HIGHLINE COLLEGE NONDISCRIMINATION-HARASSMENT POLICY (4110)

Procedure Contact: Executive Director of Human Resources, EEO Coordinator

Discrimination, Harassment & Retaliation Policy

Highline College recognizes its responsibility for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal, as required by Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Sections 504 and 508 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and ADA Amendment Act, the Age Discrimination Act of 1975, the Violence Against Women Reauthorization Act and Washington State’s Law Against Discrimination, Chapter 49.60 RCW and their implementing regulations. To this end, Highline College has enacted policies prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the College or from employment.

College policy:

1. Prohibits discrimination or harassment against a member of the Highline community because of race, color, creed, religion, national origin, citizenship, sex, pregnancy, age, marital status, sexual orientation, gender identity or expression, genetic information, disability, veteran status or any other prohibited basis per RCW 49.60.030, 040 and other federal and laws and regulations, or participation in the complaint process.
2. Prohibits any member of the college community, including, but not limited to, faculty, staff, student employees, and students at Highline’s campus and satellite locations, from discriminating against or unlawfully harassing a member of the public on any of the above grounds while engaged in activities directly related to the nature of their college affiliation.
3. Prohibits retaliation against any individual who reports concerns regarding discrimination or harassment, or who cooperates with or participates in any investigation of allegations of discrimination, harassment, or retaliation under this policy, or any individual who is perceived to have engaged in any of these actions.

This policy applies to discriminatory, harassing, or retaliatory conduct whether physical, verbal, or non-verbal, occurring:

1. Anywhere on the college’s campuses (including vehicles)
2. At any college-sponsored event or activity, whether on- or off-campus (such as social functions, athletic events, celebrations, or conferences);
3. Off-campus, when such conduct adversely affects a member or members of the college community or the pursuit of the college’s objectives; or
4. Through the college’s computer, telephone, or other electronic communication systems.

This policy does not alter or modify laws, regulations, or college policies applicable to the legitimate exercise of academic freedom or constitutionally-protected rights.

Equal Opportunity & Affirmative Action

In accordance with Highline’s Equal Employment Opportunity Policy (4080) and applicable federal and state laws and regulations, the college, as a federal contractor, takes affirmative action to ensure equality of opportunity in all aspects of employment without regard to race, color, religion, sex, and national origin, and to employ and advance individuals with disabilities and protected veterans.

Definitions

Terms used in this policy are intended to have the meaning given to them by applicable federal or state laws and regulations.

1. Complainant: employee(s), applicant(s), student(s), or visitors(s) of Highline College who alleges that she or he has been subjected to discrimination or harassment due to their membership in a protected class.
2. Complaint: a description of facts that allege violation of the College’s policy against discrimination or harassment.
3. Consent: knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Each party has the responsibility to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
   A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct.
   Intoxication is not a defense against allegations that an individual has engaged in nonconsensual sexual conduct.
4. Discrimination: unfavorable treatment of a person based on that person’s membership or perceived membership in a protected class. Harassment is a form of discrimination.
5. Harassment: a form of discrimination consisting of physical or verbal conduct that denigrates or shows hostility toward an individual because of their membership in a protected class or their perceived membership in a protected class. Harassment occurs when the conduct is sufficiently severe, persistent, or pervasive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational and/or social programs [and/or student housing]. Petty slights, annoyances, offensive utterances, and isolated incidents (unless extremely serious) typically do not qualify as harassment. Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following:
   1. Epithets, “jokes,” ridicule, mockery or other offensive or derogatory conduct focused upon an individual’s membership in a protected class.
   2. Verbal or physical threats of violence or physical contact directed towards an individual based upon their membership in a protected class.
   4. Making, posting, emailing, texting, or otherwise circulating demeaning or offensive pictures, cartoons, graffiti, notes or other materials that relate to race, ethnic origin, gender or any other protected class.
6. Protected Class: persons who are protected under state or federal civil rights laws, including laws that prohibit discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, or use of a trained guide dog or service animal.
7. Resolution: the means by which the complaint is finally addressed. This may be accomplished through informal or formal processes, including counseling, mediation, or the formal imposition of discipline sanction.
8. Respondent: person or persons who are members of the campus community who allegedly discriminated against or harassed another person or persons.
9. Sexual Harassment: a form of discrimination consisting of unwelcome, gender-based verbal, written, electronic and/or physical conduct. Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s gender. There are two types of sexual harassment.
   1. Hostile Environment Sexual Harassment occurs when the conduct is sufficiently severe, persistent, or pervasive that it has the effect of altering the terms or conditions of employment or substantially limiting the ability of a student to participate in or benefit from the College’s educational and/or social programs [and/or student housing].
   2. Quid Pro Quo Sexual Harassment occurs when an individual in a position of real or perceived authority, conditions the receipt of a benefit upon granting of sexual favors.
   3. Examples of conduct that may qualify as sexual harassment include:
      1. Persistent comments or questions of a sexual nature.
      2. A supervisor who gives an employee a raise in exchange for submitting to sexual advances.
      3. An instructor who promises a student a better grade in exchange for sexual favors.
      4. Sexually explicit statements, questions, jokes, or anecdotes.
      5. Unwelcome touching, patting, hugging, kissing, or brushing against an individual’s body.
      6. Remarks of a sexual nature about an individual’s clothing, body, or speculations about previous sexual experiences.
      7. Persistent, unwanted attempts to change a professional relationship to an amorous relationship.
      8. Direct or indirect propositions for sexual activity.
      9. Unwelcome letters, emails, texts, telephone calls, or other communications referring to or depicting sexual activities.
10. Sexual Violence: is a type of sexual discrimination and harassment that includes:
    1. Nonconsensual sexual intercourse. Any actual or attempted sexual intercourse (anal, oral, or vaginal), however slight, with any object or body part, by a person upon another person, that is without Consent and/or by force. Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact.
    2. Nonconsensual sexual contact. Any actual or attempted sexual touching, however slight, with any body part or object, by a person upon another person that is without Consent and/or by force. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
    3. Incest. Sexual intercourse or sexual contact with a person known to be related to them, either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either wholly or half related. Descendant includes stepchildren, and adopted children under the age of eighteen (18).
    4. Statutory Rape. Consensual intercourse between a person who is eighteen (18) years of age or older, and a person who is under the age of sixteen (16).
    5. Domestic violence. Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of State of Washington, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.
    6. Dating violence, Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors:
       1. The length of the relationship;
       2. The type of relationship; and
       3. The frequency of interaction between the persons involved in the relationship
    7. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (i) fear for their safety or the safety of others; or (ii) suffer substantial emotional distress.

