Human Resources

EDMONDS COMMUNITY COLLEGE

WASHINGTON STATE COMMUNITY COLLEGE DISTRICT 23

6.3.106 SEXUAL HARASSMENT POLICY

BASIC POLICY STATEMENT

Edmonds Community College is committed to providing a professional working and learning environment free of sexual harassment and all forms of sexual intimidation and exploitation. Sexual harassment is a form of sex discrimination and is illegal.

DEFINITION

The determination of what constitutes sexual harassment will vary with the particular circumstances. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, verbal and written comments of a sexual nature, and/or visual or physical conduct of a sexual nature made by someone from or in the work or educational setting, when:

a. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, a term or condition of instruction, or participation in a college activity; or

b. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably and substantially interfering with an individual's performance or creating an intimidating, hostile, or offensive working or educational environment or of adversely affecting the employee's or student's performance, advancement, or any other condition of work or educational programs.

d. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, assignments, programs or activities available on or through the educational institution.

In relation to the foregoing statements, sexually harassing behavior may include, but is not limited to, the following:

Unwelcome touching of an individual's body or clothes in a sexual way.
Any suggestive or unwelcome physical contact; any aggressiveness such as touching, pinching, or patting.
Unwelcome sexual flirtations, advances, propositions, or leering.
Favoritism based on a sexual relationship (or adverse impact on other members of a group).
Verbal remarks of a sexual nature whether directed to an individual or a group, or in the guise of humor, including sexually explicit derogatory remarks, suggestive comments, demands or jokes found to be offensive or objectionable to the recipient.
Unwelcome spreading of sexual rumors.
Use of sexually-oriented photos, posters, cartoons, materials, or themes unrelated to instruction and/or the pursuit of knowledge.
Graphic or degrading verbal, written or electronic comments of a sexual nature about an individual or the individual's appearance.
Actual or threatened physical assault.
Cornering or blocking of a sexual nature of normal movement.

There are two basic kinds of sexual harassment: a) the quid pro quo type, in which submission to or rejection of the sexual conduct is used as the basis for employment or academic decisions affecting an individual, or b) the hostile environment type, in which the sexual conduct creates an intimidating, hostile, or offensive college environment.

The Edmonds Community College Policy does not proscribe all conduct of a sexual nature on the campus. Thus, it is important to clearly define sexual harassment: only unwelcome sexual conduct constitutes a violation. Conduct is unwelcome if the recipient did not solicit or incite it and regarded the conduct as undesirable or offensive. It is not the intent behind the sexual behavior that controls; rather, it is the impact on the recipient, i.e., the unwelcomeness of the behavior that matters.

Sexual harassment is not limited by gender or by superior-subordinate relationships. The fact that the parties may have had a previous consensual sexual relationship shall not be a defense against a complaint based on subsequent unwelcome sexually harassing behavior.

COLLEGE ACTION

Edmonds Community College is prepared to take preventive and corrective action in cases of sexual harassment. Individuals who engage in such misconduct and/or retaliation are subject to appropriate disciplinary action, up to and including termination of employment, and/or expulsion from the college.

The college has both a moral and a legal obligation and a duty to take complaints of sexual harassment seriously. At the same time, the college recognizes the sensitivity of the issue. The right to confidentiality of all parties involved in a sexual harassment charge shall be maintained to the fullest extent possible during the course of the investigation. Information shall be disclosed only on a need-to-know basis to appropriate administrative officers as required by federal and state law.

The best tool for the elimination of sexual harassment is prevention; therefore, the college will provide training and education designed to eliminate and prevent sexual harassment in the college.

RESPONSIBILITIES OF SUPERVISORS

Edmonds Community College is committed to respecting all parties involved in the sexual harassment resolution process. College supervisors may be responsible under federal or state law if they know or should have known about sexual harassment and failed to take appropriate action. They must report any and all incidents or complaints of sexual harassment to the Vice President of Human Resources, the college's EEO/Affirmative Action Officer, even if such complaints or incidents have been resolved within the department. The college will provide training for supervisors on how to fulfill their responsibilities under this policy.

REPORTING PROCEDURE/INVESTIGATION

Edmonds Community College encourages and expects employees and students to immediately report incidents of sexual harassment to their supervisor, other college official, or the Vice President of Human Resources or designee.

