Page 160 - Merritt College Student Handbook and Planner 2021-2022

may constitute environmental sexual harassment, harassment based on another impermissible characteristic or discrimination. If a faculty member engages in unwelcome sexual behavior or other improper behavior based on a characteristic protected by this policy that has the purpose or effect of unreasonably interfering with an employee’s work environment or a student’s academic performance or creates a hostile and intimidating work or academic environment, then it may constitute environmental harassment or discrimination, as outlined in Board Policy and these implementing procedures.
2. The District must balance these two significant interests: the right of academic freedom and the right to be free from discrimination and harassment. The First Amendment protections, including those of academic freedom, are not absolute. When a faculty member raises 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 ensuring 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
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