Application of Policy

1. Employment: The college will recruit, train, and promote individuals without regard to race, color, creed, religion, national origin, sex, pregnancy, age, marital status, sexual orientation, gender identity or expression, disability, or veteran status and based upon their qualifications and ability to do the job. Except as required by law, all personnel-related decisions or provisions such as compensation, benefits, layoffs, return from layoff, college-sponsored training, education, tuition assistance, and social and recreational programs will be administered without regard to race, color, creed, religion, national origin, citizenship, sex, pregnancy, age, marital status, sexual orientation, gender identity or expression, disability, or veteran status.
2. Recruitment: The college seeks affirmatively to recruit qualified minority group members, women, protected veterans, and individuals with disabilities in all levels of employment as part of its commitment as a federal contractor.
3. Nondiscrimination: Except as otherwise required by law and as provided in Exceptions below:
   1. The college will operate its programs, services, and facilities without regard to race, color, creed, religion, national origin, sex, pregnancy, age, marital status, sexual orientation, gender identity or expression, disability, or veteran status, and
   2. The college will make its programs, services, and facilities available only to organizations or government agencies that assure the college that they do not discriminate against any person because of race, color, creed, religion, national origin, sex, pregnancy, age, marital status, sexual orientation, gender identity or expression, disability, or veteran status.
4. Campus View Housing: Except as required by law, assignments to college resident housing are provided for students are made without regard to race, color, creed, religion, national origin, age, disability, sexual orientation, gender identity or expression, or veteran status.
5. Contracting: The college will make reasonable efforts to lease, contract, subcontract, purchase and enter into cooperative agreements only with those firms and organizations that comply with all applicable federal and state nondiscrimination laws, including, but not limited to: Title VII of the Civil Rights Act, ; the Americans with Disabilities Act (ADA), 42 U.S.C. Sec. 12101 et seq.; and Washington State’s Law Against Discrimination, .

Exceptions

1. Organizations Not Subject to Applicable Laws: This policy does not apply to organizations and government agencies that are not subject to otherwise applicable state or federal laws or regulations concerning nondiscrimination and non-retaliation.
2. Campus View Housing: In. accordance with RCW 49.60.222, the college may consider sex in assignments to student housing.
3. Citizenship Status: In order to comply with law, regulation, or executive order, or required by federal, state, or local government contract, or which the State Attorney General determines to be essential for an employer to do business with an agency or department of the federal, state, or local government, citizenship status may impact an individual’s eligibility for employment.

Responsibility to Report and Cooperate

All college employees, including faculty, staff, and student employees are required to report to their supervisors or the administrative heads of their organizations any complaints of discrimination, harassment or sexual harassment, and/or retaliation they receive. In addition, all college employees are encouraged to inform their supervisors or the administrative heads of their units of inappropriate, discriminatory, or retaliatory workplace behavior they observe. Supervisors and administrative heads who receive such reports have the responsibility to initiate a response by contacting Human Resources.

All college employees are also required to participate, provide information as requested, including personnel or student files and records and other materials recorded in any form, and otherwise fully cooperate with internal investigative processes.

College employees who fail to report complaints received or to cooperate fully with these complaint processes are subject to disciplinary action by the college. If a supervisor or the administrative head of an organization disciplines a college employee as a result of information obtained in the course of these processes, the employee may appeal such disciplinary action through the mechanisms appropriate to their employment status.

Filing a Complaint

Any employee, student, applicant, or visitor may report incidents of discrimination, harassment, or retaliation online, in person, by mail, by telephone, or by e-mail, using the contact information listed for the EEO Coordinator. If the complaint is against that EEO Coordinator, the Complainant should report the matter to the President’s office for referral to an alternate designee.

For complainants who wish to submit a written complaint about an employee, a formal complaint form is available online at Faculty and Staff Discrimination & Harassment Report.