Sex Discrimination/Sexual Harassment Policy:

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1. San Juan College is committed to providing a place of work and learning free of sexual misconduct which includes sexual harassment and sexual violence, including sexual assault, dating violence, domestic violence, and stalking. Engaging in sexual behavior that is inappropriate, unwanted and unsolicited is a violation of San Juan College policy. Where sexual harassment is found to have occurred, San Juan College will act to address the reported conduct, to prevent its recurrence, to remedy its effects, and to discipline those responsible in accordance with the San Juan College Employee Handbook and/or San Juan College Student Code of Conduct.

2. No employee or student, either in the workplace or in the academic environment, should be subjected to unwelcome non-verbal, verbal or physical conduct that is of a sexual nature. Even one incident may constitute a violation of San Juan College policy and can be the basis for asserting a complaint.

3. The determination of what constitutes sexual harassment under this policy will be done on a case-by-case basis and depending upon the specific facts and the context in which the conduct occurs. Some conduct may be offensive, inappropriate, unprofessional and/or subject to disciplinary action, but would not constitute sexual harassment under the law. The specific action taken, if any, depends on the nature and the seriousness of the reported conduct and may include disciplinary processes.

4. Under this policy, unwelcome sexual advances, requests for sexual favors, and other non-verbal, verbal or physical conduct of a sexual or gender bias nature, constitutes a violation of policy when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;

b. Submission to or rejection of the conduct is used as a basis for academic or employment decisions or evaluations, or permission to participate in an activity; or

c. The conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or offensive environment in which to work or learn.

5. Sexual harassment may take many forms, subtle and indirect, or blatant and overt.

6. Examples of unwelcome conduct of a sexual or sex related nature that may constitute a violation of policy may include, but are not limited to:

a. Rape, sexual assault, sexual battery, sexual coercion, sexual exploitation, stalking, or other sexual violence, including date and domestic violence;

b. Sexual violence is a physical act perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s age or use of drugs or alcohol. Additionally, a person may be unable to give consent due to an intellectual or other disability (see Paragraph C(4) above);

 c. Sexually explicit or gender related statements, comments, questions, jokes, innuendoes, anecdotes, or gestures;

 d. Uninvited touching, patting, hugging, or purposeful brushing against a person’s body or other inappropriate touching of an individual’s body;

 e. Remarks of a sexual nature about a person’s clothing or body;

 f. Use of technology, electronic mail or computer dissemination of sexually oriented, sex-based communications or sexually explicit images;

 g. Sexual advances, whether or not they involve physical touching;

 h. Requests for sexual favors in exchange for actual or promised job or educational benefits, such as favorable reviews, salary increases, promotions, increased benefits, continued employment, grades, favorable assignments, letters of recommendation;

 i. Displaying sexually suggestive objects, pictures, magazines, cartoons, or screen savers; or

 j. Inquiries, remarks, or discussions about an individual’s sexual experiences or activities and other written or verbal references to sexual conduct.

 

G. Interim and Permanent Protective Measures:

Upon the filing of a complaint, employees and students who have asserted a complaint may receive interim protective measures based on the factual circumstances present in their particular matter, including, but not limited to:

1. No contact orders;

2. Changes in job assignments;

3. Changes in job location;

4. Changes in working hours;

5. Changes in class sections;

6. Changes in group assignments;

7. Escorts while on campus;

8. Orders barring individuals from campus pending investigation, hearing and determination.

At the conclusion of the grievance process, the College may make interim protective measures permanent and ongoing unless formally rescinded.

H. Retaliation:

1. Retaliation against an individual who in good faith complains of alleged discrimination or sexual harassment or provides information in an investigation about behavior that may violate this policy is prohibited 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 discrimination or sexual harassment complaint in good faith 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.

2. “Retaliation” may include, but is not limited to, such conduct or adverse actions as:

a. Adverse direct or indirect action taken to keep someone from opposing a discriminatory practice, or from prosecuting or participating in a discrimination proceeding;

b. Employment actions such as termination, refusal to hire, and denial of promotion;

c. Threats, unjustified negative evaluations, unjustified negative references, or increased surveillance;

d. Action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights;

e. An unfair or unjustified grade; or

f. Using a third person to engage in the improper retaliatory conduct.

Note that petty slights and annoyances, such as an isolated negative comment in an otherwise positive or neutral evaluation, ignoring a colleague, or negative comments that are justified by an employee’s or student’s poor work/academic performance or history would not be considered adverse actions.

I. Applicability and Sanctions:

1. All students and employees are subject to this policy. Because complaints may also be filed against visitors, consultants, independent contractors and outside vendors whose conduct violates these policies, the possible sanctions of limiting access to campus facilities and other measures to protect the campus community may be imposed.

2. Upon a determination that sexual violence, dating violence, domestic violence, stalking, or any other form of sexual misconduct has taken place, San Juan College may enter sanctions against the perpetrator as outlined in the San Juan College Employee Handbook or San Juan College Student Code of Conduct, including, but not limited to:

a. Permanent prohibition from campus;

b. Expulsion;

c. Suspension for set period of time;

d. Change in class assignment and advisors;

e. Transfers or changes in class assignment;

f. Prohibitions from certain areas of campus;

g. Written warnings;

h. Verbal warnings;

i. Dismissal from employment;

j. Suspension from employment;

k. Reassignment of job duties;

l. Probation.

