Policy/Complaint Procedure
The policy regarding discrimination and sexual harassment
as well as the Discrimination Complaint Form is contained
in the district’s Affirmative Action Plan, available
in the Office of Human Resources and Employee Relations.
Students or employees with complaints of discrimination
or sexual harassment should direct them to either the District
Compliance Officer at (661) 722-6311 or the Title 9 Officer
at (661) 722-6354.
Copies of the complaint procedure are available from the
Office of Human Resources and Employee Relations. The Vice
President of Human Resources
and Employee Relations and the district’s Compliance
Officer, is the administrator responsible for receiving
complaints of discrimination based on age as well as disability,
race, religion and sex, including sexual harassment.
Questions or concerns should be directed to:
Antelope Valley College
Office of Human Resources and Employee Relations
3041 West Avenue K
Lancaster, CA 93536-5426
(661) 722-6318
Sex Discrimination
Sex discrimination is defined as the differential treatment
of students and staff within the college community on the
basis of sex in employment, educational programs and activities.
Sex discrimination examples in the treatment of students
include, but are not
limited to:
• Admissions.
• Access to programs and facilities.
• Vocational education.
• Physical education.
• Competitive athletics.
• Graduation requirements.
• Student rules, regulations and benefits.
• Treatment of married and/or pregnant students.
• Financial assistance.
• Extracurricular activities.
• Comments consistently targeted only at one gender.
Sexual harassment and/or sex discrimination and the associated
behaviors as stated, but not limited to the examples, are
unacceptable within the college environment and during any
off-campus college-sponsored activities.The standard for determining whether conduct constitutes sexual harassment is whether a reasonable person of the same gender as the victim would perceive the conduct as harassment based on sex
This policy covers all individuals in the workplace. Antelope
Valley College will not tolerate, condone, or allow sexual
harassment and/or sex discrimination, whether engaged in
by employees or non-employees who conduct business with
the district. The district encourages reporting of all incidents
of sexual harassment and/or sex discrimination, regardless
of who the offender may be, or the offender’s relationship
to the district. Sanctions shall be taken against
any student, employee, or non-employee conducting business
with the district who engages in sexual harassment and/or
sex discrimination.
Sexual Harassment
Purpose of Policy
The purpose of the district’s sexual harassment policy
is to:
1. Prohibit and discourage any person in the work or education
setting from sexually harassing any other person including
students in the work or educational setting;
2. Provide a harassment-free work and educational environment;
3. Remedy in a speedy manner and consequences of sexual
harassment;
4. Provide on-going education and awareness of the problem
of sexual harassment;
5. Provide information about how to pursue claims of sexual
harassment.
General Definitions
To be unlawful, gender-based harassment has to be pervasive
and severe enough to alter the conditions of the victim’s
employment or educational environment. Trivial, isolated
incidents will not necessarily create a hostile atmosphere.
Moreover, the conduct generally must be repetitive,
although when physical behavior is involved, a one-time
occurrence sometimes will be sufficient.
Generally, sexual harassment occurs when unwelcome sexual
advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature:
1. Is made either explicitly or implicitly a term or condition
of an individual’s education status or employment.
2. Is used as a basis for educational or employment decisions
affecting such
individual.
3. Creates an intimidating, hostile or offensive educational
or working environment.
Specific Examples
For the purpose of further clarification, sexual harassment
includes but is not
limited to:
1. Continuing unsolicited and/or unwelcome written, verbal,
physical and/or visual contact with sexual overtones. Written
examples include, but are not
limited to: suggestive or obscene letters, notes, invitations.
Verbal examples include, but are not limited to: derogatory
comments, innuendoes, slurs, jokes, epithets. Physical examples
include, but are not limited to: assault, touching, impeding
or blocking movement. Visual examples include, but are not
limited to: leering, gestures, display of sexually offensive
objects or pictures, cartoons, or posters.
2. Continuing to express sexual interest after being informed
that the interest is unwelcome. (Reciprocal attraction is
not considered sexual harassment, however, this type of
situation could create a hostile environment for others.)
3. 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. For
example, within the work environment, either implying or
actually withholding support for an appointment, promotion,
or change of assignment; suggesting a poor performance evaluation
will be prepared, or suggesting probation will be failed.
Within the educational environment, either implying or actually
withholding grades earned or deserved; or suggesting a scholarship
recommendation or college application will be denied.
4. Within the work environment, engaging in implicit or
explicit coercive sexual behavior which is used to control,
influence, affect the career, salary and/or work environment
of another employee. Within the educational environment,
engaging in implicit or explicit coercive sexual behavior
which is used to control, influence, or affect the educational
opportunities, grades and/or learning environment of a student.
5. Offering favors or educational or employment benefits,
such as grades or
promotions, favorable performance evaluations, favorable
assignments,
favorable duties or shifts, recommendations, reclassifications,
etc., in exchange for sexual favors.
6. A pattern of conduct that would cause discomfort and/or
humiliate a reasonable person at whom the conduct was directed
and that includes one or more of the following: a. Unnecessary
touching, patting, hugging, or brushing against a person’s
body.b. Remarks of a sexual nature about a person’s
clothing or body; or remarks about sexual activity or speculations
about previous sexual experiences.
General Provisions and Guidelines
Charges/Complaints
1. Filing
Charges/complaints should be in writing and shall be filed
with the District
Compliance Officer or designee. Any charge/complaint received,
whether in writing or not, shall be investigated.
2. Content of Charge/Complaint
The charge/complaint shall identify the offending person
or persons; include
reference to specific examples of offensive conduct, including
dates, times and places; identify the remedy sought; and
describe the informal efforts made to correct the situation.
3. Review and Disclosure of Charge/Complaint
The District Compliance Officer or designee shall review
the charge/complaint. As soon as reasonably possible after
receipt of the charge/complaint, the student, employee,
or other person who is accused of sexual harassment will
be informed of the contents of the charge/complaint.
4. Time Limits
A charge/complaint shall be filed within one year of the
date of the alleged unlawful discrimination or within one
year of the date on which the complainant
knew or should have known of the facts underlying the allegation
of unlawful
discrimination*.
* Administrative Code of Regulations, Title 5, Section 66250
et seq. and 72010 et seq. Title 5 of the California Code
of Regulations is available at http://ccr.oal.
ca.gov and in the AVC Library.
