Policy Against Sex Discrimination and Sexual Harassment

Download as PDF

For the most up-to-date policies, visit Clinton.edu.

SECTION 1: PURPOSE

Clinton Community College believes in the dignity of the individual and recognizes the rights of all people to equal employment and/or educational opportunities free of unlawful discrimination. In this regard, Clinton Community College is committed to a policy of protecting and safeguarding the rights and opportunities of all people to seek, obtain and hold employment and/or educational opportunities without being subject to sexual harassment or unlawful discrimination of any kind in the workplace or educational environment. It is Clinton Community College’s policy to provide an employment and educational environment free from unwelcome sexual advances, requests for sexual favors, and other gender-based verbal or physical conduct or communications which have the purpose or effect of unreasonably interfering with an individual’s work/educational performance or creating an intimidating, hostile or offensive work/educational environment.

A. Scope of Policy

This Policy applies to all Clinton Community College students, employees and all personnel in a contractual or other business relationship with Clinton Community College including, for example, applicants, temporary or leased employees, independent contractors, vendors, consultants, volunteers and visitors. Depending on the extent of Clinton Community College’s exercise of control, this Policy may be applied to the conduct of non-employees with respect to sexual harassment and/or sex discrimination of Clinton Community College employees in the workplace and students in the educational environment. This Policy applies with equal force on College property as it does at College-sponsored events, programs, and activities, which take place at off-campus premises. 

B. Policy Objectives

By adopting and publishing this Policy, it is the intention of the Clinton Community College Board of Trustees to:

  1. Notify employees and students about the types of conduct, which constitute sex discrimination or sexual harassment based on gender or sexual orientation prohibited by this Policy;
  2. Inform employees and students about the complaint and resolution procedures established by the College, which enable any employee/student who believes (s)    he is the victim of sex discrimination or sexual harassment to submit a complaint, which will be investigated by the College;
  3. Clearly advise all supervisory staff, administrators, employees, and students that discriminatory treatment based on sex, sexual orientation, or sexual harassment of individuals is strictly prohibited and no such person possesses the authority to harass or discriminate; and
  4. Notify all employees and students that the College has appointed Compliance Officers who are specifically designated to receive complaints of discrimination based on sex or sexual harassment and ensure compliance with this Policy.

NOTE: The name and office location of the Compliance Officers designated to receive and investigate complaints are listed at the end of this Policy (Section 10). The name(s) and office location(s) of each Compliance Officer designated to receive and investigate complaints will be listed in the College’s Policy and Procedure Manual, on the College’s web page at www.clinton.edu, and posted in the following locations: Douglas Library, Academic Advising and Student Support Office, Human Resources Office, and the Office of the Dean of Student Affairs.

SECTION 2: DEFINITIONS

“Prohibited Unlawful Discrimination of Employees And/Or Students” Prohibited unlawful discrimination of employees and/or students can take the form of any negative treatment of an employee/student, by either a College employee or official, student, or a third party engaged in school-sponsored activities which: (a) negatively impacts an employee’s employment opportunities and/or employment benefits or negatively impacts a student’s educational opportunities; and (b) is based upon the employee’s/student’s sex or sexual orientation. Prohibited discrimination of employees/students can also take the form of harassment even where there is no tangible impact upon the employee’s employment opportunities and/or employment benefits or student’s educational opportunities. The phrase “prohibited unlawful discrimination” as used in this Policy includes all forms of “prohibited harassment” (defined below).

“Sexual Harassment” Sexual harassment is prohibited including, but not limited to, inappropriate forms of behavior described by the Equal Employment Opportunity Commission as follows:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or student’s educational outcome;
  2. Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual (e.g., promotion, transfer, demotion, termination) or the learning outcome in the case of a student.
  3. Such gender-based conduct has the purpose or effect of unreasonably interfering with an individual’s work/educational performance, or of creating an intimidating, hostile or offensive working/educational environment.

This policy is not intended to restrict freedom of expression, freedom of speech, academic freedom, respectful debate, or other legitimate forms of expression, which are the hallmark of institutions of higher learning. Clinton Community College will consider such legitimate and valued forms of expression when applying this policy and formulating remedial measures pursued as a result of discrimination and/or harassment complaints.

Specific forms of behavior that Clinton Community College considers sexual harassment are set forth below. Every conceivable example cannot be delineated herein, and thus the descriptions below should not be interpreted in any way as being all-inclusive.

