DIA(LOCAL) - EMPLOYEE WELFARE: FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION
Note: This policy addresses discrimination, harassment, and retaliation involving District employees. For discrimination, harassment, and retaliation involving students, see FFH. For reporting requirements related to child abuse and neglect, see FFG.
Solely for purposes of this policy, the term "employee" includes former employees, applicants for employment, and unpaid interns.
Statement of Nondiscrimination
The District prohibits discrimination, including prohibited harassment, against any employee on the basis of race, color, religion, sex, gender, national origin, age, disability, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of District policy.
Discrimination against an employee is defined as conduct directed at an employee on the basis of race, color, religion, sex, gender, national origin, age, disability, or any other basis prohibited by law that adversely affects the employee's employment.
Prohibited harassment of an employee is defined as physical, verbal, or nonverbal conduct based on an employee's race, color, religion, sex, gender, national origin, age, disability, or any other basis prohibited by law, when the conduct is so severe, persistent, or pervasive that the conduct:
Has the purpose or effect of unreasonably interfering with the employee's work performance;
Creates an intimidating, threatening, hostile, or offensive work environment; or
Otherwise adversely affects the employee's performance, environment, or employment opportunities.
Sexual harassment is a form of sex discrimination defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:
Submission to the conduct is either explicitly or implicitly a condition of an employee's employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or
The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee's work performance or creates an intimidating, threatening, hostile, or offensive work environment.
The District prohibits retaliation against an employee who makes a claim alleging to have experienced prohibited discrimination or harassment, or another employee who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation.
In this policy, the term "prohibited conduct" includes discrimination, harassment, and retaliation as defined by this policy, even if the behavior does not rise to the level of unlawful conduct.
An employee who believes that he or she has experienced prohibited conduct or believes that another employee has experienced prohibited conduct should promptly report the alleged acts. The employee may report the alleged acts to his or her supervisor or campus principal.
Alternatively, the employee may report the alleged acts to one of the District officials below.
Definition of District Officials
For the purposes of this policy, District officials are the Title IX coordinator, the ADA/Section 504 coordinator, and the Superintendent.
Title IX Coordinator
Reports of discrimination based on sex and gender, including sexual harassment, may be directed to the designated Title IX coordinator. [See DIA(EXHIBIT)]
ADA / Section 504 Coordinator
Reports of discrimination based on disability may be directed to the designated ADA/Section 504 coordinator. [See DIA(EXHIBIT)]
The Superintendent shall serve as coordinator for purposes of District compliance with all other antidiscrimination laws.
Alternative Reporting Procedures
An employee shall not be required to report prohibited conduct to the person alleged to have committed it. Reports concerning prohibited conduct, including reports against the Title IX coordinator or ADA/Section 504 coordinator, may be directed to the Superintendent.
A report against the Superintendent may be made directly to the Board. If a report is made directly to the Board, the Board shall appoint an appropriate person to conduct an investigation.
Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to promptly report may impair the District's ability to investigate and address the prohibited conduct.
Notice of Report
Any District supervisor who receives a report of prohibited conduct shall promptly notify the appropriate District official listed above and take any other steps required by this policy.
Investigation of the Report
The District may request, but shall not insist upon, a written report. If a report is made orally, the District official may reduce the report to written form.
Upon receipt or notice of a report, the District official should determine whether the allegations, if proven, would constitute prohibited conduct as defined by this policy. If so, the District official shall immediately authorize or undertake an investigation, regardless of whether a criminal or regulatory investigation regarding the same or similar allegations is pending.
The investigation may be conducted by the District official or a designee, such as the campus principal, or by a third party designated by the District, such as an attorney.
Concluding the Investigation
The investigator may prepare a written report of the investigation. Any report should be filed with the District official overseeing the investigation.
If the results of an investigation indicate that prohibited conduct occurred, the District shall respond by taking disciplinary or corrective action.
The District may take action based on the results of an investigation, even if the conduct did not rise to the level of prohibited or unlawful conduct.
Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.
A complainant who is dissatisfied with the outcome of the investigation may appeal through DGBA(LOCAL), beginning at the appropriate level.
The complainant may have a right to file a complaint with appropriate state or federal agencies.
Copies of reports alleging prohibited conduct, investigation reports, and related records shall be maintained by the District for a period of at least three years. [See CPC]
Access to Policy
This policy shall be distributed annually to District employees or made available on the District's website.