Discrimination
The Los
Angeles Community College District, in
accordance with applicable Federal and State laws and District policy,
prohibits discrimination against any student, employee - faculty or
staff, and applicant based on sex, sexual orientation, race, color,
pregnancy, ancestry, national origin, religion, creed, marital status,
disability, medical condition (cancer related), age (40 & above) and
or veteran status
8 most frequently asked
questions about Discrimination
1. Are discrimination and
harassment the same thing?
No. Discrimination means treating a
person unfairly or differently because of their background.
Harassment, though a part of discrimination, involves unlawful behavior.
In general, harassment is any form of
behavior that is not wanted, not asked for and unwelcome, by a male or
female. It is physical, verbal, visual behavior that creates a hostile
or intimidating learning or work environment.
2. Who can file a
discrimination complaint?
Complaints may be filed by employees (faculty and classified), applicants or students who allege discrimination based upon sex,
sexual orientation, race, color, pregnancy, ancestry, national origin,
religion, creed, marital status, disability, medical condition (cancer
related), age (40 & above) and or veteran status.
LACC is responsible for the
behavior of all employees and students whether full time or part time;
and for the behavior of anyone associated with the college including
consultants, contract workers, apprentices, volunteers, and visitors
to the college.
3. Is it discrimination to
teach about controversial subjects?
No, at LACC we are committed to
academic freedom, but recognize that academic freedom precludes
discriminatory conduct from anyone. The discussion of diverse ideas,
which is an integral part of course content is not discrimination. An
essential part of education is to encourage opinion and explore ideas,
which may cause some students discomfort. Faculty have the right to
teach, students the right to learn.
4. Can a LACC
employee or student be liable personally if they harass or
discriminate against another college employee or student outside the
college?
Yes, if it can be proved that the
incident was work related in some way then an individual or group can
be held accountable and maybe found guilty of unlawful discrimination.
5. What is the discipline if
a LACC employee or student was found to have discriminated against
another individual or group?
Disciplinary action against employees shall include without
limitation, verbal
warnings, letters of reprimand, Notices of Unsatisfactory Service, suspension,
demotion or dismissals.
Disciplinary
action against students shall include without limitations, verbal warnings, probation, suspension or expulsion.
6. Can a complaint be made to
an outside organization?
Yes, you can file a discrimination
complaint at any time within the limits of the law with the Department
of Fair Employment and Housing, the Equal Employment Opportunity
Commission or the Office for Civil Rights, US, Department of
Education. However, organizations like the EEOC or State agencies
will also take into account whether the college has taken reasonable
steps to investigate the complaint and introduce preventative
measures.
7. What is the time frame for
filing a discrimination complaint?
The policy at LACCD is 12 months from the date of the incident.
The time frame for:
Department of Fair Employment and
Housing is 12 months from the time of the incident.
The Equal Employment Opportunity
Commission is 180 days from the time of the incident.
The Office for Civil Rights, US
Department of Education, is 180 days from the time of the incident.
8. What is the most frequent
type of discrimination people complain about?
For the past few years the most
frequent type discrimination complaint has been race discrimination.
The next most frequent type of complaint is sex discrimination. Most
sex discrimination complaints are for sexual harassment. Age
discrimination covers about one fifth of all complaints. Disability
discrimination covers about 10% of all complaints and physical
disability complaints out-number mental disability complaints by 3
to 1. One of the fastest growing areas for complaints is
discrimination based on retaliation.
Sexual Harassment
LACC, in
accordance with applicable Federal and State laws and District policy,
prohibits sexual harassment against any faculty, staff, or student.
Sexual
harassment is one form of discrimination and it is generally defined
as:
·
unwelcome sexual
advances and/or
·
requests for sexual
favors by a male or female and/or
·
other physical, verbal,
or visual conduct of a sexual nature |
To be legally defined as sexual
harassment behavior should meet one or both of the following
requirements:
1. Quid pro quo harassment
This
is when submission to someone’s conduct is explicitly or implicitly
made a term of your employment, academic status or progress. For
example when a lecturer or staff member causes you to believe that you
must submit to unwelcome sexual conduct or risk a negative academic or
work evaluation outcome.
