Sexual and Other Harassment

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Board Policy 5201 Sexual Harassment

General: Mott Community College is committed to provide a safe, healthy environment for all students, employees and all individuals associated with the College, that promotes respect, dignity, and equality, it is the purpose of this Policy to create and preserve an educational environment that is free from unlawful sexual harassment and discrimination on the basis of sex.

In order to provide a safe and healthy environment that encourages respect, dignity and equality, it is College policy to provide an educational environment free from sexual harassment and discrimination on the basis of sex. Under State and Federal laws, the College considers sexual harassment to be unlawful discrimination on the basis of sex.

The following general policy statements apply:

1. Mott Community College is committed to maintaining an environment free of unwanted, objectionable and disrespectful behavior of a sexual nature. Such behavior subverts the mission of the College and threatens the careers, educational experience and well-being of students, faculty and staff.
2. A charge of sexual harassment is a serious and emotional one and is not to be taken lightly by complainants. Thus, false or malicious complaints of sexual harassment will result in appropriate corrective action or disciplinary action taken against the complainant.
3. This Policy shall apply to all persons in the College community. College community is defined as Mott Community College Board of Trustees’ members, employees, students or third-parties (i.e. College visitors, vendors, contractors, consultants, agents, maintenance workers, etc.).
4. The College strictly prohibits all forms of sexual harassment on College grounds, College vehicles, and at all College-sponsored activities, programs, and events, including those that take place at locations outside the College. The College also strictly prohibits all forms of sexual harassment against individuals associated with the College whether or not the harassment occurs on College grounds.
5. The College encourages and expects all victims of sexual harassment and persons with knowledge of sexual harassment to report the harassment immediately. All complainants have the right to be free from retaliation of any kind.
6. The College will promptly investigate all formal, informal, verbal and written complaints of sexual harassment, and take prompt action to end the harassment, up to and including termination.
7. Complaint and investigation procedures shall be developed under the responsibility of the President and his designees to ensure compliance and enforcement with this Policy. These procedures will be published and distributed.

Policy Addendum:

1. Definitions and Examples of Prohibited Conduct: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other behavior of a sexual nature and 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
   2. Submission to or rejection of such conduct is used as a basis for a decision affecting an individual’s employment; or
   3. Such conduct or communication has the purpose or effect of unreasonably interfering with an individual’s work; or
   4. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment.

Sexual harassment encompasses any unwanted sexual attention. Examples of behavior encompassed by the above definition may include, but are not limited to the following:

1. Quid Pro Quo or “something for something” harassment can occur when an individual’s behavior is such that a reasonable person would believe that the granting or withholding of tangible academic or job benefit shall be based upon the granting of sexual favors.
2. Hostile Work Environment can be created by unwelcome conduct of a sexual nature, including but not limited to the following:
   1. Threats or insinuations, which would cause a reasonable person to believe that sexual submission or rejection will affect his/her reputation, employment, advancement or any conditions which concern the victim’s standing at the College;
   2. Direct propositions of a sexual nature;
   3. Subtle pressure for sexual activity, an element of which may be conduct such as unwelcome sexual leering, or repeated requests for dates;
   4. Conduct (not legitimately related to subject matter of work, in which one is involved) intending to or having the effect of discomforting and/or humiliating a reasonable person at whom the conduct is directed. This may include, but is not limited to, comments of a sexual nature or sexually explicit statements, displaying sexually suggestive objects, or pictures, using crude or offensive language, questions, jokes or anecdotes, and unnecessary touching, patting, hugging or brushing against another person’s body.
   5. Physical assault, which is behavior of a criminal sexual nature. Examples include forcible sexual abuse, or taking indecent liberties with another individual.
3. Confidentiality: It is College policy to respect the privacy and anonymity of all parties and witnesses to complaints brought under this Policy. However, because an individual’s need for confidentiality must be balanced with the College’s obligations to cooperate with police investigations or legal proceedings, to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve a complaint, the College retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know.
4. Retaliation Prohibited: Any act of retaliation against any person who opposes sexually harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a sexual harassment complaint is prohibited. For purposes of this Policy, retaliation includes but is not limited to the following: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension, exclusion, or termination.
5. Policy Awareness, Dissemination and Review: A summary of this Policy and procedures shall be posted in a prominent place in College facilities where employee information is ordinarily displayed.

The Policy shall also be published in student registration materials and other appropriate College publications as directed by the President.

All new employees shall receive information about this Policy and procedures at new employee orientation. All other employees shall periodically be provided information regarding this Policy, its related procedures and the College’s commitment to a harassment-free learning and working environment.

Supervisors and Managers who have specific responsibilities for investigating and resolving complaints of sexual harassment shall receive periodic training on this Policy and related legal developments.

Members of the College community are responsible for knowing and understanding the College’s Policy prohibiting sexual harassment. Faculty and staff who do not understand the Policy should contact their immediate supervisor. Supervisors and all others who need assistance in understanding, interpreting or applying the Policy should contact the Office of Human Resources.

Each employee in a supervisory position has the responsibility to prevent such activity and to treat every complaint of sexual harassment seriously. Supervisors are required to immediately report incidences or complaints of sexual harassment to the Office of Human Resources. Any employee who is aware of sexually oriented offensive behavior is also responsible for reporting this behavior to the Office of Human Resources.

Board Policy 5202 Other Unlawful Harassment

General: The Board is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes, or comments based on an individual's sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated.

The following basic policy statements apply:

1. Any employee who wants to report an incident of unlawful harassment should promptly report the matter to his or her supervisor. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact any other member of management. Employees can raise concerns and make reports without fear of reprisal.
2. Any supervisor or manager who becomes aware of possible unlawful harassment should promptly advise the Executive Dean of Human Resources or one of the College’s Vice Presidents who will handle the matter in a timely and confidential manner.
3. Anyone engaging in unlawful harassment will be subject to disciplinary action, up to and including termination of employment.