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Palomar
College Fire Academy I
Fire Fighter 1 Academy Course Policies
SEXUAL HARRASMENT POLICY
I. POLICY
It is the policy
of the Palomar College Community College District, in keeping with efforts
to establish and maintain an environment in which the dignity and worth
of all members of the college community are respected, that sexual harassment
of students and employees is unacceptable conduct and will not be tolerated.
Palomar College expressly prohibits such harassment of its students,
employees, and those who seek to join the campus community in any capacity.
Employees and students who violate this policy may be subject to disciplinary
action up to or including termination or expulsion.
II. DEFINITION
Sexual harassment
of employees and students at Palomar College is defined as any unwelcome
sexual advances, requests for sexual favors, or other visual, written,
verbal or physical conduct of a sexual nature:
| A. |
Submission
to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment or academic status. |
| B. |
Submission
to or rejection of such conduct is used as the basis of employment
or academic decisions affecting the individual. |
| C. |
The
conduct has the purpose or effect of having a negative impact upon
> the individual's work or academic performance, or of creating
an intimidating, hostile, or offensive work or educational environment. |
| D. |
Submission
to or rejection of such conduct by the individual is used as the
basis for any decision affecting the individual regarding benefits
and services, honors, programs, or activities available at or through
Palomar College. |
Examples of Harassing Behavior Include:
| A. |
VERBAL
HARASSMENT: |
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Making
or using derogatory comments, epithets, slurs, and jokes of a sexual
nature; inappropriate sex oriented comments on appearance, including
dress or physical features; comments about a person's sexuality
or sexual experience. This also includes written harassment such
as suggestive or obscene letters, notes or invitations. |
| B. |
VISUAL
HARASSMENT: |
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Leering,
making sexual gestures, inappropriately displaying sexually suggestive
objects, posters, cartoons, or pictures. |
| C. |
PHYSICAL
HARASSMENT: |
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Touching,
pinching, grabbing, patting, poking, or brushing against another
person's body; kissing, hugging; impeding or blocking movement;
assault. |
| D. |
SEXUAL
FAVORS: |
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Offering
employment or academic benefits in exchange for sexual favors; making
or threatening reprisals after a negative responses to sexual advances. |
III. RESPONSIBILITY
| A. |
Under
the equal employment opportunity commission guidelines, the District
is responsible for acts of sexual harassment when it knows or should
have known of the conduct. All District employees and students therefore,
have the responsibility keep the college administration informed,
through the most confidential and direct means possible, of all
alleged acts and/or complaints of sexual harassment. This includes
reporting any conduct on the part non-employees or students such
as sales representatives or service vendors, who sexually harass
any employee or student of the District. |
| B. |
It
is the responsibility of senior and executive administrators, department
chairs, directors, managers, and supervisors to insure a working
and learning environment free of sexual harassment and intimidation. |
| C. |
The
Associate Vice President of Human Resources and Affirmative Action
is responsible for administering this policy. All questions, concerns
and complaints regarding sexual harassment should be addressed to
the Associate Vice President of Human Resources and Affirmative
Action (or the Coordinator of sex equity). |
| D. |
No
employee or student shall take any action to discourage a victim
of harassment from reporting such an instance. |
IV. DISSEMINATION OF POLICY
| A. |
This
policy shall be disseminated as follows:
Sexual Harassment information is provided to employees an students
each year through orientation and registration. This policy is included
in employee and student handbooks and will be posted as required
by law. |
V. COMPLAINT PROCEDURE
| A. |
Any
allegation of sexual harassment will be investigated immediately
and thoroughly. |
| B. |
Upon
notice of conduct which allegedly constitutes sexual harassment
under the definition set forth herein the Associate Vice President
of Human Resources and Affirmative Action shall take immediate and
appropriate corrective action in accordance with the affirmative
action complaint procedures. Due to the sensitive nature of an allegation
of sexual harassment every effort will be made at this stage to
resolve the situation ion an informal basis and to protect the anonymity
of the employees and/or students involved. |
| C. |
If,
after the appropriates steps are undertaken to resolve the complaint,
the sexual harassment persist or either party is dissatisfied with
the informal resolution, the affected employee or student may file
a formal complaint in accordance with the District's affirmative
action complaint procedure. The complaint will be conducted with
a view toward obtaining a fair resolution while protecting the confidentiality
and privacy rights of all individuals involved. |
| D. |
Any
employee or student who is found to have engaged in the sexual harassment
of another employee or student will be subject to disciplinary action,
which may include but not limited to written reprimand/warning,
demotion, transfer, required professional counseling, suspension,
dismissal from school, and/or termination of employment. |
| E. |
In
defining the conduct which constitutes sexual harassment, federal
and state guidelines address unwelcome conduct and clearly distinguish
sexual harassment from actions or incidents which are purely personal,
social relationships without discriminating employment or academic
effects. In determining whether conduct constitutes sexual harassment,
the District will examine the record as a whole. The determination
of the legality of a particular action will be made from the facts,
on a case-by-case basis.
Implicit in the idea of professionalism is the recognition by those
in positions of authority that in their relationships with students
and employees there is always an element of power. It is incumbent
on those with authority not to abuse nor to seem to abuse the power
with which they are entrusted. Consenting romantic and sexual relationships
between faculty and student or between supervisor and employee,
while not expressly forbidden, are generally deemed unwise. |
| F. |
Any
employee or student who feels that he/she is being subjected to
conduct which allegedly constitutes sexual harassment should keep
a detailed documentary record of the offending conduct (e.g. date(s)
of incident(s), what was said or done, names of witnesses to the
incident(s), etc.). |
| G. |
Bad
faith allegations or use of this policy for purposes unrelated to
its clear intent are expressly prohibited. |
VI. Training
The District will
provide appropriate training on sexual harassment to sensitize employees
and students to conduct which may be construed as sexual harassment.
The training will be provided to all employees and students, with supervisory
personnel and faculty being especially encouraged to attend.
NOTE: If a student from the Fire Fighter 1 Academy is not comfortable
in discussing a harassment issue with the Academy Staff or the Fire
Technology Coordinator, they may contact the Palomar College Director
of Human Resources.
Teresa Doyle
Director of Human Resources and Affirmative Action
(760) 744-1150 Extension 2200
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Email: 
Phone: 760.744.1150 x1703