2. Hostile environment
harassment
This is when an individual or group’s
conduct has a negative impact on you, thus creating a hostile or
intimidating work and/or academic environment. For example, if a work
colleague continually tells sexual jokes, and/or makes obscene
gestures that make you feel uncomfortable, this can be called a
“hostile environment.”
8 most frequently asked questions about Sexual
Harassment
1. Who can
be a victim of sexual harassment?
The
victim may be a woman or a man. Statistics show that most victims of
sexual harassment are women. The harasser does not have to be of the
opposite sex of the victim, but statistics show most harassers are
men. The victim does not have to be the person directly harassed but
could be anyone affected by the offensive conduct.
2. Is it
sexual harassment if it only happens once?
It
depends on the particular case, but generally no. However, in “quid
pro quo” cases, a single sexual advance may constitute sexual
harassment if it is linked to the granting or denial of employment or
educational advancement. In contrast, a single incident of offensive
sexual conduct or remarks generally does not create a “hostile
environment.” A hostile environment claim usually requires a showing
of a pattern of offensive conduct. However, a single incident that is
severe could create a hostile environment.
3. What are the
responsibilities of supervisors at LACC?
All supervisors shall be responsible
for maintaining a work environment that is free from sexual
harassment. Any supervisor who becomes aware of a situation that
could reasonably be perceived as sexual harassment has a duty to
report that information to the Compliance Officer.
4. What are the rights of
employees and students at LACC?
Every employee (faculty and
classified) and student has the right to work and learn in an
environment free from sexual harassment. All employees and students
have a responsibility to ensure their behavior is not unlawful.
Anyone who becomes aware of a situation that could be reasonably
perceived as sexual harassment has a duty to refer that matter to the
Compliance Officer.
5. What if someone files a
false complaint?
Anyone who files a pre-complaint
questionnaire or complaint which he or she knows is a false allegation
of fact shall have violated the LACCD Sexual Harassment Policy.
That person shall be subject to applicable or appropriate discipline.
6. If no one complains about
harassment does it mean that behavior is
OK?
No! Acquiescence in sexual
harassment conduct or failure to complain does not
always mean that the conduct was welcome. The fact that the behavior was
accepted does not mean that it was welcome.
7. Is it sexual harassment
to ask someone out?
It is perfectly all right to ask someone out on a date, for lunch, or the movies, if the person you
ask says yes. If he or she says no then they mean no, so do not
persist. You should also be aware how this behavior may be perceived
by others.
However, it is not advisable for
faculty to date their students while they are students in their
classes.
8. Are nice people
ever sexual
harassers?
Harassers are not perverts
and generally do not fit any particular mold. They can come in all
forms including well-liked, talented, respected staff and faculty,
as well as active students.
What
you can do about Discrimination and Sexual Harassment
At LACC you
have a right:
|
·
To work
and study in an atmosphere free of harassment and discrimination
·
To be
judged by the same criteria as all others, not by standards that are
less demanding, or more rigorous, or different in any way.
·
To
complain, free of retaliation. |
There are six simple rules you
can follow to ensure your behavior is not unlawful:
1. If you are unsure if
certain comments or behavior are offensive do not say it, do not do
it. Respect the people around you. Be aware of their feelings.
2. Do not repeat behavior if
you have been told that it is not wanted. If you are in doubt, stop
the behavior anyway.
3. Do not interpret someone’s
silence or lack of response as consent. Look for other nonverbal
signals, such as avoidance of eye contact, unwillingness to talk with
you, or folded arms when she/he is around you.
4. Ask if something you do or
say is being perceived as offensive, pervasive, or unwelcome. If the
answer is yes, stop the behavior.
