DMACC Student Handbook: Policies & Procedures

Discrimination/Harassment

(Educational Services Procedure 4645)

A College student who believes that College policies or procedures on equal opportunity in employment or education have been violated, resulting in discriminatory treatment on the basis of race, color, national origin, creed, religion, gender, sexual orientation, age, disability, or to the extent covered by law, veteran status, may file a formal complaint through the College Discrimination Complaint Procedure for Students. Harassment that is based upon the aforementioned categories is a form of discrimination. Subjecting a person to coercion or retaliation for filing a complaint or providing information regarding a complaint is prohibited. This is a companion procedure to HR 3005

A. Harassment

Harassment is verbal or physical conduct or graphic display which is offensive or shows malice toward an individual because of his/her race, color, creed, religion, gender, sexual orientation, national origin, age, disability or, to the extent covered by law, veteran status. Examples of prohibited behavior include:

1. Abuse that diminishes the dignity of an individual through insulting or degrading remarks or conduct such as racial or ethnic slurs, written or graphic material which shows malice or ridicule toward an individual or group, jokes which are demeaning to a racial or religious group or to a particular nationality or to one’s gender.

2. Threats, demands or suggestions that an employee’s work status, a student’s academic progress, or an applicant’s employment opportunity is contingent upon his/her toleration of or acquiescence to harassment.

B. Sexual Harassment

Sexual harassment is a form of harassment which is based upon an individual’s gender. It includes, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of status as an employee, a student or an applicant for employment;

OR

2. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual’s work status, academic progress or employment opportunities;

OR

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work status, academic progress or employment opportunities or creating an intimidating, hostile, or offensive working or academic environment.

C. Complaint Procedures

If an individual believes s/he is being harassed on the basis of a protected status (e.g. sex, race, etc.), s/he should make his/her objections known to the alleged harasser. If this fails to stop the objectionable behavior, or if the individual is not comfortable confronting the alleged harasser, s/he should immediately bring the matter to the attention of the employee’s current supervisor, a College administrator, ombudsperson, or the Judicial Officer.

Harassment complaints may be filed formally (in writing on the Discrimination Complaint Form for Students) or informally (verbally). If an individual elects not to file a formal complaint, the College shall still be obligated to investigate the individual’s allegations.

Arrangements shall be made if the complainant wishes to speak specifically to a male or female investigator.

All reported complaints shall be investigated. Investigators shall maintain the role of a neutral in the investigation process. Investigations shall be conducted in a thorough and objective manner to determine the facts. Investigations may involve the collection of data/evidence from 3rd parties and witnesses.

Information related to a complaint shall be kept confidential to the maximum extent possible. Selected information, including the name of the reporting party, may be disclosed as deemed necessary by the person in charge of the investigation.

Time limits may be extended by written mutual agreement of the parties. If a complainant fails to proceed to the next step within the prescribed time limits, the complaint shall be considered closed based upon the last response. If the administration fails to respond within the prescribed time limits, the complainant may proceed to the next step.

The College expressly prohibits the intentional filing of a false discrimination claim. An intentional false claim is different from a claim where the conclusion is unfounded or of no eventual determination. Filing of a false discrimination claim may result in sanctions according to Student Conduct, Discipline and Appeals, ES 4630.

If an individual believes he/she is being harassed on the basis of a protected status (e.g., sex, race, etc.), they should make their objections known to the alleged harasser. If this fails to stop the objectionable behavior, or the individual is not comfortable confronting the alleged harasser, they should immediately bring the matter to the attention of the Dean/Provost, campus Ombudsperson, or Judicial Officer, who can provide the student with the Discrimination Complaint. Procedures (ES 4645) located at www.dmacc.edu/handbook/ polprocedures/es4645.pdf.

All reported complaints shall be investigated and information related to a complaint shall be kept confidential to the maximum extent possible. Selected information, including the name of the reporting party, may be disclosed as deemed necessary by the person in charge of the investigation. The College expressly prohibits the intentional filing of a false discrimination claim. An intentional false claim is different from a claim where the conclusion is unfounded or of no eventual determination.