HARTNELL COMMUNITY COLLEGE DISTRICT
BOARD POLICY AND ADMINISTRATIVE PROCEDURE
ROUTING/TRACKING FORM
Review and approval by the various college governance groups is requested:
Policy/Procedure #:
Policy/Procedure Name:
New
Yes
No
BP 3430
Prohibition of Harassment
Revised
Replaces existing policy/procedure:
BP 5105 and 5120
New policy/procedure or revisions initiated/proposed by: Human Resources and EEO
New legislation
Reason for new policy/procedure or revisions:
__________________________________________________________________________________________
Reviewing Group
Date
Approval/Comments
Routed to:
Forward by:
• Council: Administrative (info)
2/7/14
2/28/14
2/7/14
• Academic Senate President
2/28/14
2/7/14
• HCFA President
2/28/14
2/7/14
• CSEA President
2/28/14
2/7/14
• L-39 Chief Steward
_________________________________________________________________________________________
NR
Hartnell College Faculty
Approved as presented
Association
Approved with changes
Not approved
Comments:
__________________________________________________________________________________________
2/25/14
Academic Senate
Approved as presented
Approved with changes
Not approved
Comments:
__________________________________________________________________________________________
NR
CSEA
Approved as presented
Approved with changes
Not approved
Comments:
__________________________________________________________________________________________
NR
L-39
Approved as presented
Approved with changes
Not approved
Comments:
Council: Administrative Services
3/12/14
Approved as presented
Comments:
College Planning Council
Approved with changes
Not approved
Approved as presented
Approved with changes
Not approved
Comments:
__________________________________________________________________________________________
Superintendent/President’s
Approved as presented
Executive Cabinet
Approved with changes
Not approved
Comments:
Board of Trustees
(First Reading)
Comments:
__________________________________________________________________________________________
Board of Trustees
Approved as presented
(Consideration)
Approved with changes
Not approved
Comments:
__________________________________________________________________________________________
ANTICIPATED TIMELINE
Board of Trustees first reading to occur on:
Board of Trustees consideration to occur on:
Additional comments:
04/2014
05/2014
HARTNELL COMMUNITY COLLEGE DISTRICT
BP 3430
Prohibition of Harassment
References:
Education Code Sections 212.5, 44100, 66252, and 66281.5; Government Code
Section 12950.1; Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated
Section 2000e
All forms of harassment are contrary to basic standards of conduct between individuals and are
prohibited by state and federal law, as well as this policy, and will not be tolerated. The District
is committed to providing an academic and work environment that respects the dignity of
individuals and groups. The District shall be free of sexual harassment and all forms of sexual
intimidation and exploitation including acts of sexual violence. It shall also be free of other
unlawful harassment, including that which is based on any of the following statuses: race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, or sexual orientation of any person, or because he or she is perceived to have one or more
of the foregoing characteristics.
The District seeks to foster an environment in which all employees and students feel free to
report incidents of harassment without fear of retaliation or reprisal. Therefore, the District
also strictly prohibits retaliation against any individual for filing a complaint of harassment or
for participating in a harassment investigation. Such conduct is illegal and constitutes a
violation of this policy. All allegations of retaliation will be swiftly and thoroughly investigated.
If the District determines that retaliation has occurred, it will take all reasonable steps within
its power to stop such conduct. Individuals who engage in retaliatory conduct are subject to
disciplinary action, up to and including termination or expulsion.
Any student or employee who believes that he or she has been harassed or retaliated against in
violation of this policy should immediately report such incidents by following the procedures
described in AP 3435. Supervisors are mandated to report all incidents of harassment and
retaliation that come to their attention.
This policy applies to all aspects of 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. In
addition, this policy applies to all terms and conditions of employment, including but not
limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of
absence, training opportunities and compensation.
To this end the superintendent/president shall ensure that the institution undertakes
education and training activities to counter discrimination and to prevent, minimize, and/or
eliminate any hostile environment that impairs access to equal education opportunity or
impacts the terms and conditions of employment.
The superintendent/president shall establish procedures that define harassment on campus.
The superintendent/president shall further establish procedures for employees, students, and
other members of the campus community that provide for the investigation and resolution of
complaints regarding harassment and discrimination, and procedures for students to resolve
complaints of harassment and discrimination. All participants are protected from retaliatory
acts by the District, its employees, students, and agents.