Verbal: Unwelcome verbal language including jokes, comments, teasing or threats related to an employee’s/student’s sex, sexual activity, sexual orientation and/or body parts whether or not said in that person’s presence including, but not limited to: sexual innuendoes; slurs; suggestive, derogatory, or insulting comments or sounds; whistling; jokes of a sexual nature; sexual propositions; threats; comments on a person’s appearance that make the person feel uncomfortable because of his or her sex or sexual orientation; continuing to ask someone for dates or to meet after work/class after the person has made it clear that he or she does not want to go; sexually-oriented comments about an employee’s/student’s anatomy that are unwelcome, unreasonably interfere with an individual’s performance, or create an intimidating, hostile or offensive work/educational environment; and unwelcome sexual advances or demands for sexual favors.

Nonverbal: Unwelcome written language showing or displaying pornographic or sexually explicit objects or pictures; graphic commentaries; luring or obscene gestures in the workplace/educational setting; staring at a person’s body 
in a sexually suggestive manner; sexually-related gestures or motions; sending sexually graphic material through the College’s e-mail system or other electronic communication devices (e.g. voice mail) or using the College’s mail or computers to send and/or view such material.

Physical: Unwelcome physical conduct, including but not limited to: petting, pinching, grabbing, holding, hugging, kissing, tickling, massaging, displaying private body parts, coerced sexual intercourse, assault, persistent brushing up against a person’s body, unnecessary touching and flashing or other unwelcome physical conduct.

While a single incident of these types of behavior may not create a hostile working/educational environment, if such behavior is severe, persistent or pervasive, or if submission to such conduct is made either explicitly or implicitly a term or condition of employment or receipt of employment benefits, or negatively impacts a student’s educational opportunities, such conduct constitutes prohibited sexual harassment.

SECTION 3: POLICY

As with unlawful discrimination involving race, color, creed, religion, national origin, disability, political affiliation, age, arrest record, and veteran or marital status, Clinton Community College prohibits discrimination on the basis of sex or sexual orientation and will not tolerate any form of sexual harassment. Clinton Community College will take all steps necessary to prevent and stop the occurrence of sexual harassment and/or sex discrimination in the workplace and educational setting.

While the overwhelming majority of unlawful sexual harassment is directed at women by men, the law equally protects men from sexual harassment by women, and same-sex sexual harassment.

All employees/students, including but not limited to, Clinton Community College officials and supervisory personnel, are responsible for ensuring an environment free from sexual harassment and sex discrimination. All employees and students will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of sexual harassment or sex discrimination. Employees and students are encouraged to report violations to a Compliance Officer (listed in Section 10 of this Policy and on the College’s web page at www.clinton.edu), in accordance with the Complaint Procedure set forth in this Policy. Officials and supervisors must take immediate and appropriate corrective action when instances of sexual harassment and/or sex discrimination come to their attention to assure compliance with this Policy.

Each employee and student is assured pursuant to Section 6 of this Policy, that retaliation against an individual who makes a complaint or report under this Policy is absolutely prohibited and constitutes, in and of itself, a violation of this Policy.

Any questions regarding the scope or application of this Policy should be directed to a Compliance Officer, listed in Section 10 of this Policy and on the College’s web page at www.clinton.edu.

SECTION 4: POLICY ENFORCEMENT 

A. Complaint Procedure for Employees and/or Students

1. Notification Procedure

Prompt reporting of complaints or concerns is encouraged so that timely and constructive action can be taken before relationships become strained. Reporting of all perceived incidents of sexual harassment and/or sex discrimination is encouraged, regardless of the offender’s identity or position. An individual who feels aggrieved because of sexual harassment or sex discrimination has several ways to make his or her concerns known:

