Decision 1656H – Trustees of the California State University
LA-CE-721-H
Decision Date: July 8, 2004
Decision Type: PERB Decision
Description: Charge alleged that University violated HEERA by unilaterally implementing a non-discrimination policy for students.
Disposition: Board dismissed. Adoption of federally mandated policy for investigating student complaints of unlawful discrimination is not within scope where policy states that any discipline will follow contractual guidelines.
Perc Vol: 28
Perc Index: 197
Decision Headnotes
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Policies that protected employees from unlawful discrimination are within the scope of representation. However, a policy that applies only to students and non-represented employees is not within scope, unless the employee performance is affected – such as placing a complaint in an employee’s personnel file.
1000.02029 – Disciplinary Action
Disciplinary procedures and policies are within the scope of representation. However, adoption of a federally mandated policy for investigating student complaints of unlawful discrimination is not within scope where policy state that any discipline will follow contractual guidelines.
1000.02031 – Discrimination (Race, National Origin, Sex, Etc.)
Policies that protected employees from unlawful discrimination are within the scope of representation. However, a policy that applies only to students and non-represented employees is not within scope, unless the employee performance is affected – such as placing a complaint in an employee’s personnel file.
1000.02092 – Non-discrimination
Policies that protected employees from unlawful discrimination are within the scope of representation. However, a policy that applies only to students and non-represented employees is not within scope, unless the employee performance is affected – such as placing a complaint in an employee’s personnel file.