Policy 7.12: Nondiscrimination and Harassment

Original Date of Issue: 4/20/05
Revised: 6/15/16

Policy

The Trustees of Delaware County Community College (“DCCC”) are strongly committed to providing a College 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. Such conduct is unacceptable. 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.

DCCC encourages any employee or student to raise questions he or she may have regarding harassment including sexual harassment with the Vice President of Human Resources or any other representative designated by the President.

Definitions

Harassment - Harassment is any conduct, on or off campus, that is sufficiently severe or pervasive to substantially disrupt or materially interfere with a person’s ability to participate in or to receive the benefits, services or opportunities of the College. It is conduct that objectively and subjectively creates a hostile environment or substantially interferes with an individual’s work. While sexual harassment is a form of harassment it is further defined herein to draw attention to its importance.

Sexual Harassment - Sexual harassment is defined as any unwelcome sexual advances, request for sexual favors, or 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 or attendance.
2. Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting that individual.

Such conduct has the purpose or effect of interfering with an individual’s work performance or education experience, or creates an intimidating, hostile, or offensive work or education environment. 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 when the treatment substantially disrupts or materially interferes with the person’s access to education. The protected classes are outlined below. Discrimination also includes harassment as defined above, 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/Title IX Coordinator ([email protected]). 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 constitutes 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/Title IX Coordinator ([email protected]). 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.