Policy: 1.2 Harassment, Discrimination, and Retaliation

Guiding Principles  

Policy:  1.2 Harassment, Discrimination, and Retaliation

Adoption Date: September 28, 2020 - Revised

Click here to visit the: Title IX Webpage

Employees shall not engage in discrimination, harassment, or retaliation on the basis of sex, including sexual harassment, sexual assault and other sexual violence, dating violence, domestic violence or stalking against other employees, prospective employees, former employees, unpaid interns, or students. Employees also may not engage in discrimination, harassment, or retaliation against other persons including board members, vendors, contractors, volunteers, or parents.  A substantiated charge of harassment will result in disciplinary action. Processes for reporting prohibited conduct are described below:

EMPLOYEES WHO WITNESS SEX DISCRIMINATION, SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, OR STALKING

All employees who witness or receive information reasonably believed to constitute prohibited discrimination on the basis of sex, including sexual harassment, sexual assault or other sexual violence, dating violence, domestic violence or stalking against or by another employee or student regardless of where or when the incident occurred, must promptly report such incidents to a college Title IX coordinator listed below.  An employee may also report to the college president.

In addition to the report to the Title IX coordinator, a report against the college president must also be made directly to the board of trustees.  

An employee who knows of or suspects child abuse must also report the employee’s knowledge or suspicion to the appropriate authorities, as required by law. See Child Abuse Reporting and Training, policy 1.11 for additional information.

Title IX Student Coordinator:

Christi Fenter 

District Title IX Coordinator and Big Spring site Dean of Student Services

Dora Roberts Student Union Building

Big Spring, TX 79720

(432) 264-5029

cfenter@howardcollege.edu

Deputy Title IX Coordinator

Laurie Kincannon

Chief Human Resources Officer

Big Spring, TX 79720

(432)264-5101

Title IX Investigators

Monica Castro

Lamesa Campus

(432)264-5680

mcastro@howardcollege.edu

Mike Hemmeter 

San Angelo Campus

(325) 481-8300 Ext.3334

mhemmeter@howardcollege.edu

Shannon Creswell

SWCD Campus                

(432) 264-3777

screswell@howardcollege.edu

EXCEPTIONS TO THE REPORTING REQUIREMENTS

An employee is not required to report information they received as a result of a disclosure made at a college sponsored public awareness event unless the person has the authority to institute corrective measures on behalf of the college.

Absent the victim’s consent, or unless required by law, an employee may only disclose the type of incident reported and may not disclose information that would violate a victim’s expectation of privacy.

An employee is not required to report an incident the employee learned of during the course of the college’s review or processing of an incident report or that has been confirmed to have been previously reported.

VICTIMS OF SEX DISCRIMINATION, SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, OR STALKING

An employee who is the victim of discrimination on the basis of sex, including sexual harassment, sexual assault or other sexual violence, dating violence, domestic violence, or stalking has the right to report the incident to the college and to receive a prompt and equitable resolution of the report.

Allegations may be reported to the employee’s immediate supervisor, to the Title IX coordinator or the college president.   The employee may also report electronically through the college district’s website at https://forms.office.com/Pages/ResponsePage.aspx?id=na7K70fgWEOqjBx0FyhOstdEu1d-pWRCuuw4CTNca5BUNTVLT0NPTUozMjhMWFg1NzAwVUdBMjNJTi4u.

An electronic report may be submitted anonymously.

An employee is not required to report the incident to the person alleged to have committed it.

An employee who is the victim of a crime has the right to choose whether to report the crime to law enforcement, to be assisted by the college in reporting the crime to law enforcement, or to decline to report the crime to law enforcement.

It is important that a victim of prohibited discrimination on the basis of sex, including sexual harassment, sexual assault or other sexual violence, dating violence, domestic violence, or stalking, go to a hospital for treatment and preservation of evidence, if applicable, as soon as practicable after the incident.

As part of the protocol for responding to reports of sexual harassment, sexual assault, dating violence, and stalking adopted under this section, each postsecondary educational institution shall:·

1. To the greatest extent practicable based on the number of counselors employed by the institution, ensure that each alleged victim or alleged perpetrator of an incident of sexual harassment, sexual assault, dating violence, or stalking and any other person who reports such an incident are offered counseling provided by a counselor who does not provide counseling to any other person involved in the incident; and
2. Notwithstanding any other law, allow an alleged victim or alleged perpetrator of an incident of sexual harassment, sexual assault, dating violence, and stalking to drop a course in which both parties are enrolled without any academic penalty.

