Non-Discrimination & Harassment Policy

Our College is committed to maintaining a work environment that is free of discrimination and harassment and in compliance with all federal and state civil rights laws banning discrimination. Accordingly, the College will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of an individual's race, color, religion, gender, national origin, age, disability, ancestry, genetic information, ethnic origin, marital and parental status, veteran status, citizenship status, sexual orientation, gender identity or expression, or because of any other protected status of an individual or that individual's associates or relatives. The College will not tolerate any form of harassment of our employees, students or other persons performing services for our College by anyone, including any supervisor, co-worker, vendor, student, parent, or alumni of our College.

Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based on a protected group status.

The College will not tolerate harassing conduct that:

·         Affects tangible job benefits

·         Interferes unreasonably with an individual's work performance

·         Creates an intimidating, hostile, or offensive working environment

Such harassment may include, for example:

·         Jokes about another person's protected status

·         Kidding, teasing or practical jokes directed at a person based on his or her protected status

Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex or gender constitute sexual harassment when:

·         Submission to the conduct is an explicit (clear) or implicit (implied) term or condition of                   employment

·         Submission to or rejection of the conduct is used as the basis for an employment decision,             the conduct has the purpose or effect of unreasonably interfering with an individual's work               performance or creating an intimidating, hostile, or offensive working environment

Sexual harassment is conduct based on sex or gender, whether directed towards a person of the opposite or same sex, and may include:

·         Explicit sexual propositions

·         Sexual innuendo (sly remarks)

·         Suggestive comments

·         Sexually oriented "kidding" or "teasing," practical jokes, and obscene printed or visual                         material (including e-mail)

·         Physical contact such as patting, pinching, or brushing against another person's body

·         Treating people differently, even in non-sexual ways, solely because of their sex or gender

All employees are responsible to help assure that we avoid discrimination and harassment. If you feel that you have experienced or witnessed any conduct that is inconsistent with this Policy, you are to notify the Director of Human Resources or your supervisor.

The College forbids retaliation against anyone for reporting discrimination or harassment, assisting in making a discrimination or harassment complaint, cooperating in a discrimination or harassment investigation, or filing and EEOC claim. If you feel you have been retaliated against, you are to notify the Director of Human Resources or the appropriate Vice-President.

The College's policy is to investigate all discrimination and harassment complaints thoroughly and promptly. To the fullest practical extent, the College will keep complaints and the terms of their resolution confidential. If an investigation confirms that a violation of the Policy has occurred, the College will take corrective action, including discipline, up to and including immediate termination of employment.

Definitions/Glossary- The following definitions are College-wide definitions and will be used as a reference for all cases involving harassment and discrimination:

Protected Characteristics – Includes race, color, religion, national origin, sex, age, disability status, genetic information, veterans’ status, ethnic origin, ancestry, marital and parental status, sexual orientation, gender identity or expression, or any other basis protected by applicable federal, state or local laws.

Harassment Based on Protected Characteristics - Harassment based on Protected Characteristics is a form of prohibited discrimination. Harassment often takes the form of verbal statements regarding an individual’s Protected Characteristics, such as epithets, derogatory comments or slurs, profanity, gestures, innuendo, jokes, or forms of address. Harassment can also take the form of other adverse conduct motivated by a person’s Protected Characteristics, such as teasing or tricks, physical abuse or bullying.

Sexual Harassment is any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, including sexual assault and other forms of sexual misconduct, including but not limited to when: Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational advancement, or evaluation; or submission to or rejection of such conduct is used as the basis for employment or educational advancement, or evaluation; or such conduct, of a severe and pervasive manner, has the purpose or effect of interfering with an individual's work performance or educational experience, or creates an intimidating, hostile, or offensive work/educational environment. Unwelcome behavior is if the individual did not solicit or invite conduct, and particularly if he or she indicates that s/he finds the conduct undesirable or offensive. Acquiescence or failure to complain does not mean that the conduct is welcome. Such harassment, and all forms of sexual discrimination, are specifically prohibited not only by this policy, but also by Title IX of the Education Amendments of 1972.

Intent vs. Impact - It is the impact of the behavior, not the intent of the person who exhibited the behavior that determines whether or not sexual harassment has occurred. According to the law, actual intent is irrelevant. Courts have found a hostile environment exists if the victim believes the environment to be abusive and a reasonable person would find it to be an abusive environment.

Racial Harassment is any verbal or physical conduct that is directed at an individual because of his or her race, color, national origin or ethnicity, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities. Such harassment is prohibited.

Gender Identity Harassment is any verbal or physical conduct that is directed at an individual because of his or her gender identity, the internal sense of being male, or female, or some combination.  A person’s gender identity may be the same as or different from their birth-assigned sex.  Gender identity is fundamentally different from a person’s sexual orientation. Actions that are sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities is prohibited.

Gender Expression Harassment is any verbal or physical conduct that is directed at an individual because of his or her gender expression, the way a person reveals their gender identity to the rest of the world.  A person’s clothing mannerisms, voice, hairstyle, etc. can all be a part of the person’s gender expression. Actions that are sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities is prohibited.

Sexual Orientation Harassment is any verbal or physical conduct that is directed at an individual because of his or her sexual orientation, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities. Such harassment is prohibited.

Disability Harassment is any verbal or physical conduct or a pattern of a lack of reasonable accommodation that is directed at an individual because of his or her mental or physical impairment, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities. Such harassment is prohibited.

Religious Harassment is any verbal or physical conduct that is directed at an individual because of his or her religion and/or religious beliefs pertaining to religion and that is sufficiently severe or pervasive as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities. Such harassment is prohibited.