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. Made either explicitly or implicitly a term or condition of an
individual’s employment, academic status, or progress;
2. Used as a basis for employment or academic decisions affecting
such individual;
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)
B. Specific Examples of Sexual Harassment
Sexual Harassment includes but is not limited to:
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.
C. 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.
D. 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.
2. 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. 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.
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
