COMPLAINT OVER CLASS REJECTED; STUDENT SAYS SEXUAL CONTENT OF SPEECH DISTURBED HER.

Byline: Orith Goldberg Staff Writer

A College of the Canyons speech instructor accused of creating a ``sexually charged hostile environment'' in his class by encouraging speeches about graphic sexual matters, did not meet the legal standards of sexual harassment, a college panel has decided.

According to the findings released Thursday of a review committee charged with investigating the allegations, the conduct allowed in Fred Martin's classroom was not severe or pervasive enough to cause a reasonable, college-aged female to drop the class, said Gloria Allred, the attorney representing student Kelly Friscia.

Allred disagreed with the college's standard, adding that the standard should address whether a reasonable college-aged student would be offended by an instructor's support and encouragement of graphic, sexually explicit and vulgar speech.

Friscia, a 19-year-old sophomore who was enrolled in Martin's class during the spring semester, filed a formal complaint with the school March 19 after listening to a Feb. 8 sexually explicit demonstration speech by a student in the class.

Shocked that Martin congratulated the student after the speech, Friscia went to the school's instruction office Feb. 9 and requested an immediate transfer to another speech class. The request was quickly accommodated, said school spokeswoman Sue Bozman.

Allred said the conclusions issued in the 55-page report Thursday were not unexpected.

``We believe the district's (finding) of no sexual harassment is a face-saving, self-serving attempt to whitewash a clearly embarrassing, disturbing and outrageous incident of sexual harassment,'' Allred said.

``Kelly intends to file an appeal because this type of conduct on a taxpayer-supported college campus should not be repeated. Kelly was disgusted not only with the subject matter in this `speech,' but with her instructor's encouragament of these grossly sexual topics as subjects to be discussed by the students.''

Allred said the report corroborates that the speech given by the student was sexual in nature and that pictures were drawn on the chalkboard during the speech.

Allred said many of the words in the speech were obscene.

``It's preposterous to think that such obscenties would not constitute sexual harassment in the educational environment,`` she said.

Susan P. Strick, Fred Martin's attorney, said her client did not have prior knowledge about the content of the speech given by the student.

``The complaints were regarding the content of the speech,`` Strick said. ``The individual giving the speech was a student and (Friscia) had every right to walk out of (the classroom).

After a formal complaint was filed against Martin, he was put on paid administrative leave until the semester ended in May.

Strick said in the 25 years that Martin has taught speech and theater, he has never received complaints, adding that students, including those in that speech class, have written letters on his behalf stating how wonderful he is and how he had changed their lives.``

``Students in that class were unhappy he was taken off the job,`` Strick said. ``They felt deprived.``

The investigation was conducted by two administrators, a faculty member, Anita Morris, the college's dean of personnel and an experienced special investigator familiar with sexual harassment claims in college settings. Students in Martin's class were interviewed as part of the committee's investigation.

Friscia has 15 days to file a written appeal with the Santa Clarita Community College District board. Within 45 days of receiving the appeal, the board will issue its decision. Friscia could appeal the board's decision with Thomas J. Nussbaum, the chancellor of the California Community Colleges.

Martin is not scheduled to teach at the school during the fall semester.

``It's a matter for our instruction office to determine in the future,'' Bozman said.

Allred said her client hopes that the instructor understands that his methods are harmful to some students and should not be used in any publicly supported community college.

Bozman said while the criteria of sexual harassment had not been met, school officials are still committed to providing consistent training and awareness about the topic.