5. Do not retaliate if someone
asks you to stop because your behavior is of a sexual nature.
Retaliation is against the law and is considered an additional or
separate offense.
6. Take the time to read your
sexual harassment policy.
Do not ignore discrimination or sexual
harassment.
Discrimination or sexual harassment will not go away by ignoring it.
Whether it comes from a person in authority or a peer, it is not
acceptable. LACC regards any behavior which is discriminating as a
violation of the standards of conduct required for everyone associated
within the LACCD, whether faculty,
staff or students.
If you believe you have been discriminated against or sexually
harassed you need to do something about it.
|
· Do not put up with any form of discrimination. Write a letter, email
or speak the person and discuss your concerns, if you feel that you
can do this.
·
Keep a written record of what has happened to you. Remember to include
the name of the person who you believed discriminated against you,
what happened, the type of discrimination you believe occurred, where
it happened, why it happened and when it happened. If there were any
witnesses record their names.
·
Save any written material, including pictures, notes and emails, which
is part of the discrimination. You may be tempted to get rid of it
immediately, especially if it is offensive. However, your feelings may
change over time about whether or not you want to file a complaint,
and that physical evidence will be very helpful in holding someone
accountable.
·
If you see something happening that concerns you, speak to someone you
trust. It can be your friend, instructor, or counselor, or go to your
faculty chair, Student Services, sheriff’s office, or Compliance
Officer.
·
Be informed. know your rights and responsibilities and read the
LACCD’s Sexual Harassment Policy and Discrimination Policy. |
Sexual Assault
The Los Angeles Community College District Board of Trustees
condemns any act of sexual assault committed on any of its facilities.
In the event of sexual assault committed on grounds or in facilities
maintained and/or used by the District, any victim of sexual assault
who is one of the District students, faculty, staff, or visitors shall
promptly receive appropriate treatment and full and accurate
information. Individuals who commit sexual assault while on properties
within the control of the District shall be subject to appropriate
criminal prosecution and/or District disciplinary procedures.
Definitions
|
·
Sexual violence includes both sexual assault and rape.
·
Sexual assault includes but is not limited to rape, forced
sodomy, forced copulation, rape by foreign object, sexual
battery, or threat of sexual assault. These include situations
where the accused sexually assaults a person incapable of giving
consent, including where the person is prevented from resisting
due to alcohol or drugs and this condition was known, or
reasonably should have been known by the accused. Intoxication
of the assailant shall not diminish the assailant’s
responsibility for sexual assault.
·
Rape is (a) sexual intercourse against a person’s will
accomplished by force or threats of bodily injury; (b) sexual
intercourse against a person’s will where the person has
reasonable fear that she or he or another will be injured if she
or he does not submit to the intercourse; (c) sexual intercourse
where the person is incapable of resisting because she or he at
the time is unconscious or asleep and this is known to the
accused. See California Penal Code sections 261-266.
·
Domestic violence is the willful infliction of corporal injury
resulting in a traumatic condition against a spouse, former
spouse, cohabitant, former cohabitant, or mother or father of
one’s child. See California Penal Code section 273.5.
·
Stalking is the willful, malicious, and repeated following or
harassing of another person and the making of a credible threat
with the intent to place that person in reasonable fear for
his/her safety or the safety of his/her immediate family. See
California Penal Code section 646.9. |
Facts and myths regarding sexual violence
|
· Women
on American college campuses who are from 18 to 24 years of age
are at greater risk of becoming victims of sexual assault,
domestic violence, and stalking than women in the general
population or women in a comparable age group. Research over
the past 20 years has consistently estimated the rate of sexual
assault among women who are in the age group traditionally
considered to be college-aged as one in four.
·
Studies have consistently shown that sexual activity primarily
affects women and youth, and that most perpetrators are friends,
acquaintances, or someone else who is known by the victim.
