XIV.  HARASSMENT POLICY AND PROCEDURES

POLICY STATEMENT FOR SEXUAL HARASSMENT

The Virginia Community College System and Virginia Western Community College shall not tolerate any verbal or physical conduct, by any employee, which constitutes sexual harassment of any other employee as outlined in Part 1604.11, Discrimination Because of Sexual Harassment, of Title VII, Section 703, of the Civil Rights Act of 1964, as amended. Upon receipt of a complaint of sexual harassment, the College shall take immediate action appropriate to the charge presented by the complainant.

I. Purpose - To state that sexual harassment is contrary to the policy of the State Board for Community Colleges and to provide avenues (mechanisms) for reporting and resolving sexual harassment complaints.

II. Definition - Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct or written communications of an intimidating, hostile, or offensive sexual nature, regardless of where such conduct might occur, when:

A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment:

B. Submission to or rejection of such conduct by an individual is used as the basis for decisions such as: employment, promotion, demotion, transfer, selection for training, performance evaluation, etc.; or

C. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment or substantially interfering with an employee's work performance.

III. Coverage of Personnel - All employees of Virginia Western are covered by this policy.

IV. Procedure - Complaints of unwelcome sexual advances or repeated sexual expressions creating a hostile work environment, or threats of job penalties in order to gain sexual favors, and of promises seeking to induce sexual favors may be raised through the following individuals or processes:

· Immediate supervisor of the accused employee

· The appropriate Vice-President over the individual

· College Human Resource Manager

· College Affirmative Action Officer

· College President

· VCCS EEO Officer

· Chancellor of the VCCS if the accused is the President

· Applicable grievance procedures

· Federal regulatory agencies (EEOC, OCR)

A complaint may be filed in writing to an individual noted above or may be discussed personally with the individual. Upon receipt of a complaint by any of the above individuals, an investigation of the complaint will commence within one (1) work day of receipt of the complaint to ascertain the facts of the matter. The facts, upon completion of the investigation, will be presented to the employee's immediate supervisor through a written report. The immediate supervisor is charged with taking prompt and remedial action to correct any findings and facts substantiating the allegations.

References: VCCS Policy Manual, Section 3, Appendix XVII; Department of Personnel and Training Policies and Procedures Manual, Policy 2.15.

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POLICIES AND PROCEDURES RELATING TO

SEXUAL MISCONDUCT OF STUDENTS

Sexual misconduct is a violation of the values and behavioral expectations of the college and will not be tolerated. All reported violations within the jurisdiction of the college, including sexual assault and harassment, will be investigated and, as warranted, will be resolved through appropriate college disciplinary processes and/or criminal proceedings in accordance with applicable state and federal laws.

Sexual Assault

Sexual assault consists of physical contact of a sexual nature without consent including rape (whether by acquaintance or stranger), sodomy, or other forms of sexual penetration. To constitute lack of consent, the acts must be committed either by force, threat of force, intimidation, or through use of victim’s mental helplessness of which the accused was aware or should have been aware. Mental helplessness includes incapacitation by alcohol or other drugs. Sexual assault also includes intentionally touching, either directly or through clothing, of the victim’s genitals, breasts, thighs, or buttocks without the victim’s consent, as well as touching or fondling of the accused by the victim when the victim is forced to do so against his or her will.

Sexual Harassment

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or written communication of a sexual nature which is intimidating, hostile or offensive. Sexual harassment shall be considered to have occurred when the following circumstances are presented:

1. Accepting or tolerating such conduct is made a term or condition of a student’s status or an individual’s employment either explicitly or implicitly;

2. Accepting or rejecting such conduct is used as the basis for academic or employment decisions affecting the student or employee; or

3. Such conduct creates an intimidating, hostile, or offensive working or learning environment, or substantially interferes with an employee’s work performance or student’s academic performance.

Reporting Procedures

Students who believe that they have been subjected to sexual assault or harassment by another student should take their complaints to the Title IX Coordinator located in Chapman Hall, room 102, telephone 857‑6067. Students' allegations involving college employees may be reported to the appropriate supervisor, the Human Resources Manager, Fishburn Hall 204, telephone number 857-7282 or the Title IX Coordinator.

Existing disciplinary and grievance procedures or informal proceedings, as appropriate, shall serve as the framework for resolving allegations of sexual misconduct. Students found guilty of sexual misconduct will be subject to campus disciplinary penalties ranging from probation to expulsion, and, in addition, criminal prosecution in the event of violations of applicable laws. College employees found guilty of sexual misconduct will be subject to disciplinary action as specified by personnel policies.

The rights of both the accused and the complainant shall be protected, and the complainant's sexual history will be excluded in campus proceedings. The confidentiality of proceedings will be maintained to the fullest extent possible.

Rev. 6/96

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POLICY STATEMENT FOR

WORKPLACE HARASSMENT

The Commonwealth and Virginia Western Community College strictly forbid harassment of any employee, applicant for employment, vendor, contractor or volunteer, on the basis of an individual’s race, color, national origin, age, sex, sexual orientation, religion, disability, marital status or pregnancy. The Commonwealth and VWCC will not tolerate any form of retaliation directed against an employee or third party who either complains about harassment or who participates in any investigation concerning harassment. The College is committed to a workplace in which all individuals are treated with respect and dignity. Therefore, harassment, in any form, is a serious offense that will require disciplinary action.

