Unlawful Discrimination and Harassment

 

Unlawful Discrimination and Harassment

Title IX

Purpose 

Persons of the College of Southern Idaho community, guests and visitors have the right to be free from discrimination, harassment, and sexual misconduct. All persons of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others.

The purpose of this Policy is to:

  1. Clearly establish the College’s commitment to provide a campus free from discrimination, harassment, and sexual misconduct.
  2. Define and set forth the procedures for investigating and resolving complaints of such conduct.
  3. Reaffirm these principles and provide recourse for those individuals whose rights have been violated.

This policy shall not be construed or applied to restrict academic freedom at the College of Southern Idaho, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.

Unlawful conduct which adversely impacts the campus, or has the potential to adversely impact the campus, will not be tolerated.

Policy 

Discrimination or harassment of an applicant for employment, a student, a member of the public, or an employee by any individual on the basis of race, color, religion, national origin, gender, age (40 and over), sexual orientation, pregnancy, or disability is in violation of state and/or federal law and will not be tolerated by the College of Southern Idaho.

Human trafficking, or sexual exploitation and abuse, as defined in Executive Order section 103 of the TVPA, 22 U.S.C. 7102(8), will apply to all federal contractors and subcontractors, and includes sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age, or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Exchange of money, employment, goods, or services of sex, including sexual favors or other forms of humiliating, degrading or exploitive behavior is prohibited. This includes exchange of assistance that is due to beneficiaries.

Persons found to be participating in any form of unlawful discrimination, harassment, sexual misconduct, or retaliation against another person for filing a complaint or cooperating with an investigation shall be subject to disciplinary action up to and including termination of employment or expulsion from school.

Responsibility

The College: It is the responsibility of the College to develop this Policy, provide training on this Policy, keep it up to date, and to ensure that any violation of this Policy brought to its attention is dealt with as required by law and according to this Policy. 

College Employees: It is the responsibility of each and every employee to know this Policy and to follow it. All College employees share the responsibility of understanding and preventing unlawful discrimination, harassment, and sexual misconduct and abuse. Supervisors have the responsibility to enforce the policy, to see that new employees receive training on the Policy, to make a regular review with all employees to ensure they know the Policy and to regularly check the workplace to make sure the Policy is being followed.

The College has designated the Director of Human Resources, as the Coordinator for Title VII of Education Amendments of 1964, Title IX of the Education Amendments of 1972, and Sections 503 & 504 of the Rehabilitation Act of 1973, who will be responsible for following the reporting or complaint procedures as set out in this Policy.

Gender-Based Misconduct

Offenses include, but are not limited to:

  1. Verbal, Physical, Visual, and Sexual Harassment
  2. Non-Consensual Sexual Contact (or attempts to commit same)
  3. Non-Consensual Sexual Intercourse (or attempts to commit same)
  4. Sexual Exploitation

VERBAL, PHYSICAL, VISUAL, AND SEXUAL HARASSMENT:

Verbal Harassment -- Includes, but is not limited to epithets, derogatory comments, slurs, propositioning, or otherwise offensive words or comments on the basis of race, color, religion, national origin, sex, age (40 and over) and disability whether made in general, directed to an individual, or to a group of people regardless of whether the behavior was intended to harass. This includes but is not limited to inappropriate sexually-oriented comments, including dress or physical features, sexual rumors, code words, and race-oriented stories, as well as jokes of a sexual or discriminatory nature or “kidding” which is oriented towards a prohibited form of harassment.

Physical Harassment -- Includes, but is not limited to assault, impeding or blocking movement, leering, or the physical interference with normal work, privacy or movement when directed at an individual on the basis of race, color, religion, national origin, sex, age (40 and over) and disability. This includes pinching, patting, grabbing, inappropriate behavior, or making explicit or implied threats or promises in return for submission to physical acts.

Visual Forms of Harassment -- Includes, but is not limited to derogatory, prejudicial, stereotypical or otherwise offensive posters, photographs, cartoons, e-mails, notes, bulletins, drawings or pictures on the basis of race, color, religion, national origin, sex, age (40 and over) and disability. This applies to both posted material and material maintained in or on College equipment or personal property in the workplace.

Sexual Harassment --Includes, but is not limited to any unwelcome: sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature, including sexual assault. Sexual harassment, including sexual assault, can involve persons of the same or opposite sex.

Sexual Harassment is defined as:

  • unwelcome, gender-based verbal or physical conduct that is
  • sufficiently severe, persistent or pervasive that it
  • unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the College of Southern Idaho’s educational programs and/or activities, and is
  • based on power differentials (quid pro quo), the creation of a hostile environments, or retaliation.1

Types of Sexual Harassment:

  • Quid pro quo sexual harassment exists when:
    • there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
    • submission to or rejection of such conduct results in adverse educational or employment action.
  • Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.
    • The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include:
      • the frequency of the conduct;
      • the nature and severity of the conduct;
      • whether the conduct was physically threatening;
      • whether the conduct was humiliating;
      • the effect of the conduct on the alleged victim’s mental or emotional state;
      • whether the conduct was directed at more than one person;
      • whether the conduct arose in the context of other discriminatory conduct;
      • whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
      • whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness
      • whether the speech or conduct deserves the protections of academic freedom or the 1st Amendment.

Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is defined as:

  • any intentional sexual touching,
  • however slight,
  • with any object,
  • by a man or a woman upon a man or a woman,
  • that is without consent and/or by force

Non-Consensual Sexual Intercourse:

Non-Consensual Sexual Intercourse is defined as:

  • any sexual intercourse
  • however slight,
  • with any object,
  • by a man or woman upon a man or a woman,
  • that is without consent and/or by force

Sexual Exploitation:

Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

Sexual Exploitation is defined as:

  • Invasion of sexual privacy;
  • prostituting another person;
  • non-consensual photos, video, or audio-taping of sexual activity;
  • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • engaging in voyeurism;
  • knowingly transmitting an STI or HIV to another person;
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation

Other Misconduct Offenses (Will fall under Title IX when gender-based)

  1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  2. Discrimination, defined as actions that deprive other persons of the community of educational or employment access, benefits or opportunities on the basis of gender;
  3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the College of Southern Idaho community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity;
  5. Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
  6. Violence between those in an intimate relationship to each other;
  7. Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.
  8. Relationship violence is abuse or violence between partners or former partners involving one or more of the following elements; battering that causes bodily injury, purposely or knowingly causing reasonable apprehension of bodily injury, emotional abuse creating apprehension of bodily injury or property damage, or repeated telephonic, electronic, or other forms of communication—anonymously or directly—made with the intent to intimated, terrify, harass, or threaten.

Additional Applicable Definitions

Definitions

Confidentiality, Privacy and Reporting Policy

Confidentiality will be maintained to the fullest extent possible in accordance with applicable federal, state and local law. However, a complete and thorough investigation of the allegations will require the investigator to inform witnesses of certain aspects of the report or compliant in order to obtain an accurate account of the actions of the parties involved.

To Report Confidentially

When consulting campus resources, all parties should be aware of confidentiality, privacy and mandatory reporting in order to make informed choices. On campus, some resources can offer you confidentiality, sharing options and advice without any obligation to tell anyone unless you want them to.

If one desires that details of the incident be kept confidential, they should speak with on-campus mental health counselors or off-campus rape crisis resources, members of the clergy or employee assistance program who can maintain confidentiality. Campus counselors are available to students free of charge. Counseling Services

If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. They will be able to tell you, and help you make decisions about who can help you best.

Non-Confidential Reporting Options

You are encouraged to speak to officials of the institution to make formal reports of incidents. The College of Southern Idaho considers all faculty and staff “responsible employees” with the exception of campus counselors.

  • Notice to anyone in any of these roles is an official notice to the institution. You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the institution when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. Formal reporting means that only people who need to know will be told, and information will be shared only as necessary with investigators, witnesses, and the accused individual.

To Report

CSI follows the practice of due process; i.e., the right to be heard in his or her own defense to provide an equitable method for the administrative resolution of complaints without coercion, restraint, or reprisal against any person for filing or for involvement in a complaint, and to establish a uniform method of filing a complaint. 

If any individual observes unlawful discrimination, he/she should take direct action to report the problem. Employees must take action by notifying their administrator or Director of Human Resources, who will then take prompt steps to address the allegation.

The following complaint procedure should be followed in order to address a report or complaint regarding personnel policies and procedures, practices, working conditions and/or unlawful harassment, discrimination, sexual misconduct and abuse, or retaliation:

  1. A person who feels unlawfully harassed, discriminated against, sexually exploited and abused, or retaliated against should report it to the Director of Human Resources or Associate Dean of Student Affairs. If any employee becomes aware that unlawful conduct is occurring in any College department as a result of an individual coming forward, the employee will immediately report it to the appropriate administrator pursuant to this Policy. Once a complaint of unlawful harassment, discrimination, sexual misconduct and abuse, or retaliation has been made, the complaint cannot be withdrawn by the complainant without a determination that it was made erroneously.
  2. Promptly upon receiving the complaint, the Director of Human Resources or Associate Dean of Student Affairs will initiate the investigation to determine whether there is a reasonable basis for believing that an alleged violation of this Policy occurred.
  3. Investigator will be assigned by either the Director of Human Resources or Associate Dean of Student Affairs, and will interview the complainant, the respondent, and any relevant witnesses to determine whether the unlawful conduct occurred.
  4. The investigator will conclude the investigation and submit a report of their findings.
  5. If it is determined that conduct in violation of the College’s policy has occurred, the Director of Human Resources or Associate Dean of Student Affairs will recommend the appropriate course of action to be taken by the College. 
  6. If the investigation is inconclusive or it is determined that there has been no conduct in violation of this Policy, but some potentially problematic conduct is revealed, corrective action may be taken.
  7. After the investigation is concluded, the Director of Human Resources or Associate Dean of Student Affairs will meet with the complainant and the respondent separately in order to notify them of the findings of the investigation.
  8. All parties will be informed of the colleges appeal process, and their right to exercise a request for appeal.

Sanctions/Disciplinary Action

If unlawful conduct is determined to have occurred, the action will be commensurate with the severity of the offense, up to and including expulsion or termination. The conduct body reserves the right to broaden or lessen any range of recommended sanctions/discipline in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the sanctions unless compelling justification exists to do so.

Retaliatory Harassment

Retaliatory harassment in any manner against a person for filing a charge or initiating a report or compliant, testing in an investigation, providing information or assisting in an investigation, is expressly prohibited and subject to disciplinary action.

False Complaints

Any complaint regarding discrimination or harassment, or sexual misconduct and abuse, which is conclusively proven to be false, will result in discipline up to expulsion or termination. This statement is not intended to discourage individuals from making reports or complaints regarding unlawful conduct. However, false complaints adversely impact the campus and the livelihood of the accused, even when disproved, and will not be tolerated.