Page 312 - 2012-2013 TMCC College Catalog

F-20 2012-2013 TMCC College Catalog
Complaints of sexual harassment must be filed within one
hundred eighty (180) calendar days after the discovery of the
allegedact of sexual harassmentwith thesupervisor, department
chair, dean, or one of the administrators listed above and/or
designated by the president to receive complaints of alleged
sexual harassment. Complaints of prohibited conduct, including
sexual harassment, filed with an institution’s administrative
officer pursuant to NSHE Code Chapter 6, Section 6.8.1, are not
subject to this 180 day filing requirement.
1. Employees.
A. An employee who believes that he or she has been subjected
to sexual harassment by anyone is encouraged-but it is
neither necessary nor required to promptly tell the person
that the conduct is unwelcome and ask the person to stop
the conduct. A person who receives such a request must
immediately comply with it and must not retaliate against
the employee for rejecting the conduct.
B. The employee may also choose to file a complaint with his
or her immediate supervisor, who will in turn immediately
contact one of the officials listed above.
C. If the employee feels uncomfortable about discussing the
incident with the immediate supervisor, the employee
should feel free to bypass the supervisor and file a complaint
with one of the other listed officials or with any other
supervisor.
D. After receiving any employee’s complaint of an incident of
alleged sexual harassment, whether or not the complaint
is in writing, the supervisor will immediately contact any
of the individuals listed above to forward the complaint, to
discuss it and/or to report the action taken. The supervisor
has a responsibility to act even if the individuals involved
are not supervised by that supervisor.
2. Students.
A. A student who believes that he or she has been subjected
to sexual harassment by anyone is encouraged-but it is
neither necessary nor required-to promptly tell the person
that the conduct is unwelcome and ask the person to stop
the conduct. A person who receives such a request must
immediately comply with it and must not retaliate against
the student for rejecting the conduct.
B. The student may also choose to file a complaint with his or
her major department chair, who will in turn immediately
contact one of the officials listed above.
C. If the student feels uncomfortable about discussing the
incident with the department chair, the student should
feel free to bypass the chair and file a complaint with one
of the above officials or to any chair or dean, who will in
turn immediately contact one of the officials listed above
to forward the complaint, whether or not the complaint is
in writing, to discuss it and/or to report the action taken.
The chair or dean has a responsibility to act even if the
individuals are not supervised by that chair or dean.
3. Non-Employees and Non-Students.
A. Individuals who are neither NSHE employees nor NSHE
students and who believe they have been subjected to sexual
harassment by a NSHE employee during the employee’s
work hours or by a NSHE student on campus or at a NSHE
sponsored event may utilize any of the complaint processes
set forth above in this section.
4. Investigation and Resolution.
A. After receiving a complaint of the incident or behavior,
an investigation by one of the above listed officials will be
initiated to gather information about the incident. Each
institution may set guidelines for the manner in which an
investigation shall be conducted.
B. At the completion of the investigation, a recommendation
will be made to the appropriate management regarding the
resolution of the matter. The recommendation is advisory
only.
C. After the recommendation has been made, a determination
will be made by appropriate management regarding the
resolution of the matter. If warranted, disciplinary action
up to and including involuntary termination or expulsion
will be taken. Any such disciplinary action shall be taken in
accordance with NSHE Code Chapter 6, or, in the case of
classified employees, NAC Chapter 284. Other appropriate
actions will be taken to correct problems, if any, caused by
or contributing to the conduct. If proceedings are initiated
under Chapter 6, the investigation conducted pursuant
to this policy may be used as the Chapter 6 investigation.
The administrative officer, in his or her discretion, may
also supplement the sexual harassment investigation with
additional investigation.
D. After the appropriate management has made a
determination regarding the resolution of the matter,
and depending on the circumstances, both parties may
be informed of the resolution. Certain actions made
confidential under NSHE Code Chapters 5 and 6 or NAC
Chapter 284 shall remain confidential.
6. Prompt Attention
Complaints of sexual harassment are taken seriously and will
be dealt with promptly. Where sexual harassment is found to
have occurred, the NSHE institution or unit where it occurred
will act to stop the harassment, to prevent its recurrence, and to
discipline those responsible.
7. Confidentiality
TheNSHErecognizesthatconfidentialityisimportant.However,
confidentiality cannot be guaranteed. The administrators,
faculty or staff responsible for implementing this policy will
respect the privacy of individuals reporting or accused of sexual
harassment to the extent reasonably possible and will maintain
confidentiality to the extent possible. Examples of situations
where confidentiality cannot be maintained include, but are
not limited to, necessary disclosures during an investigation,
circumstances where the NSHE is required by law to disclose
information (such as in response to legal process), or when an
individual is in harm’s way.
8. Retaliation
Retaliation against an individual who in good faith complains
of alleged sexual harassment or provides information in an
investigation about behavior that may violate this policy is
against the law, will not be tolerated, and may be grounds for
discipline. Retaliation in violation of this policy may result in
discipline up to and including termination and/or expulsion. Any
employee or student bringing a sexual harassment complaint
or assisting in the investigation of such a complaint will not be
adversely affected in terms and conditions of employment and/
or academic standing, nor discriminated against, terminated, or
expelled because of the complaint. Intentionally providing false
information is also grounds for discipline.
“Retaliation” may include, but is not limited to, such conduct
as:
• the denial of adequate personnel to perform duties;
• frequent replacement of members of the staff;
• frequent and undesirable changes in the location of an
office;
• the refusal to assign meaningful work;
• unwarranted disciplinary action;
• unfair work performance evaluations;
• a reduction in pay;