Sexual Harassment Policy

Sexual Harassment
Sexual Harassment is illegal and a serious form of misconduct. Sexual harassment of students, employees, and any non-employees with whom the ORGANIZATION has a business, service, or professional relationship, including vendors and clients, is prohibited and will not be tolerated. The ORGANIZATION is committed to maintaining a training and working environment, free from all forms of sexual harassment.

The prohibition against sex harassment includes a prohibition against sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions.

Definition of Sexual Harassment
Sexual harassment includes unwelcome verbal, visual or physical conduct of a sexual nature which creates an intimidating, offensive, or hostile environment that interferes with work performance.

Such conduct constititutes harassment when:

• submission to the conduct is either an implicit or explicit term or condition of training or employment,
• submission to or the rejection of the conduct is used as a basis for a training or employment decision affecting a student or employee; or
• the conduct has the purpose or effect of unreasonably interfering with an individual's performance at study or work by creating an intimidating, offensive or hostile environment in which to train or work.

Description of Sexual Harassment
The ORGANIZATION recognizes that unwelcome verbal or physical conduct of a sexual nature may take a number of forms and may include, but is not limited to:

• inappropriate physical contact including blocking of movement, brushing against the body, coercive sexual involvement, cornering, grabbing, hugging, kissing, patting, pinching, poking, stalking, any form of sexual assault; and touching;
• inappropriate visual contact including leering, obscene gestures, and staring;
• inappropriate display of material including books, calendars, cartoons, magazines, photos, obscene letters or invitations, pictures and posters;
• inappropriate written communication including faxes, graffiti, invitations, letters, memos, notes, and e-mail;
• inappropriate comments including demeaning remarks, epithets, insults, jokes, requests, sexual innuendo, suggestive statements, and slurs;
• suggestive or insulting noises or whistling;
• awarding or withholding favorable employment or training opportunities, evaluations or assistance;
• unwelcome or invasive flirting;
• any harassing behavior, whether or not sexual in nature that is directed toward a person because of the person's gender or sexual orientation.
• Continued requests for dates and propositioning an individual.

Complaint Procedures
Sexual Harassment complaints may be resolved using any of the procedures set out in the ORGANIZATION's CONFLICT RESOLUTION PROCEDURE. These options include discussion, mediation, investigation and appeals.

In addition students or employees who believe they have been sexually harassed may:
(a) warn alleged harasser that the behavior is unwelcome and should stop,
(b) notify alleged harasser that a complaint will be lodged if the behavior does not stop,
(c) discuss the situation with the Human Resource Person (HRP), or any instructor without filing a complaint.

ORGANIZATION will investigate any allegations of sexual harassment regardless of whether a complaint is filed. This investigation will be thorough, prompt, and confidential. Students and employees who believe they have been sexually harassed are encouraged to file a verbal or written complaint with the HRP.

The ORGANIZATION emphasizes that an employee or student is not first required to complain to his or her supervisor or instructor if that individual is the one who is allegedly harassing the employee or student.

Students and employees who believe they have been sexually harassed may at any time, regardless of whether they have filed a complaint with the ORGANIZATION, file a complaint with the Equal Employment Opportunity Commission (EEOC) through their Oakland district office: 1333 Broadway, Room 430, Oakland CA 94612, (510) 273-7588.

A complaint may also be filed with the California Department of Fair Employment and Housing (DFEH): 2014 T Street, Suite 210, Sacramento, CA 95814, (800) 884-1684, (916) 227-2873.

The California Labor Commissioner, rather than the DFEH or EEOC, processes administrative claims of sexual orientation discrimination. The deadline for filing complaints with the Labor Commissioner is 30 days from the date of the alleged unlawful conduct.

Investigation
A neutral person will investigate all complaints filed in accordance with the procedures established in the ORGANIZATION's CONFLICT RESOLUTION PROCEDURE as potential disciplinary infractions. Upon receipt of a complaint alleging sexual harassment, the ORGANIZATION shall take all appropriate steps to prevent the alleged conduct from continuing, pending completion of the investigation. The investigation procedure allows a complainant to request that a person of a specific gender conduct the investigation.

If the results of the investigation establish that there is insufficient evidence that a policy violation occurred, the ORGANIZATION will inform all parties involved that the matter is concluded. If the results of the investigation establish that a policy violation occurred, the ORGANIZATION will take appropriate disciplinary action, up to and including expulsion and termination. Where the investigation establishes a violation of the policy that does not result in expulsion or termination, in addition to receiving discipline short of expulsion or termination, the ORGANIZATION will carefully explain its sexual harassment policy to the accused, suggesting ways to correct the behavior, and informing him or her that any further instances of harassment may result in immediate expulsion or termination.

A disciplinary investigation shall not preclude the use of any of the other procedures set out in the ORGANIZATION's CONFLICT RESOLUTION PROCEDURE.

Retaliation
The ORGANIZATION will not retaliate against any student or employee for opposing sexual harassment, filing a harassment complaint, or testifying or participating in any other manner in a harassment investigation or other proceeding. Retaliation by students and employees is prohibited and will not be tolerated. Any act of retaliation toward the complainant, witnesses, participant, or others involved in the investigation shall be subject to disciplinary action.

Confidentiality
Investigations of alleged incidents of sexual harassment will be conducted in the most confidential manner possible. Individuals other than the immediate parties may be contacted during the fact-finding investigation process. Everyone contacted is requested to cooperate fully and to refrain from discussing the case outside the formal investigation process. Information regarding the allegations and investigation of sexual harassment will be limited to those who have a legitimate need to know.

Record Keeping
The Human Resource Person (HRP) will maintain copies of formal written complaints, along with supporting evidence, and a record of the number, type of complaints and outcome of complaints filed. The HRP will conduct an annual analysis of this data each spring to identify patterns or trends and to recommend institutional, educational, or prevention strategies to the director of the ORGANIZATION.

Education and Preventive Actions
The ORGANIZATION will make all students and employees aware of the basic components of this policy concerning their rights to be free from sexual harassment and where further information is available. In addition, mini-training sessions at staff meetings and core faculty meetings will be held, educating staff and teachers how to keep the ORGANIZATION as free from harassment as possible and in how to handle sexual harassment complaints. A copy of this policy will be distributed to all students and employees and posted in areas where all students and employees will have the opportunity to freely review it.