1. What is Other Conduct of Concern (OCC)?
Other Conduct of Concern鈥 (OCC) is 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, microaggressions or harassment that
does not violate the Nondiscrimination Policy because it is not persistent, pervasive
or severe.
2. What kind of concern can I report?
If this is an emergency, please reach out to your supervisor or call 911. If the conduct
is a potential violation of law or a CSU policy, then please report it through the
appropriate reporting process (Title IX & Inclusion, Student Conduct, or to your supervisor).
If you are reporting conduct that is not a potential violation of policy or law but
nevertheless negatively impacts the learning, working or living environment of the
华体会 community, then please submit your conduct concern via the . If you are unsure, then use the reporting process that you think is appropriate
and, if necessary, the complaint will be redirected.
3. What happens after I submit a concern?
Once a concern is submitted, the form will be routed to the Applicable Administrator
for review and acknowledgment. If it is determined that the complaint involves potential
violation of the Student Conduct Code or the Nondiscrimination Policy, it will be
directed accordingly. If not redirected, the Applicable Administrator will request
a meeting to discuss supportive services and learn the relevant details.
See below to view a visual representation of the OCC process.
4. Who will look into my concern?
If the concern is about:
- The conduct of a faculty member, it will be reviewed by Faculty Affairs
- The conduct of a staff member or administrator, it will be reviewed by Human Resources
- The conduct of a student, it will be reviewed by Student Conduct
The Applicable Administrator or supervisor will assess the reported conduct and determine what actions or referrals are needed, as well as identifying any supportive services to offer to the reporting party. Supportive services are reasonable, temporary and individualized services offered to restore or preserve access to educational programs and activities or the workplace, and can be declined by the reporting party.
The Applicable Administrator or supervisor may need to gather additional facts and so may talk to individuals other than the reporting individual, or review documents. At any time, the complaint may be redirected if any or all part of the reported conduct may warrant assessment for formal discipline. The Applicable Administrator or supervisor may recommend proposed outcomes, but the specific outcomes may not be communicated to the reporting party. Rather, the reporting party will be informed that the report has been reviewed and evaluated and, if determined that additional action is required, that the conduct has been addressed and the matter may be monitored to determine that it will not recur.
5. Who is the Applicable Administrator?
Often, the Applicable Administrator is the administrator with the closest working
relationship with the employee or student who is directly impacted by OCC (i.e. their
supervisor, applicable Student Affairs, Human Resources, or Faculty Affairs administrator,
or any administrator designated by the University with this responsibility).
The Applicable Administrator is the responsible for advising supervisors on how to
appropriately respond and, when necessary, respond directly to complicated instances
of OCC.
It is important to note that the Applicable Administrators will vary by division and
department. It will not always be the administrator with the closest working relationship
to an employee or student. When there is a conflict of interest or the OCC report
is about the designated Applicable Administrator, steps will be taken to designate
the next appropriate Applicable Administrator.
6. What criteria will be used to determine whether my concern is valid?
Addressing this type of conduct has always been a core responsibility of supervisors
and administrators in higher education; this reporting process does not establish
a new disciplinary procedure, process or policy.
When evaluating OCC, supervisors and Applicable Administrators will consider the following, some of which may suggest redirection for evaluation under existing policies regarding violations of law or policy:
- Does the conduct pose imminent harm to community members?
- Does the conduct violate university policy(ies) and/or applicable laws warranting potential disciplinary action?
- Does the conduct involve academic freedom or freedom of speech and expression?
- If the OCC involves a student, was the student acting in their capacity as a student or as a student worker employed by the university?
- Who is best positioned to address the conduct and provide support?
- If relevant to the specific instance of OCC, it may be necessary to identify other university officials who should also be notified of the conduct.
- If needed, who should be identified to gather information
- How should confidentiality be addressed?
- How should the facts be determined?
- What if potential policy violations are discovered while gathering facts?
- What outcomes are appropriate in response to the reported OCC that are found to be true?
- What forms of follow-up actions and documentation are required when addressing OCC?
Additional information about the considerations listed above is available via the document.
