To provide a campus environment free from sexual harassment, SFCC has established this policy to facilitate reporting of sexual harassment and to ensure that allegations are promptly and thoroughly investigated.
Scope and Applicability
This policy applies to all College employees. Related College policies include 4-7: SFCC Faculty Student Relationships Policy, 4-9: SFCC Discrimination and Harassment Policy, 4-50: SFCC Employee Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence and Stalking, and 5-1: Art Displays and Artistic Expression Policy.
A. It is the policy of Santa Fe Community College to maintain a community in which students, faculty, staff and administration are free to work and study without being subjected to sexual harassment. Such behavior subverts the mission of all involved.
B. Sexual harassment is a form of discrimination on the basis of sex and is, therefore, prohibited on campus and in programs and activities sponsored by the College.
C. SFCC has established procedures to facilitate reporting of sexual harassment and to ensure that allegations are promptly and thoroughly investigated. If an individual believes that he or she have been sexually harassed, or has observed a situation that he or she believes violates this policy, the situation must be reported to the department manager/supervisor, Office of Human Resources or any member of management as soon as possible, but not later than 90 days following the most recent incident.
D. If a student employee believes that he or she is being harassed by an SFCC employee, that student should immediately contact the Office of Human Resources and the Student Conduct Office. Students who are not student employees should immediately contact the Student Conduct Office.
E. The College will take appropriate action if a non-employee worker, such as a vendor, contract worker, or consultant, is the subject of harassment or is accused of harassment. Incidents must be reported to the Office of Human Resources immediately, but not later than 90 days following the incident.
F. 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.
1. Sexual Harassment is defined as a form of unlawful sex discrimination that is defined as unwelcome conduct of a sexual nature or unwelcome conduct directed at a person because of his or her sex or gender. It can include unwelcome sexual advances, requests for sexual favors and other verbal, non-verbal or physical conduct of a sexual nature. Conduct of a sexual nature is unwelcome when the person toward whom it is directed does not request or invite the conduct and views it as offensive and undesirable. Types of sexual harassment include Quid Pro Quo Harassment and Hostile Environment Harassment:
a. Quid Pro Quo Harassment involves unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature which is made an explicit or implicit condition of participation in a College program or activity or College employment or an employment decision.
b. Hostile Environment Harassment occurs when unwelcome sexual conduct is so severe or pervasive that it has the effect of unreasonably interfering with an employee’s work performance or a student’s ability to participate in or benefit from an education program or activity or creates an intimidating, threatening or abusive educational or employment environment.
c. Conduct of a sexual nature may include, but is not limited to:
i. Verbal or physical sexual advances;
i. Touching of a sexual nature;
ii. Graffiti of a sexual nature;
iii. Sexual gestures;
iv. Sexual or “dirty” jokes;
v. Comments regarding physical or personality characteristics of a sexual nature; and,
vi. Displaying or distributing sexually explicit drawings, pictures and written materials. (See Policy 5.1 Art Displays and Artistic Expression for more information about the College policy on art).
A. Responsibility of Supervisors
1. Supervisors have the following responsibilities:
a. know and follow the policy on sexual harassment;
b. model behavior that complies with this policy;
c. be alert to potential instances of harassment;
d. immediately notify Human Resources and the next higher-level manager when sexual harassment is observed or when it is reported;
e. cooperate with Human Resources in any investigation and in implementing remedial measures; and
f. be alert to any behavior that could constitute retaliation, and report any observed instances to Human Resources.
2. Supervisors who fail to promptly report and support appropriate action in response to actual or alleged incidents of harassment may also be subject to discipline.
B. Retaliation Prohibited
Retaliation against an individual for filing an allegation of sexual harassment in good faith, participating in an investigation of sexual harassment, or opposing discriminatory practices is strictly prohibited. Any employee who either directly or indirectly retaliates against another employee engaged in this process may be subject to discipline up to, and including, termination of employment.
C. 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 according to SFCC Policy 4-2. The discipline imposed will depend on the severity of the violation and the circumstances of the situation.
2. In determining whether the alleged conduct constitutes sexual harassment, the totality of the circumstances will be considered, including the frequency of the discriminatory conduct; its severity; and whether it is physically threatening, humiliating, or pervasive to the environment. When the College determines that a hostile environment exists, it takes action to stop the harassment and ensure it does not happen again.
3. In some cases, a single incident (such as sexual assault) may be so severe as to create a hostile environment. Such incidents may include injury to persons or property, or conduct threatening injury to persons or property. In other cases, the conduct at issue is offensive, but not sufficiently severe, persistent, or pervasive as to constitute a hostile work or learning environment. In such cases, the College generally takes action to stop the offending behavior in an effort to promote a respectful environment and avoid the possibility that a hostile environment will develop.
4. It is a violation of this policy for anyone to knowingly, or with reckless disregard for the truth, make false accusations of sexual harassment. Failure to prove a claim of sexual 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 sexual 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.
4-7: SFCC Faculty Student Relationships Policy
4-9: SFCC Discrimination and Harassment Policy
4-50: SFCC Employee Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence and Stalking
5.1: Art Displays and Artistic Expression Policy
SFCC Governing Board approved: 1/10/08
Revised and SFCC Governing Board approved: 4/21/15