PE 445 - Non-Discrimination/Anti-Harassment

Eastern Iowa Community College District is committed to maintaining a workplace, academic environment free of discrimination and harassment. Therefore, the college does not tolerate discriminatory or harassing behavior by or against employees, faculty members, vendors, customers, students or other persons participating in a college program or activity.

While the college does not tolerate any form of discrimination or harassment, the Non- Discrimination/Anti-Harassment Policy and related procedures are intended to cover discrimination and harassment based on protected class. (Ref. Board Policy 401.) Protected classes for purposes of this policy are sex, race, color, religion, national origin, ancestry, age, disability, genetic information (GINA), military status, sexual orientation and gender identity and expression.

Anyone who is subjected to conduct that creates an intimidating or hostile environment, regardless if the conduct is based on a protected class, shall report the conduct to a person outlined in Section D of this policy.

In furtherance of these expectations, employees and students must participate in required training.


(B) EEO/TITLE IX Definitions of Discrimination/Harassment

As used in this policy, the following terms are defined and will be adhered to as follows:

Discrimination - when a person, or a group of people are treated less favorably than another person or group of people on the basis of a protected class.

Discrimination may occur in several forms:

1. Disparate Treatment - when an individual is treated differently from a person who is similarly situated because of membership in a protected class.
    
2. Disparate Impact - when a policy, practice or decision is based on neutral factors that have an adverse impact on a protected class.
    
3. Harassment - physical, non-verbal or verbal conduct that has the purpose or effect of creating an intimidating, hostile or offensive work or academic environment. The harassment must be based on a protected class and interfere with an employee’s terms and conditions of employment or a student’s academic or athletic achievement.
    
4. Hostile Environment - occurs when the conduct at issue is so severe or pervasive that it creates an intimidating, abusive or offensive environment regarding employment, academic or athletic decisions for a person in a protected class. A single instance of discrimination may be sufficient to create a hostile work environment.

(C) Consequences of Discrimination/Harassment

1. Employees - any employee found to be in violation of this policy will be subject to disciplinary action, up to and including termination of employment.
    
2. Students - any student found to be in violation of this policy will be referred to the Campus Dean of Student Development and the EEO/Title IX Compliance Officer for resolution in accordance with the Student Code of Conduct Policy.

(D) Reporting Responsibilities -

1. Anyone who believes that an administrator, supervisor, employee, faculty member, student, or non-employee’s behavior constitutes discrimination or harassment has a responsibility to report the behavior/action as soon as it is known.
    
2. In cases of alleged discrimination/harassment in employment or if the victim or alleged perpetrator is an employee, the complaint may be made to any of the following:
   1. the Equal Employment Opportunity (EEO) Title IX Compliance Officer;
   2. a campus president, supervisor, director, dean, chairperson, or other administrator
   3. an employee of the Human Resources department
       
3. In cases of alleged discrimination/harassment when the victim and/or alleged perpetrator is a student, a potential student, or someone participating in a college athletic event, the complaint may be made to any of the following:
    
   1. the Equal Employment Opportunity (EEO) Title IX Compliance Officer;
   2. the Dean of Student Development;
   3. a campus president, dean, chairperson, or other academic administrator;
   4. the college’s athletic coach;
       
4. Any person designated to receive complaints under this policy who has direct or constructive knowledge of alleged discriminatory or harassing behavior must immediately report the behavior to the EEO/Title IX Compliance Officer. Failure to do so shall result in disciplinary action, up to and including termination of employment.
    
5. Any employee who witnesses behavior which may be deemed to violate this policy is expected to report the behavior as outline above.

(E) Academic Freedom/SECOND Amendment Guidelines

1. The college is committed to providing a safe, anti-harassing, and nondiscriminatory environment that protects the civil rights of individuals, and the college recognizes the constitutional protection of academic freedom in the classroom.
    
2. This policy is not intended to restrict serious discussion of controversial issues in a training or academic situation.

(F) Confidentiality

To the extent possible, all information received in connection with the reporting, investigation, and resolution of allegations will be treated as confidential, except to the extent it is necessary to disclose information in order to investigate, prevent or address the effects of the discrimination/harassment, resolve the complaint or when compelled to do so by law. All individuals involved in the process should observe the same standard of discretion and respect for the reputations of everyone involved in the process.


(G) Retaliation

College policy and federal, state and local law strictly prohibits retaliation in any form against any employee, faculty member, student, vendor, customer, or other person participating in a college program or activity who complains or reports an allegation, or who participates in an investigation of discrimination or harassment. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation. Allegations of retaliation should promptly be directed to the EEO/Title IX Compliance Officer.

(H) The Chancellor shall establish procedures to administer this policy, including an EEO/Title IX Reporting and Investigation Procedure.

DATE OF ADOPTION: 8/17/15
REVIEWED: 12/10/18; 08/21/23
LEGAL REFERENCE: