Unlawful Discrimination
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Unlawful Discrimination

"No person in the State of California shall, on the basis of ethnic group identification, national origin, religion, age, sex or gender, race, color, ancestry, sexual orientation, or physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under any program or activity that is administered by, funded directly by, or that receives any financial assistance from, the Chancellor or Board of Governors of the California Community Colleges." (Title 5, California Code of Regulations, section 59300.)

UNLAWFUL DISCRIMINATION is the unequal treatment of persons on the basis of their actual or perceived protected class.

HARASSMENT is unwelcome conduct towards a person on the basis of their actual or perceived protected class where:

  • enduring the offensive conduct becomes a condition of continued employment, OR
  • the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

SEXUAL HARASSMENT is a type of unlawful discrimination on the basis of sex. It can include unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. Sexual Harassment for students falls under the Title IX policies and procedures; for more information, please visit our Title IX webpage.

PROTECTED CLASSES include ethnicity, national origin, religion, age (40 years or older), sex or gender (including pregnancy), race, ancestry, sexual orientation, medical condition, citizenship status, genetic information, veteran status, or disability.

Students and employees who wish to file a complaint of alleged unlawful discrimination may do so verbally or in writing. You should schedule a consultation meeting with the Director of the Office of Title IX, Diversity, and Inclusion to review of policies, procedures, and support resources.

When filing a complaint with the Office of Title IX, Diversity, and Inclusion you will be provided with information on support resources and will be given the option to file a complaint through either our informal or formal processes. However, depending on the severity of the allegations, the district may have an obligation to proceed with an investigation, regardless of a Complainant's wishes to the contrary, in order to ensure the safety of the District Community. 

We take all reported concerns and complaints seriously, however there may be some concerns that fall outside the purview of our office. In these cases, our office will work with you to determine the appropriate office and/or resources to address your concerns. The Director of the Office of Title IX, Diversity, and Inclusion maintains the right to determine if the complaint falls under the jurisdiction of this office. Furthermore, when the Respondent is not a District employee or student, it may severely reduce the District’s ability to effectively investigate the complaint and take appropriate action.  

Informal complaints are intended to resolve concerns at the earliest stage possible. The use of the informal reporting process serves the dual purpose of educating the District community about discrimination and harassment while working directly and confidentially with the parties involved.  Resolution of informal reports typically ranges between 2-4 weeks and may include discussions with the parties, making recommendations for resolution, and conducting a follow-up review after a period of time to assure that the resolution has been implemented effectively. Disciplinary action is not an outcome available through the informal process.

Formal complaints are generally be used when the informal report for early resolution is inappropriate (e.g. when the facts are in dispute regarding allegations of serious misconduct or there are reports of a pattern of inappropriate behavior/alleged criminal acts such as stalking or physical assault) or in cases where the informal process is unsuccessful.  Resolution of formal complaints can take up to ninety (90) business days and involves an investigation and determination of whether or not District policy has been violated. Findings of a violation of policy through the formal complaint process may result in disciplinary action in accordance with District policies.

Confidentiality cannot be guaranteed; the District will protect the privacy of individuals involved in a report of discrimination or harassment to the extent allowed by law and District policy.  However, confidentiality is not guaranteed as there may be times when disclosure of information is required. If a person requests that their name or other identifying information not be used in an investigation, the District will weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the District Community.  

You may file a complaint using our online complaint form, via email to jcishikawa@elcamino.edu, via phone (310-660-3813), or in person with the Office of Title IX, Diversity, and Inclusion (Administration Building, Room 140*).

Please see the Provisional Procedures for Unlawful Discrimination for detailed information on our policies and procedures.

* Please note that during the COVID-19 Pandemic, the Officer of Title IX, Diversity, and Inclusion is conducting all meetings virtually. Please contact our office to schedule a virtual meeting to discuss your questions and concerns.

 

Subject to Change Disclaimer

The information (including Office procedures and links) on this page is subject to change without prior notice to keep the District in compliance with Board Policies and/or State and Federal laws.