BAY de NOC COMMUNITY COLLEGE PERSONNEL POLICIES AND PROCEDURES                                          

Originator:       Board of Trustees

Revision Date: July, 2003           

Subject:        Harassment

 202                 HARASSMENT/DISCRIMINATION POLICY

It shall be the policy of the Bay de Noc Community College Board of Trustees that harassment or discrimination of any kind is unacceptable at Bay de Noc Community College, including harassment and discrimination that 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 Bay de Noc Community College. Bay College will not tolerate: harassing or discriminatory behavior as defined by law and/or by college policy; false reports of harassment; 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. Bay 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.

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:

A. 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, educational advancement, 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, educational advancement, 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, educational advancement, 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:

a) Unwelcome advances or requests for favors;
b) Unwelcome, harassing, intimidating, and/or unlawful physical contact; or
c) 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 a prudent person would find as unwelcome, which is personally offensive, which fails to respect the rights of others, or which otherwise creates an intimidating, hostile, or offensive employment or learning environment.

 

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.

 

Penalties
All board members, employees, students, volunteers, guests, visitors, vendors, contractors, and other individuals associated with Bay de Noc 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. Bay 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 of harassment, which has been observed or reported to them.

It must be stressed that Bay de Noc Community College will endeavor to maintain confidentiality for the complainant, alleged harasser, witnesses and any others who are involved in the informal or formal process.  It must also be emphasized that retaliation for having complained of harassment or for having assisted or participated in an investigation of alleged harassment would not be tolerated.  Retaliation by any employee or student is subject to discipline up and including discharge or expulsion.

 Complaint Procedures:

 Any person who believes that he/she has been subjected to any form of harassment, is aware of conduct prohibited under this policy, or feels that she/he has been retaliated against for having brought a complaint of or having opposed any form of harassment and/or for having participated in the complaint process is encouraged to bring the matter to the attention of the Director of Human Resources.  The Director of Human Resources will then initiate the complaint procedure.

 A.                 Complaint Procedure: 

The person who believes he/she has a valid complaint shall discuss the concern with the Director of Human Resources who shall in turn investigate the complaint and reply to the person initiating the complaint in writing within five (5) business days or as soon as is reasonably possible.  It is the intent of the procedure to clarify information relative to the complaint through investigation, take disciplinary action if it is warranted by evidence and come to a satisfactory resolution for the complainant.   

Step 1. The Director of Human Resources will investigate the incident by interviewing the complainant, the alleged harasser and all witnesses identified by the complainant of the alleged harasser or other potential witnesses who may have observed the conduct alleged or who may possess knowledge regarding the allegation under investigation and reduce their statements to writing.  Based on the information collected through these interviews, the Director of Human Resources will formulate a proposal to resolve the incident and reply in writing to the complainant within five (5) business days or as soon as is reasonably possible, by certified mail. 

Step 2. If the complainant wishes to appeal the decision of the Director of Human Resources, he/she may submit a signed statement of appeal to the President of Bay de Noc Community College within five (5) business days after receipt of the Hr Director’s response to Step 1.  The President shall meet with all parties involved, formulate a conclusion, and respond in writing to the complainant within ten (10) business days by certified mail. 

Step 3. If the complainant remains unsatisfied, he/she may appeal through a signed, written statement to the Board of Trustees within five (5) business days of his/her receipt of the President’s response in step 2. 

In an attempt to resolve the complaint, the Board of Trustees or a committee thereof, shall meet with the concerned parties and their representatives within fifteen (15) days of the receipt of such an appeal.  The Board Secretary shall send a copy of the Board’s disposition of the appeal to each concerned party within ten (10) business days of this meeting by certified mail. 

If, at this point, the complaint has not been satisfactorily settled, further appeal may be made to the Office of Civil Rights, 303 W. Kalamazoo, Lansing, MI 48913.