4-9: Discrimination and Harassment – Procedures

SFCC administrators understand the sensitive nature of a harassment or discrimination claim and appreciate that confidentiality and discretion are critical, both to the individual alleging the harassment or discrimination and to the person accused of the harassment or discrimination. Any College employees responsible for implementing an investigation or resolution under this policy must respect the privacy and confidentiality of the individuals involved to the fullest extent possible. However, confidentiality cannot be guaranteed.
Reporting Discrimination or Harassment

A. If an employee believes that he or she has been discriminated against or harassed in any way or has observed a situation that he or she believes violates this policy, he or she must notify the Executive Director of Human Resources or Campus Safety and Security immediately.

1. The report may be in writing or in person and must include:

a) Date of the report;
b) Name of person(s) who is(are) harassed or discriminated against;
c) Name of person(s) who is(are) harassing or discriminating against
the employee(s);
d) Names of witnesses, and contact information, if available
e) Dates of incidents;
f) Full and detailed description of the incident(s);
g) Signature of the person reporting and the current date.

B. If an employee receives a report of discrimination or harassment, he/she must report it immediately to the Executive Director of Human Resources or his or her manager or Campus Safety and Security.

1. The report may be in writing or in person and must include:

a) Name of the person reporting;
b) Date of the report;
c) Names of person(s) who is(are) harassed or discriminated against;
d) Name of person(s) who is (are) harassing or discriminating against
the employee(s);
e) Names of witnesses and contact information, if available
f) Dates of incidents;
g) Full and detailed description of the incident(s), or as much as the
reporter knows;
h) Signature of the person reporting and the current date.

C. If a student believes that he or she has been discriminated against or harassed, or has observed a situation that he or she believes violates this policy he or she must report it immediately.

1. If the student is a student employee the violation must be reported to the Executive Director of Human Resources and/or the Student Affairs Officer.
2. Students who are not student employees must report their concern to the Assistant Vice President for Academic Support/Student Affairs Officer.

D. Complaints involving non-employees must be reported to the Executive Director of Human Resources and/or Campus Safety and Security.

1. The report may be in writing or in person and must include:

a) Name of the person reporting;
b) Date of the report;
c) Names of person(s) who are harassed or discriminated against;
d) Name or person who is harassing or discriminating against the
employee(s);
e) Names of witnesses and contact information if available
f) Dates of incidents;
g) Full and detailed description of the incident(s), or as much as the
reporter knows;
h) Signature of the person reporting and the current date.

Response to and Investigation of Complaints
The Executive Director of Human Resources as the EEO Officer is responsible for coordinating the College’s efforts in response to, and investigation of, complaints of harassment or discrimination.

A. All complaints of discrimination or harassment will be investigated in a timely manner.
B. All employees are expected to cooperate with any investigation undertaken under this policy.
C. Upon receiving a complaint the Executive Director of Human Resources or his/her designee, after consultation with other appropriate individuals, will conduct or direct conducting of an investigation.

1. After fair consideration of the results of the investigation and the interests involved, SFCC has sole responsibility for determining the appropriate resolution of a reported violation of this policy.
2. The resolution of the complaint may involve discipline or other appropriate action against an individual who it is determined has discriminated or harassed another.
3. Additional actions may be taken in response to concerns of the person reporting harassment or discrimination.
4. Additional actions may be taken in response to reports of direct or indirect retaliation against an individual for filing an allegation, participating in an investigation of harassment or discrimination, or opposing discriminatory practices.
5. Refer to policy 4-2 Employee Corrective Action and Disciplinary Action and Policy 4-3 Employee Concerns and Complaints for more information about this process and appeals.

Responsibility of Supervisors

A. Supervisors must promptly report and support appropriate action in response to actual or alleged incidents of harassment or discrimination.
B. Supervisors have the following additional responsibilities:

1. Know and follow the policies on discrimination and harassment, including sexual harassment;
2. Model behavior that complies with these policies;
3. Be alert to potential instances of harassment or discrimination;
4. Immediately notify the Office of Human Resources (OHR) and the next higher level manager when discrimination or harassment is observed or reported;
5. Cooperate with OHR in any investigation and in implementing remedial measures;
6. Be alert to any behavior that could constitute retaliation and report observations to OHR.

Revised 8.24.15 JA

Contact: Terence  Donaldson
Executive Director of Human Resources
505-428-1203
terence.donaldson@sfcc.edu

View Policy