HR3005 - Harassment

1. Institutional Regulations
   
   Harassment based upon an individual’s race, color, national origin, creed, religion, sex, sexual orientation, gender identity, age, disability, genetic information, actual or potential parental, family or marital status or, to the extent covered by law, veteran status is a form of discrimination. The harassment of College employees, students and applicants for employment by supervisors, faculty, students, colleagues or College business associates is prohibited. In addition, discrimination, harassment, and/or retaliation of or against an individual because of an association with someone with a protected characteristic is also prohibited.
    
2. Procedure
   1. Harassment
      
      ​Harassment is verbal or physical conduct or graphic display which is unwelcome, severe, offensive or shows malice toward an individual because of their race, color, national origin, creed, religion, sex (including pregnancy), sexual orientation, gender identity, age, disability, genetic information, actual or potential parental, family or marital status or, to the extent covered by law, veteran status. Examples of prohibited behavior include:
      1. Abuse that diminishes the dignity of an individual through insulting or degrading remarks or conduct such as but not limited to racial or ethnic slurs, written or graphic material, vandalism, threats, physical contact or pranks which show malice or ridicule toward an individual or group, jokes which are demeaning to a racial or religious group, or to a particular nationality, or to one’s sex;
      2. Threats, demands or suggestions that an employee’s work status, a student’s academic progress, or an applicant’s employment opportunity is contingent upon their toleration of or acquiescence to harassment.
   2. Sexual Harassment
      1. Sexual harassment is covered by Title IX policies and procedures available at the following location: https://www.dmacc.edu/titleix/index.html.
   3. Harassment Complaints
      1. If an employee or applicant for employment believes they are being harassed on the basis of a protected status (e.g. race, age, etc.), they may choose (but are at no time required) to attempt to resolve the matter informally by making their objections known to the alleged harasser. If this fails to stop the objectionable behavior, or if the individual is not comfortable confronting the alleged harasser, they should immediately bring the matter to the attention of the employee’s current supervisor, a College administrator, or the Affirmative Action Officer. The College Affirmative Action Officer is the Executive Director, Human Resources. If the Affirmative Action Officer is named in an individual’s allegations, the matter may be taken directly to the next higher level authority.
         
         The student Discrimination and Harassment Complaint Procedure is ES4645 .
          
      2. Sexual harassment complaints are covered by Title IX policies and procedures located at https://www.dmacc.edu/titleix/Pages/welcome.aspx.
      3. Employee harassment complaints may be filed formally (in writing) or informally (verbally). If an individual elects not to file a formal complaint, the College shall still be obligated to investigate the individual’s allegations.
         1. Formal complaints from employees shall be filed through the Discrimination Complaint Procedures (see HR3010 ) or with the appropriate state and/or federal agencies. Complaint forms may be obtained from the DMACC Web site, Affirmative Action Officer, Human Resources, campus Provosts’ offices, and Academic Deans’ offices. Individuals are encouraged to file complaints in writing to ensure that issues are correctly understood and addressed. Students may file a formal complaint through the College Discrimination Complaint Procedure for Students (ES4645 ).
         2. A College administrator, Affirmative Action Officer or designee shall investigate employee formal and informal complaints of harassment.
         3. Information related to a complaint shall be kept confidential to the maximum extent possible. However, because the College has a duty to investigate all complaints, information regarding a complaint, including the name of the reporting party, may be disclosed as deemed necessary by the person in charge of the investigation.
         4. As in all discrimination complaint investigations, investigators shall maintain the role of a neutral. Investigations shall be conducted in a thorough and objective manner to determine the facts of the complaint.
         5. An employee found to have committed harassment may be subject to discipline, up to and including discharge. Employees may not be defended or indemnified by the College if they are sued for harassing behavior.
         6. The College shall prohibit retaliation of any kind against an individual for filing a harassment claim or for their participation in the investigation of a harassment complaint. Any employee who is found to have retaliated against another in violation of this policy will be subject to discipline, up to and including termination.
         7. The College expressly prohibits the intentional filing of a false harassment claim. An intentional false claim is different from a claim where the conclusion is unfounded or of no eventual determination.

November 1, 2007

November 1, 2009

November 1, 2010

March 1, 2011

October 1, 2014

October 30, 2015

March 24, 2016

February 21, 2017

September 1, 2020