2-23: Student Discrimination and Harassment – Policy

Policy Overview

Santa Fe Community College (SFCC or College) is dedicated to providing a learning and working environment free of discrimination and harassment. This policy addresses protection for students against discrimination and harassment and from harassing or expressing discrimination to others. All students are expected to treat their peers, supervisors, faculty, administrators, staff, board members and the members of the greater community in a manner that reflects equality and respect. This policy provides the guidelines by which students may report incidents of discrimination or harassment.

Scope and Applicability

This policy prohibits discrimination against all College students and prospective students by any member of the College community.

Policy Statement

The College complies with all federal and state laws which promote equality and prohibit discrimination. The College prohibits discrimination on the basis of: race, color, religion or creed, national origin or ancestry, gender, gender identity, sexual orientation, age, physical or mental disability, serious medical condition, spousal affiliation, veteran status, pregnancy, genetic information, citizenship, and any other basis prohibited by law. Collectively, these categories are referred to as “protected classes” within this policy.

It is illegal to engage in, and the College prohibits, discrimination in any aspect of student life, including admissions, recruitment, extracurricular activities, financial assistance, counseling, guidance and course offerings. The Vice President for Academic and Student Affairs has designated the Student Affairs Officer the responsibility for coordinating the College’s efforts to comply with and carry out its responsibilities under applicable laws prohibiting discrimination and harassment, including Title IX of the Educational Amendments of 1972.

Definitions

  1. Discrimination: unequal treatment of a person based on race, color, religion or creed, national origin, ancestry, gender, gender identity, sexual orientation, age, physical or mental disability, serious medical condition, spousal affiliation, veteran status, pregnancy, genetic information, citizenship, and any other basis prohibited by law.
  2. Harassment: a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.
  3. Protected Class(es): The basis (or bases) on which the College prohibits discrimination.

Federal and state protected classes include: race, color, religion or creed, national origin,  ancestry, gender, gender identity, sexual orientation, age, physical or mental disability, serious medical condition, spousal affiliation, veteran status, pregnancy, genetic information, citizenship, and any other basis prohibited by law.

Policy Process

To facilitate an effective investigation:

  1. A student who believes they have been discriminated against or harassed is encouraged to report it as quickly as possible to the Student Affairs Officer, a Department Chair, a Student Advisor, a Director, a Dean, or Campus Security. All reports of discrimination or harassment will be referred to the Student Affairs Officer for investigation.  
  2. If a student believes that another member of the College community is being subjected to discrimination or harassment, or if a student believes that a specific administration decision or administration action has violated this policy, that student is encouraged to notify the College immediately.
  3. Retaliation Prohibited. Retaliation against an individual for reporting suspected discrimination, participating in an investigation of discrimination, or opposing discriminatory practices is strictly prohibited. Any member of the College community who retaliates against another for doing so may be subject to discipline under Policy 2-2 Student Corrective Action or Disciplinary Action or Policy 4-2 Employee Corrective and Disciplinary Action.
  4. Corrective Action and Disciplinary Action. A student who violates this policy may be subject to corrective action or disciplinary action up to and including expulsion.

Statement of Accountability and Responsibility

The President, through the Vice President for Academic and Student Affairs and the Student Affairs Officer, shall be responsible for enforcing student-focused policies and procedures. The Vice President for Academic and Student Affairs or their designee 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.

Authority

The Equal Pay Act of 1963

Federal Age Discrimination Act of 1975, 29 USC §6101

The Americans with Disabilities Act of 1990

Title IX of the Education Amendments of 1972, 20 U.S.C.

Title VII of the Civil Rights Act of 1964, 42 U.S.C.

FERPA Regulations, 34 C.F.R. Part 99 Title IV and VII of the Civil Rights Act of 1964

The Civil Rights Act of 1991 Title IV and VII of the Civil Rights Act of 1964

The New Mexico Human Rights Act of 1969

Policy 2-1 Student Code of Conduct

Policy 2-2 Student Corrective and Disciplinary Action

2-12 Student Records Policy

2-22 Student Sexual Harassment Policy

Policy 4-2 Employee Corrective Action and Disciplinary Action

 

APPROVAL

SFCC Governing Board approved: 3/20/08

Revised and SFCC Governing Board approved: 4/26/17

View Procedures

Thanksgiving Holiday - College will be closed

SFCC will be closed on November 23 – 26 for the Thanksgiving Holiday.