Unlawful Discrimination and Harassment

 

Unlawful Discrimination and Harassment

The College of Southern Idaho subscribes to the policy of providing equal educational and employment opportunities, services, and benefits to students and employees without regard to age, race, color, national origin, sex, religion, and/or disability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and all other state and federal non-discrimination statutes. Appropriate consideration shall be given to veterans in accordance with applicable state and federal laws and regulations.

Compliance Officer
Monty Arrossa
Human Resources Director
(208) 732-6267 
College of Southern Idaho
315 Falls Avenue
P.O. Box 1238
Twin Falls, ID  83303-1238

The College of Southern Idaho is committed to providing an environment free from unlawful discrimination and harassment. CSI takes complaints of illegal discrimination or harassment seriously and all complaints are investigated. Complaint/grievance procedures concerning student conduct are outlined in the Student Code of Conduct and provide for prompt and equitable resolution of complaints.

Students found to be participating in any form of unlawful discrimination, harassment, or retaliation against another student or College employee for filing a complaint or cooperating with an investigation shall be subject to disciplinary action up to and including expulsion from the College.

Title IX

Title IX provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under Title IX, Congress can withhold federal funds from colleges or universities that allow sexual discrimination.

The purpose of Title IX is to ensure that public are not utilized in ways that encourage, subsidize, permit, or result in prohibited gender/sex discrimination.  It prohibits conduct by a recipient of federal financial assistance that results in a person being "excluded from participation in, . . . denied the benefits of, or . . . subjected to discrimination under" a federally-assisted program or activity. Title IX recognizes three general types of prohibited discrimination: (1) disparate treatment, (2) disparate impact, and (3) retaliation.

Sexual Misconduct

Sexual misconduct includes but it is not limited to:

  • sexual harassment
  • non-consensual sexual contact
  • non-consensual sexual intercourse
  • indecent exposure
  • sexual exploitation

Students found responsible for sexual misconduct will be subject to disciplinary action, up to and including suspension and expulsion.  Students may also face criminal or civil charges in addition to College sanctions.
 
Sexual Harassment

Sexual harassment may include any unwelcome sexual advance or request for sexual favor, made by an employee, student, or agent of the College to a student or employee of the College.

Sexual harassment includes both “quid pro quo” and “hostile environment.” 

  • "Quid pro quo" harassment exists where submission to unlawful harassment is used as the basis for employment or educational decisions.
  • The standard for "hostile environment" is defined differently under Title VII (applies to employment) and Title IX (applies to educational setting).
    • “Hostile environment” under Title VII refers to conduct that is severe or pervasive.
    • “Hostile environment” under Title IX refers to conduct that is severe and pervasive and objectively offensive.

Sexual harassment can occur in both the learning and working environment.  When the alleged harasser is an employee of the College, complaints should be filed promptly with the employee’s direct supervisor or the Human Resources Department.  Students should also notify the Dean of Student Services.  Employees at the College are required to comply with the College’s Unlawful Workplace Discrimination and Harassment Policy and Complaint Procedure.

When the alleged harasser is a student of the College, complaints should be filed promptly with the Dean of Student Services or Campus Security.  If the alleged victim is an employee, the employee should also notify his/her supervisor or the Human Resources Department.   
  
Student-on-Student Sexual Harassment

When both the alleged harasser and alleged victim are students, the complaint should be filed promptly with the Dean of Student Services or Campus Security.

Conduct that creates a hostile environment that is so severe, pervasive, and objectively offensive that it undermines the victim’s educational experience and denies equal access to the College’s resources and opportunities is strictly prohibited. 

  • Conduct must be clearly unreasonable in light of known circumstances
  • Conduct must be directed at an individual
  • Conduct must be unwelcome
  • Conduct must discriminate against the individual
  • Conduct must be based on sex or gender

There is a difference between pure speech/expression and conduct - pure speech and expression cannot create a hostile environment unless it so undermines and detracts from the victim’s educational experience that the student is effectively denied equal access to the College’s resources and opportunities.