4-9: Discrimination and Harassment – Policy

Policy Overview

This policy establishes Santa Fe Community College’s commitment to provide a learning and working environment free of discrimination and harassment.

Scope and Applicability

This policy applies to all College employees.

Policy Statement

The College appreciates and values the diversity of its student body, its workforce, and the greater community. All employees are expected to treat their peers, subordinates, supervisors, students, administrators, board members and the members of the greater community in a manner that reflects equality and respect.

A. Compliance with Federal and State Laws

The College complies with all federal and state laws that promote equality and prohibit discrimination, including, among others:

1. The Equal Pay Act of 1963;
2. Title VII of The Civil Rights Act of 1964;
3. The Age Discrimination in Employment Act of 1967;
4. The New Mexico Human Rights Act of 1969;
5. Title IX, Education Amendments of 1972;
6. The Americans with Disabilities Act of 1990; and
7. The Civil Rights Act of 1991.

B. Prohibited Harassment and Discrimination

1. The College prohibits discrimination on the basis of Race; Religion; Color; National origin; Ancestry; Sex; Sexual orientation; Gender identity; Age; Physical or mental disability or handicap; Serious medical condition; Veteran’s status; Spousal affiliation; and any other basis prohibited law.
2. Collectively, these categories are referred to as “protected classes” within this policy.
3. The College prohibits, discrimination in any aspect of employment, including hiring and firing, compensation, assignment, or classification of employees, transfer, promotion, layoff, or recall, job advertisements; recruitment; testing; use of College facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment.
4. Discriminatory practices under this policy also include harassment on the basis of membership in a protected class; retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; employment decisions based on stereotypes or assumptions about the abilities, or performance of individuals who are members of a protected class; and denying employment opportunities to a person because of marriage to, or association with, a member of a protected class.

C. In cases of alleged harassment, the protections of the First Amendment must be considered if issues of speech or expression are involved. Free speech rights apply in the classroom and in all other education programs and activities. This policy is intended to protect students and employees from discrimination, not to regulate the content of speech.

Policy Process

A. Responsibilities of Supervisors

Supervisors have the following additional responsibilities:

1. know and follow the policy on discrimination and harassment;
2. model behavior that complies with this policy;
3. be alert to potential instances of discrimination and harassment;
4. immediately notify Human Resources and the next higher-level manager if discrimination or harassment is observed or when it is reported; and
5. cooperate with Human Resources in any investigation and in implementing remedial measures if necessary.

B. Reporting Harassment or Discrimination

1. An employee who believes he or she has been discriminated against or harassed must report it immediately to his or her supervisor or to the Office of Human Resources.
2. Supervisors are required to report observed or suspected discrimination or harassment to the Office of Human Resources.
3. If an employee believes that another member of the College community is being subjected to discrimination or harassment, or if an employee believes that a specific management decision or management action has violated this policy, that employee must to notify the Office of Human Resources or a member of management immediately.
4. The current EEO Officer is the Executive Director, Office of Human Resources; office phone number is (505) 428-1203. The mailing address for the EEO Officer is: Santa Fe Community College, Executive Director, Office of Human Resources, 6401 Richards Avenue, Santa Fe, New Mexico 87508.

C. Retaliation Prohibited

Retaliation against an individual for reporting suspected discrimination, participating in an investigation of discrimination, or opposing discriminatory practices is strictly prohibited. Any employee who either retaliates against another for doing so may be subject to discipline.

D. Corrective Action and Disciplinary Action

1. An employee who violates this policy may be subject to Corrective Action or Disciplinary Action up to, and including, termination of employment. The discipline imposed will depend on the severity of the violation and the circumstances of the situation.
2. It is a violation of this policy for anyone to knowingly, or with reckless disregard for the truth, make false accusations of discrimination or harassment. Failure to prove a claim of discrimination or harassment is not equivalent to a false allegation. Disciplinary action may be imposed on individuals who knowingly, or with reckless disregard for the truth, make false accusations of discrimination or harassment.

Statement of Accountability and Responsibility

The President, through the Executive Director for Human Resources and the Office of Human Resources (OHR), shall be responsible for enforcing Human Resources procedures and policies. OHR shall work with the different departments and offices to comply with this policy and develop procedures that will enforce this policy regarding awareness, prevention, and remediation.


SFCC Governing Board approved: 5/22/08

Revised and SFCC Governing Board approved: 4/21/15

Associated Procedures