the matter may include:

1. 1. Offer Support: The person who believes they are being bullied needs to be able to discuss the situation with somebody who is empathetic and trained in these issues.  If bullying is occurring, the employee will gain strength to address the offensive course of action; if bullying is not occurring, those involved can be advised accordingly.
   2. Seek Advice: Obtain the advice and support of individuals or groups with expertise in handling bullying such as your supervisor, the HR Solutions Partner, the Ombuds, or the Employee Assistance Program when deciding the most appropriate course of action to follow.
   3. Refer the Employee to Available Resources: Suggest that the impacted party access support and guidance from sources such as Human Resources, the Ombuds, or the Employee Assistance Program as appropriate.
   4. Address the Responding Party: Accompany and support the impacted party when they approach the responding party to ask the behavior to stop, but without taking sides before you know the facts. If the impacted party is not comfortable approaching the responding party directly, you may approach the person on the employee’s behalf. Make the responding party aware of the behavior in question, as well as its harmful effects, its inappropriateness, and that it is contrary to policy. Remind the responding party that bullying is a disciplinary offense and repeated incidents may render them liable to a formal procedure which may result in disciplinary action. It may be necessary to discuss any training needs with the responding party that may help change the unacceptable behavior.

Formal Resolution Process

1. 1. If an informal resolution was not reached and the impacted party wishes to pursue the matter, they must submit a written complaint to their immediate supervisor (or, if the supervisor is involved, then to the next level supervisor) using the Bullying Complaint Form. The complaint must be limited to events having occurred within the last five years, with the most recent incident having occurred within the last 180 days. The supervisor should be prompt to acknowledge receipt of the complaint, in writing. Only the targeted, impacted party or the supervisor of either party, may file a formal complaint.
   2. Within 10 working days of receiving the complaint, the supervisor must contact the designated HR Solutions Partner (970-491-6947 or [email protected]). If the impacted party, and/or the responding party have different supervisors, then the HR Solutions Partner will contact the other supervisor(s) and facilitate communications between those involved. In the discretion of the Chief Human Resources Officer (CHRO) or delegate, the matter may be elevated to other University officials, as appropriate. The CHRO or delegate also has the authority to extend all timelines as deemed necessary.
   3. The formal process requires that the supervisor(s) (or higher-level university official) and the HR Solutions Partner make a jointly coordinated, reasonable inquiry into the facts, document what is discovered, and, if warranted, take appropriate action, which may include counseling those involved, initiating corrective action, or pursuing other employment action.  If a supervisor of either party filed the complaint, that person cannot act as an investigator, and the matter will be referred to next higher-level supervisor.
   4. At the discretion of the CHRO, related complaints or incidents may be combined for purposes of inquiry, resolution, and/or review through the HR Solutions Partner.
   5. Before initiating a reasonable inquiry into a complaint of bullying, the supervisor should contact the HR Solutions Partner for help in creating a plan of action. The supervisor should consider if they have any biases or other conflicts of interest that would preclude them from conducting a full and fair reasonable inquiry. If so, the next higher level supervisor should take over responsibility. The HR Solutions Partner will assist in this determination.
   6. Supervisors and the HR Solutions Partner should jointly begin the inquiry promptly upon learning of the complaint, conduct the inquiry expeditiously, prepare a confidential, written report and provide it to the parties and HR within 30 working days after receiving the written complaint. If a longer time is needed, the HR Solutions Partner can extend the time.
   7. The supervisor and HR Solutions Partner must meet with the complainant to discuss the complaint of bullying.  When meeting with the complainant, the interviewers should listen carefully and not be judgmental. The interviewers should refrain from evaluating the complaint or offering premature feedback to the complainant.
   8. Acknowledging the complainant’s perceptions and feelings by briefly paraphrasing what the complainant has shared to ensure accurate understanding is important. The interviewer(s) should make notes of the key facts that are stated and instruct the complainant to put their requested relief in writing, utilizing the Bullying Complaint Form.
   9. The supervisor should thank the complainant for bringing concerns forward and ensure them there will be timely follow-up regarding their concerns.
   10. A supervisor and the HR Solutions Partner conducting a reasonable inquiry should meet privately with the responding party to get their side of the story. They should clearly communicate the need for undesirable behavior to change. Clear expectations should be set with the complainant, responding party and any witnesses. The supervisors and the HR Solutions Partner should emphasize with all parties that retaliation is not acceptable, and explain that disciplinary action will follow if retaliation occurs.
   11. The confidential report will include, at a minimum, the following information:a. Identities of the supervisor, HR Solutions Partner and any others involved in conducting the reasonable inquiry;
       a. Identities of the supervisor, HR Solutions Partner and any others involved in conducting the reasonable inquiry;
       b. Nature and substance of the allegations;
       c. Reasonable inquiry process, including the number of witnesses interviewed, but excluding the identity of witnesses;
       d. Summary of the facts;
       e. Final determination of whether the Bullying Policy was violated;
       f. Decision as to action to be taken.
   12. If the determination is that the facts do not sustain a charge of bullying, this should be documented and communicated to the parties, and no further action is required. If requested by the responding party, this determination should also be  communicated to all persons interviewed during the inquiry.
   13. If the determination is that bullying is substantiated, then it should be documented, and action should be taken promptly to address the situation, including disciplinary action or other employment action, if warranted, subject to applicable university policies and procedures as described below.
   14. If the action to be taken involves formal discipline, the applicable CSU policies and procedures for the employees involved will be followed. Actions not involving formal discipline may include:
       a. Separation of the parties involved within the workplace, without a change in duties;
       b. Counseling one or both parties;
       c. Requiring attendance at an appropriate training about workplace behavior;
       d. A letter of expectations that is shared only with the responding party and does not become part of the employee’s personnel file.
   15. Repeated violations of the bullying policy by the same individual should result in progressively stricter actions being taken.
   16. Substantiated bullying incidents should be taken into consideration in an employee’s annual performance review, subject to established evaluation procedures (see, e.g., Academic Faculty and Administrative Professional Manual, section C.2.5 for faculty and D.55 for Administrative Professionals, and Human Resources Manual section 3 for State Classified personnel).  In particular, department heads need to be familiar with the restrictions in section C.2.5 of the Manual.
   17. In addition, the reasonable inquiry process may identify improper or problematic conduct that does not constitute bullying as defined and prohibited by this policy. In that situation, the supervisor should address the improper conduct, and such conduct may form the basis for action by the supervisor in accordance with university policies and procedures.
   18. All disciplinary actions shall be taken in accordance with applicable policies and procedures, including: for tenured faculty, section E.15 of the Academic Faculty and Administrative Professional Manual; for state classified personnel, the Human Resources Manual section 3; and, for administrative professionals. section D.5.5 of the Academic Faculty and Administrative Professional Manual.
   19. The file containing all documents related to the report, review, and reasonable inquiry must be kept for 5 years by Human Resources, after which time, it may be destroyed.

