AC 
NONDISCRIMINATION / EQUAL  OPPORTUNITY

The Board is committed to a policy that prohibits discrimination, harassment and retaliation, as defined below, of candidates for employment, employees, students, volunteers, vendors, contractors, and members of the public.  The District will take prompt and appropriate action to investigate thoroughly a complaint that this policy has been violated, to correct any discrimination, harassment, or retaliation that is determined to have occurred, and, if necessary, to discipline any individual who is found to have engaged in conduct that constitutes discrimination, harassment, or retaliation. 

All individuals associated with the District, including the Governing Board, the administration, staff, students, volunteers, vendors, contractors, and members of the public are expected to conduct themselves at all times so as to create an environment free from discrimination, harassment, and retaliation.  

Discrimination, harassment and retaliation are made unlawful by state and federal laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act and Title IX of the Education Amendments Act.  The District may discipline conduct that is discrimination, harassment and retaliation that is inappropriate in the work place, regardless of whether such conduct rises to the level of a legal violation.

Definition  of  Discrimination

Discrimination occurs when an individual is treated adversely based on a protected classification.  Protected classifications are race, color, religion, sex, national origin, age (40+), disability, veteran status, sexual orientation, gender identity, as well as any other legally protected category.  The failure to provide reasonable religious or disability accommodations when required by law or District policy also constitutes discrimination.

Definition  of  Harassment

Harassment is a specific form of discrimination.  Harassment is unwelcome behavior based on a protected classification that

A.  has the purpose or effect of creating an intimidating, hostile, or offensive employment or education environment, or

B.  has the purpose or effect of unreasonably interfering with an individual's work performance, an individual's employment opportunities, a student's academic performance, or a student's ability to receive the benefits of a District program or activity.

Prohibited harassment may take the form of, but is not limited to, offensive slurs, jokes, and other offensive or abusive oral, written, computer-generated, visual or physical conduct or depiction that is aimed at, or that adversely impacts, an individual because of his or her inclusion in a protected classification.  It may also include negative stereotyping, including negative references about a person’s language or accent.  The most common type of harassment is sexual harassment.  For additional information about sexual harassment, see Policy ACA, titled "Sexual Harassment."

Harassment may occur directly or through another person.  In some cases, conduct can be harassment, even though the conduct is not directed at a particular individual or group of individuals.

Definition  of  Retaliation

Retaliation occurs when adverse action is taken against an individual as a result of the individual's good faith participation in a protected activity.  Retaliation becomes a separate complaint that can be claimed, even if the original discrimination complaint was not substantiated.  Retaliation can involve any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Protected activities include the following:

A.  raising or reporting or filing allegations of discrimination, harassment or retaliation and/or

B.  participating in any review or investigation of a claim of discrimination, harassment or retaliation.

Adverse action is any action that

A.  materially affects an individual’s terms and conditions of employment or a student's academic status, or

B.  is reasonably likely to deter that individual or others from engaging in a protected activity.

Adopted:  February 13, 2018

LEGAL REF.: 
A.R.S. 
23-341
41-1463
Arizona Constitution, Ordinance Art. XX, Par. Seventh
20 U.S.C. 1400 et seq., Individuals with Disabilities Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, Titles VI and VII
42 U.S.C. 12101 et seq., Americans with Disabilities Act

CROSS REF.: 
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of Professional Staff Members
GDQD - Discipline, Suspension, and Dismissal of Support Staff Members
IHBA - Special Instructional Programs and Accommodations for Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or Services