This policy and related written procedures (including the procedure for making complaints)
shall be widely published and publicized to administrators, faculty, staff, and students,
particularly when they are new to the institution. They shall be available for students and
employees in all administrative offices.
Employees who violate the policy and procedures may be subject to disciplinary action up to
and including termination. Students who violate this policy and related procedures may be
subject to disciplinary measures up to and including expulsion.
See Administrative Procedures 3430 and 3435
Approved by the Governing Board:
HARTNELL COLLEGE
5000 SERIES HUMAN RESOURCES AND EQUAL EMPLOYMENT
OPPORTUNITY
B.
Equal Employment Opportunity
5105
Non-Harassment Policy
It is the policy of the Board of Trustees that no individual shall be subjected to
harassment on the basis of race, color, religion, sex, sexual orientation, national origin,
age, veteran status, marital status or disability, and that all employees of the
District
have the responsibility to avoid any act or actions, implied or explicit, that may suggest
harassment, as defined and otherwise prohibited by state and federal law.
Forms of harassment specifically forbidden include, but are not limited to, sexual
harassment and harassment based upon race, color, gender, sex, sexual orientation,
national origin, ancestry, religion, age, marital status, veteran status, or disability.
Harassment based on the above classifications is unacceptable conduct, is unlawful, and
will not be tolerated by the District. Disciplinary action shall be initiated against any
employee found to have violated this policy. In general terms, harassment is unlawful
conduct unfairly or adversely affecting another's privacy, dignity or status in the
workplace or educational environment.
All harassment complaints shall be investigated and evaluated while maintaining strict
confidentiality during the process, in accordance with the applicable District procedures
for investigation and resolution of such complaints. Appropriate corrective action will be
taken if complaints or allegations are deemed factual.
Also see Governing Board Policy 5120, Sexual Harassment Policy.
Reference:
Civil Rights Act of 1987 (PL 100-259, 102 Stat 28)
California Code of Regulations, Title 5 (59300 et seq.)
Title IX of the Education Amendments of 1972 (20 USC 1618 et seq.)
Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991 (42 USC 2000
et seq.)
California Fair Employment and Housing Commission, California Code of
Regulations, Title 2, Sections 7287.6 and 7292
Equal Employment Opportunity Commission, Sex Equity in Education Act
(Education Code 200 et seq.)
(Formerly Governing Board Policy 1420, adopted 1-18-83)
Adopted: Revised and Renumbered 10-1-85
Revised and Adopted: 9-1-92, 4-4-95, 4-6-98, 5-4-99, 9-16-02, 4-1-03
HARTNELL COLLEGE
5000 SERIES HUMAN RESOURCES AND EQUAL EMPLOYMENT
OPPORTUNITY
B.
Equal Employment Opportunity
5120
Sexual Harassment Policy
It is the policy of the Governing Board of the Hartnell Community College District to
provide an educational and business environment free of unwelcome sexual advances,
request for sexual favors, and other verbal, visual, or physical conduct or
communications constituting sexual harassment, as defined by Education Code Section
212.5 and otherwise prohibited by state and federal statutes.
It is unlawful and a violation of this policy for anyone who is authorized to recommend
or make personnel or educational decisions affecting an employee or student or who is
otherwise authorized to transact business or perform other acts or services on behalf of
the District to engage in sexual harassment.
Allegations of sexual harassment shall be thoroughly investigated in accordance with the
District’s sexual harassment/discrimination complaint procedures.
It is a violation of this policy to retaliate against a sexual harassment complainant or
witness. The initiation of a complaint or participation as a witness in a sexual harassment
investigation shall not affect the complainant’s or witness’s future business dealings with
the District, his or her employment, compensation, work assignments, his or her grades,
class standing, or other matters pertaining to his or her status as an employee or student
in any District program.
A complaint and the results of the investigation shall be confidential to the extent
maintenance of confidentiality is consistent with a thorough investigation and appropriate
disposition of the matter.
Rules and procedures for reporting charges of sexual harassment and pursuing available
remedies may be obtained from the Director of Human Resources and Staff Diversity or
any employee in the Office of Human Resources and Staff Diversity.
A.
Definition of Sexual Harassment
Sexual harassment occurs when unwelcome sexual advances, requests for sexual
favors, and other verbal, visual or physical conduct of a sexual nature is:
1.
2.
5120
Made either explicitly or implicitly a term or condition of an individual’s
employment, academic status, or progress;
Used as a basis for employment or academic decisions affecting such
individual;
Sexual Harassment Policy (continued)
A.