RETALIATION

The college prohibits retaliation against an employee for the purpose of interfering with a right or privilege; who, in good faith, makes a report or a complaint, serves as a witness, or otherwise participates or refuses to participate in an investigation, proceeding, or hearing regarding an allegation of discrimination on the basis of sex, including sexual harassment, sexual assault or other sexual violence, dating violence, domestic violence, or stalking. This prohibition does not apply to the discipline of an employee who committed, or assists in the commission, of the misconduct.

FALSE REPORT OR FAILURE TO REPORT

An employee commits an offense if the employee makes a false report or knowingly fails to report such incidents with the intent to harm, deceive, or conceal the incidents.  An employee found by the college to have committed one of these offenses will be terminated.

DEFINITIONS/EXAMPLES

Sexual Harassment: “Sexual harassment” means unwelcome, sex-based verbal or physical conduct that:

1. In the employment context, unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment; or
2. In the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities.

Dating Violence:  “Dating violence” means abuse or violence, or a threat of abuse or violence, against a person with whom the actor has or has had a social relationship of a romantic or intimate nature.

Sexual Assault:  “Sexual assault” means sexual contact or intercourse with a person without the person’s consent, including sexual contact or intercourse against the person’s will or in a circumstance in which the person is incapable of consenting to the contact or intercourse.

Stalking: “Stalking” means a course of conduct directed at a person that would cause a reasonable person to fear for the person’s safety or to suffer substantial emotional distress.

EXAMPLES OF SEXUAL HARASSMENT

Such conduct includes but is not limited to

1.  Physical assault;
2.  Direct or implied threats that submission to sexual advances will be a condition of employment, work status, or letters of recommendation;
3.  Direct propositions of a sexual nature;
4.  A pattern of conduct intended to discomfort or humiliate, or both, that includes one or more of the following:

                      a.   Comments of a sexual nature;

                      b.   Sexually explicit statements, questions, jokes, pictures, or anecdotes;

                      c.   Unnecessary touching, patting, hugging, or brushing against a person’s body;

                      d.   Remarks of a sexual nature about a person’s clothing or body; or

                      e.   Remarks about sexual activity or speculations about previous sexual experience.

NOTICE OF ALLEGATIONS

Upon receipt of a formal complaint, the Title IX Coordinator must provide the following written notice to the parties who are known:

1. Notice of the college’s grievance process, including any informal resolution process.
2. Notice of the allegations of sexual harassment potentially constituting sexual harassment, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known. The written notice must include a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process. The written notice must inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence. The written notice must inform the parties of any provision in the recipient’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process. 

If, in the course of an investigation, the recipient decides to investigate allegations about the complainant or respondent that are not included in the notice provided pursuant to item 2, above, the recipient must provide notice of the additional allegations to the parties whose identities are known.

DISCRIMINATION, HARASSMENT, AND RETALIATION ON THE BASIS OF OTHER PROTECTED CHARACTERISTICS

In addition to the prohibition on discrimination, harassment, and retaliation on the basis of sex addressed above, employees shall not engage in discrimination, harassment, or retaliation on the basis of a other legally protected characteristics against other employees, prospective employees, former employees, unpaid interns, or students. Employees also may not engage in prohibited discrimination, harassment, or retaliation against other persons including board members, vendors, contractors, volunteers, or parents. A substantiated charge will result in disciplinary action. Processes for reporting prohibited conduct are described below.

REPORT OF ACTIONS TARGETING EMPLOYEES

An employee who believes the employee or another employee has been discriminated or retaliated against or harassed on the basis of a legally protected characteristic other than sex is encouraged to promptly report such incidents to the employee’s supervisor or the college president.  An employee is not required to report prohibited conduct to the person alleged to have committed it. If the supervisor is the subject of a complaint, the complaint may be directed to the college president or Chief Human Resources Officer. A complaint against the college president may be made directly to the board.

REPORT OF ACTIONS TARGETING STUDENTS

Employees who suspect a student may have experienced discrimination, harassment, or retaliation on the basis of a protected characteristic other than sex are obligated to report their concerns to an appropriate college official. All allegations will promptly be investigated. An employee who knows of or suspects child abuse must also report the employee’s knowledge or suspicion to the appropriate authorities, as required by law. See Child Abuse Reporting and Training, policy 1.11 for more information.

