5170 Employment Policies
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1.0 Statement of Intent
1.1 It is the desire of the Los Rios Community College District Board of Trustees to provide for all students and employees an educational environment and work place free from sexual harassment. Sexual harassment in any situation is unacceptable, and is in violation of state and federal laws and regulations. Where evidence of harassment is found, appropriate corrective action shall be taken.
1.2 Formal complaints under those laws and regulations shall be processed through the procedures established by applicable state and federal agencies. (Section 703, Title VII of the Civil Rights Act of 1964, as interpreted by Section 1604.11, Title 29, Code of Federal Regulations; Title IX, Education Amendments of 1972; Section 200, et seq., California Education Code; Section 11135, California Government Code; Section 7287.6, Title 2, and Section 53000, et seq., Title 5, California Code of Regulations.)
2.0 Definition of Sexual Harassment (Education Code §212.5)
2.1 Sexual harassment means 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:
2.1.1 Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress.
2.1.2 Submission to, or rejection of, the conduct by the individual is used as the basis of employment or an academic decision affecting the individual.
2.1.3 The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.2.1.4 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.
2.2 For the purpose of further clarification, sexual harassment includes, but is not limited to:
2.2.1 Making unsolicited written, verbal, visual, or physical contact with sexual overtones. Some examples are: epithets, derogatory comments or slurs of a sexual nature; impeding or blocking movements or any physical interference with normal work; derogatory posters or cartoons.
2.2.2 Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
2.2.3 Within the work environment, engaging in explicit or implicit coercive sexual behavior which controls, influences, or affects the career, salary and/or work environment or any other term or condition of employment; within the educational environment, engaging in explicit or implicit coercive sexual behavior which controls, influences, or affects the educational opportunities, grades and/or learning environment of the student.
2.2.4 Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response to a sexual advance. For example, within the work environment, either suggesting or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor performance report will be prepared, or suggesting probation will be failed. Within the educational environment, either suggesting or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied.
2.2.5 Offering favors or educational or employment benefits, such as grades or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendation, reclassifications, etc., in exchange for sexual favors.
3.0 Complaint Procedure
3.1 Any individual who believes that he or she has been sexually harassed is encouraged to follow the complaint procedures as set forth in the Los Rios Community College District Regulations. (See R-2423, R-5172, R-6163, or R-9152, as appropriate). Throughout the procedures, the College President and the College/District Officers will insure that confidentiality will be maintained and that due process will be followed with respect to both parties.
4.1 Raising a concern of sexual harassment shall not affect the concerned individual's future dealings with the Los Rios Community College District, with the individual's employment, or with compensation or work assignments. In the case of a student, it shall not affect grades, class selection, or other matters pertaining to the individual's status as a student of the Los Rios Community College District.
4.2 In a situation where evidence is found that an allegation of sexual harassment is brought solely for the purpose of vexation, the appropriate disciplinary action will be taken.
5.0 Administrative Regulations
5.1 The Chancellor shall develop such procedures as may be necessary to implement this policy and provide a means of enforcement. The Chancellor shall also designate appropriate District employees to administer and enforce this policy within the District.
6.0 Special Assistance
6.1 Questions concerning the interpretation of this policy should be referred to the College Officer, the District Officer, other designated District employees, or the Union representative. It is the responsibility of the College/District Officer to inform the complainant of other agencies available in pursuing a sexual harassment complaint. These include the U.S. Equal Employment Opportunity Commission; the U.S. Department of Education, Office of Civil Rights; the California Department of Fair Employment and Housing; and the Office of the Chancellor, California Community Colleges.
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