Harassment, Discrimination & Retaliation Prevention Policy
Who This Policy Applies To
CCA Employees
Policy Statement
Unlawful Discrimination or Retaliation
CCA is committed to providing a work environment free of harassment, discrimination, retaliation and disrespectful or other unprofessional conduct. In accordance with applicable law, CCA prohibits unlawful discrimination or retaliation against any employee by another employee or by the college for reporting, filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by the college or a federal or state enforcement agency.
Prohibition of Unlawful Harassment
In accordance with applicable law, CCA prohibits sexual harassment and other harassment based on sex (includes pregnancy, childbirth, breastfeeding, and related medical conditions), race (including hairstyle and hair texture), ancestry, citizenship, color, religion, religious creed, age (over 18 years), mental or physical disability, medical condition as defined by law, exercising the right to family care and medical leave, parental status, genetic information, political affiliation, national origin, marital status, military or veteran status, sexual orientation, gender, gender expression, gender identity, reproductive health decisions, or any other factor made unlawful by federal, state, or local law, including participation or non-participation in union activities. The college is committed to taking all reasonable steps to prevent harassment.
Sexual Harassment Defined and Prohibited
The law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when:
(1) submission to such conduct is made a term or condition of employment or education;
(2) submission to or rejection of such conduct is used as a basis for employment or education decisions affecting the individual; or
(3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
Federal law, referred to as “Title IX”, protects college students and other college community members from sex and gender based misconduct. All persons are required to refrain from harassment of students and to cooperate with all procedures of the college to protect students. Refer to the Title IX Sexual Misconduct Policy for more information and guidance.
This definition includes many forms of offensive behavior, including, but not limited to: unwanted sexual advances; offering employment in exchange for sexual favors; making or threatening reprisals after a negative response to sexual advances; visual conduct such as leering, making sexual gestures, or displaying pornographic objects, pictures, cartoons, or posters; verbal sexual advances or propositions; verbal abuse of a sexual nature; graphic verbal commentary about an individual’s body; sexually degrading words to describe an individual; suggestive or obscene letters, notes, or invitations; or physical conduct such as touching, assault, or impeding or blocking movements.
All persons should bear in mind that CCA is an art and design college and, as part of its curriculum and functions, nude models and artistic renderings of nude figures, in appropriate context, may be exhibited on campus. Additionally, because of the exploration of critical issues within the curriculum, there may be expressions of a sexual nature in some readings and in the content of classes. Faculty should be outlining this content in their syllabus so students can review and make informed choices.
Physical contact in the course of artistic work may take place only when minors are not involved and voluntary consent is clearly established, and is not a condition of continuing employment or education. Refer to the Policy Prohibiting Discrimination, Unlawful Harassment & Retaliation for more information and guidance.
Sexual harassment by any CCA employee is unlawful whether it involves co-workers, supervisors, managers, faculty, students, volunteers, or persons doing business with or for the college.
Procedures
Procedure to Assist in the Implementation of the Policy Against Unlawful Harassment & Retaliation
Procedures to eliminate harassment from the workplace are not only required by law but are also the most practical way to prevent incidents from occurring. The procedures are as follows:
1. All Employees are assigned sexual harassment training in compliance with California harassment training standards. This training must be completed within 30 days of hire or transition into a management position and is retaken every two years. These trainings provide employees with abusive conduct prevention training. They also include information and practical guidance regarding federal and state law concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment. The training also includes practical examples of harassment, discrimination, and retaliation, as well as information about preventing abusive conduct and harassment based on sexual orientation, gender identity, and gender expression, and the role that employees can play in the prevention of sexual harassment. For more information on this training requirement, employees can visit https://calcivilrights.ca.gov/shpt/
2. Employees who believe they have been harassed on the job should as soon as possible submit a verbal or (preferably) written complaint to the Office of Human Resources at hr@cca.edu or by calling 415.703.9550, option #3. The report should include details of the incident(s), the names of individuals involved, and the names of any witnesses.
3. Reports that involve students regarding harassment or any other student concern should be made by completing a CCA Cares form found here. For more information about the Student Sexual Misconduct Policy for the Protection of All CCA Students, please click here.
The college will not retaliate against an employee for using this reporting procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by the college or by a federal or state enforcement agency. Any report of retaliation by the one accused of harassment, or by coworkers, supervisors, or managers, will be assessed in accordance with the college’s procedure outlined above. If a report of retaliation is substantiated, appropriate action will be taken.
Any retaliation should be reported immediately to any college supervisor or the Office of Human Resources at: hr@cca.edu. Reports of retaliatory conduct will be immediately, objectively, and thoroughly investigated in accordance with the procedures outlined above.
In addition to the college’s internal reporting procedure, all employees should be aware that the federal Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) investigate and prosecute reports of unlawful discrimination and harassment in employment. Employees who believe that they have been discriminated against or harassed may file a report with the EEOC within 300 days of the conduct or with the CRD within one year of the conduct. You may contact the nearest office of the EEOC or CRD at:
Equal Employment Opportunity Commission
Oakland Federal Building, North Tower
1301 Clay Street, Suite, 680-N
Oakland, CA 94612-5217
800.699.4000
Equal Employment Opportunity Commission
450 Golden Gate Avenue
5 West, P.O Box 36025
San Francisco, CA 94102-366
800.669.4000
Civil Rights Department
Elk Grove District Office
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
916.478.7251
Civil Rights Department
Bay Area Regional Office
39141 Civic Center Drive, Suite 250
Fremont, CA 94538
510.789.1085
Definitions
Discrimination
Discrimination under this policy means treating differently or denying or granting a benefit to an individual because of the individual’s protected characteristic.
Harassment
Harassment is defined in this policy as unwelcome verbal, visual or physical conduct creating an intimidating, offensive, or hostile work environment that interferes with work performance. Harassment can be verbal (including slurs, jokes, insults, epithets, gestures, teasing and repeated such conduct often called bullying), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails) or physical conduct (including physically threatening another, blocking someone’s way, etc.) that denigrates or shows hostility or aversion towards an individual because of any protected characteristic. Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a professional and respectful manner.
Retaliation
Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: shunning and avoiding an individual who reports harassment, discrimination or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation, and denying employment benefits because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process described below.
Additional Information
Employee Protection (Whistleblower) Policy
CCA’s policy on employee conduct and performance requires employees to observe high standards of business and personal ethics in conducting their duties and responsibilities. As employees of the college, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. It is the intent of CCA to adhere to all laws and regulations that apply to the college, and the underlying purpose of this policy is to support the college’s goal of legal compliance. The support of all employees is necessary for achieving compliance with various laws and regulations. It is the responsibility of all CCA employees to comply with the conduct policy and to report violations or suspected violations in accordance with this whistleblower policy. If any CCA employee reasonably believes that some policy, practice, or activity of CCA is in violation of law, that employee must file a written complaint with the director of human resources.
An employee is protected from retaliation if the employee brings the alleged unlawful activity, policy, or practice to the attention of CCA and provides the college with a reasonable opportunity to investigate and correct it. The protection described below is only available to employees who comply with this requirement. CCA will not retaliate against an employee who, in good faith, has made a protest or raised a complaint against some practice of CCA, or against another individual or entity with whom CCA has a business relationship, on the basis of a reasonable belief that the practice is in violation of law or a clear mandate of public policy. CCA will not retaliate against employees who disclose or threaten to disclose to a supervisor or a public body any activity, policy, or practice of CCA that the employee reasonably believes is in violation of a law, rule, regulation mandated pursuant to law, or clear mandate or public policy concerning health, safety, welfare, or protection of the environment.