DEFINITIONS/EXAMPLES HARASSMENT 

Prohibited harassment of an employee is defined as physical, verbal, or nonverbal conduct based on an employee’s race, color, national origin, gender, disability, age, sexual orientation, religion, veteran status or any other basis prohibited by law, when the conduct is so severe, persistent, or pervasive that the conduct:

1. Has the purpose or effect of unreasonably interfering with the employee’s work performance;
2. Creates an intimidating, threatening, hostile, or offensive work environment; or
3. Otherwise adversely affects the employee’s performance, environment, or employment opportunities.                                          

EXAMPLES OF HARASSMENT

Examples of prohibited harassment include, but are not limited to, offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, gender identity, or need for workplace accommodation; threatening or intimidating conduct; offensive jokes, name calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other stereotypes; or other types of aggressive conduct such as theft or damage to property.

REPORTING CRIME

The Texas Whistleblower Act protects college employees who make good faith reports of violations of law by the college to an appropriate law enforcement authority. The college is prohibited from suspending, terminating the employment of, or taking other adverse personnel action against, an employee who makes a report under the Act. An appropriate law enforcement authority is part of a federal, state, or local governmental entity that the employee in good faith believes is authorized to regulate under or enforce the law alleged to be violated or to investigate or prosecute a crime.

GRIEVANCE PROCEDURES

Grievance procedures can be found in the Appendix.

ISOLATED AND INADVERTENT OFFENSES

Employees of the college who, without establishing a pattern of doing so, engage in isolated conduct of the kind described above or who exhibit a pattern of engaging in such conduct but fail to realize that their actions discomfort or humiliate tend to demonstrate insensitivity that necessitates remedial measures.  When employees become aware that such activities are occurring in their areas, they should report the circumstances to their immediate supervisor.  The supervisor shall then contact the Chief Human Resources Officer and the offending employee(s) will be counseled to help them understand the harm they are doing.

If an employee continues to engage in the conduct described above, the employee will be deemed to have engaged in a pattern of conduct intended to discomfort or humiliate others and appropriate action will be taken.

MATTERS INVOLVING SEXUALLY EXPLICIT MATERIAL

The college provides instruction and other services to members of the community involving matters of varying natures.  Occasionally, the college will be engaged to provide services in a matter that may include sexually explicit materials or of a sexually explicit nature.  Such services could include but are not limited to services and courses offered in anatomy, art, sociology, literature, counseling, parenting, nursing, and other allied health areas.  Work involving such matters for members of the community is not considered a form of sexual harassment.  Such work, when reasonably necessary, is considered a part of an employee’s job function and should be conducted in a professional and ethical manner.  In the event a particular matter involving sexually explicit materials is so offensive as to impair an employee’s work performance, then the employee should bring the matter to the attention of his or her immediate supervisor.  The supervisor will make an effort to reasonably accommodate the employee, subject to the requirements of the college, ethical considerations, and availability of other employees possessing sufficient knowledge and expertise to provide services consistent with the standards required by the college.

DISSEMINATION OF INFORMATION AND TRAINING

1. New employees will be informed of the location of the Employee Handbook and, specifically, this policy. 
2. Employees are required to complete training online each year.  Each employee will receive an email with a link to the training. Emails are sent to the employee’s college email address.

TITLE IX COORDINATOR

Not less than once every three months, the college’s Title IX coordinator shall submit to the college president a written report on the reports received for the college’s reporting period, including information regarding:

1. The investigation of those reports;
2. The disposition, if any, of any disciplinary processes arising from those reports; and
3. The reports for which the college determined not to initiate a disciplinary process, if any.

The Title IX coordinator shall immediately report to the president an incident reported to the coordinator if the coordinator has cause to believe that the safety of any person is in imminent danger as a result of the incident.

PRESIDENT

At least once annually, during each fall or spring semester, the president shall submit to the governing board and post on the college’s internet website a report concerning the reports received. The report may not identify any person and must include:

1. The number of reports received;
2. The number of investigations conducted as a result of those reports;
3. The disposition, if any, of any disciplinary processes arising from those reports;
4. The number of those reports for which the college determined not to initiate a disciplinary process, if any; and
5. Any disciplinary actions taken.

REVIEW

This policy will be reviewed at least each biennium and revised as necessary.  Approval will be obtained from the Board of Trustees.