| 1. |
Introduction
Employees of the college have the right to
expect a workplace free from sexual harassment.
Students have the right to expect a learning
environment free from sexual harassment. Employees
are expected to conduct themselves in a manner
that does not constitute sexual harassment
of a fellow employee or student. |
| 2. |
Coverage
| a. |
This
sexual harassment policy covers all
persons employed by Southwestern Community
College, regardless of classification
or employment status. A complaint against
an employee or agent of the college
is covered by this policy. |
| b. |
A
complaint against a student is subject
to the Student Code of Conduct found
in the Student Handbook. (Policy 6.25
and Procedure 6.27.1).
|
|
| 3. |
Definition
Requests for sexual favors and/or
other unwelcome verbal or physical conduct
of a sexual nature by an employee constitutes
sexual harassment when:
| a. |
Submission
to such conduct is made either explicitly
or implicitly a term or condition of
an individual's employment or academic
standing, or |
| b. |
Submission
to or rejection of such conduct by an
individual is used as the basis for
employment or academic decisions affecting
that individual, or |
| c. |
Such
conduct has the purpose or effect of
creating an intimidating, offensive,
or hostile environment, or |
| d. |
Such
conduct has the purpose or effect of
unreasonably interfering with an individual's
performance. |
|
| 4. |
Consequences
In determining whether alleged conduct constitutes
sexual harassment, the record as a whole will
be considered, as well as the totality of
the circumstances, such as the nature of the
alleged conduct and the context in which it
occurred. Any employee found to be in violation
of this policy will be disciplined in accordance
with Policy
4.20 Disciplinary Action, Suspension,
and Dismissal. |
| 5. |
Retaliation
Retaliation by any employee of the college
against a student or an employee for responsibly
using the policy and its procedures is grounds
for appropriate disciplinary action. |
| 6. |
False
Allegations
Failure to substantiate a complaint
is not equivalent to a false allegation. However,
a false allegation brought forth with malicious
intent or without regard for truth, will subject
the complainant to disciplinary action. |