Any supervisor or other college official who receives a report, verbally or in writing, from any employee or student regarding sexual harassment of that employee or student by another employee, non-employee doing business with the college, or student in the work setting must notify the Vice President of Human Resources within forty-eight (48) hours or within a reasonable extension of time thereafter for good cause.

No employee shall be required to report an allegation of sexual harassment to the individual who is the harasser.

All complaints of sexual harassment will be investigated and attempts made to resolve them.

Upon receipt of an allegation of sexual harassment, the Vice President of Human Resources will designate an investigator who will initiate an investigation into the complaint within seventy-two (72) hours.

Each complaint of sexual harassment shall be promptly investigated in a way that respects the privacy of all parties concerned to the extent permitted by law and to the extent practical and appropriate under the circumstances.

The complaint investigator will put his/her findings in writing and will forward a copy to the Vice President of Human Resources within two weeks or a reasonable extension of time thereafter for good cause after concluding the investigation.

The Vice President of Human Resources will communicate the investigator's findings to the complainant and the alleged harasser as expeditiously as possible.

Results may be indeterminate. If so, the matter will be recorded as unresolved and the record of the investigation will be maintained by the college separate and apart from any student or personnel file.

An informal hearing may be substituted for investigation if the complainant and the accused agree. The Vice President of Human Resources, or designee, will be responsible for investigating the complaint and discussing the complaint with the one accused. The Vice President of Human Resources, or designee, will make a written recommendation to the President within a reasonable time following the close of the investigation or hearing.

Appropriate corrective measures will be decided by the president of the college or designee upon consultation with the Vice President of Human Resources and the appropriate administrators or supervisors involved. If an accused employee or student disagrees with the determination or appropriateness of the corrective measures, that individual may contest those measures through the formal faculty or classified grievance procedures or the student disciplinary code, as appropriate.

Information will be entered in the personnel or student file only to the extent that a formal reprimand or other disciplinary action has been taken against the accused. If no disciplinary action is taken, the Vice President of Human Resources will keep a record of the investigation accessible to appropriate administrative personnel, the complainant and the accused. If a formal complaint is filed with an outside state or federal agency, files will be maintained in the same manner as other internal investigation records. When such files are used, written notice will be placed in the file indicating the person using the file and the date used.

RETALIATION PROHIBITED

Edmonds Community College prohibits retaliatory behavior against any complainant or any participant in the complaint process. The initiation of a complaint of sexual harassment will not reflect negatively on the employee who initiates the complaint nor will it effect the employee's job assignment, status, rights, privileges or benefits.

Any employee who retaliates against any individual who has either made a complaint of sexual harassment or has participated in an investigation of a complaint of sexual harassment will be subject to disciplinary action up to and including dismissal.

Any non-employee doing business with the college who retaliates against any individual who has made a complaint of sexual harassment or participated in an investigation of a complaint of sexual harassment will be disciplined subject to the extent that the college has control over the non-employee or his or her employer.

OTHER PROCEDURES AND REMEDIES:

Anyone who is subjected to offensive sexual behavior is encouraged to pursue the matter through either specific procedures established by college regulations, appropriate formal grievance procedures, or the means afforded them through Chapter 49.60 RCW or under Title VII or Title IX of the federal Civil Rights Act, as amended in 1991.

The internal procedures described herein are internal college procedures and, as such, serve to resolve complaints within the college's administrative framework. These procedures do not replace an individual's timely complaint with an external agency such as the Office of Civil Rights, Equal Employment Opportunity Commission, or the Washington State Human Rights Commission.

Equal Employment Opportunity Commission (for employees)
909 1st Avenue, Suite 400
Seattle, WA 98104-1061
(206) 220-6883 or 1-800-669-4000
TDD (206) 220-6882
Office of Civil Rights (for student complaints)
915 2nd Avenue, Room 3310
Seattle, WA 98174-1099
(206) 220-7900
TDD (206) 220-7907
Washington State Human Rights Commission (for employees and students)
711 S. Capitol Way, Suite 402
PO Box 42490
Olympia, WA 98504-2490
(360) 753-6770
TDD 1-800-300-7525

Adopted 12/83

Amended 5/95 - Resolution # 95-5-3

#8786 - 5/95