J. Policy Statement Distribution:

1. The President’s Equal Opportunity Statement dated November 2012 references the official position of San Juan College as contained in this policy. All employees will be provided the President’s policy statement on an annual basis. The Human Resources Office and/or the EEO/Title IX Coordinator will maintain documentation (written or electronic) that each employee received the President’s policy statement. New employees will be provided a copy of the President’s policy statement at the time of hire, generally at the onboarding orientation, and documentation will be maintained by the Human Resources Office. Additionally, the President’s policy statement will be provided to students at least annually. The distribution and receipt documentation may be accomplished electronically for either employees or students. The complete text of this policy will be maintained on the San Juan College website.

Complaints, Investigation, Determinations:

1. San Juan College recognizes the right of all students to file complaints regarding sexual harassment, including sexual assault, dating and domestic violence, and stalking and alleging discrimination on the basis of sex (includes pregnancy), sexual orientation, and gender identity. It is the goal of San Juan College to complete this process within sixty (60) days from the date of any complaint.

2. Students may begin the complaint process when they feel their rights have been violated by sexual harassment or unfair treatment because of sex (includes pregnancy), sexual orientation or gender identity by meeting with the EEO/Title IX Coordinator to describe the reasons for the complaint, the related circumstances, and the desired resolution. To assist in timely resolutions, students should begin these procedures as soon as possible after the incident. Students will be asked to sign a form documenting these conversations.

3. The EEO/Title IX Coordinator is under obligation by law to investigate any charges of discrimination or unfair treatment. Upon receipt of the complaint, the EEO/Title IX Coordinator will conduct a thorough and impartial investigation after obtaining a written consent to the investigation from the complaining student (or the parent if under the age of 18).

4. After thorough investigation, the EEO/Title IX Coordinator will attempt to facilitate informal conferences and negotiations, toward a mutually satisfactory resolution.

5. If a complaint cannot be resolved informally, the EEO/Title IX Coordinator will make a determination within thirty (30) College work days from the date the complaint was received.

6. San Juan College will use a preponderance of the evidence standard in all determination proceedings involving sexual violence or sexual misconduct, including sexual harassment. This means that the standard of proof is whether the evidence presented makes it “more likely than not” that the alleged misconduct occurred.

7. The decision of the EEO/Title IX Coordinator will be made in writing and given to both the complaining and responding party, as well as the Vice President for Student Services. The complaining party will only be notified of any sanctions imposed on the respondent if the sanctions directly relate to the complaining student.

8. If it is determined that there was a hostile environment or an environment that allowed sexual violence to take place, the EEO/Title IX Coordinator and the Vice President for Student Services will take immediate action to eliminate the hostile environment to prevent its reoccurrence and address its effects.

Appeal Process for Students:

1. Any party who is dissatisfied with the determination has the right to file an appeal within fifteen (15) working days of notification of the decision. A written notice of appeal must be filed by the aggrieved party with the Office of the Vice President of Student Services.

2. The Vice President of Student Services has ten (10) working days from receipt of the signed notice of appeal to schedule in a timely manner an appeals panel to hear the matter. The appeal will be considered do novo by the appeal panel, which shall not be bound by the determination made by the EEO/Title IX Coordinator.

3. Upon receipt of the written notice of appeal, the Vice President for Student Services for his/her designee will appoint an appeal panel composed of six (6) persons and a chairperson. The membership of the Committee will include:

a. Two (2) faculty members (outside the department of the alleged discrimination occurrence);

b. Two (2) professional staff members (outside the department of the alleged discrimination occurrence);

c. Two (2) students; and

d. Representative staff member from Human Resource Office other than the EEO/Title IX Coordinator of their designee.

4. The Vice President will mail a notification of the formal appeal hearing to all individuals involved, within ten (10) working days after the receipt of the written notice of appeal.

5. The appeal panel will provide all involved individuals an opportunity to present relevant evidence and witnesses and present arguments and the hearing will comply with due process requirements. Cross examination of the complainant or responding party will be done by written questions submitted to the Vice President for Student Services after a short break in the hearing to minimize the potential for a hostile environment. The appellant at the appeal hearing may have an advisor to consult and support them. Advisors may not speak at the hearing, may not address the panel, or question witnesses. Advisors who are disruptive or fail to follow these rules will be removed. Specific guidelines for the appeal hearing are located in the Student Handbook [link].

6. The appeal panel will determine the outcome of the appeal based on all information presented at the appeal hearing and will use the preponderance of evidence standard. The outcome of the appeal will be determined by majority vote of the participating appeal panel participants.

7. The written decision of the appeal panel will be given to the individuals involved, the Title IX Coordinator, the Vice President for Student Services, and the five (5) working days following the completion of the appeal hearing. The complainant will only be notified of any sanctions imposed on the respondent if the sanction directly relates to the complaining student.

8. Any decision of the appeal panel may be appealed to the President within ten (10) working days following the hearing by delivering a written notice of appeal to the Office of the President. Upon receipt of the written notice for appeal, the President will review the decision based on the record presented within thirty (30) working days. There will be no appearance or oral argument presented to the President. The decision of the President is final and non-appealable.

9. Records of the appeal panel decision will be kept in the Office of the Vice President for Student Services and the EEO/Title IX Coordinator.

10. All students are notified that they also have a right to file complaints with the appropriate state, federal, regional or national agency, if they choose, including filing complaint with local law enforcement for sexual violence complaints.

11. Penalties: Cases for students who are found to have violated the San Juan College Student Code of Conduct will be referred to the Vice President of Student Services. Sanctions for students may include any of the actions listed in Section I above.