Board Policy 3430 (pdf)
Helpful link: Board Policies and Administrative Regulations
PROHIBITION OF HARASSMENT
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, students, unpaid
interns and volunteers 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, employee, unpaid intern or volunteer 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 AR 3435 Discrimination and
Harassment Investigations. 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 or designee 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 or designee shall establish administrative regulations
that define harassment on campus. The Superintendent/President or designee shall further
establish regulations for employees, students, unpaid interns, volunteers 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 regulations (including the regulation for making
complaints) shall be widely published and publicized to administrators, faculty, staff,
students,
unpaid interns and volunteers particularly when they are new to the institution, as
required
in Education Code 66281.5. They shall be available for students, employees, unpaid
interns, and volunteers in all administrative offices, and shall be posted on the
District’s
website. Employees who violate the policy and regulations may be subject to disciplinary
action up
to and including termination. Students who violate this policy and related regulations
may
be subject to disciplinary measures up to and including expulsion. Unpaid interns
who
violate this policy and related procedures may be subject to disciplinary measures
up to
and including termination from the internship or other unpaid work experience program.
References:
- Education Code Sections 212.5, 44100, 66252, and 66281.5;
- Government Code Sections 12923, 12940 and 12950.1;
- Civil Code Section 51.9;• Title 2 Sections 10500 et seq.;
- Title VII of the Civil Rights Act of 1964, 42 U.S. Code Annotated Section 2000e
See Administrative Regulation 3430
Adopted: 03/17/14
Revised: 12/15/15, 8/20/19
Reviewed: 06/29/15, 08/07/17; 01/31/20
Free viewers are required for some of the attached documents.
They can be downloaded by clicking on the icons below.
Acrobat Reader
Windows Media Player
Word Viewer
Excel Viewer
PowerPoint Viewer