MSJC College Catalog 2007-08

Page 63

General Regulations

• • • • • •

The following regulations provide guidelines on sexual harassment in the workplace. California Fair Employment and Housing Act (Government Code §12900 et seq.) Sex Equity in Education Act (Education Code §§51 et seq.) Assembly Bill 80 of 1977 (Government Code §§11135 et seq.) Chapter 2, Division 4, Title 2, of the California Administrative Code. Subsection 1 (Commencing with §53000), Section 2, Chapter 1, Division 4, Title 5, of the California Administrative Code. §§87100 of the California Education Code.

Monitoring Responsibility The Vice President of Human Resources and Title IX Coordinator, as designated by the Governing Board, will be responsible for ensuring compliance with this policy. The Vice President of Human Resources will yearly evaluate, among other things: The frequency and nature of complaints under this policy; employee and student compliance with the policy; employee and student perceptions of the policy’s effectiveness. Results of the evaluation will be used to modify or update the policy as appropriate, with an emphasis on remedying deficiencies. Policy •

In order to provide a safe and healthy environment that encourages respect, dignity, and equality, it is district policy to provide an educational and employment environment free from sexual harassment and discrimination on the basis of sex. Under both Title VII of Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, the district considers sexual harassment to be unlawful discrimination on the basis of sex. In addition, discrimination on the basis of sex is prohibited by the California State Constitution. Finally, sexual harassment/ assault by any individual may constitute a sexual crime under the California State Criminal Code.

The district strictly prohibits all forms of sexual harassment on district grounds, and at all district-sponsored activities, programs, and events including those that take place at locations outside the district. The district also strictly prohibits all forms of sexual harassment against individuals associated with the district (i.e. contractors, consultants, etc.), whether or not the harassment occurs on district grounds.

Because sexual harassment can occur employee to employee, employee to student, student to employee, student to student, male to female, female to male, male to male, female to female, it shall be a violation of this policy for any student, employee, or third party (district visitors, vendors, etc.) to sexually harass any student, employee, or any other individual associated with the district (i.e. contractors, consultants, etc.).

The district encourages all victims of sexual harassment and persons with knowledge of sexual harassment to report the harassment immediately. All persons who complain or file a complaint have the right to be free from retaliation of any kind.

The district will promptly investigate all formal, informal, verbal, and written complaints of sexual harassment, and take prompt corrective action to end the harassment.

Definitions “Sexual harassment” is defined as being unwelcome sexual advances, requests for sexual favors, other unwanted physical or verbal conduct or communications of a sexual nature, and any other gender-based harassment, whether initiated by students, district employees, or third parties, when: •

Submission to the conduct is made explicitly or implicitly a term of employment or condition of a student’s education (including any aspect of the student’s participation in district-sponsored activities, or any other aspect of the student’s education);

Submission to, or rejection of the conduct is used as the basis for decisions affecting employment status decisions, or a student’s academic performance, or participation in district-sponsored activities or creates an intimidating, hostile, or offensive educational environment.

Mt. San Jacinto College 2007-2008 Catalog

63


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