COLLEGE OF THE REDWOODS

Board of Trustees Policy No. 809
Administrative Regulation No. 809.02

SEXUAL HARASSMENT


It is the policy of the College of the Redwoods to provide a workplace and educational environment free from sexual harassment and other prohibited discrimination. While on the campus, college employees and students are expected to adhere to a standard of conduct that is respectful and courteous to fellow employees and students and to the public.

Sexual harassment is a form of discrimination and is a violation of both State and Federal Laws (Title VII of the Civil Rights Act of 1964, Title IX, California Education Code, and Title 5). A violation of these laws could result in an unpleasant educational or work environment, reduced employee or student productivity or morale, embarrassment, adverse publicity, disciplinary action against a student, or staff member, and civil or criminal liability and legal action.

1. Definition

Sexual harassment is defined in California Education Code 212.5 as "unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, made by someone from or in the work or educational setting. . ." Sexual harassment occurs when:

(a) Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment, academic status, or progress.

(b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.

(c) The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.

(d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

2. Examples

Harassment and other discrimination on the basis of sex can be written, verbal, physical, or visual. The following behavior can be considered sexual harassment.

General

Comments, jokes, illustrations, text materials, handouts with sexual bias or overtones;
derogatory or demeaning remarks, slurs, epithets; off-color comments, body language, leering, gestures, facial expressions, eye messages; comments about size, figure, clothing, when the comments carry sexual implications; assault, touching, impeding or blocking movements, leaning over, hand on shoulder/ back/hip, encircling; invasion of space (standing or approaching too close); display of sexually suggestive objects or pictures, cartoons, posters, calendars; suggestive or obscene letters, notes, and invitations are all examples of sexual harassment.

ALL JOKES, ILLUSTRATIONS, COMMENTS, BODY LANGUAGE, ETC. SHOULD DISPLAY COURTESY AND RESPECT FOR ALL PERSONS.

Employment: Threats of reprisal; implying or actually withholding support for appointments, promotion or transfer; punitive actions; change of assignments; or suggesting that a poor performance report will be prepared if requests for sexual favors are not met. Promises of promotion, salary increases, etc.

Academic: Promises or threats regarding grades, course admission, recommendations; enhancement or limitation of student benefits or services (i.e. scholarships, financial aid, work study job).

Section 230 of California Education Code makes it unlawful to exclude a person or persons from participation in, to deny the benefits of, or to subject a person to harassment or other sex discrimination in any academic, extracurricular, research, occupational training, or other program or activity.

3. District Procedures

The District will take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees and students of their right to raise the issue of harassment, and developing methods to increase student and staff knowledge and understanding about sexual harassment and to sensitize all concerned. Sexual harassment by students or employees will not be tolerated; and if it occurs, will be subject to appropriate disciplinary action.

4. Student/Employee Responsibility

If a student, employee, or applicant believes that he/she is being or has been harassed, that person should immediately inform the harasser that his/her behavior is unwelcome, offensive, in poor taste, unprofessional, or highly inappropriate. If the employee/student feels uncomfortable or has difficulty expressing disapproval, or the harassment does not stop, assistance should be sought from a supervisor, an instructor, the Human Resources Director/EEO, or other college administrator. Information about informal and formal student or employee grievance procedures for complaints of unlawful discrimination (including sexual harassment) may be obtained from the Human Resources Office.

Approved: February 1985
Revised: 3/15/87, 5/6/91, 2/4/03