North Orange County Community College District
BOARD POLICY
Chapter 3
General Institution
BP 3430 Unlawful Discrimination

Reference:
Education Code Section 66250, et seq.; 72010, et seq.;
Title 5, California Code of Regulations, Section 59300, et seq.

1.0 It is the policy of the North Orange County Community College District to provide an
educational, employment and business environment in which no person shall be unlawfully
subjected to discrimination or sexual harassment, nor unlawfully denied full and equal
access to the benefits of any program or activity of the District that is administered by,
directly funded by, or that receives any financial assistance from, the Chancellor or Board of
Governors of the California Community Colleges.

2.0 It shall be a violation of this policy for anyone who is authorized to recommend or take
personnel or academic action affecting an employee or student, or who is otherwise
authorized to transact business or perform other acts or services on behalf of the North
Orange County Community College District, to engage in unlawful discrimination, as defined
below, or for anyone to retaliate against a person who files an unlawful discrimination
complaint, who participates in an investigation of a complaint, or who represents or serves
as an advocate for the complainant or for the person against whom a complaint is made.

2.1 The District will take preventive, corrective, and disciplinary action for any act that
violates this policy or the rights and privileges it is designed to protect.

2.2 Employees, students, or other persons acting on behalf of the District who engage in
unlawful discrimination or retaliation may be subject to discipline, up to and including
discharge, expulsion, or termination of contract.

2.3 Employees should be aware that if they engage in acts that the District determines to
be acts of unlawful discrimination, such acts are outside the course and scope of
their employment and may result in the employee having to obtain his or her own
legal counsel. Acts of unlawful discrimination may result in a money judgment
against the employee personally.

3.0 Unlawful Discrimination

3.1 "Unlawful Discrimination" means discrimination on the basis of ethnic group
identification, national origin, religion, age, sex, race, medical condition, color,
ancestry, sexual orientation, marital status, or physical or mental disability or
because an individual is perceived to have one or more of those characteristics, as
defined and otherwise prohibited by state and federal statutes, which include sexual
harassment.

3.2 Sexual Harassment

3.2.1 "Sexual harassment" means unwelcome sexual advances, requests for
sexual favors, and other verbal, visual or physical conduct of a sexual nature
made by someone from the work or educational setting, under any of the
following conditions:

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

3.2.1.2 Submission to, or rejection of, the conduct by an individual is
used as the basis of employment or academic decisions affecting
the individual.

3.2.1.3 The conduct has the purpose or effect of unreasonably interfering
with an individual's work or educational performance, or of
creating an intimidating, hostile, or offensive work or educational
environment.

3.2.1.4 Submission to, or rejection of, the conduct by an 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 colleges of the District.

3.2.2 Specific Examples: For the purpose of further clarification, sexual
harassment may include, but is not limited to, the following conduct, when it
occurs under one or more of the conditions described in section 3.2.1 above:

3.2.2.1 Making unsolicited written, verbal, physical or visual contact with
sexual overtones.

3.2.2.1.1 Written: Includes, but is not limited to, suggestive or
obscene letters, notes or invitations.

3.2.2.1.2 Verbal: Includes, but is not limited to, derogatory
comments, slurs, jokes, epithets.

3.2.2.1.3 Physical: Includes, but is not limited to, assault,
touching, impeding or blocking movement.

3.2.2.1.4 Visual: Includes, but is not limited to, leering,
gestures, or display of sexually suggestive objects,
pictures, cartoons, or posters.

3.2.2.2 Continuing to express sexual interest after being informed that
the interest is unwelcome.

3.2.2.3 Making reprisals, threats of reprisals, or implied threats of
reprisals following rejection of sexual harassment:

3.2.2.3.1 Within the Work Environment: Either implying or
actually withholding support for an appointment,
promotion, or change of assignment; suggesting
that a poor performance report will be prepared; or
suggesting that probation will be failed.

3.2.2.3.2 Within the Educational Environment: Either implying
or actually withholding grades earned or deserved;
suggesting that a poor performance evaluation will
be prepared; or suggesting that a scholarship
recommendation or college application will be
denied.

3.2.3 Within the North Orange County Community College District, sexual
harassment is prohibited regardless of the status and/or relationship the
affected parties may have.

3.2.3.1 Private, personal conduct may at some point become
unwelcome. Employees placed on notice that the co-employee
or student now finds the conduct unwelcome shall cease such
conduct immediately. Any conduct of a sexual nature following
such notice may be determined to be sexual harassment. Such
conduct is subject to investigation by the District on the complaint
of an individual who finds it to be unwelcome.

3.2.3.2 Employees who participate in a consensual relationship, and at
some point wish to discontinue the relationship, must clearly state
to the other participant that the conduct is no longer consensual
or welcome, and that all such conduct must cease.

3.2.4 Any employees who have knowledge of conduct that may constitute sexual
harassment of students or employees by another employee, volunteer, or
individuals in the school community are required to immediately report such
conduct to the District Director of Human Resources.

4.0 Responsible District Officer
The Vice Chancellor of Human Resources is designated by the District as the single District
officer responsible for receiving all unlawful discrimination complaints filed pursuant to
section 59328 of Title 5 of the California Code of Regulations, and for coordinating their
investigation. The actual acceptance and investigation of complaints may be assigned to
other staff or to outside persons or organizations under contract with the District.

5.0 Information on where to obtain specific rules and procedures for reporting charges of
unlawful discrimination may be obtained by contacting the District Director of Human
Resources, Anaheim Campus, 1830 W. Romneya Drive, Anaheim, CA 92801-1819,
telephone (714) 808-4818.

6.0 A copy of this policy will be displayed in a prominent location in the main administrative
building of each campus or other area where notices regarding the District's rules,
regulations, procedures, and standards of conduct are posted.

7.0 Faculty and staff will be provided with a copy of this policy at the beginning of the first quarter
or semester of the college year after the policy is adopted, or at the time of hire as a new
employee.

8.0 A copy of this policy, as it pertains to students, will be provided as part of any orientation
program conducted for new students at the beginning of each quarter, semester, or summer
session, as applicable.
See Administrative Procedure AP 3430.
Date Adopted: December 10, 2002
Date of Last Revision: March 23, 2004