How to File a Complaint
This page contains information on the following
- District policies
- What is sexual harassment?
- How do I file a complaint?
- Informal complaint procedure
- District complaint procedure
- Timeline
District policies
Here are links to some important policies of the Foothill-De Anza Community College District
- Board Policy 4640 – Harassment and Discrimination
- Administrative Procedure 4640 – Complaints Regarding Harassment and Discrimination
- Board Policy 5500 – Student Rights and Responsibilities
- Administrative Procedure 5520 – Student Due Process and Discipline
What is sexual harassment?
In general, sexual harassment means any unwelcome sexual advances, requests for sexual favors, and unwelcome verbal or physical conduct of a sexual nature. Sexual harassment can be verbal, physical, written or environmental.
Federal and state laws prohibit two generally recognized forms of sexual harassment: quid pro quo and hostile environment.
“Quid pro quo” harassment occurs when submission to, or rejection of, the conduct by the individual is used as the basis of an employment or academic decision affecting the individual.
“Hostile environment” sexual harassment entails unwelcome sexual conduct that unreasonably interferes with work or academic performance or creates an intimidating, hostile, or offensive environment. Generally, for such conduct to be sexual harassment, it must be sufficiently severe or pervasive to alter the conditions of the victim’s employment or academic environment and create an abusive working or academic environment. Continuous expressions of sexual jokes, vulgar or obscene language, and suggestive innuendo or touching may characterize a hostile environment.
How Do I File a Complaint?
If you have personally suffered harassment, sexual harassment or discrimination, or would like assistance in determining whether or not you have been a victim of harassment, sexual harassment or discrimination in the work or academic environment, you should contact the designated college or district Title IX coordinator, as listed on the Title IX contacts webpage, to discuss your concerns.
You may also file a complaint online by using the Advocate reporting system.
Informal Complaint Procedure
The purpose of the informal complaint procedure is to allow you to resolve an issue through an informal process rather than a more formal procedure.
If you are able to resolve the issue informally, it is not necessary to pursue a formal complaint.
At any time during the informal process, you may initiate a formal complaint by completing and signing the Foothill-De Anza district’s Unlawful Discrimination Complaint Form or an approved form obtained from the California State Chancellor’s Office.
At any time, you may also file a complaint with the following when the complaint is within the jurisdiction of these agencies
- If non-employment related, with the Office for Civil Rights, U.S. Department of Education
- If employment related, with the state Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission
District Complaint Procedure
You may also file a formal complaint by mailing or returning a completed and signed Unlawful Discrimination Complaint form to the
Office of Human Resources
Attn: Vice Chancellor of Human Resources and Equal Opportunity
Foothill-De Anza Community College District
12345 El Monte Road
Los Altos Hills, CA 94022
A copy of these procedures and the Unlawful Discrimination Complaint Form are available in the
- Office of the Dean of Student Development and EOPS, De Anza College
- Office of the Vice President for Student Services, De Anza College
- Office of the Dean of Student Affairs and Activities, Foothill College
- Foothill-De Anza Office of Human Resources, located on the Foothill College campus
Complaint procedures and forms are also available on the Foothill-De Anza district website.
Timeline
You must file a complaint involving employment within 180 days (six months) of the date when the alleged unlawful harassment or discrimination occurred, except that this period will be extended by no more than 90 days if you first obtained knowledge of the facts of the alleged violation after the expiration of 180 days.
In any complaint not involving employment you must file the complaint within one year of the date of the alleged unlawful discrimination or within one year of the date on which you knew or should have known of the facts underlying the allegation of unlawful discrimination.