HARASSMENT POLICY AND COMPLAINT PROCEDURE

Butler Community College expects ALL administration, faculty, staff and students to behave in a manner that supports a positive educational environment for all. Butler Community College prohibits any form of harassment based on racial, religious, sexual, national origin, age, disability and/or any other status protected by federal, state, or local law. Butler also prohibits any type of retaliation against any participant in an investigation of harassment. For purposes of this policy, these prohibitions also apply to Butler Community College Trustees, agents, volunteers, contractors, or persons subject to the supervision and control of Butler Community College. 

Prohibited Sexual Harassment under Title IX, Education Amendments of 1972:

Harassment that is so severe, pervasive, and objectively offensive that it effectively bars the student’s access to educational opportunity and benefit.

Prohibited Sexual Harassment under Title VII of The Civil Rights Act of 1964 as to Students Employed by the College:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to that conduct or communication is made a term or condition, either explicitly, of obtaining or retaining employment or educational development; or
• Submission to or rejection of that conduct or communication by an individual and is used as a factor in decisions affecting either the individual’s employment or educational decisions affecting that individual; or
• Conduct or communication that has the purpose or effect of substantially or unreasonably interfering with an individual’s employment or academic performance, or creating an intimidating, hostile, or offensive work or educational environment.

Sexual harassment may include but is not limited to:

Gender harassment: generalized sexist statements and/or behavior that convey insulting or degrading attitudes about men or women.  Examples include:

• insulting remarks
• displaying or distributing suggestive or sexually explicit posters, calendars, photographs, graffiti, or cartoons
• obscene language
• offensive e-mail, texts or voice mail
• obscene jokes or humor about sex focused toward a particular gender
• spreading sexual rumors and/or rating others.

Seductive behavior: unwanted, inappropriate, and offensive sexual advances. Examples include repeated unwanted sexually invitations, insistent requests for dinner, drinks or dates, persistent letters, telephone calls, text messages and other invitations; performing sexual gestures or touching oneself sexually in front of others.

Sexual bribery: solicitation of sexual activity or other sex-linked behavior by promising a reward (pay raise, promotion, class grade etc.) for performing the activity or behavior or is so severe, pervasive and objectively offensive that it effectively bars the student’s access to educational opportunity and benefit. The proposition may be either overt or subtle.

Sexual coercion: coercion of sexual activity or other sex-linked behavior by threat of punishment. Examples include negative performance evaluations, withholding promotions, threats of termination, or a failing or lower grade or so severe, pervasive and objectively offensive that the conduct effectively bars the student’s access to educational opportunity and benefit.

Sexual imposing conduct: deliberate assaults or molestation, or unwanted physical contact such as patting, pinching, “friendly” arms around the shoulder, or intentionally brushing against another person’s body.

Prohibited Racial, National Origin, and Disability Harassment. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in an educational program or activity receiving federal financial assistance. Equal educational opportunities are also provided for persons with disabilities in compliance with federal regulations (Section 504 and ADA). Physical or verbal conduct relating to student’s race, color, national origin, and/or disability when the conduct

• Has the purpose or effect of creating an intimidating, hostile, or offensive work or educational environment; or
• Has the purpose or effect of substantially or unreasonably interfering with a student’s work or academic performance is prohibited.

Procedure for handling complaint:

Butler Community College is committed to providing its students an educational environment free of unlawful discrimination. If a student believes he or she has been the victim of harassment, the student should contact the Dean of Student Life.

Depending upon the circumstances, the College encourages students who believe they are being subjected to any form of harassment to promptly advise the offender that his or her behavior is unwelcome and to request that it cease. However, the College recognizes that a student may not be comfortable doing this, and is not required to do so. Whether or not the matter is discussed with the offender, when it is reported there will be an investigation as outlined below:

• Any student who believes he or she has been the victim of harassment by a student or a faculty member, administrator, or other personnel of Butler Community College should report the conduct immediately to:

 

Dean of Student Life
BOE 1000 Building
316-323-6915
kgelvin@butlercc.edu

Title IX Coordinator/Internal Auditor
BOE 900 Building
316-323-6942
rlick@butlercc.edu

2. At the beginning of the investigation, a Harassment Complain Form will be filled out by the complainant and/or one of the above administrators.

3. The Dean of Student Life shall coordinate an appropriate investigation, which ordinarily will be completed within seven (7) calendar days of the receipt of the written complaint. The student / complainant will be informed if any extenuating circumstances delay the investigation.

• As part of the investigation, the Dean will interview the respondent (person the complaint is filed against) as well as any witnesses identified by the student and/or the respondent. As part of the investigation process, both parties can present witnesses and other evidence (emails, pictures, copies of texts, etc.). All evidence will be included in the final report that will be shared with the Title IX Coordinator. The Dean will also report to the student/complainant the outcome of the investigation.

• If the resolution is not to the student/complainant’s satisfaction, the student may submit to the College’s Title IX Coordinator a written request for a review of the complaint. The Title IX Coordinator will review all documentation and will reach a determination within seven (7) calendar days of the receipt of the request for review and will attempt to resolve the matter. The Title IX Coordinator’s determination will be shared with the Vice President for Student Services and the President of the College. The Title IX Coordinator will report to the student/complainant the outcome of the determination.

• As the procedure for handling complaints alleging violations of this policy is initiated and completed, all involved parties will be expected to respect the sensitive nature of the matter and to protect the confidentiality of the complainant, the respondent, and all those involved in the investigation. Butler Community College will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses as much as possible, consistent with the College’s legal obligations to investigate and to take appropriate action.

• Butler Community College will act to investigate all complaints, formal or informal, verbal or written and to discipline or take appropriate action against any student, faculty member, administrator, or other College personnel who was found to have violated this policy.

• Butler Community College will discipline or take appropriate action against any student, faculty member, administrator, or other College personnel who retaliates against any person who reports harassment under this policy.

• Any person who retaliates against another for testifying, assisting, or participating in any investigation or proceeding relating to harassment under this policy will be subject to discipline. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Effective January 2012

 

Butler Community College
Harassment Complaint Form

Today’s Date: ___________________

Complainant’s Name: _______________________________________________________

Last Name First Name Initial

Address: ________________________________________________________________

City: __________________ State: __________________ Zip Code: _______________

Cell Phone Number: __________________________

Date of Harassment: _____________________

 

Specifics of complaint (describe in detail the nature of the alleged incident, including the name(s) of those responsible for the alleged incident(s) (if known), when and where the alleged incident(s) occurred, describe what occurred, provide the name(s) and contact information of any witnesses(s) (if known), and any additional information that you feel is relevant to the alleged incident.) Attach additional page(s) evidence, if necessary.

 

 

 

 

 

 

 

 

 

_____________________________
Signature of Complainant