Frequently Asked Questions
Other Conduct of Concern” (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.
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 & Civil Rights, 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 Cal State East Bay community, then please submit your conduct concern via the OCC reporting form. If you are unsure, then use the reporting process that you think is appropriate and, if necessary, the complaint will be redirected.
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 Non-discrimination 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.
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.
*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.
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.
If this is an emergency, please dial 911. Employees who would like immediate support should use the available to them or contact Michelle Webber from Human Resources at 510-885-3769 (during regular business hours) if they need assistance accessing EAP. For student related conerns, contact Heather Gardley from Student Conduct, Rights & Responsibilities at. 510-885-3763. Faculty needing immediate support may contact Associate Provost, Silvina Ituarte, at 510-885-3711
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.
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.
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.
The contents of the working PAF are governed by the provisions of the collective bargaining agreement.
For other employees, CSUEB will follow standard processes relating to employee personnel files (i.e. all written disciplines formal and informal).
For other employees, CSUEB will follow standard processes relating to employee personnel files (i.e. all written disciplines formal and informal).
Working, living and learning collaboratively and productively with other members of the campus community is a responsibility shared by all within the CSUEB 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.