Responding to Other Conduct of Concern

TASKS

Status: Completed

CSU Systemwide Guidance on Other Conduct of Concern was completed in January 2025. The East Bay Addendum to the Time Place and Manner Policy was published in October 2024 and can be found here.

Status: Completed

The Chancellor's Office Other Conduct of Concern Guidance includes unprofessional conduct, abusive conduct, microaggressions, acts of intolerance, and other disruptive behavior in the living, learning, and working environment in its definition of Other Conduct of Concern.

Status: Completed and ongoing

Frequently Asked Questions (FAQs) includes: “Does the first amendment protect speech and expression at ²ÝÝ®ÉçÇø?” and states, “Generally, yes, as ²ÝÝ®ÉçÇø is a public institution. That said, the does provide that certain forms of disruption to classwork, substantial disorder, or invasion of the rights of others are not guaranteed under the First Amendment. The university can impose reasonable restrictions to preserve the safe and orderly operation of the campus.” The East Bay Addendum to the CSU Time Place and Manner Policy was published, further clarifying these concepts as they apply to East Bay.

Status: Completed

East Bay Civil Rights has reinforced CSU values and expectations about respect, tolerance, and professionalism through programming and in-person engagement, including training in Title IX/DHR, Respectful and Inclusive Environments, Bystander Intervention Strategies, Restorative Practices, Difficult Dialogues, and Effective Leadership and Supervision for all faculty departments, chairs and deans, students, and administrative departments. In the areas of effective leadership and supervision, and performance management, this includes Respect in the Workplace, Difficult Conversations, Communicating Cooperatively at Work, Communication between Generations, Assertive Communication, Dealing with Triggers, Coworker Communication, and Principles of Supervision for Staff, the Chairs Academy, and standing meetings with Faculty Affairs leadership for department chairs, deans, senate officers, faculty liaison officers, and CSU statewide senators. In 2024-25, East Bay Civil Rights held 55 in-person events, providing training to over 2000 faculty and staff attendees, with managerial/supervisory personnel included at most events. During the same time period, a total of 131 in-person events provided training to over 2100 students. In 2025-26, this work will continue and expand to include train-the-trainer modules on Restorative Practices.

Status: Completed and ongoing

East Bay Civil Rights has strengthened and expanded available competencies regarding conflict resolution, navigating interpersonal conflict, restorative justice, and other forms of remedial responses. Conflict resolution capacity is embedded in leadership roles in the Offices of Diversity and Student Conduct. These roles have worked together to build on Restorative Practice and Difficult Dialogues training provided in AY 2024-25 to more than 360 employees in departments across campus and systemwide.

In 2025-26, Student Conduct and the Diversity Office will launch a train-the-trainer model to further embed these conflict resolution skills campus-wide. The train-the-trainer model has three phases: 1) consultant comes to campus to provide in-depth two-day training to employees in restorative justice practice; 2) select leadership team of three MPPs to attend an intensive institute on train-the-trainers (will occur summer 2025, commitments already made for an institute); 3) three MPPs return to East Bay to work with the Offices of Diversity and Civil Rights to devise a strategy for recruiting participants to become trainers in support of long-term capacity building for developing sustainable restorative justice practices across campus. Consultants are from the International Institute for Restorative Practices (IIRP) in Bethlehem, PA.

Status: Completed and ongoing

East Bay Civil Rights designated Other Conduct of Concern Leads for Staff and Faculty, respectively, and a dedicated Labor Relations Manager. Human Resources has reorganized to a subject matter expert/specialist model, which is intended to drive greater consistency in responding to concerns involving faculty and staff. In 2024-25, East Bay Civil Rights, Faculty Affairs, and Human Resources provided training on mandated reporting, respect in the workplace, difficult conversations, and effective leadership and supervision/performance management for supervisory personnel of faculty and staff.

Status: Completed and ongoing

East Bay Civil Rights has strengthened competencies of managers, supervisors, deans, and department chairs by providing expanded training and professional development to meet the needs of their assigned roles. In the area of conflict resolution, this includes Restorative Practices and Difficult Dialogues training. In the areas of effective leadership and supervision, and performance management, this includes Respect in the Workplace, Difficult Conversations, Communicating Cooperatively at Work, Communication between Generations, Assertive Communication, Dealing with Triggers, Coworker Communication, and Principles of Supervision for Staff, the Chairs Academy, and standing meetings with Faculty Affairs leadership for department chairs, deans, senate officers, faculty liaison officers, and CSU statewide senators. In 2024-25, 55 in-person events provided training to over 2000 faculty and staff attendees, with managerial/supervisory personnel included at most events.

Status: Completed and ongoing

East Bay Civil Rights appreciates the recommendation to consider additional personnel, such as an ombudsperson or a conflict resolution professional with expertise in restorative justice and mediation. At this time, we are pursuing a different approach by embedding conflict resolution capacity within existing leadership roles, particularly within the Offices of Diversity and Student Conduct. These offices are working collaboratively to expand campus-wide expertise through the Restorative Practices and Difficult Dialogues training delivered to more than 360 employees in 2024–25. Building on this foundation, a train-the-trainer model will be launched in 2025–26 to ensure these skills are further integrated into units across the university. This distributed approach reflects our commitment to creating a sustainable, community-embedded model for conflict resolution and restorative engagement.