  1. An aggrieved person who feels comfortable doing so should directly inform the person[s] engaging in the harassment or discrimination that such conduct or communication is offensive and must stop. Clinton Community College encourages early and informal resolutions of disputes, misunderstandings, and offensive treatment before such matters adversely impact upon a person’s working or learning environment. If the aggrieved person agrees, the College may arrange for a facilitated meeting between the parties with the intent of resolving concerns related to the incident. NOTE: Confronting the offender is NOT required. All employees and/or students have the right to file a good faith complaint without first communicating with the offender.
  2. An aggrieved person who does not wish to communicate directly with the individual whose conduct or communication is offensive, or if direct communication with the offending party has not stopped the behavior, shall contact a Compliance Officer listed in Section 10 of this Policy, or a Vice President, or the President.
  3. An aggrieved person alleging sexual harassment or discrimination by anyone with supervisory authority, or alleging failure of supervision to take immediate action on the individual’s complaint, shall contact a Compliance Officer, a Vice President, or the President.
  4. In addition to filing a complaint under this policy, an aggrieved person who is a member of a collective bargaining unit may or may not also be entitled to file a grievance through the collective bargaining grievance procedure depending on the particular terms of the governing collective bargaining agreement. Such filing may not, in all cases, trigger an investigation pursuant to this Policy. Consequently, aggrieved persons are encouraged to simultaneously utilize the Complaint Procedure set forth herein, where appropriate.

2. Making a Complaint

All complaints should be in writing. All employees and/or students are encouraged to use the College’s “Complaint of Alleged Discrimination” form. Complaint forms can be obtained from the Human Resources/Affirmative Action Office or the Office of the Dean of Student Affairs, with no questions asked. Because an accurate record of the allegedly objectionable behavior is necessary to resolve a complaint of prohibited discrimination, all complaints should be submitted in writing. If an employee and/or student has any questions or difficulty filling out the complaint form, (s) he can obtain assistance from a Compliance Officer, or a Vice President, or the President. All complaints should include: the name of the complaining party, the name of the alleged offender(s), date of the incident(s), description of the incident(s), names of witnesses to the incident(s) and the signature of the complaining party.

Once the complaining party has completed and dated a written complaint the complaint may be submitted, either by hand delivery or mail, to a Compliance Officer listed in Section 10 below, to any Vice President, or to the President who will then advise the Compliance Officer(s).

Complainants are expected to cooperate with the College’s investigation procedures by providing all relevant information relating to the complaint, as are other employees and/or students having relevant or related knowledge or information. 

B. Time for Reporting a Complaint

Prompt reporting of all complaints is strongly encouraged. All employees and/or students should be aware that appropriate resolution of unlawful discrimination complaints and effective remedial action oftentimes is possible only when complaints are promptly filed. Furthermore, complaining parties should be aware that statutes of limitations may constrain the time period for instituting legal actions outside of this Policy.

C.    Confidentiality and Privacy

In recognition of the personal nature of unlawful discrimination complaints and the emotional impact of alleged discrimination, the College shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, the Student Code of Conduct, and other laws and regulations regarding employees and/or students. For the protection of all individuals who make complaints or are accused of prohibited discrimination, every witness interviewed during an investigation under this Policy will be advised of the confidentiality requirement and instructed not to discuss the complaint, the investigation, or the persons involved. Bargaining unit members may request representation of their bargaining unit during the investigation interview provided that bargaining unit representative(s) abide by the confidentiality provisions prescribed by this policy. To the extent complaints made under this Policy implicate criminal conduct, the College may be required by law to contact and cooperate with the appropriate law enforcement authorities.

D. Acknowledgment of Complaints

Upon receipt of a written complaint, the Compliance Officer(s), Vice President, or President shall endeavor to contact the complainant within 10 business days to confirm that the written complaint has been received. If the complainant does not receive such confirmation promptly, he/she is encouraged to file a second written complaint or contact a Compliance Officer, Vice President, or President, or his/her designee. The purpose of this acknowledgment procedure is to ensure that all written complaints are received by authorized individuals, carefully processed and promptly investigated.

SECTION 5: INVESTIGATION PROCEDURES

A.    Timing of Investigations

The College will promptly investigate all allegations of sex discrimination and sexual harassment and shall initiate
the investigation within ten (10) business days of the acknowledgement. The College will also attempt to complete investigations under this Policy promptly. The length of the investigation will depend upon the complexity and particular circumstances of each complaint.

B. Method of Investigation

Investigations will be conducted by the College’s Compliance Officer(s), the College’s legal counsel, and/or other impartial persons designated by the President, or his/her designee. The primary purposes of all investigations under this Policy will be to determine:

  1. Did the conduct complained of occur?;
  2. Did the conduct complained of violate this Policy?; and
  3. What remedial or preventative steps, if any, are recommended?Investigations may include: fact-finding interviews, document review, depositions, observations, or other reasonable methods. The College’s investigators should pursue reasonable steps to investigate each complaint in a thorough and comprehensive manner. Any notes, memoranda, or other records created by the College employees or agents conducting an investigation under this Policy shall be deemed confidential and/or privileged to the extent allowed by law.

