SEXUAL HARASSMENT POLICY

The West Kern Community College District is committed to an educational environment in which all students are treated with respect and dignity. Each student has the right to learn in an environment that promotes equal educational opportunity, and is free from discriminatory practices.

Sexual harassment is a violation of Title IX of the Education Act Amendment of 1972, Title VII of the Civil Rights Act of 1964, and California Education Code Sections 210 through 214, inclusive.

Therefore, the District strongly condemns, opposes, and prohibits sexual harassment of student whether verbal, physical, or environmental, by anyone in or from the District.

Any student who engages in sexual harassment of anyone in or from the District may be subject to discipline, up to and including expulsion.

1. As used in this policy and regulation, "sexual harassment" means unwelcome sexual advances, request for sexual favors, and other verbal, visual, or physical conduct of sexual nature, made by anyone in or from the District, under any of the following conditions:
   1. Submission to the conduct is explicitly or implicitly made a term of a condition of an individual’s employment, academic status, or progress.
   2. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
   3. The conduct has the purpose of 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.
   4. 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. For the purpose of further clarification, sexual harassment includes but is not limited to:
   1. Making unsolicited written, verbal, physical and/or visual contact with sexual overtones
   2. Written examples include but are not limited to suggestive or obscene letters, notes, and invitations.
   3. Verbal examples include but are not limited to derogatory comments, slurs, jokes, and epithets.
   4. Physical examples include but are not limited to assault, touching, impeding or blocking movement.
   5. Visual examples include but are not limited to leering, gestures, display of sexually suggestive objects or pictures, cartoons, or posters
3. Continuing to express sexual interest after being informed that the interest is unwelcome. Reciprocal attraction is not considered sexual harassment.
4. Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response. For example:
   1. Within the work environment either implying or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor performance report will be prepared, or suggesting probation will be failed.
   2. Within the educational environment either implying or actually withholding grades earned or deserved; suggesting a poor performance evaluation will be prepared; or suggesting a scholarship recommendation or college application will be denied.

SEXUAL HARASSMENT PROCEDURE

1. DISSEMINATION OF POLICY
   This policy and related regulations shall be disseminated as follows.
   1. This policy and related regulations shall be provided to students as part of any orientation program for new students.
   2. This policy and related regulations shall be available in the office of the Vice President of Student Services. All administrators and supervisors shall be knowledgeable of the District’s policy and their responsibilities for its implementation.
2. COMPLAINT PROCEDURE
   Informal Resolution Process-To accommodate the unique nature of sexual harassment complaints, an informal process is provided for the primary resolution of a complaint at the earliest possible date. This process shall, at a minimum, include the following elements:
1. The Vice President of Student Services will be available to receive sexual harassment complaints for students. If the Vice President of Student Services is the alleged harasser, the student may present his or her complaint to the Vice President of Instruction. Upon receiving a sexual harassment complaint the appropriate supervisor shall:
   1. Counsel the alleged victim and outline the options available.
   2. Obtain a factual written statement of the complaint.
   3. Assist in follow-up investigation, interviewing the accused, witnesses, and supervisor, as appropriate,
   and recommending the disposition of the complaint.
2. The Vice President of Student Services will review the factual information collected to determine whether the alleged conduct constitutes sexual harassment giving consideration to the record as a whole and the totality of the circumstances, including the nature of the sexual advances and the context in which the alleged incidents occurred, and will take and/or authorize appropriate action.
3. FORMAL RESOLUTION PROCESS
   If the complaint is not resolved by the informal process to the satisfaction of the alleged victim, the following formal procedures are available:
1. The complaint shall be reduced to writing and sent to the appropriate Vice President within 10 working days of the completion of the informal process.
2. The Vice President shall investigate the complaint and respond within 10 working days after receiving the complaint.
3. If the complaint is not satisfactorily resolved at the level of the appropriate Vice President within 10 days of receipt of the Vice President’s response, may request that the complaint be reviewed by the Superintendent/President.
4. The Superintendent/President shall then take action deemed appropriate to resolve the situation including but not limited to, discipline, training, or other remedial measures.
5. An effort will be made to protect the privacy of the parties involved in a complaint. Files which pertain to complaints handled under the informal process shall be kept confidential and will not be made available to the general public.
6. Time limits may be extended by mutual agreement of the alleged victim and the person to whom the complaint is addressed at the respective level(s).
7. No retaliation of any kind will occur because an employee has made a sexual harassment complaint.
4. OBLIGATIONS OF ALL EMPLOYEES
   1. All employees shall report to their immediate supervisor any sexual harassment of students. Employees shall take appropriate action to stop any sexual harassment of students, including discipline or students involved and notification of incident(s) to the appropriate site administrator.
   2. All employees shall cooperate with any investigation of an alleged act of sexual discrimination/harassment conducted by the District of by an appropriate State of Federal Agency.
   3. No employee of the district shall take any action to discourage a victim of harassment from reporting such an instance.