7. How long until I hear from someone about my concern?
You can expect to receive an acknowledgement of your concern within five to seven
business days. The actual timeline to resolution for the full OCC process depends
on which supportive measures were identified and when the fact-finding process has
been completed. You will be informed once the issue has been addressed but you may
not learn the actual resolution of the issue.
8. If I haven鈥檛 received a response to my concern in the stated timeframe, who can
I contact?
If you submitted a concern via the OCC reporting form, and you have not received an
acknowledgement within seven business days, please send an email to occ@csuci.edu to inquire about the status of your report.
*Please note the seven-day timeframe listed above is to acknowledge receipt of the
report. Resolution will often take longer and you will only be notified of the closure
of the matter.
9. If I complain about my supervisor, do I need to fear retaliation?
No. If your complaint is about your supervisor, then the appropriate administrator
to acknowledge and review your concern will not be your supervisor. Moreover, the
University prohibits retaliation against individuals who participate in these processes.
10. Who can I talk to if I need support immediately?
If this is an emergency, please dial 911. Employees who would like immediate support
should use the available to them or contact Human Resources at 805-437-8490 (during regular business
hours) if they need assistance accessing EAP.
11. If my concern is found to be valid, what kinds of responses or actions might be
taken?
As mentioned above, OCC is conduct that does not rise to a legal or policy violation.
Resolutions will be individualized and specific to the circumstances. The following
nonexhaustive list of potential remedies may be considered as a resolution, but other
potential remedies may also be considered.
Actions may include:
- Coaching or training to enhance communication or workplace conduct
- Facilitated discussions to address conflicts and repair relationships
- Workplace adjustments (such as temporary separation of involved parties) to maintain a safe, neutral and productive environment.
- Performance management plans
- Voluntary participation in mediation, supportive services or restorative processes
- Temporary modifications of working, learning or living arrangements, if needed
- EAP support
It is important to note that these processes are voluntary and must be mutually agreed upon as documented in writing.
12. Am I permitted to know details about any action taken as a result of my report?
The reporting party will be informed that the OCC has been addressed and, if relevant,
that the matter will be monitored to ensure that it does not recur.
13. If I report anonymously, will my anonymity be guaranteed, and will I receive help?
Anonymous reports will be reviewed by the Applicable Administrator but anonymous reporting
may adversely impact the ability to review the misconduct or to resolve the matter
through standard resolution methods. Participation in conflict resolution is key to
fully addressing misconduct an finding a way to move forward. If a complaint is redirected
to an office for determination whether a policy or legal violation occurred, then
the reporting party cannot remain anonymous.
14. I submitted an OCC report and was informed that it had been addressed, but I am
still experiencing the same issue with my coworker. What can I do?
If the issue persists after the conduct has been addressed, please reach back out
to the appropriate administrator who is overseeing the OCC matter and provide additional
information. In addition, you are encouraged to request a meeting with the Applicable
Administrator to discuss ongoing interim supportive measures.
15.I have been accused of behavior characterized as OCC and I do not agree. What recourse
do I have?
Engage in the OCC process with civility and respect to share your insights and experiences
with the intention of reaching a solution that resolves the concerns raised.
16. Will the report of OCC against me be placed in my Personnel Action File (PAF)?
(The PAF applies to faculty only)
The contents of the working PAF are governed by the provisions of the collective bargaining
agreement.
For other employees, 华体会 will follow standard processes relating to employee personnel files (i.e. all written disciplines formal and informal).
17. As a result of a finding of OCC, it was recommended to me that I engage in mentoring
and/or trainings as a result of my behavior. Will I face disciplinary actions or other
consequences if I don鈥檛 participate?
No. Working, living and learning collaboratively and productively with other members
of the campus community is a responsibility shared by all within the 华体会 community.
The University is obligated by the CSU to address reports of OCC, and we anticipate
that people will engage in this process to create and support a healthy work environment.
Persistent misconduct could result in discipline.
18. What if I have a question that wasn鈥檛 addressed in this FAQ?
Additional questions may be submitted to occ@csuci.edu.
