Revision Responsibility: Title IX Compliance Officer
Responsible Executive Office: Vice President of Academic Affairs
Purpose: To explain the procedure relative to the orderly resolution of complaints of sexual discrimination at Platt College. Fair and prompt consideration shall be given to all complaints of discrimination in accordance with the procedures set forth below. These procedures may be utilized by any employee or applicant for employment who believes he or she has been subjected to discrimination.
Sexual discrimination has been held to constitute forms of discrimination prohibited by Title VI, Title VII of the Civil Rights Act of 1964, as amended and Title IX of the Educational Amendments of 1972.
A. Sexual Discrimination
Generally, sexual discrimination (harassment) may be defined as unwelcome sexual advances, requests for sexual favors, unwanted conduct based on an individeual's actual or perceived sex, and other verbal or physical conduct of a sexual nature when one of the following criteria is met:
Sexual discrimination can take many forms, but most sexual discrimination falls into three categories: verbal, visual, and physical. Some examples of behavior that may constitute sexual discrimination are:
The examples listed above are not exclusive, but simply represent types of conduct that may constitute sexual discrimination. College policies may delineate additional examples.
Not every act that might be offensive to an individual or a group will be considered discrimination or harassment. Whether the alleged conduct constitutes sexual discrimination or harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurs. Discrimination does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum.
Please note that sexual assaults may be criminal acts and as such, investigation and processing by the criminal justice system, local police, and crisis intervention centers may supersede or occur in addition to the process developed under this policy.
Engaging in a consensual relationship with a student over whom the faculty member has either grading, supervisory, or other evaluative authority constitutes a conflict of interest. These relationships could lead to undue favoritism or the perception of undue favoritism, abuse of power, compromised judgment or impaired objectivity. The faculty member must take steps to remove the conflict by assigning a different individual to supervise the student; resigning from the student’s academic committees; or by terminating the relationship at least while the student is in his/her class. Likewise, it is a conflict of interest for a supervisor to engage in a consensual relationship with a subordinate over whom he or she has evaluative or supervisory authority. The supervisor must take action to resolve the conflict of interest by, for example, assigning another individual to supervise and/or evaluate the subordinate.
The Legal Definition of Sexual Harassment
Sexual harassment is a form of gender discrimination and violates both Title VII of the 1964 Civil Rights Act as well as State discrimination laws. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal law.
The EEOC's guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
submission to such conduct is made an implicit or explicit condition of employment;
B. Racial Discrimination
Generally, racial discrimination is defined as any person's conduct which unreasonably interferes with an employee's or student's status or performance by creating an intimidating, hostile, or offensive working or educational environment. Discrimination on the basis of race, color, or national origin, includes offensive or demeaning treatment of an individual, where such treatment is based on prejudiced stereotypes of a group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin. Title VII requires employers to take prompt action to prevent bigots from expressing their opinions in a way which abuses or offends their coworkers.
The College must take measures to periodically educate and train employees regarding conduct that could constitute a violation of this guideline. All employees, including faculty members, are expected to participate in annual education to be knowledgeable of policies and guidelines concerning discrimination.
All employees are subject to this guideline. Any employee found to have violated this guideline by engaging in behavior constituting discrimination will be subject to disciplinary action which may include dismissal, expulsion or termination, or other appropriate sanction.
All employees, under the direction of the Title IX Compliance Officer, are responsible for taking reasonable and necessary action to prevent and discourage discrimination, and are required to promptly report conduct that could be in violation of Platt College’s institutional policies and guidelines. Such reporting should occur when information concerning a complaint is received formally or informally.
C. Hostile Environment
Discrimination based on sex, pregnancy, gender identity, gender expression, or sexual orientation that is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from the college’s programs, services, opportunities, or activities.
A Hostile Environment can be created by anyone involved in a college program or activity (e.g., administrators, faculty members, students, and campus visitors). Mere offensiveness is not enough to create a Hostile Environment. Although repeated incidents increase the likelihood that harassment has created a Hostile Environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
In determining whether harassment has created a Hostile Environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.
Also, the following factors will be considered:
In situations that require immediate action because of safety or other concerns, the institution may take any administrative action which is appropriate, e.g., administrative leave with pay pending the outcome of the investigation. Employees may be placed on interim suspension under the appropriate circumstances pending the outcome of the investigation.
The Colorado Department of Education is responsible for assuring compliance with this guideline and may be contacted at http://www.cde.state.co.us/ or 1-303-866-6600 or by contacting the EEO/AA at www.eeoc.gov or by contacting Platt College’s accrediting body ACCSC at www.accsc.org/ or 1-703-247-4212
B. Filing Complaints
|Policy Appendix: Sexual and/or Racial Harassment Complaint Form|
Revised: August 6, 2009 known as Sexual and Racial Harrassment Policy for both students and employees, April 11, 2016 to separate the policy to sexual harrassment for employees and racial harrassment for employees based on updated Title IX guidelines, Discrimation/Harrassment Complaint Form updated to Sexual Harrassment Complaint Form