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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:
-
Submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment or
education.
-
Submission to or rejection of such conduct by an
individual is used as the basis for academic or employment decisions
affecting that individual.
-
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
- 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.
- 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.
- 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
- A Notice of Non-Discrimination and Policy on
the Prevention of Sexual Harassment shall appear in the following college
publications:
- College Catalog
- College Affirmative Action Report
- Quarterly Schedule
- An Abbreviated Statement on All Job Announcements
- The College's Negotiated Agreements
- 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.
- The Notice of Non-Discrimination and Policy on the
Prevention of Sexual Harassment will be distributed to all new students
and new employees.
- Periodic training and information sessions concerning
the policies will be provided to the college community.
II
DISCRIMINATION
AND SEXUAL HARASSMENT COMPLAINTS PROCEDURE
- 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.
- All reports of incident(s) will be forwarded to the
Title IX Officer for coordination and a determination on how to process
the complaint.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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