COA 09-11 Catalog - Peralta Colleges

200district policies and procedures3. The conduct has the purpose or effect of havinga negative impact upon a student’s academicperformance, or of creating an intimidating, hostile,or offensive educational environment.4. Submission to, or rejection of, the conduct by astudent is used as the basis for any decision affectingthe individual regarding benefits and services,honors, programs, or activities available at orthrough the educational institution.5. Any other such conduct that may have an effect on astudent’s learning environment or his or her abilityto enjoy any privileges or benefits provided by theDistrict.The prohibition of racial harassment similarly enjoinsconduct or incidents based on race that may interferewith or limit the ability of an individual to participatein or benefit from the services, activities, or privilegesprovided by the District.The prohibition of disability harassment similarly enjoinsconduct or incidents based on disability that may excludean individual from participation in or be denied thebenefit of the services, programs, or activities providedby the District to other non-disabled students.A harassing environment is created if conduct of a sexualor racial nature or conduct based on student’s disabilityis sufficiently severe, persistent, or pervasive to limita student’s ability to participate in or benefit from theeducation program by the District or to create a hostileor abusive educational environment.C. Examples of Prohibited HarassmentSexual, racial, or disability harassment includes, but isnot limited to, the following examples of conduct that isundertaken because of the sex, race or disability of thestudent victim:1. Unwanted physical touching (beyond normalgreetings).2. Displays of offensive materials, objects, photos, etc.,with a sexual, racial, or disabled theme.3. Situations affecting a student’s studying and learningconditions and making the learning environmentunpleasant and uncomfortable, whether the actionsare purposeful or not.4. Verbal insults (in reference to gender, race, sexualorientation, or disability).5. Rumors designed to cause the individual emotionaldistress or place him or her in a bad light.6. Physical assault.7. Unwelcome direct propositions of a sexual nature.8. Subtle pressures for unwelcome sexual activity, anelement of which may be conduct such as repeatedand unwanted staring.9. A pattern of conduct not legitimately related tothe subject matter of a course, which is sufficientlysevere, persistent, or pervasive to limit a student’sability to participate in or benefit from the educationprogram or to create a hostile or abusive educationalenvironment, that includes one or more of thefollowing:(a) comments of a sexual/racial nature or whichare demeaning or derogatory based on adisability, or(b) sexually explicit statements, questions, jokes, oranecdotes.10. Unwanted attempts to establish a personalrelationship.11. A pattern of conduct that would cause discomfortor humiliate, or both, a reasonable person at whomthe conduct was directed that may include one ormore of the following:(a) unnecessary touching, patting, hugging, orbrushing against a person’s body,(b) remarks of a sexual nature about a person’sanatomy or clothing, or(c) remarks about sexual activity or speculationsabout a previous sexual experience.All persons should be aware that conduct towards astudent that is not specifically identified in this policymay nonetheless constitute impermissible sexual, racialor disability harassment.D. Academic Freedom and Freedom of SpeechAs participants in a public institution, the faculty and staffof the Peralta Community College District enjoy significantfree speech protections found in the First Amendment ofthe United States Constitution and Article I Section I of theCalifornia Constitution. The right of academic freedom