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Table of Contents   TITLE IX POLICY AND PROCEDURE:
Policy of Non-Discrimination and
Policy on the Prevention of Sexual Harassment
     

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Title IX: Non-Discrimination and Prevention of Sexual Harassment Policy

 

 

 

It is the policy of Highline Community College not to discriminate on the basis of sex, race, color, national origin, sexual orientation, marital status, disability, religion, or age in admission and access to, or treatment, or employment in its programs or activities as required by Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination Act and their implementing regulations.

It shall be the policy of Highline Community College, consistent with its efforts to respect the dignity and integrity of employees, students, and the general public, to provide an environment free of sexual harassment.

Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or comments into the work or learning situation, the creation of relationships of unequal power and/or elements of coercion, such as requests for sexual favors as a criterion for granting work, study, or grading benefits. Sexual harassment may also involve relationships among peers of repeated sexual advances or demeaning verbal behavior resulting in a harmful effect on a person's ability to study or work in the academic setting.

More specifically (for general policy purposes), the term sexual harassment may include such behavior as unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct and expressive behavior of a sexual nature where:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education.

  2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual.

  3. Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile or demeaning educational or employment environment.

The College recognizes its moral, ethical, and legal (Title VII of the 1964 Civil Rights Act; Title IX of the 1972 Education Amendment) responsibilities regarding sexual harassment and will take appropriate action to provide an environment free of such conduct at the institution.

I.     HIGHLINE COMMUNITY COLLEGE PLAN TO DISSEMINATE POLICY OF NON-DISCRIMINATION AND POLICY ON THE PREVENTION OF SEXUAL HARASSMENT

  1. The President of Highline Community College shall issue a statement to the college community at least once each academic year, which affirms Highline Community College's policy of non-discrimination and policy on the prevention of sexual harassment.
  2. The President of Highline Community College shall request all employee and student associations to issue a statement to their respective constituencies regarding Highline Community College's policy of non-discrimination and policy on the prevention of sexual harassment.
  3. Highline Community College shall periodically publish a Notice of Non-Discrimination and Policy on the Prevention of Sexual Harassment to members of the college community. The Notice of Non-Discrimination and Policy on the Prevention of Sexual Harassment shall contain the name(s) of administrator(s) to whom members of the college community should direct questions or complaints.

The Notice of Non-Discrimination and Policy on the Prevention of Sexual Harassment shall state:

"It is the policy of Highline Community College not to discriminate on the basis of sex, race, color, national origin, sexual orientation, marital status, disability, religion or age in admission and access to, or treatment or employment in its programs or activities as required by Title XI of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title VI and VII of the Civil Rights Act of 1964, the Age Discriminating Act and their implementing regulations.

Sexual harassment is a form of sex discrimination. It occurs in a variety of situations which share a common element: the inappropriate introduction of sexual activities or comments into the work or learning situation, the creation of relationships of unequal power and/or elements of coercion, such as requests for sexual favors as a criterion for granting work, study, or grading benefits. Sexual harassment may also involve relationships among peers of repeated sexual advances or demeaning verbal behavior resulting in a harmful effect on a person's ability to study or work in the academic setting.

Students, faculty, staff, or administrators may direct questions or complaints to:

Cesar Portillo,
Executive Director of Human Resources
Highline Community College
Affirmative Action, Title IX Officer
ext. 3320

Gloria Koepping
Highline Community College
Counseling Coordinator
ext. 3579

Marie Zimmermann
Highline Community College
Dean of Instructional Resources
ext. 3230

Bob Bonner
Highline Community College
Instructor
ext. 3469

Siew Lai Lilley
Highline Community College
Educational Planning & Advising
ext. 3936

Amal Mahmoud
Highline Community College
Instructor
ext. 3023

 

  1. A Notice of Non-Discrimination and Policy on the Prevention of Sexual Harassment shall appear in the following college publications:
    1. College Catalog
    2. College Affirmative Action Report
    3. Quarterly Schedule
    4. An Abbreviated Statement on All Job Announcements
    5. The College's Negotiated Agreements
       
  2. The President of Highline Community College shall encourage faculty, staff, and student leaders to publish the Notice of Non-Discrimination and Policy on the Prevention of Sexual Harassment in their newsletters and publications.
  3. The Notice of Non-Discrimination and Policy on the Prevention of Sexual Harassment will be distributed to all new students and new employees.
  4. Periodic training and information sessions concerning the policies will be provided to the college community.


