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POL. 5.195 Harassment or Discrimination

  1. Policy Objective – Harassment and discrimination are unlawful under both Michigan and federal law and are contrary to the commitment of this college to provide an effective learning and employment environment. The college’s policy prohibits such behavior toward Board members, employees, students, volunteers, guests, visitors, vendors, contractors, applicants for employment or other individuals by Board members, employees, students, volunteers, guests, visitors, vendors, contractors or other individuals associated with Kirtland Community College. The college will not tolerate harassing or discriminatory behavior as defined by law and/or by college policy, or false reports of harassment, or retaliation against persons reporting allegations of harassment or cooperating in the investigation of such complaints.All supervisors are responsible for eliminating harassment and intimidation of which they are, or reasonably should be, aware. The college does not discriminate on the basis of sex or other protected classifications in employment or the programs or activities which it operates and is required by Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, their implementing regulations, and other applicable statutes, not to discriminate in such a manner.
  2. Definition of “Harassment””Harassment” is any statement or conduct which constitutes an illegal quid pro quo (an unwelcome demand for an exchange of favors), or otherwise creates or fosters a hostile campus environment. Harassment is prohibited and includes, but is not limited to, behaviors based upon a person’s statutorily protected status, including race, age, sex, religion, national origin, weight, height, and disability. Prohibited conduct includes:
    1. Verbal or physical conduct or communication of an intimidating, hostile, or offensive nature when:
      1. Submission to such conduct or communication is made either explicitly or implicitly a term or condition of employment or commencing or continuing a business relationship; or
      2. Submission to or rejection of such conduct or communication by an individual is used, explicitly or implicitly, as a basis for decisions affecting employment, or the commencement or continuation of a business relationship; or
      3. Such conduct or communication has the purpose or effect of unreasonably interfering with employment, the commencement or continuation of a business relationship, or creating an intimidating, hostile, or offensive environment.
      4. Such conduct involves sexual harassment including, but not limited to:
        1. Unwelcome advances or requests for favors;
        2. Unwelcome, harassing, intimidating, and/or unlawful physical contact; or
        3. Other harassment based on a person’s gender.

    Harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior which is unwelcome, which is personally offensive, which fails to respect the rights of others, or which otherwise creates an intimidating, hostile, or offensive employment or business environment.

  3. Forms of Sexual Harassment
    Forms of sexual harassment include, but are not limited to:

    1. Verbal – Sexual innuendoes, suggestive comments, rumors, or jokes of a sexual nature, sexual propositions, threats or promises of preferential treatment in return for sexual favors, or other harassing or demeaning statements initiated due to a person’s gender. Suggestions or demands for sexual involvement that are accompanied by implicit or explicit threats concerning employment or the commencement of continuation of a business relationship.
    2. Non-verbal – Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, whistling, obscene gestures, or other harassing or demeaning conduct initiated due to a person’s gender. Use of college equipment or facilities to reproduce or disseminate sexual cartoons, jokes or other objects or pictures is prohibited.
    3. Physical – Unwanted and/or unwelcome physical contact of a sexual nature including, but not limited to, touching, patting, pinching, brushing against, coerced sexual intercourse or assault.

    Verbal or physical conduct of a sexual nature may constitute sexual harassment when the allegedly harassed person has indicated, by his or her conduct, that it is unwelcome. An individual who has initially welcomed such conduct by active participation must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome.

  4. Penalties
    All board members, employees, students, volunteers, guests, visitors, vendors, contractors, and other individuals associated with Kirtland Community College are required to comply with this policy. Appropriate disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken against persons who violate this policy.

    1. Discipline imposed upon students for violation of this policy may include suspension or expulsion, depending upon the nature and severity of the offense. Harassment under this policy may also be regarded and punished as a violation of other college rules of conduct prohibiting assault, battery, threats, fighting, intimidation and/or other misconduct.
    2. Discipline imposed upon an employee for violation of this policy may include warning, written reprimand, transfer, suspension, or dismissal depending upon the nature and severity of the offense. When an employee is covered by a collective bargaining agreement, discipline shall be assessed according to the procedures and standards contained therein.
    3. Volunteers, guests, visitors, vendors, contractors, or other individuals violating this policy may be subject to exclusion from school facilities, programs, and activities. The college reserves the right to discontinue any contracted services or commercial relationship with any contractor, vendor, or other service provider found to have violated this policy.
    4. Discipline imposed upon board members for violations of this policy may include written notice of censure or other appropriate action.
    5. When appropriate, referral for criminal investigation and prosecution may be made.
    6. Employees may be subject to discipline for failure to notify the appropriate officials, as designated in Procedure 5.195, of harassment which has been observed or reported to them.
  5. Complaints of harassment or discrimination shall be filed in accordance with PRO 5.195.

Revised November 9, 2000

PRO 5.195 – HARASSMENT OR DISCRIMINATION COMPLAINT PROCEDURE

The following procedure shall be utilized for any complaint or allegation of harassment or discrimination under Kirtland policy, or federal or state law and regulations. This procedure shall apply to complaints or allegations raised by board members, employees, students, volunteers, guests, visitors, vendors, contractors, or other individuals against any board member, employee, student, volunteer, guest, visitor, vendor, contractor or other individual associated with Kirtland Community College.

