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

To view the procedure, go to PRO 5.195 Harassment or Discrimination Complaint Procedure