6115:05

Policy #: 6115:05

Subject: Policy on Sexual Harassment

Section: Personnel (6100-6199)

Effective: Ongoing

 

 

Northern Maine Community College recognizes the dignity of the individual student/employee and the essential right of each student/employee to work, learn, play and live in an environment which is free of sexual harassment. Accordingly, students and employees are prohibited from engaging in sexual harassment.

 

DEFINITION

 

For the purpose of this policy, sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment includes, but is not limited to, the following types of activities:

 

1. Generalized sexist remarks or behavior;

2. Inappropriate and offensive sexual advances;

3. Solicitation of sexual activity or other sex-linked behavior with the promise of rewards; or

4. Sexual assaults

 

RESPONSIBILITES OF EMPLOYEE

 

The effects of sexual harassment demonstrate that it is a genuine problem. Most obvious are the financial and psychological burdens of the victim who is fired, is denied promotions, fails, or quits school because of sexual harassment.

 

NMCC administrators, department chairpersons, instructors, supervisors, and students acting in an official capacity (i.e. Resident Assistants), must take prompt action to prevent sexual harassment. Corrective action is required regardless of whether there is a formal complaint. Appropriate disciplinary procedures must be utilized and adequate records must be kept documenting action taken. Failure to take corrective action by persons in authority may be perceived by the victims as condoning sexual harassment.

 

GRIEVANCE PROCEDURES

 

Individuals who feel they are victims of sexual harassment are encouraged to resolve the grievance informally. Possible ways to obtain such a resolution could include: confronting the harasser (with or without the aid of another individual); seeking the assistance of the harasser’s superior, instructor, resident assistant, etc.; or seeking the assistance of the appropriate department head, the director of residential life, or the Affirmative Action Officer of NMCC.

 

If the grievance cannot be resolved informally, or if the grievant chooses not to try to resolve the grievance informally, then he or she may utilize the following procedure to file the grievance with the appropriate authorities.

 

1. Students and employees who believe that they are victims of sexual harassment should promptly report such occurrences as follows:

 

a. If the complaint is directed against a student, then alleged violations shall be reported to the Disciplinary Officer.

b. If the complaint is directed against an employee or a non-student member of the NMCC community, then alleged violations shall be reported to the President or his designee.

 

2. The President or the Disciplinary Officer will inform the Affirmative Action Officer of NMCC of the alleged violations.

 

3. The President or the Disciplinary Officer shall forward copies of all complaints to the NMCC Affirmative Action Officer and the Director of Human Resources for the Maine Community College System.

 

4. Alleged violations will be dealt with as follows:

 

a. Students shall be subject to the procedures established by the Student Code of Conduct; and

b. Employees and non-students members of the NMCC community shall be subject to the procedures of their collective bargaining agreements or such other procedures as might be appropriate.

 

SANCTIONS

 

Sanctions may be imposed in accordance with the terms of the appropriate collective bargaining agreements or the Student Code of Conduct. They shall reflect the degree to which sexual harassment occurred. Among sanctions that may be considered are:

 

1. Formal apology

2. Research, academic work, or training sessions on the topic of sexual harassment

3. Expulsion or termination from all extracurricular and/or educational activities or duties

4. Other disciplinary actions may be taken

 

NORTHERN MAINE COMMUNITY COLLEGE’S

STATEMENT ON SEXUAL HARASSMENT

 

Northern Maine Community College has an obligation to its employees and students to maintain a work and learning environment free of sexual harassment. Sexual harassment of either employees or students is a violation of the Civil Rights Act of 1964 and of the Maine Human Rights Act. It is the policy of the Maine Community College System and Northern Maine Community College that no member of the college community may sexually harass another. Northern Maine Community College regards freedom from sexual harassment as an individual employee and student right which will be safeguarded as a matter of policy. Any employee or student will be subject o disciplinary action for a violation of this policy.

 

Although sexual relationships between consenting adults do not constitute sexual harassment, these relationships may give rise to legitimate claims by others of unprofessional conduct or conflict of interests. Therefore, Northern Maine Community College strongly discourages consenting romance or sexual relationship between members of the Northern Maine Community College community when one person has power or authority over the other.

 

Sexual harassment consists of

 

1. verbal (oral or written) or physical conduct of a sexual nature:

AND

2.

a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational benefits;

or

b. submission to or rejection of such conduct by an individual is used as basis for academic or employment decisions affecting that individual;

or

c. such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance;

or

e. creating an intimidating, hostile or offensive educational, work or living environment;

 

AND

 

3. such conduct was either

a. known by the actor to be unwelcome, harmful, offensive;

or

 

b. a person of average sensibilities would clearly have understood that the behavior or conduct was unwelcome, harmful or offensive.

 

In keeping with these policies, managers, supervisors, and faculty are required to actively prevent and eliminate sexual harassment and all other forms of illegal harassment within their area of responsibility. As well, each employee is personally responsible for compliance with these policies. Prompt and effective remedial action will be taken immediately upon discovery of such harassment.

 

It is the policy of Northern Maine Community College to ensure fair and impartial investigations that protect the rights of the persons filing sexual harassment complaints, the persons complained against, and the Maine Community College System as a whole. The law provides that you may not be punished for reporting, complaining about or filing a claim concerning sexual harassment. The college or its employees are not allowed to discipline you or change your work assignments because you have complained about or resisted sexual harassment, discrimination or retaliation. Source: 5 M.R.S.A. §4553(10)(D).

 

Individuals who have a sexual harassment complaint may contact either Ms. Betsy Harris at extension 2791 (office located on the first floor of the Christie Building) or Mr. Tom Richard at extension 2795 (office located on the first floor of Andrews Hall). Additionally, individuals should be aware that they may file sexual harassment charges with the Maine Human Rights Commission within six months after the alleged incident. Further information is available from the Maine Human Rights Commission at State House Station 51, Augusta, Maine 04333, 207-287-2326.

 

This statement is to be distributed to all employees for insertion into The Faculty and Staff Handbook and posted at all work locations throughout the college.

 

Approved by the Management Team on November 16, 1998

Re-affirmed in August 2004

Re-affirmed in November 2007

 

 

REFERENCE

 

MCCS Sexual Harassment Policy Section 211

NMCC Policy on Sexual Harassment #6115.05

42 U.S.C. §2000e and 5 M.R.S.A. §4572