academic freedom as a defense against charges of discrimination or discriminatory
harassment, the District must examine the nature and context of the faculty member’s
behavior. A key to this examination is determining whether the behavior of the faculty
member is related to his or her legitimate academic judgments within the context of
furthering the institution’s legitimate mission.
3.
Nothing in the District’s Discrimination and Discriminatory Harassment Policy should be
construed to prevent faculty members from rigorously challenging fundamental beliefs held
by students and society. These challenges should be done in a manner that, in the
professional judgment of the faculty member, is most pedagogically advisable. Indeed, this
is at the core of academic freedom; however, faculty members may not interject into the
academic setting an element of discrimination or discriminatory harassment that is unrelated
to any legitimate educational objective. Nor, may a faculty member create, or allow, the
educational setting to be so charged with discrimination or discriminatory harassment, that
our students are prevented from effectively participating in the academic environment. As
such, faculty members must be aware that the District will investigate and respond to
employee or student complaints that involve course content in accordance with its general
discrimination and discriminatory harassment policy and faculty members may be subject to
discipline for egregious conduct, in the same manner as provided in Board Policy and any
implementing procedures for all other District employees.
4.
The Peralta Community College District is committed to insuring that the academic freedom
rights of our faculty are secure, and to insuring our students an academic environment free
of discrimination and harassment. Nothing in this section is intended to abrogate rights of
Academic Freedom stated in the collective bargaining agreement with the Peralta
Federation of Teachers.
E.
Consensual Relationships
1.
Definitions:
(a) The terms “instructors” and “faculty member” are defined as any person who teaches
in the District, is in an academic position, or by virtue of their position has control or
influence on student performance, behavior, or academic career.
(b) A “District employee” is defined as any person who is employed by the Peralta
Community College District, or acts as its agent and operates within the District’s
control.
2.
Rationale:
The District’s educational mission is promoted by professionalism in faculty/student, as well
as supervisor/subordinate, relationships. Professionalism is fostered by an atmosphere of
mutual trust and respect. Actions of faculty members and supervisors that harm this
atmosphere undermine professionalism and hinder fulfillment of the educational mission.
Trust and respect are diminished when those in positions of authority abuse their power in
such a context as to violate their duty to the educational community and undermine the trust
placed in the District as a public employer and an educational institution.
3.
Ethical Violation:
Recognizing that the unequal power of adult consenting parties is inherent in consensual
relationships between supervisor and employee or student and teacher, the District will view
it as unethical behavior if faculty members or supervisors engage in romantic relations with
students enrolled in their classes or employees under their supervision even though both
parties appear to have consented to the relationship.
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