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SEXUAL HARASSMENT POLICY


                                                                                                                                                         SERIES 4004



                                          STANDARDS OF CONDUCT:  Sexual Harassment



I.         In accordance with the Equal Employment Opportunity Commission’s regulations and amended guidelines of November 1980, the District has an established policy to address sexual harassment in the workplace and classroom setting.  Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964, which holds employers responsible for seeing that this type of behavior does not occur.  Title IX prohibits sexual harassment in an educational institution.


II.        Sexual harassment of any District employee, student, or recipient of the services of the College is expressly prohibited.  Anyone who feels that he/she is the victim of sexual harassment or any supervisor or manager who is made aware of an alleged incident of sexual harassment must take immediate action to resolve the matter.  Any individual may contact the College’s Employee Services Office for advice, counseling, or clarification, leading to an informal resolution of the matter.   If an informal resolution is not accomplished or is not possible, further action, including the filing of a complaint and undertaking a formal inquiry/investigation, may be taken to facilitate a resolution pursuant to this policy.


III.       Sexual harassment is defined as any form of sexual discrimination as stipulated in Section 703 of Title VII, Civil Rights Act, 1964, amended.  Unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature constitute sexual harassment when:


           A.    Submission to such conduct is made either explicitly or implicitly as a term or condition of employment; and/or submission to such conduct is made either explicitly or implicitly as a term or condition of academic grades; and/or


           B.    Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; and/or submission to or rejection of such conduct by an individual is used as basis for continued enrollment at the college or in academic classes; and/or


           C.    Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment and/or such conduct has the purpose or effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive learning environment.


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Effective Date:   March 17, 1983                                                                  Page:  1

                              December 19, 2002
                                                                                           SERIES 4004.1



                                          STANDARDS OF CONDUCT:  Sexual Harassment



I.         Responsibility


           A.    All District employees shall inform the Employee Services Director of alleged sexual harassment violations.  The Employee Services Director is responsible for receiving and investigating all complaints of sexual harassment, providing advice and counseling to employees, and protecting confidentiality to the extent possible.


           B.    Students shall inform the faculty member, if in a classroom setting, or the division chair, or the Dean of Instruction, whichever supervisor is considered most non-threatening under the circumstances.  All communications shall be confidential to the extent possible.


           C.    Administrators, division chairs, directors, coordinators and/or supervisors shall ensure that an intimidating, hostile and offensive working and/or academic environment does not exist at the college.  Further, they shall ensure by all possible means, that incidents of sexual harassment do not occur.


           D.    The Employee Services Director shall be responsible for the implementation of this policy.


II.     Complaint Procedure


           A.    Informal Resolution


                   Employees and students who believe they have been sexually harassed should tell the person(s) harassing them that their behavior is offensive and must stop immediately and report the problem to their direct supervisor or faculty representative.


           B.    Formal Resolution


                   If the sexual harassment continues or if the employee or student does not want to confront the harasser or report it to their supervisor/faculty representative, then the employee should report the incident to the Employee Services Director who is designated as the official responsible for receiving and investigating complaints of sexual harassment.


           C.    Retaliation


                   Employees who file a complaint or participate in investigations shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation.  Retaliation is strictly forbidden by the EEOC Sexual Harassment Guidelines under Title VII.


           D.    Policy Abuse


                   Abuse of the sexual harassment policy is prohibited.  False accusations, damaging to a student or employee’s professional career, is considered an abuse of the policy.


           E.    Disciplinary Action


                   If at the completion of the investigation, the complaint appears to be valid and supported by the evidence, appropriate disciplinary action (up to and including discharge) designed to halt the harassment or prevent any recurrent, may be taken.  Furthermore, any employee who impedes an investigation, covers up the truth of the matter, or retaliates against a complainant shall be subject to disciplinary action as well.


           F.    Final Review


                   Either the complainant or the accused may submit the findings and decisions reached at the conclusion of an investigation for the personal review of the President by making a written request within five (5) working days of the date they are informed of the decision.  The decision of the President shall be final in terms of an internal review.


           G.    Consensual Relationships


                   Amorous relationships between a supervisor and an employee or between a faculty member and a student are discouraged due to the imbalance of power that exists.  The party with lesser authority or power may fear reprisal or retaliation if he/she rejects the amorous or sexual requests.  Should a complaint of sexual harassment be filed, the party with the greater authority may not be able to use perceived mutual consent as the sole defense if the relationship is considered “unwelcome” by the party filing the complaint.


III.       Corrective Action


           A.    After all facts are ascertained by the Employee Services Director, immediate and appropriate corrective action shall be taken;


           B.    If, after determining whether the alleged conduct constitutes sexual harassment, there appears to be no basis for the allegation, no record shall be maintained in any personnel file;


           C.    If a basis for the allegation does exist, disciplinary action against the offending employee shall follow.  Disciplinary action shall be commensurate with the scope and severity of the occurrence.  Disciplinary actions that may occur include (1) demotion; (2) suspension; (3) transfer; (4) dismissal; (5) warning; and (6) professional counseling.


                   Dismissal and suspension actions shall be in accordance with the faculty Career Plan, Series 4015, with similar rights accorded to non-teaching professionals, classified staff and senior administrative personnel.


           D.    Every reasonable effort shall be made to provide appropriate relief for the victim.


IV.      Appeals


           If the actions taken fail to resolve the problem and sexual harassment continues, the employee and/or student may file a formal Grievance complaint beginning with step 3, Series 4001.1.  The Grievance complaint may be filed against the offending employee and/or supervisor who has allegedly failed or refused to take corrective action after receiving notice of the initial complaint.


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Effective Date: March 17, 1983                                                                  Page:  2