Page 311 - 2012-2013 TMCC College Catalog

2012-2013 TMCC College Catalog F-19
3. Training.
All employees shall be given a copy of this policy and
each institution’s Human Resources Office shall maintain
documentation that each employee received the policy. New
employees shall be given a copy of this policy at the time of hire
and each institution’s Human Resources Office shall maintain
documentation that each new employee received the policy.
Each institution shall include this policy and complaint
procedure in its general catalog.
Each institution shall have an on- going sexual harassment
training program for employees.
4. Sexual Harassment Defined.
Under this policy, unwelcome sexual advances, requests for
sexual favors, and other visual, verbal or physical conduct of a
sexual nature constitute 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 status;
B. submission to or rejection of the conduct is used as a basis
for academic or employment decisions or evaluations, or
permission to participate in an activity; or
C. the conduct has the purpose or effect of substantially
interfering with an individual’s academic or work
performance, or of creating an intimidating, hostile or
offensive environment in which to work or learn.
Sexual harassment may take many forms-subtle and indirect,
or blatant and overt. For example,
• It may occur between individuals of the opposite sex or of
the same sex.
• It may occur between students, between peers and/or
co-workers, or between individuals in an unequal power
relationship.
• It may be aimed at coercing an individual to participate
in an unwanted sexual relationship or it may have the
effect of causing an individual to change behavior or work
performance.
• It may consist of repeated actions or may even arise from a
single incident if sufficiently severe.
• It may also rise to the level of a criminal offense, such as
battery or sexual assault.
Determining what constitutes sexual harassment under this
policy will be accomplished on a case by case basis and depends
upon the specific facts and the context in which the conduct
occurs. Some conduct-may be inappropriate, unprofessional,
and/or subject to disciplinary action, but would not fall under
the definition of sexual harassment. The specific action taken, if
any, in a particular instance depends on the nature and gravity
of the conduct reported, and may include disciplinary processes
as stated above.
Examples of unwelcome conduct of a sexual nature that
may constitute sexual harassment may, but do not necessarily,
include, and are not limited to:
• physical assault;
• sexually explicit statements, comments, questions, jokes,
innuendoes, anecdotes, or gestures;
• unnecessary touching, patting, hugging, or brushing against
a person’s body or other inappropriate touching of an
individual’s body;
• remarks of a sexual nature about a person’s clothing or
body;
• use of electronic mail or computer dissemination of sexually
oriented, sex-based communications;
• sexual advances, whether or not they involve physical
touching;
• requests for sexual favors in exchange for actual or promised
job or educational benefits, such as favorable reviews,
salary increases, promotions, increased benefits, continued
employment, grades, favorable assignments, letters of
recommendation;
• displaying sexually suggestive objects, pictures, magazines,
cartoons, or screen savers;
• inquiries, remarks, or discussions about an individual’s
sexual experiences or activities and other written or oral
references to sexual conduct.
Even one incident, if it is sufficiently serious, may constitute
sexual harassment. One incident, however, does not usually
constitute sexual harassment.
5. Procedure.
The Chancellor and each president shall designate no fewer
than two administrators to receive complaints of alleged sexual
harassment. The administrators designated to receive the
complaints may include the following: (1) the Human Resources
Officer at the institution; (2) the Affirmative Action Program
Officer; or (3) any other officer designated by the president. If
the Human Resources Officer or the Affirmative Action Program
Officer or another officer designated by the president, is not
the individual who initially receives the complaint of alleged
sexual harassment, then the individual receiving the complaint
must immediately forward the complaint to either the Human
Resources Officer or the Affirmative Action Program Officer.
An individual filing a complaint of alleged sexual harassment
shall have the opportunity to select an independent advisor
for assistance, support, and advice and shall be notified of this
opportunity by the Human Resources Officer or the Affirmative
Action ProgramOfficer, or by their designee. It shall be the choice
of the individual filing the complaint to utilize or not utilize the
independent advisor. The independent advisor may be brought
into the process at any time at the request of the alleged victim.
The means and manner by which an independent advisor shall
be made available shall be determined by each institution or
unit.
Supervisors’ Responsibilities: Every supervisor has
responsibility to take reasonable steps intended to prevent acts
of sexual harassment, which include, but are not limited to:
• Monitoring the work and school environment for signs that
harassment may be occurring;
• Refraining from participation in, or encouragement of
actions that could be perceived as harassment (verbal or
otherwise);
• Stopping any observed acts that may be considered
harassment, and taking appropriate steps to intervene,
whether or not the involved individuals are within his/her
line of supervision; and
• Taking immediate action to minimize or eliminate the
work and/or school contact between the two individuals
where there has been a complaint of harassment, pending
investigation.
If a supervisor receives a complaint of alleged sexual
harassment, or observes or becomes aware of conduct that may
constitute sexual harassment, the supervisor must immediately
contact one of the individuals identified above to forward the
complaint, to discuss it and/or to report the action taken.
Failure to take the above action to prevent the occurrence
of or stop known harassment may be grounds for disciplinary
action.