Nondiscrimination and Harassment Policy

The Trustees of Delaware County Community College ("DCCC") are strongly committed to providing a working and learning environment free from discrimination and all forms of harassment. DCCC is committed to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all of its members. DCCC will not tolerate any form of harassment, discrimination or attempt to retaliate in any way against a person who has brought a complaint alleging harassment or discrimination.

It is the policy of DCCC not to discriminate on the basis of race, color, religion, sex, age, national origin, disability, veteran status, sexual orientation or any other characteristic protected by state or federal laws in its educational programs, activities, admission or employment policies.

It is the policy of DCCC to protect employees and students from harassment by anyone. Anyone who becomes aware of any harassment of an employee or student should report such harassment as provided in this policy.

It is the policy of DCCC that once it has notice of possible harassment to take immediate and appropriate steps to investigate what occurred and take prompt action to end the harassment and prevent it from occurring again. These steps will be taken whether or not the individual who was allegedly harassed makes a complaint or otherwise asks DCCC to take action.

Definitions

Harassment:

Harassment is any conduct, verbal or physical, on or off campus, that has the intent or effect of unreasonably interfering with an individual or group's employment or educational pursuits at DCCC or that creates an intimidating, hostile or offensive work or learning environment. It is the creation of a hostile or intimidating environment in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's work or education.

For the purposes of this policy, the term "harassment" includes, but is not necessarily limited to, intimidation, unwelcome slurs, jokes, comments and other verbal, graphic or physical conduct.

Discrimination:

Discrimination can include the treating of members of a protected class less favorably because of their membership in that class. The protected groups are as outlined below. Discrimination also includes harassment in any form, based on sex, race, color, age, national origin, disability, religion, sexual orientation, veteran status or any other characteristic protected by state or federal laws, including harassment of an individual in terms of a stereotyped group characteristic or because of that person's identification with a particular group.

Procedures

• Any person who believes that he or she has been discriminated against or harassed may initially choose to deal with the alleged offender through a face to face discussion, a personal telephone conversation, e-mail correspondence or letters. In some cases this may effectively resolve the situation. However, individuals should not feel pressured to address the individual directly. Such an approach may be ineffective in correcting the problem or an individual may be uncomfortable in handling the situation alone. If so, assistance through DCCC is available and will be provided if sought.
• All members of the DCCC community are expected to adhere to the policy stated herein and to cooperate with the procedure it describes for responding to complaints of discrimination and harassment.
• Any member of the DCCC community who believes he or she has been a witness to or a victim/target of discrimination or harassment is urged to report promptly the facts of the incident to the Vice President of Human Resources or Associate Dean of Student Affairs. Delay in reporting may impede DCCC's ability to take appropriate action. No member of the DCCC community will be retaliated against for making a good-faith report of alleged harassment, discrimination or for participating in an investigation proceeding or hearing conducted by DCCC or by a state or federal agency.
• Never assume that DCCC is aware of the harassment or discrimination. It is your responsibility to promptly report incidents of which you are aware.
• Any conduct that constitutes a violation of this policy by an employee shall subject that employee to disciplinary action, up to and including immediate discharge. Any conduct that constitues a violation of this policy by a student shall subject that student to disciplinary action, up to and including immediate enforced withdrawal. Failure to report such conduct may also constitute a violation of this policy and subject an employee or student to disciplinary action.

Complaint Procedures

DCCC is firmly committed to resolving all allegations of discrimination and harassment fairly and quickly. DCCC may at any time elect to pursue reports of discrimination or harassment by investigation or other appropriate action. Students may also follow the Complaint Procedures set forth in the Student Handbook.

Step One

Any employee or student who believes that he or she has been subject to discrimination or harassment shall report the alleged act to the Vice President of Human Resources or Associate Dean of Student Affairs. The employee or student has the right to file a formal written complaint or request an informal means of resolution.

All complaints will be investigated and handled in a confidential manner. At the conclusion of the investigation, a report shall be provided to the individuals involved in the situation stating the findings and recommendations, Such report shall normally be provided within ten working days from the receipt of the complaint.

Step Two

If the matter is not resolved, either party may write the President of the college, or the President's designee, requesting further review and investigation. This request must be made within five working days of notification of the individuals involved in the situation.

The President, or the President's designee, shall respond to the request in writing within 15 working days from the receipt of the request.

Step Three

The decision of the President, or the President's designee, may be appealed by writing to the Board of Trustees within five working days from the receipt of the decision.

The Chair of the Board shall appoint an appropriate committee to review and investigate the matter, and the Board of Trustees shall issue a decision within fifteen working days of receipt of the appeal.

The decision of the Board of Trustees shall be final.

The action by the College will not abridge the rights of individuals to any claims against any attending person. The action by the College will not abridge any rights to statutory remedies or procedural guarantees.

Power Relationships of an Amorous or Sexual Nature

Any amorous or sexual relationship between a supervisor and subordinate, a faculty member and a student currently enrolled in the faculty member's class, or a counselor/advisor and his/her counselee/advisee or anyone in a special relationship to another is unprofessional and unacceptable. Whether the relationship is consensual is irrelevant.

It is the responsibility of the person in the superior position in the relationship to bring the relationship to the attention of the appropriate College administrator. The administration shall promptly investigate and recommend appropriate resolution, such as reassignment, discontinuance or other resolution.

Failure to comply with the College administration's recommendation, retaliation by anyone, or failure to report the relationship to the administration will result in disciplinary action up to and including dismissal.

Anyone who becomes aware of such a relationship, which remains unreported and appears to be of a continuing nature, is expected to bring the matter to the attention of the administration.