Page 35 - Catalog 2019-2020 Flipbook
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Decisions regarding discipline of employees will be made in accordance with applicable legal and contractual provisions and procedures.
When a victim of rape or any other sexual assault chooses to go to contact a counselor or the offices of Psychological Services or Health Services, the strictest confidentiality will be maintained. If the victim decides to report the incident to the appropriate law enforcement agency, the college will make every effort to ensure that it will be handled in the most private and confidential manner as possible.
SEXUAL HARASSMENT*
Members of a college community – students, faculty, staff and visitors – must be able to study and work in an atmosphere of mutual respect and trust. It is the policy of the Foothill- De Anza Community College District to provide an educational, employment and business environment free of unwelcome sexual advances, requests for sexual favors, and other conduct or communications constituting sexual harassment as defined or prohibited by federal and state law.
Sexual harassment may include, but is not limited to
■ Conduct of a sexual nature that
is explicitly or implicitly made a term or condition of an individual’s employment or education
■ A decision based on the submission to or rejection of a sexual advance
■ Verbal or physical conduct of a sexual nature that interferes with an individual’s performance or creates an intimidating work or educational environment
Immediate action shall be taken against anyone determined to be in violation of this policy. Anyone who believes they have been a victim of sexual harassment may file a complaint within one year of the date on which they knew or should have known of the facts of the sexual harassment incident.
Complaints of sexual harassment shall be handled according to the district’s policies and procedures, including Administrative Procedure 4640: Procedures to Resolve
Complaints Regarding Harassment and Discrimination. Such complaints can be directed to the dean of Student Development and EOPS at 408.864.8218 or the Title IX coordinator at 408.864.8945.
STUDENT GRIEVANCE PROCEDURES
De Anza College strives to treat all students fairly, but as in any complex organization, conflicts and misunderstandings may arise from time to time. As a student, you have certain rights under the rules and regulations of the college, the Foothill- De Anza Community College District and the state of California.
If you feel that your rights have been violated by the college, you have the right to seek a resolution. The district board of trustees established Administrative Procedure 5530: Student Grievances to provide an avenue for relief. De Anza’s student grievance procedures are summarized in the following steps.
Step 1: First try to solve the problem informally with the instructor or staff member. You must confer with the others involved and try to resolve the problem. Step 2: If you are unable to resolve the issue after Step 1, you must meet with the manager of the other person involved in the dispute – either the division dean for a faculty member or the supervisor for a college administrator or classified professional staff member. Step 3: If the situation is still unresolved, you must confer with the vice president who oversees the division dean or supervisor, or with the vice president’s designee.
Step 4: If you still aren't satisfied, you may consult with the dean of Student Development or designate, and if they advise that your complaint is appropriate for the grievance process, you may file a formal grievance form. You will need to provide the specific rule or law that you feel was violated, as well as the details of the situation and copies of any pertinent documents. Don’t delay: You must file no more than 30 days after learning of the event or the latest of a series of events that
form the basis of the grievance. In addition, you must file within a year after the alleged violation occurred, regardless of when you learned of it. You may only file a grievance if you are a current student or if you were a student no more than 30 days before filing. Step 5: Pick up a Student Grievance form from the Office of Student Development, the Office of College Life or the vice president of Student Services. You can receive assistance with completing the form from any faculty or staff member.
Step 6: File your completed Student Grievance form with the Office of Student Development in Campus Center Room 165. Please do not return the completed Grievance form to any other office. You will receive acknowledgement that your grievance was received, usually within two weeks.
Step 7: The Grievance Review Board will review your grievance and decide if it meets the standards for filing and for further consideration. The Office of Student Development will contact you if the board agrees to schedule a hearing.
Step 8: The nature of the hearing will differ according to the circumstances and the discretion of the grievance officer. You and the others involved can be accompanied by, or represented by, any other individual who is not an attorney. You may purchase a copy of the official record of the hearing.
Step 9: The Grievance Review Board will try to decide – within 14 days after the hearing – the outcome of your grievance and whether you are entitled to any relief. The board will forward its recommendation to the dean of Student Development, who will forward it to the college president.
Step 10: The president or the president’s designee will have the final decision regarding the outcome of your grievance. If any violation is determined to be the result of a district rule, or some other factor outside the college’s control, the president or the president’s designee will recommend appropriate action to the district chancellor or trustees. The president’s office will notify you in writing of the outcome.
   * Foothill-De Anza’s Administrative Procedures: Investigation and Resolution of Complaints Regarding Harassment and Discrimination, Procedures to Resolve Student Complaints of Sexual Harassment and Discrimination, and the district’s Unlawful Discrimination Complaint forms are available in the president’s office, the office of the vice president for Student Services, the district human resources office, and the district chancellor’s office. Detailed information regarding the sexual harassment, mutual respect, and ADA policies are located at the following campus locations: the president's office, the office of the vice president for Student Services and the office of the dean of Student Development in Student Services.
2O19-2O2O DE ANZA COLLEGE CATALOG
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