(Approved August 13, 2010)
The Academic Senate maintains a strict policy prohibiting sexual harassment and harassment because of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sexual orientation, age or any other basis protected by federal, state or local law or ordinance or regulation. This policy applies to all persons involved in the operations of the Academic Senate and prohibits such harassment by any Executive Committee member or employee of the Academic Senate, including supervisors and co-workers. Prohibited harassment in any form, including verbal, physical and visual conduct, threats, demands, and retaliation will not be tolerated. Harassment because of sex, race, ancestry, physical or mental disability, medical condition, marital status, sexual orientation, age or any other protected basis includes, but is not limited to:
- Verbal conduct such as epithets, derogatory comments, slurs, or unwanted sexual advances, invitations, or comments; visual conduct such as derogatory posters, photography, cartoons, drawings, or gestures; physical conduct such as assault (unwanted touching), blocking normal movement, or interfering with work directed at the Executive Committee member or employee because of his or her sex or any other protected basis; threats and demands to submit to sexual requests in order to keep his or her assignment or job or avoid some other loss, and offers of job benefits in return for sexual favors.
- Retaliation for having reported or threatened to report harassment, or for participating in an investigation, proceeding or hearing conducted by the Fair Employment and Housing Commission, is prohibited. The Executive Committee member or employee may have a claim of prohibited harassment even if he or she has not lost an assignment or job or some other economic benefit. Prohibited harassment that impairs an Executive Committee member or employee's working ability or emotional well being on assignment or at work violates this policy and will not be tolerated
Executive Committee members and employees have a right to redress for prohibited harassment. If an Executive Committee member or employee believes he or she is being harassed on the assignment or job because of sex, race, ancestry, or other prohibited basis, the Executive Committee member or employee should use the following procedure to file a complaint and have it investigated:
- In order to secure this right, provide a written complaint to the Executive Director, unless the prohibited harassment complaint involves the Executive Director in which case, provide the written complaint to the President. This written complaint should be submitted as soon as possible after any incident the Executive Committee member or employee feels is prohibited harassment. The complaint should include the details of the incident or incidents, the names of the individuals involved and the names of any witnesses.
- Dependent upon the parties involved in the complaint, the President, the Executive Director or his/her designee will immediately undertake an effective, thorough, and objective investigation of the harassment allegations. This investigation will be completed and a determination regarding the harassment alleged will be made and communicated to the committee member or employee as soon as practical.
If the assigned investigator determines that prohibited harassment has occurred, the Academic Senate will take effective remedial action commensurate with the severity of the offense. Appropriate action will also be taken to deter any future harassment. Whatever action is taken against the harasser will be made known to the Executive Committee member or employee, and the Academic Senate will take appropriate action to remedy any loss to the Executive Committee member or employee resulting from harassment. The Academic Senate will not retaliate against an Executive Committee member or employee for filing a complaint, and will not knowingly permit retaliation by employees or Executive Committee members.
Additionally, Executive Committee members or employees have the right to submit a prohibited harassment complaint to the Academic Senate Executive Committee if prompt action has not been taken to resolve the complaint according to the procedures stated above.
The Academic Senate encourages all Executive Committee members or employees to immediately report any incidents of harassment forbidden by this policy so that complaints can be quickly and fairly resolved.
Complaints of unlawful sexual harassment can be filed with the California Department of Fair Employment and Housing and/or the federal Equal Employment Opportunity Commission. These agencies may accept, investigate and prosecute complaints. The Fair Employment and Housing Commission in appropriate cases can award damages and other remedies (such as back pay, reinstatement and/or fines). The telephone number for the Sacramento Office of the Department of Fair Employment and Housing is (916) 478-7251; other agency telephone numbers are listed in the telephone book.
(Approved August 13, 2010)