It is the policy of the CSU to prohibit discrimination against bargaining unit employees on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, pregnancy, age, physical disability, mental disability, medical condition, or veteran status. "Veteran status," as used herein, refers to the categories protected under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), which currently includes Vietnam-era veterans, qualified special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge was authorized. It is recognized these categories of protected veterans may expand or contract in the future consistent with changes in the VEVRAA. "Disability" and "medical condition," as used herein, are consistent with the definitions provided in the Americans with Disabilities Act and the Fair Employment and Housing Act.
Any allegations by an employee that he/she has been the victim of such discrimination shall be adjudicated solely under the grievance procedure provided in Executive Order 928, as hereby amended in this Article.
Executive Order 928 is amended to provide for advisory fact-finding upon appeal to Level II as follows. If a complaint response at Level I is unsatisfactory to the complainant, and the complainant appeals the complaint to Level II, the complainant may request in writing, to the Office of the Chancellor, an advisory fact-finding investigation of the complaint. The request for the supplemental advisory fact-finding investigation must be filed no later than fourteen (14) days after the Level I response. If a request for advisory fact-finding is not made, and a Level II complaint is not filed in the fourteen (14) day period, the complaint will be considered settled. Upon receipt of an appeal to Level II, the Office of the Chancellor may also exercise the option of an advisory fact-finding investigation.
Upon receipt of the request for an advisory fact-finding investigation, a member of a panel drawn from the resources of the American Arbitration Association will be asked to review all issues and evidence presented for the Level I complaint. A written report of the outcomes of the advisory fact-finding investigation shall be sent to the Office of the Chancellor and to the complainant. The advisory fact-finding report will be considered in the determination of the Level II complaint.
The advisory fact-finding hearing will be held in accordance with the Labor Arbitration Rules (as amended and effective 12/1/02) of the American Arbitration Association. The cost of such hearing, excluding advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, however, shall be borne by the party who calls them.
If the Union is not representing the complainant, then the complainant will bear the costs associated with his/her processing of a complaint under Executive Order 928 as hereby amended in this Article.
Any allegation of discrimination filed prior to the ratification of this Agreement shall be adjudicated under the grievance procedure provided in Executive Order 419 as amended in Article 21 of the parties' prior (2000-2003) Agreement.