·
In
1994, the Ms. Report on Recognizing, Fighting and Surviving Date
and Acquaintance Rape demonstrated that one in four college
women had been the victim of a completed or attempted rape, and
that, in 84 percent of the attacks, the victim knew the
perpetrator.
·
The
National Violence Against Women Survey of 1998 demonstrated that
83 percent of rape victims were less than 25 years old when they
were assaulted.
· In
2000, the Sexual Victimization of College Women survey estimated
that a college with 10,000 students could expect more than 350
rapes per year to occur on that campus.
·
Additionally, half of all stalking victims are between the ages
of 18 and 29, and women between the ages of 16 and 24 experience
the highest rate of domestic violence victimization.
·
While
sexual assault primarily affects young women, they are not the
only targets. Men, individuals with disabilities, members of
cultural and religious minority groups, and lesbian/gay/transgendered
individuals also experience sexual assault. |
Sexual Assault
Response Team (SART)
LACC has established the Sexual Assault Response Team (SART)
with representatives across the campus who have been identified and
trained as people you can contact if you have been sexually assaulted.
The Sexual Assault Response Team members are:
·
Shalamon Duke, Dean Special Services, Equity (Acting) - Chair
·
Myra Siegel, VP, Student Services
·
Richard Arvizu, Associate VP - Administrative Services
·
Marsha Becker, Nursing
·
Deputy Richard Pfieffer, LASD
·
Mary Rueda, Counselor
·
Roxanna Dovlatyan, Counselor |
Confidentiality is fundamental to all
aspects of cases dealing with sexual assault. The names of sexual
assault victims shall not be revealed by persons responsible for
implementing and enforcing the provisions of this Chapter, except with
the consent of the victim.
How to file a complaint with the college and local law
enforcement officials
If you have been sexually assaulted, raped or are being
stalked go to the Campus Sheriff’s department or call them on (323)
662 5276 from any campus pay phone or dial #3 for assistance. Or you
can contact a first responder on 323-595-0188 who will advise and
assist you. You will be provided with information and resources on
obtaining peer support, counseling, trauma services, and how to
proceed with criminal and civil charges.
The Los Angeles Community College District policy regarding
sexual assault is found in Chapter XVI of the LACCD Board Rules
(“Sexual Assault”), available at
http://www.laccd.edu/board_rules/.
Campus, criminal,
and civil consequences of committing acts of sexual violence
|
·
Campus consequences of committing acts of sexual violence
include the imposition of discipline, such as expulsion or
suspension for students and termination for employees.
· Criminal
consequences include imprisonment in state prison. The specific
prison terms for sex crimes will depend on the factual
circumstances involved. Persons convicted of sex crimes will be
required to register as sex offenders, and will also be entered
into an online database. The database of registered sex
offenders is publicly available at the websites for the
California Attorney General and the United States Department of
Justice National Sex Offender Public Registry.
·
California
Attorney General website:
http://www.ag.ca.gov/
· U.S.
Department of Justice National Sex Offender Public Registry
website:
http://www.nsopr.gov/
·
Civil
consequences of committing acts of sexual violence include
possible civil actions being filed against the offender, making
the offender subject to restraining orders and/or potentially
liable for compensatory and punitive damages to the victim.
