Other Conduct of Concern
Defining Other Conduct Of Concern (OCC)
The CSU defines OCC 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. Examples of OCC include but are not limited to intimidation, bullying, bias, micro-aggressions or harassment that does not violate the Nondiscrimination Policy because it is not persistent, pervasive or severe. All reported instances of OCC will be addressed as described in the CSU guidelines issued January 2025.
These guidelines 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, faculty affairs, and/or student affairs professionals, as appropriate, and will 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 § 41301), California Education Code § 89535 et seq., CSU’s Management Personnel Plan (as set forth in 5 CCR § 42720), and Title 5 of the California Code of Regulations regarding Discipline, §§ 43520-43526.
Addressing OCC has always been a core responsibility of supervisors and administrators in higher education.
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Any member of the CSU community, including trustees, presidents, vice presidents, managers, administrators, staff, faculty, students, auxiliaries and volunteers, can report OCC and are subject to this guidance. Individuals who experience or witness OCC are encouraged to promptly discuss their experience with their supervisor, applicable student affairs, human resources or faculty affairs administrator, or any administrator designated by their university with this responsibility (“Applicable Administrators”).
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The CSU will address reports of OCC, regardless of race, gender, age, sexual orientation, disability, religion or any other protected characteristic. Reports will be taken seriously, and appropriate and compassionate follow-up will be conducted to ensure that all individuals are treated fairly and with respect.
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Those who report OCC will be treated with care and provided with appropriate supportive services. Supportive services should be reasonable, temporary and responsive.
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Most instances of OCC will be addressed by supervisors or Applicable Administrators who have the closest working relationships with employees and students. Supervisors should consult with the relevant Applicable Administrator where necessary for assistance. Complicated instances of OCC, particularly where multiple individuals from different populations of the community are involved or where senior leaders are the subject of OCC, may need to be elevated to an Applicable Administrator as identified by each university.
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The goal of these guidelines is to provide support to individuals so that they feel heard, valued and cared for and so that conflicts may be productively resolved before they escalate into larger concerns.
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Universities have an obligation to encourage and support freedom of speech and expression, even when it is unpopular or controversial. Freedom of expression is a cornerstone of a democratic society and is essential to higher education. Freedom of expression also includes a responsibility to acknowledge and respect the rights of others to express differing opinions. While CSU will not discipline, sanction or stop students or employees from engaging in legally protected activities such as constitutionally protected expression, CSU recognizes that how students and employees choose to express themselves impacts others. It is these impacts that this guidance seeks to address ‒ through non-disciplinary, respectful and appropriate action.
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How OCC is addressed depends on the nature of the conduct and its impact on the individuals involved. Conduct that can be addressed by supervisors through regular employee performance management may result in discussion, training, mentoring, coaching and education. Mediation, supportive services and restorative processes are voluntary and must be agreed upon by all parties.
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The CSU is committed to ensuring that all members of its community, including trustees, presidents, vice presidents, deans, associate deans and those in upper management roles (“Senior Leadership”), are held to the same expectations. Any instance of OCC involving Senior Leadership will be addressed with the same level of seriousness as any other member of the CSU community.
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The CSU will continue to offer training to all supervisors, academic leaders and Senior Leadership on management and communication best practices to ensure they are equipped to address conflict in the living, learning or working environment, and possess knowledge of resources at their university who can assist with more complicated instances of OCC.
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This guidance is not intended to supersede the rights and obligations provided under HEERA or applicable CBAs. Any actions taken under this guidance are subject to HEERA and applicable CBAs.
Anyone may report concerns or share information about OCC at CSUN, including students, faculty, staff, volunteers, and visitors. Employees and students who experience or witness OCC are encouraged to promptly discuss their experience with a supervisor or, if necessary, an administrator in human resources, faculty affairs, student affairs or another relevant department as appropriate. It is important that the university learns about the experience so that it can respond appropriately based on the facts and circumstances.
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Students: Should report OCC to a dean (if the conduct occurred in class or another academic setting) or to the Office of Student Conduct, email pending
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Student Residents in Housing: Should report OCC to pending
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Staff: Should report OCC to their supervisor or to Human Resources.
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Faculty: Should report OCC to their supervisor or Faculty Affairs.
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Senior Leadership: Should report OCC to their immediate supervisor or to Human Resources. If Human Resources finds that a report of OCC cannot be addressed by a neutral party at CSUN, they should consult with the Vice Chancellor for Human Resources.
- Trustees should report OCC to the Chair and Vice Chair of the Board of Trustees.
- Volunteers or Visitors: Should report OCC to Human Resources.
Conduct that might be based on an individual’s protected status should be reported to the university office responsible for discrimination, harassment, and retaliation to evaluate whether the conduct implicates the CSU Nondiscrimination Policy.