Page 158 - Merritt College Student Handbook and Planner 2021-2022

a. Submission to the conduct is explicitly or implicitly made a term or a condition of a student’s academic status, or progress.
b. Submission to, or rejection of, the conduct by a student is used as the basis of academic decisions affecting the student.
c. The conduct has the purpose or effect of having a negative impact upon a student’s academic performance, or of creating an intimidating, hostile, or offensive educational environment.
d. Submission to, or rejection of, the conduct by a student is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
e. Any other such conduct that may have an effect on a student's learning environment or his or her ability to enjoy any privileges or benefits provided by the District.
3. The prohibition of racial harassment similarly enjoins conduct or incidents based on race that may interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the District.
4. The prohibition of disability harassment similarly enjoins conduct or incidents based on disability that may exclude an individual from participation in or be denied the benefit of the services, programs, or activities provided by the District to other non-disabled students.
5. A harassing environment is created if conduct of a sexual or racial nature or conduct based on student's disability is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from the education program by the District or to create a hostile or abusive educational environment.
C. Examples of Prohibited Harassment
Sexual, racial, disability harassment includes, but is not limited to, the following examples of conduct that is undertaken because of the sex, race, or disability of the student victim:
1. Unwanted physical touching (beyond normal greetings).
2. Displays of offensive materials, objects, photos, etc., with a sexual, racial, or disabled theme.
3. Situations affecting a student’s studying and learning conditions and making the learning environment unpleasant and uncomfortable, whether the actions are purposeful or not.
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