|
If you need
information and support the following contacts can assist you
Center for the Pacific Asian
Family, Inc. | 323-653-4045
543 N. Fairfax Ave., Suite 108
Los Angeles, CA 90036
tel: 323-653-4045, fax: 323-653-7913
East Los Angeles Women's Center | 323-526-5819
1255 S. Atlantic Blvd.
Los Angeles, CA 90022
tel: 323-526-5819, fax: 323-526-5822
Los Angeles Commission on Assaults Against Women | 213-955-9090
605 West Olympic Blvd., Suite 400
Los Angeles, CA 90015
tel: 213-955-9090, 213 626 3393, 310 392 8381, 626 793 3385
fax: 213-955-9093
Rape Treatment Center, UCLA Medical Center | 310-319-4503
1250 Sixteenth Street
Santa Monica, CA 90404
tel: 310-319-4503, fax: 310-319-4809
Rosa Parks Sexual Assault Crisis Center | 323-290-4119
4182 S. Western Avenue
Los Angeles, CA 90062
tel: 323-290-4119, fax: 323-296-4742
YWCA of Greater LA Sexual Assault
Crisis Program | 310-763-9995
1600 E. Compton Blvd.
Compton, CA 90221
tel: 310-763-9995, fax: 310-763-9590 |
You can get additional information from:
Equal Employment Opportunity
The goal of Los Angeles City College is to ensure equal opportunity to
all qualified employees and applicants for employment without regard
to race, color, national origin, ancestry, religion, creed, sex, age,
disability, marital status, or sexual orientation.
Positive action will be taken to ensure that this non-discrimination
policy is followed in all personnel practices, including recruitment,
hiring, placement, upgrading, transfer, demotion, and pay practices.
When we are hiring or promoting in those categories in which women,
minorities, persons with disabilities, or veterans are underutilized,
we will broaden our outreach efforts to all groups in the community so
that all members have equal employment opportunities and will continue
to seek out qualified applicants without regard to their status.
At LACC, all terms and conditions of employment are and will
continue to be, on the basis of the individuals’ qualifications and
ability to perform the job.
Disability Accommodations and Services
The
Office of Special Services is the
program on campus responsible for providing services to students with
disabilities. This program has been serving students for over 20
years. Each semester over 1800 students (14% of all students on
campus) with physical, learning, and psychological disabilities
receive a wide range of support services, including priority
registration, special parking and counseling. These services are also
available to students with a temporary disability such as injury or
post-operative recuperation. All services and equipment are provided
to any qualifying student with a disability.
The following services are offered:
·
Sign-Language Interpreting
·
Note-taking
·
Tutoring
·
Priority Registration
·
Specialized Counseling
·
Assistive/Adaptive Technology |
The Office of Special Services is located in Clausen Hall 109. The
office is open Monday-Thursday 8:00 am to 5:00 pm and Friday 8:00 am
to 2:30 pm.
Employee Assistance Program
The
Employee Assistance Program (EAP)
(link opens new browser window) is a
District program that provides employees and their covered family
members confidential personal assistance for a wide range of concerns.
Help is available for personal relationships, legal and financial
concerns, alcoholism and other drug problems, depression, job stress,
coping with grief and loss, parenting concerns, physical abuse,
compulsive gambling, or other personal concerns.
EAP services may be accessed on the Internet at
www.horizoncarelink.com
(link opens new browser window) or by calling (800)
342-8111 at any time.
Who you can contact
if you are discriminated against or
sexually harassed:
You can contact the LACC Compliance Office at (323) 953-4000 ext 2492.
You will get advice on:
|
·
Information regarding sexual harassment and/or discrimination.
·
What you can do if you believe that you are being sexually harassed or
discriminated against and need assistance.
·
What you can do if you want to file either a sexual harassment or a
discrimination complaint. |
You can also access a number of official
Los Angeles Community College District documents on this site such as:
Training and Resources
Workshops
The following workshops will be offered:
·
Understanding and preventing sexual harassment
·
What is discrimination?
·
EEO and Diversity at LACC |
Videos
There is also a
selection of videos available:
·
Excellence through Diversity Workshop
·
Recruiting, Selecting and Hiring |
If you are interested
in these workshops or videos please contact the Compliance Office at (323)
953-4000 ext 2492.
Other Resources
Complainants or alleged victims are entitled to pursue independently
civil law remedies. An individual who believes he or she is the victim
of discrimination or harassment may contact the United States
Department of Education Office of Civil Liberties, the American Civil
Liberties Union, or file a private lawsuit.
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