I. PURPOSE: To state that all forms of harassment are contrary to the policy of the Commonwealth of Virginia, the State Board of Community Colleges, and Virginia Western Community College and to provide mechanisms for reporting and resolving harassment complaints. This policy is promulgated pursuant to Department of Human Resource Management Policy #2.30 and Section 3 of the VCCS Policy Manual.

II. DEFINITIONS

A. Workplace Harassment is defined as any unwelcome verbal, written or physical conduct that either degrades or shows hostility or aversion towards a person on the basis of race, color, national origin, age, sex, sexual orientation, religion, disability, marital status or pregnancy and that: (1) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (2) has the purpose or effect of unreasonably interfering with an employee's work performance; or (3) affects an employee's employment opportunities or compensation.

B. Retaliation is defined as overt or covert acts of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against an individual or group exercising rights under this policy.

C. Sexual Harassment is defined as any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct or written communications of an intimidating, hostile, or offensive sexual nature by a manager, supervisor, co-worker or non-employee (third party). Sexual harassment occurs when (1) submission to the aforementioned conduct is made, either explicitly or implicitly, a condition of employment; (2) such conduct has the purpose or effect of unreasonable interference with a person’s job performance by creating an intimidating, hostile or offensive working environment; or (3) submission to such conduct by an individual is used as the basis for employment decisions affecting that individual. This is based upon Part 1604.11, Discrimination Because of Sexual Harassment, of Title VII, Section 703, of the Civil Rights Act of 1964, as amended.

D. Third Party is defined as an individual who is not a state employee, but who has business interactions with state employees. Such individuals include, but are not limited to: customers (including applicants for state employment or services), vendors, contractors or volunteers.

III. COVERAGE OF PERSONNEL: All employees of Virginia Western are covered by this policy.

IV. HARASSMENT COMPLAINT PROCEDURE: VWCC encourages reporting of all perceived incidents of discrimination, harassment, or retaliation, regardless of the offender’s identity or position. Employees and third parties should report incidents of workplace harassment as soon as possible after the incident occurs.

Employees and applicants for employment seeking to remedy workplace harassment may file a complaint with the Human Resources Manager, the President, the Vice Presidents, the College Affirmative Action Officer, their supervisor(s), or any individual(s) designated by the agency to receive such reports. Under no circumstances shall the individual alleging harassment be required to file a complaint with the alleged harasser.

In addition, VWCC encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued. Communicating directly with the offender that the behavior is unwelcome, offensive, hostile, and/or intimidating is important to stopping the behavior and to resolving problems. Often this action alone will resolve the problem. VWCC recognizes, however, that an individual may prefer to pursue the matter through informal or formal complaint procedures.

A. State Complaint Procedure: The employee or applicant may follow the Commonwealth Employees’ Discrimination Complaint Procedure, which is administered by the Office of Equal Employment Services within the Department of Human Resource Management. The Office of Equal Employment Services administers a comprehensive program to ensure equal employment opportunity to applicants for state employment and state employees concerning all privileges and conditions of employment. The Office of Equal Employment Services (OEES) is responsible for enforcing the Governor’s Executive Order concerning equal employment opportunity in state government.

If an employee wishes to file a complaint, he/she can obtain and complete the Discrimination Complaint Form and mail it to OEES. The form can be obtained from the DHRM web site: http://www.dhrm.state.va.us/ees.htm. In addition, a copy of the complaint form is located in the Appendix of this policy.

B. Grievance Procedure: Eligible employees may use the State Employee Grievance Procedure, which is administered by the Department of Employment Dispute Resolution, as a means to address harassment. The Grievance Procedure is one method an employee can use to bring concerns to upper levels of management. This process requires strict adherence to rules and regulations set forth in The Grievance Procedure Handbook. For additional information, visit The Department of Employment Dispute Resolution web site (http://www.edr.state.va.us). For faculty rank employees, the Faculty Grievance Procedure may be utilized to bring concerns or allegations to upper management.

C. Federal Complaint Process: Employees and applicants for Commonwealth employment may file a complaint with the federal Equal Employment Opportunity Commission. Charges may be filed in person, by mail or by telephone by contacting the nearest EEOC office. There are strict time frames in which charges of employment discrimination, such as harassment, must be filed. For more detailed information, consult The Equal Employment Opportunity Commission web site (http://www.eeoc.gov.) or contact the Richmond Area EEOC Office at (804)-278-4651.

D. Assurance Against Retaliation: Employees and third parties who make complaints of workplace harassment, or provide information related to such complaints, will be protected against retaliation. If retaliation occurs, the employee(s) should report the retaliation through the harassment complaint procedure.

V. VIOLATIONS OF THIS POLICY

A. Engaging In Harassment: Any employee who engages in conduct determined to be harassment, or who encourages such conduct by others, shall be subject to corrective action under Policy 1.60, Standards of Conduct, or Section 3 of the VCCS Policy Manual which may include discharge from employment.

B. Allowing Harassment To Continue (Failure to Respond): Managers and/or supervisors who allow workplace harassment to continue or fail to take appropriate corrective action upon becoming aware of the harassment may be considered a party to the offense, even though they may not have engaged in such behavior, and will be subject to disciplinary action under Policy 1.60, Standards of Conduct, or Section 3 of the VCCS Policy Manual, including demotion or discharge.

August, 2002

Revised April, 2003

Revised June, 2006