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Sexual and Other Unlawful Harassment

Policy

It is the policy of the Board of Trustees of the College that a learning and working environment free from sexual and other unlawful harassment shall be maintained. Harassment, retaliation, coercion, interference, or intimidation of an employee or student due to his or her race, color, religion, sex, age, national origin, disability, veteran’s status, creed, sexual orientation, political affiliation or any other legally protected status not listed herein, or that of any employee’s or student’s relatives, friends, or associates, is strictly forbidden and will not be tolerated of anyone associated with the College either at a campus facility or College-sponsored event. The scope of this policy also extends to any visitor, vendor, or contractor while on campus property.

Sexual Harassment

Sexual harassment includes physical contact and/or conduct that creates an unwelcome or hostile environment. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when submission to the conduct is made a term or condition of an individual’s employment or academic performance (either implicitly or explicitly), when submission to or rejection of the conduct is used as the basis for employment or educational decisions affecting the individual, or when the conduct is sufficiently severe, persistent, or pervasive to interfere with an individual’s work or academic performance or to create an intimidating, hostile, or offensive working or learning environment. Occasional compliments of a socially acceptable nature do not constitute sexual harassment.

Sexual harassment may include, but is not limited to:

a. Physical assault, including rape, or any coerced sexual relations.

b. Subtle pressure for sexual activity or for a relationship that takes on a sexual or romantic coloring, thereby exceeding the limits of healthy relation.

c. Any demeaning sexual propositions.

d. Unnecessary touching in any form.

e. Sexually explicit or suggestive remarks about a person’s physical attributes, clothing, or behavior.

f.  Sexually stereotyped or sexually charged insults, humor, verbal abuse, or graffiti.

g. Any sexually inappropriate behavior that prevents an individual from participating in their employment, academic performance, or in any functions of the College.

Other Unlawful Harassment

Other unlawful harassment may consist of verbal or physical conduct that denigrate or shows hostility or aversion toward an individual because of his or her race, color, religion, age, national origin, disability, veteran’s status, creed, sexual orientation, political affiliation, or any other legally protected status not listed herein, or that of his or her relatives, friends, or associates, and has the purpose or effect of creating an intimidating, hostile, or offensive work or learning environment; has the purpose or effect of interfering unreasonably with an individual’s work or academic performance; or otherwise adversely affects an individual’s employment or educational opportunities.

Other unlawful harassment may include, but is not limited to:

a. Threatening or intimidating conduct directed at another because of the individual’s race, color, religion, age, national origin, disability, veteran’s status, creed, sexual orientation, political affiliation, or any legally protected status not listed herein.

b. Jokes, name calling, or rumors based upon an individual’s race, color, religion, age, national origin, disability, veteran’s status, creed, sexual orientation, political affiliation, or any legally protected status not listed herein.

c. Ethnic slurs, negative stereotypes and hostile acts based on an individual’s race, color, religion, age, national origin, disability, veteran’s status, creed, sexual orientation, political affiliation, or any legally protected status not listed herein.

Reports and Investigations

Employees and students, without any fear of reprisal, have the responsibility to bring any form of sexual or other unlawful harassment (whether by a co-worker, student, or other person who is participating in, observing or otherwise engaged in the activities of A-B Tech) to the attention of his or her immediate supervisor or instructor so that a prompt investigation into the circumstances of the incident and the alleged harassment may be conducted.

An employee who has a complaint of harassment at work is urged to bring the matter to the attention of his or her immediate supervisor. If the employee is not comfortable bringing the complaint to the immediate supervisor, then the complaint should be brought to the Director of Human Resources. If an employee is not comfortable bringing the complaint to the Director of Human Resources, then the complaint may be brought to the Vice President of Human Resources and Organizational Development (formerly Vice President of College Relations).

A student who has a complaint of harassment is urged to bring the matter to the attention of his or her instructor. If the student is not comfortable bringing the complaint to the instructor, then the complaint should be brought to the Vice President for Student Services. If a student is not comfortable bringing the complaint to the Vice President for Student Services, then the complaint may be brought to the Director of Human Resources.

Individuals with complaints of harassment are urged to place their complaints in writing. All charges of harassment shall be brought to the attention of the Director of Human Resources. The Director of Human Resources or Vice President of Human Resources and Organizational Development (formerly Vice President of College Relations) shall conduct an investigation of charges of harassment made by an employee. The Vice President for Student Services shall conduct an investigation when a charge of harassment is made by a student.

A confidential file regarding the charge of harassment by an employee shall be maintained in the office of the Director of Human Resources. A confidential file regarding the charge of harassment by a student shall be maintained in the office of the Vice President for Student Services.

A-B Tech will keep all information relating to harassment allegations and investigations as confidential as possible.

Corrective and/or Disciplinary Action

Following an investigation, a review of the results of the investigation with the person involved will be conducted and if appropriate, corrective and/or disciplinary action will be taken. Appropriate disciplinary action shall depend upon the seriousness of the misconduct and may include a warning, written reprimand, demotion, suspension from employment or from the College, termination of employment, expulsion, removal from College property, or denial of access to College services or programs.

Protection Against Retaliation

A-B Tech will not in any way retaliate against an individual who makes a report of harassment in good faith or who assists in an investigation. Retaliation includes, but is not limited to, any form of intimidation, disciplinary action, reprisal or harassment. Retaliation is a serious violation of this harassment policy and should be reported immediately. A-B Tech will take appropriate action against any employee or student found to have retaliated against another in violation of this policy.

Prohibition of Relationships Between Employees and Students

Romantic or sexual relationships between College employees and students are prohibited if the employee and the student have an academic relationship. Academic relationships include any activities in which the employee is a direct or indirect supervisor or instructor for the student, as in a classroom or lab, or is a sponsor for any College activity involving the student, including work study or organizational/club/sport activities. This prohibition shall continue until the student or the employee is no longer affiliated with the College. Employees engaging in inappropriate relationships with students will be subject to disciplinary action, up to and including termination of employment.

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