Status: Completed and ongoing

East Bay's Offices of Diversity and Student Conduct presented Difficult Dialogues, a series of two full day trainings system wide, in September 2024 (175 attendees) and February 2025 (135 attendees), as well as two full days of Restorative Practices training for the campus in January 2025 (62 attendees). The Diversity Office also hosted bi-weekly chats to support dialogue and create opportunities for trained facilitators to apply approaches learned in these trainings. In 2025-26, East Bay will provide additional Restorative Practices training under a train-the-trainer model to further embed conflict resolution capacity with partners throughout campus.

Status: Completed and ongoing

East Bay has communicated a suite of conflict resolution resources through a website on Freedom of Speech & Expression, in-person trainings multiple times per year (Restorative Practices and Difficult Dialogues), and awareness campaigns. These have included email notifications, newsletters, videos, posters and fliers, and in-person sessions, for example, through the President's Fall Convocation, Academic Affairs Leadership Team, Back to the Bay, Chairs Council, Associated Students Inc events., Al Fresco (fall welcome festival), and forums throughout the year hosted by the Diversity Office. In addition, East Bay Civil Rights compiled a list of on-demand trainings on CSU Learn that support conflict resolution and has provided the list to impacted parties.

Status: Completed and ongoing

East Bay invested heavily in education and training about conflict resolution through campus-wide capacity building and practice opportunities. The Offices of Diversity and Student Conduct presented Difficult Dialogues, a series of two full day trainings system wide, in September 2024 (175 attendees) and February 2025 (135 attendees), as well as two full days of Restorative Practices training for the campus in January 2025 (62 attendees). The Diversity Office hosted biweekly chats to support dialogue and create opportunities for trained facilitators to apply the approaches learned in these trainings. In 2025-26, East Bay will provide additional Restorative Practices training under a train-the-trainer model to further embed conflict resolution capacity with partners throughout campus.

Status: In progress

East Bay Civil Rights created an online Other Conduct of Concern (OCC) Incident Reporting Form that allows any member of the campus community to submit a report, including an anonymous report. Civil Rights receives all OCC incident reports, reaches out to offer supportive measures, evaluates the information to determine whether it indicates a potential violation under the CSU Nondiscrimination Policy, and if not, refers the incident report to the appropriate OCC Lead. Faculty Affairs has taken the lead in providing training to faculty leaders, including deans and chairs. In 2025-26, the OCC Leads Team will revise the OCC incident report form for reporters to categorize the report as unprofessional conduct, abusive conduct, microaggression, intolerance, other disruptive behavior, and protected status if applicable.

Status: Completed and ongoing

The East Bay Other Conduct of Concern (OCC) Incident Reporting Form explains reports may be filed anonymously. The OCC incident reporting form explains anonymous reports may limit the university's ability to fully assess it. This language will be added to the landing page of the standalone website in AY 2025-26.

5. Build on the efforts of the newly implemented protocol established by the President for documenting and referring the other conduct of concern, by building a triage model/review process to ensure that all reports are assessed by title IX and DHR professionals (and a subset of the Title IX/DHR MDT) and evaluate potential avenues for resolution that include the following:

Status: Completed and ongoing

East Bay Civil Rights receives all Other Conduct of Concern (OCC) incident reports, reaches out to offer supportive measures, and evaluates the information to determine whether it indicates a potential violation under the CSU Nondiscrimination Policy and requires an investigative response. If not, Civil Rights refers the incident report to the appropriate OCC Lead.

Status: Completed and ongoing

East Bay Civil Rights receives all Other Conduct of Concern (OCC) incident reports, reaches out to offer supportive measures, and evaluates the information to determine whether it indicates a potential violation under the CSU Nondiscrimination Policy and requires an investigative response. If not, Civil Rights refers the incident report to the appropriate OCC Lead.

Status: Completed and ongoing

East Bay Civil Rights receives all Other Conduct of Concern (OCC) incident reports, reaches out to offer supportive measures, and evaluates the information to determine whether it indicates a potential violation under the CSU Nondiscrimination Policy and requires an investigative response. If not, Civil Rights refers the incident report to the appropriate OCC Lead.

Status: Completed and ongoing

All Other Conduct of Concern (OCC) incident reports are tracked and evaluated for appropriate community remedies at biweekly OCC meetings attended by the OCC Lead for Students (Student Conduct Officer), OCC Lead for Faculty (Associate Provost), OCC Lead for Staff (Human Resources Manager for OCC), and Director/Acting Title IX Coordinator. The purpose of these meetings is to fully implement all OCC-related Cozen recommendations; understand documentation and resolutions; provide support for Maxient systems issues; and track and discuss any recurring protected status issues, repeat respondents, potential patterns, trends, and need for community remedies.

Status: Completed and ongoing

All Other Conduct of Concern (OCC) incident reports are tracked and evaluated for appropriate community remedies at biweekly OCC meetings attended by the OCC Lead for Students (Student Conduct Officer), OCC Lead for Faculty (Associate Provost), OCC Lead for Staff (Human Resources Manager for OCC), and Director/Acting Title IX Coordinator. The purpose of these meetings is to fully implement all OCC-related Cozen recommendations; understand documentation and resolutions; provide support for Maxient systems issues; and track and discuss any recurring protected status issues, repeat respondents, potential patterns, trends, and need for community remedies.

Status: Completed and ongoing

Other Conduct of Concern (OCC) incident report information is tracked and analyzed at least annually by the East Bay Civil Rights Team, OCC Leads, and Case Management Team (East Bay’s Multidisciplinary Team/MDT), if appropriate. The information informs the need for remedial actions regarding culture and climate; targeted prevention and education programming; and ongoing issues of concern.