Sexual Harassment Awareness and Prevention May 27, 2011 RCCD Leadership Academy by Chani Beeman, Director Diversity, Equity and Compliance

Laws Prohibiting Sexual Harassment Federal Title VII of the Civil Rights Act of 1964 – Applies to all organizations with more than 15 employees State California Fair Employment and Housing Act (FEHA) – Applies broader coverage than Title VII Assembly Bill 1825 (AB-1825) – Requires all employers in California with 50+ employees to provide supervisor training on prevention and response California Education Code – Requires that RCCD prevent and resolve any detectable sexual harassment

RCC District Policies BP 3410 Non Discrimination –“ The District…shall provide access to its services, classes, and programs without regard to actual or perceived ethnic group identification, national origin, religion, age, sex or gender, race, color, ancestry, sexual orientation, or physical or mental disability, or any characteristic listed …” BP 3430 Prohibition of Harassment and Retaliation –All forms of harassment are contrary to basic standards of conduct between individuals … The District shall be free of sexual harassment and all forms of sexual intimidation and exploitation… –“…the District also strictly prohibits retaliation against any individual for filing a complaint, who refers a matter for investigation or complaint, who participates in an investigation…”

Protected Classifications “Because of Factors” SEX/GENDER RACE/NATIONAL ORIGIN/COLOR DISABILITY/MEDICAL CONDITION RELIGIOUS CREED MARITAL STATUS AGE (40+) SEXUAL ORIENTATION OPPOSITION TO HARASSMENT ASSOCIATION/PERCEPTION

Discrimination –Differential treatment of an individual or group based on a protected classification, and that treatment is likely to impair a reasonable person’s performance, prospects for advancement or promotion. Examples: Double standards, assignments, limitations, hostile environment

Harassment –Verbal, visual or physical conduct of an aggravating nature that is based on a protected classification, is unwelcome and sufficiently severe or pervasive to alter the working/learning environment so as to create an abusive environment. Harassment is determined by the perception of “the reasonable person” Examples: Yelling, teasing, intimidation, rumors, innuendo, touching, display of offensive material

Sexual Harassment –unsolicited and unwelcome sexual advances, requests for sexual favors and other verbal, physical or visual conduct of a sexual nature. Is a form of discrimination harassment Has no place in an academic or work setting Laws and policies assure a positive and safe environment for all students, employees and visitors

Sexual Harassment Can be conduct directed by: –Men toward women –Women toward men –Men toward men –Women toward women Does not have to be intended to be unlawful Determined by the “Reasonable Person” standard

Examples of Sexual Harassment Unwanted sexual advances or persistent requests for relationship Leering or making sexual gestures Displaying sexually suggestive objects, pictures, cartoons, or posters Sexual comments including graphic comments about a person’s body Making or using derogatory comments, epithets, slurs, or jokes Sexually degrading words describing an individual Suggestive or obscene letters, notes, or invitations Impeding or blocking movements, physical touching or assault Offering employment or grade benefits in exchange for sexual favors Actual or threatened retaliation for non-participation

Factors Considered The nature, frequency, context, and intended target of the remarks Whether the remarks were hostile, derogatory or patently offensive Whether the alleged harasser singled out the complaining party Whether the complaining party participated in the exchange The relationship between the complaining party and the alleged harasser

Test your conduct… To Determine if Your Conduct is Appropriate, Ask Yourself the Following Questions: 1.Would I want my conduct to be a story in the college newsletter or to appear on the evening news? 2.Would I behave the same way if my Mother (or another family member) was standing next to me? 3.Would I want someone else to act this way toward a person that I’m in a relationship with? 4.Is there equal initiation and participation between me and the person I’m interacting with? 5.Is there equal power between me and the person I am interacting with?

Your Rights A work and learning enviroment free from discrimination and/or harassment Free inquiry and expression Respect and fairness

Your Responsibilities Exercise freedom with maturity and responsibility Compliance with the law and district policies Counsel and/or avoid peers engaged in prohibited conduct Report suspected violations

Consequences of Unlawful Discrimination or Harassment Employees –Reprimands, counseling, suspension, missed promotion, termination Students –Removal from class, counseling, academic record notation, expulsion

Report Suspected Misconduct To your Supervisor Director of Diversity, Equity and Compliance

Outside Agencies Although the District prefers to resolve complaints internally, employees and students may also file complaints with the following external agencies: –Department of Fair Employment and Housing employment-related complaints –Equal Employment Opportunity Commission employment-related complaints –Department of Education Office for Civil Rights non employment-related complaints –State Chancellor’s Office Any complaint may be sent to this agency, but only has appeal jurisdiction over complaints not related to employment