Sexual and Other Unlawful Harassment

Policy

It is the policy of the Board of Trustees to maintain an educational institution and working environment free from sexual and other unlawful harassment. 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, 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.

Sexual Harassment

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:

  1. Physical assault, including rape, or any coerced sexual relations.
  2. Subtle pressure for sexual activity or for a relationship that takes on a sexual or romantic coloring, thereby exceeding the limits of healthy relation.
  3. Any demeaning sexual propositions.
  4. Unnecessary touching in any form.
  5. Sexually explicit or suggestive remarks about a person’s physical attributes, clothing, or behavior.
  6. Sexually stereotyped or sexually charged insults, humor, verbal abuse, or graffiti.
  7. 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:

  1. 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.
  2. 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.
  3. 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.

Procedure

Introduction

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 College activities) to the appropriate person so that a prompt investigation into the circumstances of the incident and the alleged harassment can be conducted.

Investigations and Reports

  1. An employee who has a sexual or other unlawful harassment complaint is urged to bring the matter to the Vice President for Human Resources and Organizational Development or, if the Vice President of Human resources and Organizational Development is the alleged harasser, to the President
  2. A student who has a sexual or other unlawful harassment complaint is urged to bring the matter to the attention of the Vice President for Student Services or, if the Vice President for Students Services is the alleged harasser, then the Director for Human Resources.
  3. Individuals filing sexual or other unlawful harassment complaints are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period may still be investigated; however, individuals should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints. The Vice President for Human Resources and Organizational Development shall fully investigate all employee sexual or other unlawful harassment complaints and, as needed and if the complaint also involves a student, collaborate with the Vice President for Student Services. The Vice President for Student Services shall fully investigate any student sexual or unlawful harassment complaints and will, as needed and if the complaint also involves an employee, collaborate with the Vice President for Human Resources and Organizational Development.
  4. A confidential file regarding the complaint shall be maintained by the Vice President for Human Resources and Organizational Development’s office (for employees) or in the Vice President for Student Services’ office (for students). To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceeding alleging a sex offense.

Corrective and/or Disciplinary Action

Following an investigation, the appropriate Vice President shall prepare a report of his/ her investigation and review the report with the person(s) involved and, if appropriate, implement corrective and/or disciplinary action. 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.

Appeal to the President

If either party is dissatisfied with the appropriate Vice President›s determination, he/she may appeal the decision to the President. The appeal must be submitted in writing within five (5) business days of receiving the appropriate Vice Presidents› determination. The President may review the documents, conduct any further investigation necessary or take any other steps he/she determines to be appropriate in order to respond to the complaint. The President shall provide a written response within ten (10) business days after receiving the appeal, unless further investigation is needed. The President›s determination is final.

Protection Against Retaliation

The College will not in any way retaliate against an individual who makes a report of sexual or other unlawful 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 policy and should be reported immediately. The College 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.