Administrative Review

The final decision of the supervisor may be subject to administrative review at the request of either the complainant or the responding party. The request must be made in writing and submitted to the HR Solutions Partner within 10 working days after the written decision is received. The request must specify the reasons why the party finds the resolution unacceptable.

The administrative review will be performed by the next higher-level supervisor of the person who rendered the decision (or the department/unit head if that person is higher in the reporting line). The reviewer will assess the written request for a review, the written report and decision, and the written documentation in the case.  The reviewer may also consult with the supervisors involved and the HR Solutions Partner. No new evidence will be taken. The decision will be announced, in writing, within 30 working days after the receipt of the written request for a review by the reviewing administrator. The decision of the administrative review is final, and is not grievable.

Resources for Employees

Anyone impacted by bullying behavior may access support services from the Employee Assistance Program, by calling 1-800-497-9133. EAP is a resource available to all employees that can provide support for those impacted by concerns about workplace bullying—including resources for the person who feels they have been a target as well as for the responding party in a bullying complaint.

Supervisors should inform participants in the bullying process about the Employee Assistance Program.

The Ombuds Office is a confidential resource for all employees to explore options and obtain information about the policy and processes related to workplace bullying. As a neutral resource, the office is available both to the person who feels they have been a target of bullying and the responding party to bullying complaints. As an informal resource, the Ombuds office is not an office where complaints are placed “on the record.” Therefore, if someone wants to initiate a formal process, the Ombuds office can discuss the process but does not initiate an inquiry or document the concerns for the institution.