  1. Any individual (“complainant”) who believes that he/she has been subjected to harassment should promptly notify whichever of the following is most pertinent: their instructor, their immediate supervisor, the director of human resources, or the business office. Employees, visitors, contractors, vendors, or guests who become aware of or are subject to harassing or discriminatory conduct should immediately notify business office personnel whose office is located at the college’s administration building, and whose office phone number is 517-275-5000 x 239. Complainants are encouraged to report any conduct, statements, or physical contact which they believe to be discriminatory or harassing. Under no circumstance is the complainant required to notify the alleged offender, and neither are they barred from doing so.
  2. Complaints of discrimination and/or harassment shall be promptly and thoroughly investigated by the college. Complaints of discrimination and/or harassment will be treated as confidentially as possible, recognizing the potential need to:
    1. Notify the alleged perpetrator of the facts relative to the claimed violation;
    2. Make reports required by law;
    3. Protect the privacy of others, including witnesses, as well as the alleged offender during the investigation; and
    4. Comply with state and federal law and any relevant collective bargaining agreement.
  3. The college will conduct a fair, thorough, impartial, and timely investigation of the allegation(s) presented in a complaint. The investigation will consider the nature of the alleged activity and the context in which the alleged activity occurred. An investigation will normally include conferring with the parties involved, as well as any named or possible witnesses. Efforts shall be made to complete the investigation within 30 calendar days of the complaint being filed. The investigating official shall be responsible to ensure that investigation is conducted fairly, promptly and thoroughly.
  4. It shall be considered a violation of this policy for any person to coerce, intimidate, discriminate, or retaliate against any person filing a complaint and/or assisting in the investigation of a complaint. Such misconduct may result in discipline. A complainant who knowingly files a false complaint, or an individual who knowingly provides or knows false information has been provided during such an investigation or review and fails to report such information to the investigating official, shall be subject to discipline.
  5. All investigations of complaints made pursuant to this policy shall be concluded with written findings, regardless of whether a complaint is factually substantiated. Such findings shall be maintained in a separate confidential file. The complainant and the person against whom the complaint is made shall, upon request, be allowed an opportunity to review the content of the report.
  6. The investigating official shall be responsible for drafting the findings and forwarding such information to the college president, or his/ her designee. If the college president is alleged to have discriminated and/or harassed, the findings shall be reported to the chairperson of the board of trustees.
  7. If the college president (or designee) determines that the complaint is valid, prompt attention and action designed to stop the discrimination and/or harassment immediately and prevent its recurrence will be taken. Depending upon the nature of the discrimination and/or harassment, the college president (or designee) or investigating official may attempt to seek a resolution acceptable to the complainant and the individual against whom the complaint was filed. This shall not limit the college’s discretion to take action it deems appropriate. The college president (or designee) may take such disciplinary and/or remedial action as is consistent with this policy, other policies and regulations, and any relevant collective bargaining agreements. The college president considers discrimination and harassment to be major offenses which can result in disciplinary action.
  8. All involved parties, including the complainant, the individual against whom the complaint was filed and witnesses shall be notified of the involved parties’ rights to confidentiality and that disciplinary action will be taken if said rights to confidentiality are violated.Dissemination and Distribution of Policy

    This policy shall also be annually distributed to all employees, volunteers, and contractors of the college, as well as to any labor organizations representing college employees.

    Inquiries regarding this policy shall be directed to:
    Director of Human Resources
    Kirtland Community College
    10775 North St. Helen Road
    Roscommon, Michigan 48653
    (517) 275-5000 x 239

    Any inquiries or complaints regarding the obligations of the District under Title IV of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act may also be forwarded to the Assistant Secretary for Civil Rights of the United States Department of Education at:

    Assistant Secretary for Civil Rights
    Department of Education
    5000 Mary E. Switzer Bldg. 330 C Street, SW
    Washington, D.C. 20202

  9. This complaint procedure shall be utilized for allegations which violate POL 5.195 and the following:
    1. Title IV of the Education Amendments of 1972, which prohibits race and national origin discrimination in an educational institution receiving federal financial assistance.
    2. Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon sex, race, national origin and religion in employment.
    3. Title IX of the Education Amendments of 1972, which prohibits discrimination based upon sex in an educational institution receiving federal financial assistance.
    4. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based upon disability.
    5. American with Disabilities Act of 1991, which prohibits discrimination based upon disability.
    6. Age Discrimination in Employment Act, which prohibits discrimination based upon age.
    7. Michigan Persons with Disabilities Civil Rights Act, which prohibits discrimination based upon handicap.
    8. Michigan Elliott-Larsen Civil Rights Act, which prohibits discrimination based upon sex, race, religion, marital status, height, weight, age and national origin.

LEGAL REFERENCE

  • Title IV of the Education Amendments of 1972, 20 USC 1681, et seq.
  • Title VII of the Civil Rights Act of 1964, 42 USC 2000e, et seq.
  • Title IX of the Education Amendments of 1972, 20 USC 1681, et seq.
  • Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq.
  • 504 of the Rehabilitation Act of 1973, 29 USC 794.
  • Americans With Disabilities Act, 42 USC 1201, et seq.
  • Michigan Persons with Disabilities Civil Rights Act, MCLA 37.1101, et seq.
  • Age Discrimination in Employment Act of 1967, USC 621, et seq.
  • Regulations promulgated pursuant to the above statutes.