II     DISCRIMINATION AND SEXUAL HARASSMENT COMPLAINTS  PROCEDURE

  1. Any student or employee who believes that he or she has been the subject of discrimination or sexual harassment should report the incident or incidents to one of the following college representatives: Title IX Officer, Counseling Coordinator, Dean of Instructional Resources. The College encourages the timely reporting of any incident(s) of discrimination or sexual harassment.

  2. All reports of incident(s) will be forwarded to the Title IX Officer for coordination and a determination on how to process the complaint.

  3. The Title IX Officer shall be an employee designated as such by the President. The President shall communicate his or her designation of the Title IX Officer to the college community as part of the President's statement as set forth in the College’s Plan to Disseminate Policy of Non-Discrimination and Policy on Prevention of Sexual Harassment.

  4. The student or employee who files a complaint alleging discrimination or sexual harassment (the complainant) may submit a brief written statement of facts through one of the college representatives to the Title IX Officer. If the complainant does not submit a written statement, the Title IX Officer shall prepare a statement of facts which is approved by the complainant.

  5. The Title IX Officer shall appoint one of the college representatives to investigate the complaint. The Title IX Officer shall inform the complainant of the appointment.

  6. The college representative shall conduct an investigation based upon the written statement submitted by the complainant. If the complainant did not file a written statement, the representative shall conduct an investigation based upon the statement prepared by the Title IX Officer. The Title IX Officer will notify the person who is alleged to have committed the discrimination or the harassment (respondent) of the complaint.

  7. The college representative shall conduct a thorough investigation. The investigation shall include, but is not limited to, providing the complainant and the respondent the opportunity to state their positions and interviewing witnesses. The investigation shall be concluded within a reasonable time, normally 30 days.

  8. At the conclusion of the investigation the college representative shall set forth his or her findings and recommendations in writing. The representative shall send a copy of the findings and recommendations to the complainant, the respondent and the Title IX Officer.

  9. The Title IX Officer shall consider the findings and recommendations of the representative. The Title IX Officer shall determine whether disciplinary action is appropriate. The Title IX Officer shall advise the complainant and respondent of his or her decision.

  10. If the Title IX Officer determines that disciplinary actions should be instituted against an employee, the applicable provisions of employee rights and responsibilities should be followed. These provisions include but are not limited to, state and federal constitutional and statutory provisions, rules of the Department of Personnel, Higher Education Division, collective bargaining agreements and college policies.

  11. If the Title IX Officer determines that disciplinary action should be instituted against a student, the applicable provisions of the college student code shall be followed.

  12. If the Title IX Officer determines that disciplinary action is not appropriate and the complainant disagrees, the complainant may appeal, in writing, to the President.

  13. The procedures regarding complaints of discrimination shall be published and distributed as determined by the Title IX Officer.


III     RESPONSIBILITIES OF SUPERVISORS

Highline Community College is committed to respecting all parties involved in the sexual harassment resolution process. College supervisors may be responsible under federal or state law if they know or should have known about sexual harassment and failed to take appropriate action. They must report any and all incidents or complaints of sexual harassment to the Title IX representative or one of the college representatives, even if such complaints or incidents have been resolved within the department. The college will provide training for supervisors on how to fulfill their responsibilities under this policy.


IV     RETALIATION PROHIBITED

Highline Community College prohibits retaliatory behavior against any complainant or any participant in the complaint process. The initiation of a complaint of sexual harassment will not reflect negatively on the employee who initiates the complaint nor will it effect the employee’s job assignment, status, rights, privileges or benefits.

 

Any employee who retaliates against any individual who has either made a complaint of sexual harassment or has participated in an investigation of a complaint of sexual harassment will be subject to disciplinary action up to and including dismissal.

 

Any non-employee doing business with the college who retaliates against any individual who has made a complaint of sexual harassment or participated in an investigation of a complaint of sexual harassment will be disciplined subject to the extent that the college has control over the non-employee or his or her employer.

V     OTHER PROCEDURES AND REMEDIES

Anyone who is subjected to offensive sexual behavior is encouraged to pursue the matter through either specific procedures established by college regulations, appropriate formal grievance procedures, or the means afforded them through Chapter 49.60 RCW, under Title IX of the Educational Amendments of 1972 or Title VII of the federal Civil Rights Act, as amended in 1991.

 

The internal procedures described herein are internal college procedures and, as such, serve to resolve complaints within the college’s administrative framework. These procedures do not replace an individual’s timely complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington State Human Rights Commission.


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