Policies & Procedures Manual

372

In determining whether alleged conduct constitutes sexual harassment as defined in this policy, the record as a whole will be considered as well as the context in which the conduct occurred. “Environmental sexual harassment” normally arises from a repeated and pervasive course of conduct whereas “bargained-for sexual harassment” can be based on a single act. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular susceptibility of an individual, unless that susceptibility is known to the alleged harasser. Reports of sexual harassment will be treated as a grievance and should be reported to the following individuals: A. Students should report alleged act(s) of sexual harassment involving other students to the Vice President for Student Services. The Vice President for Student Services will counsel the student who reported the alleged act(s) and will attempt to resolve the matter informally, as appropriate. Please note that there are cases when it is appropriate to go directly to the formal grievance resolution process. If informal efforts are not successful in resolving the grievance, the student should refer to Policy 822.1, STUDENT GRIEVANCE PROCEDURES, to file a formal grievance. Upon receipt of a sexual harassment grievance, the Vice President for Student Services will report the grievance to the Title IX Coordinator. B. Employees and students should report alleged acts of sexual harassment involving College employees to the Title IX Coordinator/Vice President for Instruction. The Title IX Coordinator will counsel the employee who reported the alleged act(s) and will attempt to resolve the matter informally, as appropriate. Please note that there are cases when it is appropriate to go directly to the formal grievance resolution process. If informal efforts are not successful in resolving the grievance, the employee should refer to Policy 713, EMPLOYEE GRIEVANCE & COMPLAINT PROCEDURES, to file a formal grievance. C. Students and employees who wish to file a sexual harassment grievance have the right to follow the due process procedures outlined in the Policies and Procedures Manual in Policy 822.1, STUDENT GRIEVANCE PROCEDURES, and Policy 713, EMPLOYEE GRIEVANCE & COMPLAINT PROCEDURES.

III. Reporting Procedures

IV. Penalties

Penalties will be determined on the basis of facts of each case and the extent of harm to the College’s interest, as well as any College record indicating previous similar wrongdoing by the accused person. Penalties will be set according to regulations governing student conduct and employment relationships. These regulations are described in the ECCC Policies and Procedures Manual and the ECCC Student Handbook .

V. Anti-retaliation Assurance

This policy seeks to encourage students and employees to express freely, responsibly, and in an orderly manner, opinions and feelings about any problem or grievance of sexual harassment. Any act of reprisal, including internal interference, coercion, and restraint, by a College employee or by one acting on behalf of the College, violates this policy and will promptly result in appropriate disciplinary action.