Board policy 2.8

Sexual Harassment

Policy

St. Clair County Community College (the “College”) is committed to maintaining a positive learning and working environment. In pursuit of this goal, the College will not tolerate acts of sexual harassment or related retaliation against or by any employee, student or other person on a College campus, using the College resources or otherwise affiliated with the College. This Policy (1) provides a general definition of sexual harassment and related retaliation; (2) prohibits sexual harassment and related retaliation; and (3) sets out procedures to follow when a member of the College community believes a violation of the Policy has occurred.

It is a violation of this policy to engage in retaliatory acts against any person who reports an incident of alleged sexual harassment, or testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual harassment.

It is also a violation of this Policy for anyone acting knowingly and recklessly either to make a false complaint of sexual harassment or to provide false information regarding a complaint.

It is intended that individuals who violate this Policy be disciplined or subjected to corrective action, up to and including termination or expulsion.

Definitions

Sexual harassment consists of interaction between individuals of the same or opposite sex that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.

Hostile environment sexual harassment is unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include but not be limited to the frequency of the conduct, its severity, and whether it is threatening or humiliating. Robust discussion and debate are fundamental to the life of the College. Consequently, this policy shall be interpreted in a manner that is consistent with academic freedom.

Policies and Procedures

A. Obligation to Report

Anyone who believes that s/he has experienced or witnessed sexual harassment or related retaliation should promptly report such behavior to the Vice President for Human Resources (Title IX Officer) or the President of the College.

Any supervisor who receives a written or oral report or complaint of sexual harassment or related retaliation shall promptly report it to the Vice President for Human Resources (Title IX Officer) or the President of the College.

All reports or complaints shall be made as promptly as feasible after the occurrence.

B. Investigation Process

1. The Vice President for Human Resources or President’s designee (“Investigating Officer”) shall immediately commence and oversee an impartial investigation of any complaint brought under this Policy.
2. During its investigation, the College will attempt to respect requests for confidentiality, provided such request does not prevent the College from responding effectively to the harassment or preventing harassment of others.
3. The Investigating Officer shall advise the complainant and respondent of the resolution of any investigation conducted under this Policy.
4. In all cases, the Vice President of Human Resources or the President of the College shall retain the results of any investigation for a minimum of three (3) years or for as long as any administrative or legal action arising out of the complaint is pending.

C. Response

Upon completion of the investigation, the Vice President of Human Resources or the President of the College shall take prompt and appropriate corrective action calculated to (1) end any harassment that might have been occurring, (2) eliminate any hostile environment, if one has been created, and (3) prevent harassment from occurring again.

Approved by Board of Trustees: June 8, 1989
Revised: November 13, 2008