Definition and Examples

Definition and Examples

 

DEFINITION

CSU defines OCC as 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. Though these situations may not result in formal investigations, they may warrant intervention(s) to address the impact, curb the behavior, and prevent recurrence.  

 

EXAMPLES OF OCC

Include, but are not limited to:

  • Intimidation
  • Bullying
  • Acts of Bias
  • Verbal aggression
  • Disruptive Behaviors
  • Micro-aggressions
  • Harassment that doesn't violate the Nondiscrimination Policy because it is not persistent, pervasive, or severe, nor directed towards an individual with a protected identity.

 

In all cases above, the examples could warrant discipline as unprofessional conduct as cited in the. 

5 CCR § 89535 indicates that any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes: (a) Immoral conduct, (b) unprofessional conduct, (c) dishonesty, (d) incompetency, (e) additional to the use of controlled substances, (f) failure or refusal to perform the normal and reasonable duties of the position, (g) conviction of a felony or conviction of any misdemeanor involving moral turpitude, (h) fraud in securing appointment, (i) drunkenness on duty. 

 

MITIGATING FACTORS

Factors that may influence whether conduct is considered OCC versus unprofessional conduct include:

  • Nature and severity of conduct
  • Lack of malicious intent
  • Remorse
  • Acceptance of responsibility
  • Prior pattern of conduct 
  • Cooperation during interview(s) and fact-gathering
  • Impact on the community

  • The goal of OCC is to address disruptive conduct before it escalates to unprofessional conduct.