C. Notification to Complaining Party and the Accused Party

The President, or his/her designee, shall notify the complainant of the outcome of the investigation with justification for his/her decision. Such notification shall be in writing, include a brief summary of the factual findings and, wherever possible, shall include a summary of any remedial measures that have been or will be taken by the College.

While reasonable efforts will be made to inform the complaining party about the outcome of investigations, the College will nonetheless consider the privacy rights of all parties involved in disseminating information obtained during and through the investigation.

The President, or his/her designee, shall notify within fourteen (14) business days following the completion of 
the investigation the person accused of violating this Policy whether a violation of this Policy was found and what remedial measures, if any, will be taken by the College or recommended to the Board for action.

Other parties, such as witnesses interviewed during the course of an investigation, will generally not be notified 
of specific findings or recommendations, to facilitate confidentiality.

D. Remedial Measures

Clinton Community College’s primary goal in responding to complaints of prohibited unlawful discrimination under this Policy is prevention. This Policy is intended to prevent all forms of sex discrimination and sexual harassment in the College and put an end to any prohibited discrimination that is found to have occurred. While disciplinary action may be appropriate in certain instances, punitive measures are not the exclusive means for responding to prohibited discrimination. During the pendency of any investigation being conducted pursuant to this Policy, remedial measures may be taken if appropriate and necessary.

Any individual who is found to have engaged in prohibited discrimination or conduct which may be prohibited by this Policy, may receive education, training, counseling, warnings, discipline, and/or other measures designed to prevent future violations of this Policy. Disciplinary action may include: warnings, suspension, or discharge from employment or enrollment, in the event of a student. Any third party found to have engaged in sexual discrimination of an employee and/or student may be barred from College property.

If an individual is a member of any union or otherwise covered by a collective bargaining agreement with the College, such individual may exercise any and all rights prescribed by such agreement to challenge the findings and/or disciplinary action in accordance with any processes prescribed by such agreement(s).

Time limitations set forth above in sections A, B, and C may be extended by mutual agreement of the complainant and respondent with the approval of the President, or his/her designee. Such extensions shall be confirmed in writing.

SECTION 6

A. Prohibition Against Retaliation

Retaliation is strictly prohibited by this Policy, the Student Code of Conduct, and by law, against anyone who in good faith reports a suspected violation of this Policy, who assists in making such a complaint, or who cooperates in a harassment or unlawful discrimination investigation. Retaliation means taking any adverse action in response to a complaint being made.

Written complaints of retaliation should be brought directly to a Compliance Officer, Vice President(s), or the President, or his/her designee. The written complaint must specify the date(s), time(s), location(s), witness(es), and a description of the incident(s). Such complaints will be promptly investigated. If retaliation is found, the person retaliating will be subject to corrective action up to and including termination from employment, or in the case of a student, up to and including suspension and/or dismissal, or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship, in accordance with legal guidelines, College policy, Student Code of Conduct, and any applicable collective bargaining agreement(s).

B. Prohibition Against False Complaints and Abuse of the Policy

Because of the damage that can be done to someone falsely accused, any individual who in bad faith knowingly makes
a false complaint or report of sexual harassment or sex discrimination will be subject to disciplinary action up to and including termination from employment, or in the case of a student up to and including suspension and/or dismissal,
or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship in accordance with legal guidelines, College policy, and any applicable collective bargaining agreement(s).

SECTION 7: APPEALS

A. Process for Employee Complaints:

Any complainant or accused party who wishes to appeal the procedures or decision which the College followed in investigating a written complaint filed under this Policy, may do so within ten (10) business days of receipt of the appellant’s notification of the investigation outcome. Untimely submissions shall not receive consideration. Such appeal must be made in writing to the Board of Trustees by submission to the President’s Office. The appellant shall be entitled to present evidence as to why:

  1. the investigation procedures were flawed, and/or
  2. the investigation procedures were improper, or
  3. the investigation procedures were not in compliance with this Policy,
  4. the decision is not consistent with the facts, or with all elements of this policy.

