Prohibited Discrimination and Harassment 

The Policy 

It is the policy of the Los Angeles Community College District to provide an educational, employment and business environment free from Prohibited Discrimination. Employees, students or other persons acting on behalf of the District who engage in Prohibited Discrimination as defined in this policy or by state or federal law shall be subject to discipline, up to and including discharge, expulsion or termination of contract.

Academic Freedom

The Board of Trustees reaffirms its commitment to academic freedom, but recognizes that academic freedom does not allow Prohibited Discrimination. The discussion of ideas, taboos, behavior or language which is an intrinsic part of the course content shall in no event constitute Prohibited Discrimination, though such ideas may cause some students discomfort. It is recognized that academic freedom insures the faculty’s right to teach and the student’s right to learn.

Definition of Prohibited Discrimination 

Prohibited Discrimination is defined as discrimination or harassment iin violation of state or federal law on the basis of actual or perceived ethnic group identification, race, color, national origin, ancestry, religion, sex (including gender-based sexual harassment), pregnancy, marital status, cancer related medical condition of an employee, sexual orientation, age (40 and older), physical or mental disability, veteran status, or any subsequently-added class protected under Federal or State law.

Definition of Sexual Harassment

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, made by someone in the workplace or in the educational setting.

Retaliation

Retaliation means adverse personal, employment or academic decisions made against anyone who makes a complaint, refers a matter for investigation or complaint, participates in an investigation, represents or serves as an advocate for a complainant or alleged offender.

False Allegations

Anyone who files a complaint in which he/she knowingly makes false allegations of fact shall also have violated this policy and shall be subject to disciplinary action.

Confidentiality

All persons involved in investigation of complaints shall have a duty to maintain the confidentiality of the matters discussed, except as may be required or permitted by law, which include the rules and regulations of the District. A complete record of each complaint and investigation shall be kept by the Director of Diversity, Equity, and Inclusion. The Written Decision or any Settlement Agreement regarding the results of the investigation shall be placed in the personnel file of each employee involved as an alleged offender, or complainant.

General Provisions

All Supervisors shall be responsible for maintaining a work environment consistent with this policy. Any supervisor who becomes aware of a situation which could be reasonably perceived to be a violation of this policy must report it to the Office of Diversity, Equity, and Inclusion. All employees are responsible for maintaining an educational environment consistent with this policy. Any employee who becomes aware of a situation which could reasonably be perceived as a violation of this policy should refer it to the Office of Diversity, Equity, and Inclusion.

Investigation

A Compliance Officer shall promptly investigate all potential violations of this policy of which he or she becomes aware. A Compliance Officer shall receive the complaint, and notify the complainant, alleged offender, the College President or District administrator, and the Director of Diversity, Equity, and Inclusion, of a potential violation of this policy. During the process of the investigation, the alleged offender has the right to be represented. 

Informal Procedure

A Compliance Officer shall undertake efforts to informally resolve and investigate the charges. If a resolution is reached, a Compliance Officer shall draft a Settlement Agreement to be signed by  the complainant and the alleged offender. A Compliance Officer shall monitor the situation to insure that the resolution is properly implemented and maintain records.

Complaint Procedure

A written complaint must be filed on the prescribed Los Angeles Community College Complaint form. Complaints alleging discrimination in employment and/or Sexual Misconduct must be filed within 180 days of the date of the most recent alleged unlawful discrimination. All other complaints must be filed within one year of the date of the most recent alleged unlawful discrimination.

Compliance Officer’s Report

After becoming aware of a potential violation of this policy, a Compliance Officer shall complete the investigation and make a written report to the College President or Deputy Chancellor. The College President, or Deputy Chancellor, shall independently assess whether the “preponderance of the evidence” establishes a violation and shall determine what action is to be taken, if any. Prior to making the decision, the alleged offender and complainant shall have the opportunity to make an oral statement. A Written Decision shall be mailed or emailed to the complainant and the alleged offender.

Disciplinary Action

If appropriate, the College President, Deputy Chancellor, or the Chancellor shall initiate the applicable disciplinary process. Disciplinary action shall include, without limitation, verbal warning, probation, suspension, expulsion, letters of reprimand, Notices of Unsatisfactory Service, suspensions, demotions or dismissals.

Appeals

If the complainant or alleged offender is not satisfied with the Written Decision, he/she may appeal to the District’s Board of Trustees by submitting a written appeal to the Chancellor’s Office.

Additional Remedies

The complainant may pursue independently civil law remedies, including but not limited to injunctions, restraining orders, or other orders. An individual who believes that he/she is the victim of Prohibited Discrimination may also file a complaint with the Department of Fair Employment & Housing at (800) 884-1684, the Equal Employment Opportunity Commission at (213) 894-1000, for employment based complaints; and the Department of Education, Office for Civil Rights at (415) 556-4275, for non-employment complaints whether or not the complainant chooses to utilize the District’s internal procedure. Complaints may also be filed with the State Chancellor’s Office.