Administrative Regulation
AR4119.11
Certificated Personnel
Unlawful Harassment and
Discrimination
Complaint Procedure
An employee or student may
have a claim of harassment and/or discrimination even if he or she has not lost
a job, some economic benefit or academic benefit in the case of students. The
law prohibits any form of protected basis harassment that impairs an employee’s
or student’s working ability or emotional well-being at work or school.
Employees or students who think they are being harassed or discriminated
against in the workplace or on campus because of their gender, race, national
origin and/or other protected basis, should use the procedure outlined in this
policy to file a complaint or have it investigated.
Employees and students have
the right of redress for unlawful harassment or discrimination. In order to
secure this right, employees or individuals must submit a complaint, preferably
but not necessarily in writing, to their own or any other supervisor or the
Assistant Superintendent of Human Resources or the Superintendent. In the case
of students, oral or written complaints should be submitted to a school
administrator such as a principal or vice principal. Complaints should be
submitted as soon as possible, but at least within one (1) month of the date
the alleged incident occurred or within one (1) month of the date the employee
or student first obtained knowledge regarding the alleged incident. The
complaint should include the details of the incident or incidents, the names of
the individuals involved and the names of any witnesses. Supervisors will refer
all such employment-related complaints to:
Assistant
Superintendent - Human Resources
760
Hillsdale Avenue, Bldg. 400
San
Jose, CA 95136
Or
Director
of Human Resources
760
Hillsdale Avenue, Bldg. 6
Supervisors will refer all
student-related complaints to the appropriate Director (CCOC or MAEP).
The District will immediately
undertake an effective, thorough and objective investigation of the
allegations. This investigation will be conducted in a manner that protects the
confidentiality of the parties and facts to the extent possible. During the
investigation, the complainant will have the opportunity to present evidence to
substantiate any or all allegations. This investigation will be completed and a
determination regarding the harassment alleged will be made and communicated to
the individual(s) who complained and the accused harasser(s) within 45 days.
If the District determines
that unlawful harassment or discrimination has occurred, it will take effective
remedial action commensurate with the severity of the offense. Appropriate
action will also be taken to deter any future harassment or discrimination. If
a complaint of sexual harassment is substantiated, appropriate disciplinary
action, up to and including discharge, or in the case of students, expulsion
will be taken. Whatever action is taken will be made known to the employee or
student (the complainant), and the District will take appropriate action to
remedy any loss to the victim resulting from harassment or discrimination. An
employee who engages in harassment or discrimination, including any manager who
knew about the harassment and took no action to stop it, may be held personally
liable for monetary damages.
The law also protects an
employee or student from retaliation. The District will not retaliate against
an individual for filing a complaint and will not knowingly permit retaliation
by management, employees, co-workers or students. Any report of retaliation by
the one accused of harassment or discrimination, or by co-workers, supervisors,
managers, or students will also be immediately, effectively and thoroughly
investigated in accordance with the District’s complaint procedure outlined
above. If a complaint of retaliation is substantiated, appropriate disciplinary
action, up to and including discharge, or expulsion will be taken.
If the complainant is not
satisfied with the disposition of the complaint, he or she may, within 10
business days of receipt of the decision, submit the complaint to the
Superintendent and the Governing Board. A final decision by the Superintendent
and the Governing Board will be rendered at the next regularly scheduled Board
meeting that occurs no less than 30 days from receipt of the appeal.
The Governing Board
encourages all employees and students to report any incidents of harassment
forbidden by this policy immediately so that complaints can be quickly and
fairly resolved.
Additional Enforcement Information
Employees should be aware
that the federal Equal Employment Opportunity Commission and the California
Department of Fair Employment and Housing investigate and prosecute complaints
of prohibited harassment in employment. If an employee thinks that he or she
has been harassed or that he or she has been retaliated against for resisting
or complaining about harassment, the employee may file a complaint with the Commission
or the Department. The local offices are located at:
Equal
Employment Opportunity Commission
96
North Third Street, Suite 200
San
Jose, CA 95112 408 291-7352
Department
of Fair Employment and Housing
111
North Market Street, #810
San
Jose, CA 95113-1102 408 277-1264
With complaints brought to
the Department of Fair Employment and Housing, the Department will investigate
the employee’s complaint, and if the complaint has merit, the Department will
attempt to resolve it. If no resolution is possible, the Department may
prosecute the case with its own attorney before the Fair Employment and Housing
Commission. The Commission will order the harassment stopped and can require
the District to pay monetary damages and reinstate the employee or give other
appropriate relief.
Students should be aware
that the United States Office for Civil Rights investigates complaints of
harassment and discrimination on the basis of sex, race, ethnicity, national
origin, disability or other protected basis in educational programs that
receive federal financial assistance. If any student thinks he or she has been
discriminated against on any of these bases, or has been harassed or retaliated
against for resisting or complaining about harassment, the student may file a
complaint with the Office. Information on beginning this complaint process may
be obtained from the Assistant Superintendent, Human Resources, or by
contacting the Office for Civil Rights at:
Office
for Civil Rights
U.S.
Department of Education
50
United Nations Plaza, Room 239
San
Francisco, CA 94102 415 556-7000
Complaints of unlawful
discrimination may also be filed directly with the Office of the California
Superintendent of Public Instruction. Information on this process may be
obtained from Assistant Superintendent, Human Resources, or by calling the
California Superintendent of Public Instruction’s Office directly at 916
657-5485.
Adopted:
Revised:
Related Policies & Exhibits:
BP
4119.11 Unlawful Harassment and
Discrimination