Upon receipt of an appeal, the Board of Trustees shall appoint an Appeals Committee comprised of a designee of the President, and a member of the Clinton Board of Trustees to consider and review any such appeal. The Committee’s consideration and review of any such appeal shall be conducted confidentially. Following a review of the evidence, as well as the information obtained in the investigation process and conclusions derived therefrom, the Committee shall render their recommendation to the Board of Trustees confidentially in an executive session. The Board’s decision shall be final. The appellant shall be notified of the decision in writing within ten (10) business days of the decision being rendered.

Nothing set forth in the Appeals Process above shall be construed to in any way confer upon either the complainant(s) or the person(s) accused of violating this Policy any right to appeal the College’s determination as to appropriate disciplinary and/or corrective action to be taken on meritorious complaints. In this regard, the College at all times retains the right to determine the appropriate disciplinary and/or corrective action to be taken with regard to a meritorious complaint subject to any rights an individual who is a union member or otherwise covered by a collective bargaining agreement has under such agreement.

B. Process for Students Complaints:

Any complainant or accused party who wishes to appeal the procedures or decision which the College followed in investigating a written complaint filed under this Policy, may do so in writing to the Dean of Student Affairs within three (3) business days as outlined in the Student Handbook.

SECTION 8: RECORD KEEPING

The College shall maintain a written record of all complaints of sex discrimination and/or sexual harassment for a period of at least six years. The College shall also document the steps taken with regard to investigations, as well as conclusions reached and remedial action taken, if any. The College shall also maintain these documents for at least six years.

The College records regarding investigations and findings of alleged discrimination shall be maintained separate and apart from personnel and/or educational records, although counseling letters and/or other letters of reprimand may be maintained in personnel files and/or educational files.

SECTION 9: QUESTIONS

Any questions by employees and/or students of the College about this Policy or potential discrimination should be brought to the attention of the College’s Compliance Officer(s), or the President. The names, addresses, and telephone numbers of the College’s Compliance Officers are listed in Section 10 of this Policy and on the College’s web page at  
www.clinton.edu. The name(s) and office location(s) of each Compliance Officer designated to receive and investigate complaints will be listed in the College’s Policy and Procedure Manual, the Student Handbook, on the College’s web page at www.clinton.edu, and posted in the following locations: Douglas Library, Switchboard/Reception area, Academic Advising and Student Support Office, Human Resources Office and the Office of the Dean of Student Affairs 

In addition, employees may contact: (a) the Employee Assistance Service (EAS), 22 U.S. Oval, Suite 218, Plattsburgh, NY 12903, (518) 563-8293 on a confidential basis; (b) the New York State Division of Human Rights Agency Building 1, 2nd Floor, Empire State Plaza, Albany, NY 12220; or (c) the U.S. Equal Employment Opportunity Commission, 6 Fountain Plaza, Suite 350, Buffalo, NY 14202.

In addition, students may contact: (a) the College’s Academic Advising and Student Support Office and Advisement Office, Room 147M (562-4199); (b) the U.S. Department of Civil Rights, 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington, D.C. 20201; or (c) the New York State Division of Human Rights Agency Building 1, 2nd Floor, Empire State Plaza, Albany, NY 12220.

SECTION 10: CONTACTS

John Borner
Dean of Student Affairs 
Room 229M
518-562-4121

Human Resources Office
Room 224M 
518-562-4138

SECTION 11: EFFECTIVE DATE AND POLICY DISSEMINATION

The effective date of this Policy, as amended, shall be July 18, 2007. The President shall ensure that this Policy is adequately disseminated and made available to all employees/students of the College. This Policy shall be distributed at the beginning of each academic year with or as part of the College’s Policy and Procedure Manual, Student Handbook, and on the College’s web page at www.clinton.edu. In addition, copies of this Policy and Complaint Form shall be maintained in the office of the Human Resources/Affirmative Action Officer, the Office of the Dean of Student Affairs, the Center for Community & Workforce Development, and the Douglas Library. This policy will be reviewed from time to time, as needed.

Upon the effective date of this Policy, the provisions of this Policy shall supersede and replace all prior College policies and regulations regarding employee and/or student sex discrimination, sexual harassment, and related complaint procedures with the exception of the “Clinton Community College Policy Against Harassment and Discrimination.”