3.14 SEXUAL HARASSMENT AND SEX DISCRIMINATION POLICY
Members of an academic communityÛstudents,
faculty and staffÛmust be able to work in an atmosphere
of mutual respect and trust. Students, teachers and staff must
feel personally secure in order for education to take place. As
a place of work and study, West ValleyÒMission Community
College District should be free of sexual harassment, sex discrimination
and all forms of sexual intimidation and exploitation. Any violation
of trust, any form of intimidation or exploitation regardless
of gender, damages the institution's educational process by undermining
the essential freedoms of inquiry and expression. All students,
staff and faculty must be assured that the District will take
action to prevent misconduct. Anyone who engages in sexual harassment
and/or sex discrimination shall be subject to sanctions.
The Office for Civil Rights of the U.S. Department of Education has issued the following statement on sexual harassment:
Sexual harassment of students is a real and increasingly
visible problem of serious consequence in higher education. A
sexual harassment experience can affect all aspects of a student's
life: it can threaten a student's emotional wellÒbeing,
impair academic progress and even inhibit the attainment of career
goals . . . Sexual harassment in educational institutions is not
simply inappropriate behavior; it is against the law.
Title IX of the Higher Education Amendments of 1972 requires that:
No person in the United States shall, on the basis
of sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education program
or activity receiving Federal financial assistance."
Sexual harassment and sex discrimination are a violation of Title IX of the 1972 Education Amendments in that it constitutes differential treatment on the basis of sex. Title IX protects both employees and students and applies to any educational institution which receives Federal funds.
3.14.1 Policy
It is the policy of the West ValleyÒMission
Community College District to provide an educational, employment
and business environment free of unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct or communications
constituting sexual harassment and/or sex discrimination as defined
and otherwise prohibited by Federal and State law.
Engaging in sexual harassment and/or sex discrimination shall be a violation of this policy.
3.14.2 Definition Of Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature that:
A. Is made either explicitly or implicitly a term or condition of an individual's educational status or employment;
B. Is used as a basis for educational or employment decisions affecting such individual;
C. Has the purpose or the effect of unreasonably interfering with an individual's educational or work performance or which create an intimidating, hostile or offensive educational or work environment.
3.14.2.1 Sexual harassment examples include, but are not limited to the following:
A. Making written, verbal, physical and/or visual contacts with sexual overtones.
1. Written forms may include suggestive or obscene letters, notes, invitations.
2. Oral forms may include derogatory comments, slurs, jokes, epithets.
3. Physical forms may include assault, unwelcome touching, impeding or blocking movement.
4. Visual forms may include leering, gestures, display of sexually offensive objects, pictures, cartoons or posters.
B. Making reprisals, threats of reprisal, or implied threats of reprisal following a rebuff of harassing behavior:
1. Within the work place include implying or actually withholding support for an appointment, promotion or change of assignment; submitting or threatening to submit an undeserved performance report; or failing or threatening to fail the probationary period.
2. Within the educational environment include withholding or threatening to withhold grades earned or deserved; submitting or threatening to submit an undeserved performance evaluation; or denying or threatening to deny a scholarship recommendation or college application.
C. Retaliation for having reported or threatened to report sexual harassment.
D. Continued expressions of sexual interest after being informed that the interest is unwelcomed.
E. Engaging in explicit or implicit coercive sexual behavior within the work environment which is used to control, influence or affect the employee's career, salary and/or work environment.
F. Engaging in explicit or implicit coercive sexual behavior within the educational environment which is used to control, influence or affect the educational opportunities, grades, and/or learning environment of a student.
G. A pattern of conduct that would cause discomfort and/or humiliate a reasonable person at whom the conduct was directed and that includes one or more of the following:
1. Unnecessary touching, patting, hugging, or brushing against a person's body;
2. Remarks of a sexual nature about a person's clothing or body; or remarks about sexual activity or speculations about previous sexual experiences.
3.14.3 Definition Of Sex Discrimination
Sexual discrimination is defined as the differential treatment of college community on the basis of sex in employment, educational programs and activities.
3.14.3.1 Sexual Discrimination Examples In The Treatment Of Students include but are not limited to:
Ô Admissions
Ô Access to programs and facilities
Ô Vocational education
Ô Physical education
Ô Competitive athletics
Ô Graduation requirements
Ô Student rules, regulations and benefits
Ô Treatment of married and/or pregnant students
Ô Financial assistance
Ô Health services
Ô Extracurricular activities
Ô Comments consistently targeted only at one gender
3.14.3.2 Sexual discrimination examples in employment include but are not limited to the following:
Ô Access to employment
Ô Hiring and promotion
Ô Compensation
Ô Job assignments
Ô Fringe benefits
Ô Leaves of absence
Ô Labor organization contracts or professional agreements
Ô Comments consistently targeted only at one
gender
Sexual harassment and/or sex discrimination and the associated behaviors, as stated but not limited to, the examples are unacceptable within the college environment and during any offÒcampus collegeÒsponsored activities. In evaluating behavior, the standard to be applied is that of a reasonable victim of the same gender as the victim.
3.14.4 Dissemination of Information
It is the District's responsibility to disseminate
this policy to all employees and students, and to announce its
existence in prominent places throughout the District. All District
employees are responsible for understanding the substance of this
policy and procedures and for its implementation. The members
of the Sexual Harassment and Sex Discrimination Panel at each
College, the responsible College Officer at each college, and
the responsible District Officer will be available to answer all
questions about the policy and procedures.
It is the responsibility of the District to provide training to all individuals covered under this policy.
3.14.5 Individuals Covered Under This Policy
This policy covers all individuals in the workplace. West ValleyÒMission Community College District will not tolerate, condone or allow sexual harassment and/or sex discrimination, whether engaged in by employees or nonÒemployees who conduct business with the District. The District encourages reporting of all incidents of sexual harassment and/or sex discrimination, regardless of who the offender may be, or the offender's relationship to the District.
3.14.6 Consensual Relationships
Consensual relationships that are of concern to the
West ValleyÒMission Community College District are those
amorous, romantic or sexual relationships in which both parties
appear to have consented, but where there is a definite power
differential between the two parties.
All instructors, supervisors and other employees should understand that there are substantial risks in a consensual relationship where a power differential exists. Charges of sexual harassment and/or sex discrimination may develop, even when both parties have consented to the relationship. An instructor's or supervisor's liability protection under California statutes may not apply to protect the individual in subsequent litigation arising out of the relationship's effect on the student or employee. It is the instructor, supervisor, or other employee who, by virtue of his or her special power and responsibility, will bear a special burden of accountability.
3.14.7 Sanctions
The West ValleyÒMission Community College District forbids any form of sexual harassment and/or sex discrimination, including acts of nonÒemployees. Sanctions shall be taken against any student, employee, or nonÒemployee conducting business with the District who engages in sexual harassment and/or sex discrimination