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I.
INTRODUCTION
Education Code 212.6(b)
requires the adoption of a policy statement setting forth the District's
commitment to provide an educational and work environment free from
unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct or communications constituting sexual harassment.
II.
PURPOSE
It is the intent of the
Governing Board to deem as unacceptable any form of sexual harassment. Such
conduct undermines the integrity of the classroom and/or the employment
relationship or work/academic environment. Conduct constituting sexual
harassment will not be tolerated in the District
It is understood that
this Policy is not intended to infringe upon academic freedom except to the
extent provided by law.
III.
DESCRIPTION
The policy applies to all
aspects of employment and the academic environment, including but not
limited to classroom conditions, grades, academic standing, employment
opportunities, scholarships, recommendations, disciplinary actions, and
participation in any community college activity.
All District employees
who violate this policy may be subject to disciplinary action up to and
including termination in accordance with applicable college procedures,
education code sections and/or collective bargaining agreements. Students
who violate this policy may be subject to disciplinary measures up to and
including expulsion in accordance with board policies and college
procedures. Non-employees, such as sales representatives or service vendors
are also covered by this policy and may be subject to corrective measures.
The District is concerned
about the rights of the accused as well as the accuser and shall afford due
process rights accordingly.
Definition
Sexual harassment is
defined as unwelcome sexual advances, requests for sexual favors, and other
verbal, visual or physical conduct of a sexual nature, made by someone from
or in the work or educational setting under any of the following conditions:
1.
Submission to the conduct is explicitly or implicitly made a term or
condition of an individual's employment, academic status, or progress;
2.
Submission to, or rejection of, the conduct by the individual is used
as a basis of employment or academic decisions affecting the individual;
3.
The conduct has the purpose or effect of having a negative impact on
the individual's work or academic performance, or of creating an
intimidating, hostile, or offensive work or educational environment; or
4.
Submission to, or rejection of, the conduct by the individual is used
as the basis for any decision affecting the individual regarding benefits
and services, honors, programs, or activities available at or through the
educational institution.
This definition
encompasses two kinds of sexual harassment:
1.
"Quid pro quo" sexual harassment occurs when a person in a position
of authority makes educational or employment benefits conditional upon an
individual's willingness to engage in or tolerate unwanted sexual conduct.
2.
"Hostile environment" sexual harassment occurs when unwelcome conduct
based on sex is sufficiently severe or pervasive so as to alter the
conditions of an individual's learning or work environment, unreasonably
interferes with an individual's academic work performance, or create an
intimidating, hostile, or abusive learning or work environment. The victim
must subjectively perceive the environment as hostile, and the harassment
must be such that a reasonable person of the same gender would perceive the
environment as hostile.
Sexual harassment can
consist of virtually any form or combination of verbal, physical, visual or
environmental conduct. It need not be explicit, nor even specifically
directed at the victim. Sexually harassing conduct can occur between people
of the same or different genders. The standard for determining whether
conduct constitutes sexual harassment is whether a reasonable person of the
same gender as the victim would perceive the conduct as harassment based on
sex. The determination of whether an environment is hostile is based on the
totality of the circumstances, including such factors as the frequency of
the conduct, the severity of the conduct, whether the conduct is humiliating
or physically threatening, and whether the conduct unreasonably interferes
with an individual's learning or work.
Environmental
An academic or work
environment that is permeated with sexually-oriented talk, innuendo, insults
or abuse not relevant to the subject matter of the class. A hostile
environment can arise from an unwarranted focus on sexual topics or sexually
suggestive statements in the classroom. An environment may be hostile if
unwelcome sexual behavior is directed specifically at an individual or if
the individual merely witnesses unlawful harassment in his or her immediate
surroundings.
Implementation
This policy assigns
ultimate responsibility for implementing the sexual harassment policy to the
District Affirmative Action Officer. He/she shall also be responsible for
insuring that other policies and procedures developed related to sexual
harassment support this policy.
IV.
RETALIATION
It is unlawful to
retaliate against an employee or student who makes a complaint of sexual
harassment, who communicates with or contacts District Compliance Officer(s)
or regulatory agencies, or who is a potential witness or participates in any
manner in a sexual harassment investigation, hearing, or proceeding.
CALL HUMAN RESOURCES TO REPORT ANY INCIDENT
(209) 381-6550
Christina Torres-Peters
Director of Human Resources
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