Instructor Not Guilty of Harassment, College Finds

College of the Canyons officials have concluded that a speech instructor who permitted a sexually explicit talk in his classroom did not commit sexual harassment.

Sophomore Kelly Friscia, 19, accused Fred Martin of creating a hostile learning environment by allowing a male student to give a speech in class Feb. 8 on how to perform oral sex on a woman.

Martin denied any wrongdoing, saying that interrupting the speech would have infringed on the speaker’s rights, and anyone who felt offended was free to leave the room.

The incident was investigated by a college panel that included two faculty members and the dean of personnel services. A consultant with expertise in the field assisted. The panel concluded that the circumstances did not meet the legal criteria for sexual harassment, said college spokeswoman Sue Bozman.

To constitute harassment, occurrences must be pervasive, persistent and severe, Bozman said.

Gloria Allred, who is representing Friscia, said officials should have used a different standard--whether a student would have been offended after being subjected to a sexually explicit speech.

“For the most part the report corroborates that the speech that Kelly alleges was given in her class was in fact delivered in her class and that it was sexual,” Allred said. “Kelly intends to file an appeal with the governing board of the [Santa Clarita] Community College District because this type of conduct at a taxpayer-supported campus should not be repeated.”

Martin has been a teacher for 25 years. He taught at the College of the Canyons for three years, but his contract ended with the spring semester, and he’s not scheduled to teach summer or fall classes, Bozman said.

“He’s an at-will, temporary part-time employee, hired from semester to semester,” Bozman said.

Neither Martin nor his lawyer, Susan P. Strick, could be reached for comment.