Definition of Sexual Harassment (continued)
B.
3.
Has the purpose or effect of having a negative impact upon an individual’s
work or academic performance, or of creating an intimidating, hostile, or
offensive work or educational environment; or
4.
Is used as a basis for any decision affecting the individual regarding
benefits and services, honors, programs, or activities available at or
through the educational institution. (Ed. Code, 212.5)
Specific Examples of Sexual Harassment
Sexual Harassment includes but is not limited to:
5120
1.
Suggestive or obscene letters, notes, invitations, derogatory comments,
slurs, jokes, epithets, assaults, touching, impeding or blocking movement,
leering, gestures, display of sexually suggestive objects, pictures, cartoons
or posters.
2.
Continuing to express sexual interest after being informed that the interest
is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
3.
Coercive sexual behavior used to control, influence, or affect the career,
salary, and/or work environment of another employee, such as threats of
reprisal; implying or withholding support for an appointment, promotion,
transfer, or change of assignment; suggesting a poor performance report
will be prepared; or suggesting probation will be failed.
4.
Coercive sexual behavior used to control, influence, or affect the
educational opportunities, grades, and/or learning environment of a
student, including promises or threats regarding grades, course admission,
performance evaluations, or recommendations; enhancement or limitation
of student benefits or services (e.g. scholarships, financial aid, work study
job.)
5.
The deliberate or careless creation of an atmosphere of sexual harassment
or intimidation, or a hostile or offensive working environment.
6.
Offering favors or benefits, such as promotion, favorable performance
evaluation, favorable grades, assignments, duties or shifts,
recommendations or reclassification, in exchange for sexual favors.
7.
Any other conduct which, at the time of the conduct, constitutes sexual
harassment under any state or federal law or implementing regulation.
Sexual Harassment Policy (continued
C.
D.
Responsible District Officer
1.
The Director of Human Resources and Staff Diversity, shall be the District
officer responsible for the overall implementation of all policies and
regulations prohibiting sexual harassment. Copies of all documents
related to sexual harassment complaints shall be forwarded to the Director
of Human Resources and Staff Diversity to ensure uniform application of
this policy and coordinated efforts to prevent and eliminate sexual
harassment.
2.
The Director of Human Resources and Staff Diversity shall assist in the
processing of all complaints, and shall ensure that this policy and its
implementing procedures are appropriately distributed to students and
employees.
3.
The Director of Human Resources and Staff Diversity, with the
authorization of the Superintendent, may initiate training and education
programs to enable all employees and students to better understand the
problems and consequences of sexual harassment.
Duty to Report Known or Suspected Incidents of Sexual Harassment
1.
A District employee who routinely works with students in his or her
professional capacity or within the scope of his or her employment, has
knowledge of or observes a student whom he or she knows or reasonably
suspects has been, or is, the victim of sexual harassment, shall report the
known or suspected incident of sexual harassment to the Dean/Managing
Supervisor or the Director of Human Resources and Staff Diversity within
36 hours of receiving information concerning the incident. If the
Dean/Managing Supervisor is the alleged perpetrator of the incident, the
complainant shall report the incident to the Director of Human Resources
and Staff Diversity. If the Superintendent/President is the alleged
perpetrator of the incident, the complainant shall report the incident to the
Director of Human Resources and Staff Diversity.
2.
A supervisor who observes or is given information of sexual harassment
of an employee shall report the known or suspected incident to his or her
Managing Supervisor, if any, or Dean within 36 hours of observing or
receiving information about the incident. If either the Managing
Supervisor or Dean is the alleged perpetrator, the incident shall be
reported to the Director of Human Resources and Staff Diversity.
3.
Failure to report an incident of known or suspected sexual harassment of a
student or employee shall be considered a violation of a district regulation
and may result in disciplinary action.
Also see Governing Board Policy 5105, Non-Harassment Policy.
5120
Sexual Harassment Policy (continued)
Reference:
Federal Employment and Housing Act
Government Code §§ 12900 - 12996
DFEH Administrative Regulations, 2 CCR Section 7287.6
Title 7, Section 703: 42 USC Section 2000(e) et seq.
EEOC Guidelines: 29 CFR 1604.11
Education Code Sections 200-262.3
Title 5, Code of Admin. Regulations, Sections 59300-59340
Adopted: 5-4-99
Revised and Adopted: 9-16-02, 4-1-03