Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite gender, in the work or educational setting, when: (Education Code 212.5)
- submission to the conduct is made either expressly or by implication, a term or condition of the other’s employment;
- submission to or rejection of such conduct by the other individual is used as the basis for an employment decision affecting him/her;
- the conduct has the purpose or effect of unreasonably interfering with the other individual’s work or academic performance; creating an intimidating, hostile or offensive work or educational environment; or of adversely affecting the other individual’s evaluation, advancement, assigned duties, or any other condition of education, employment or career development;
- submission to or rejection of the conduct by the other individual is used as the basis for any decision affecting him/her regarding benefits, services, honors, programs or activities available at or through the District.
Other examples of sexual harassment, whether committed by a supervisor or any other employee, include but are not limited to:
- unwelcome leering, sexual flirtations or propositions;
- unwelcome sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions;
- graphic verbal comments about an individual’s body, or overly personal conversation;
- sexual jokes, stories, drawings, pictures or gestures;
- spreading sexual rumors;
- touching an individual’s body or clothing in a sexual way;
- cornering or blocking of normal movements;
- displaying sexually suggestive objects in the educational or work environment;
- any act of retaliation against an individual who reports a violation of the District’s sexual harassment policy or who participates in the investigation of a sexual harassment complaint.
Notification and Reporting
A copy of this policy shall: (Education Code 231.5)
- be displayed in a prominent location in the school or District office;
- be provided to each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or whenever a new employee is hired;
- appear in any school or District publication that sets forth the school’s or District’s comprehensive rules, regulations, procedures and standards of conduct.
All employees shall receive either a copy of information sheets prepared by the California Department of Fair Employment and Housing or a copy of District information sheets that contain, at a minimum, components on: (Government Code 12950)
- the illegality of sexual harassment;
- the definition of sexual harassment under applicable state and federal law;
- a description of sexual harassment, with examples;
- the District’s complaint process available to the employee;
- the legal remedies and complaint process available through the Fair Employment and Housing Department and Commission;
- directions on how to contact the Fair Employment and Housing Department and Commission.
Reports of sexual harassment shall be made in accordance with the provisions of AR 1312.3, Uniform Complaint Procedures.