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Title IX

Filing a Complaint for Unlawful Harassment and Discrimination

  1. What is Harassment and Discrimination?
  2. What is Sexual Harassment?
  3. How do I file a Complaint?
  4. Informal Complaint Procedure
  5. Formal Complaint Procedure
  6. Timeline

1. What is Harassment and Discrimination?

The policy of the Foothill - De Anza Community College District is to provide an education and employment environment in which no person shall be unlawfully subjected to harassment or discrimination in whole or in part on the basis of

  • ethnic group identification, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or gender, age, sexual orientation or any other legally protected status, 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, or
  • be unlawfully denied full and equal access to, or the benefits of, any program or activity.

2.  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.

3. How Do I File a Complaint?

If you have personally suffered harassment, sexual harassment and/or discrimination, or would like assistance in determining whether or not you have been or are a victim of harassment, sexual harassment and/or discrimination in the work or academic environment, you should contact the designated campus or district Title IX coordinator, as listed on the contacts page, to discuss your concerns.

4. 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 District’s Unlawful Discrimination Complaint Form or an approved form obtained from the California State Chancellor’s Office.

At any time you may file a complaint with the following when the complaint is within the jurisdiction of these Agencies. Filing a complaint may be made before, during or after use of the District complaint process.

If non-employment related, with the Office for Civil Rights/San Francisco, U.S. Department of Education, www.ed.gov/ocr.

If employment related, with: 1) the Department of Fair Employment and Housing (DFEH) at www.dfeh.ca.gov; and/or 2) the U.S. Equal Employment Opportunity Commission (EEOC) at www.eeoc.gov.

5.  Formal Complaint Procedures

You may also file a formal complaint by mailing or returning a completed and signed Unlawful Discrimination Complaint Form to the District Office of Human Resources, to the attention of the 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 District's Unlawful Discrimination Complaint Form are available in the:

  • The Office of the Dean of Student Affairs and Activities (Foothill)
  • The Office of the Dean of Student Development and EOPS (De Anza)
  • Office of the Vice President for Student Services (De Anza)
  • District Office of Human Resources (located on the Foothill Campus)

Complaint procedures and forms are also available online and can be accessed via the District’s Web site at: http://hr.fhda.edu/policies-procedures

6. Timeline

You must file a complaint involving employment within 180 days (six months) of the date of 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



Title IX COORDINATOR
Building: Administration Building, ADM 122
Contact: Stacey Cook
Phone: 408.864.8989
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Last Updated: 12/9/15