Santa Fe Community College (SFCC or College) is committed to maintaining a community in which students and prospective students are free to work, study and participate without being subjected to sexual harassment. Such behavior subverts the mission of all involved. Sexual harassment is a form of discrimination on the basis of gender and is, therefore, prohibited on campus and in programs and activities sponsored by the College. Sexual harassment constitutes an unacceptable and punishable offense at the College.
Scope and Applicability
This policy prohibits sexual harassment. This policy applies to all College students and prospective students.
The College complies with all federal and state laws that promote equality and prohibit sexual harassment and 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, sexual harassment in any aspect of student life. The Vice President for Academic and Student Affairs is the Title IX Coordinator for SFCC. The Vice President for Academic and Student Affairs has designated responsibility to the Student Affairs Officer for coordinating the efforts of the College to comply with and carry out its responsibilities under applicable laws prohibiting sexual harassment, including Title IX of the Educational Amendments of 1972.
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 sexual harassment, participating in an investigation, or opposing sexual harassment practices.
- 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 their 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 (SFCC Policy 5-1 Art Displays and Artistic Expression). d. For the definition of sexual harassment under Title IX of the Educational Amendments of 1972, please refer to SFCC Policy 4-50 Employee Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence and Stalking regarding situations involving employees. Allegations of sexual harassment that do not fall under this policy’s definition because they do not constitute prohibited conduct as defined in this section may constitute violations of other College policies.
- Reporting Sexual Harassment. If a student believes that they are being subjected to sexual harassment, or believes that another student, prospective student or applicant for admission is being subjected to sexual harassment, they should, as soon as possible, notify the Student Affairs Officer, the Acting Director of Human Resources, a Dean, a Department Chair, a Student Adviser or Campus Security. If a student is not certain whether sexual harassment is taking place, they should nevertheless report their concerns.
- The Equal Employment Opportunity Officer and the Vice President for Academic and Student Affairs as Title IX Coordinator will oversee the efforts of the College to comply with and carry out its responsibilities under applicable laws prohibiting discrimination and harassment, including Title IX of the Educational Amendments of 1972.
- Time Frame for Reporting Sexual Harassment. SFCC encourages the reporting of sexual harassment in a timely manner. In order to allow for a prompt and timely investigation, a student’s report should be made as soon as possible following the latest alleged incident of sexual harassment.
- Retaliation Prohibited. Retaliation against a student, prospective student or applicant for admission who makes a complaint of sexual harassment or reports that another student, prospective student or applicant for admission is being sexually harassed or who cooperates in an investigation of a complaint of sexual harassment is prohibited. If a student believes they have been retaliated against or that someone else has been retaliated against for reporting sexual harassment, they should follow the same reporting requirements for reporting incidents of sexual harassment set forth above.
- Investigation and Resolution of Reports of Sexual Harassment. The investigation and resolution of reports of sexual harassment will be handled pursuant to this policy and any relevant disciplinary policy (see Authority below). The College reserves the right to investigate any reports of sexual harassment as the College deems appropriate, whether or not the student involved participates in the investigation.
- Appropriate disciplinary action will be taken against any student or employee, including staff member, faculty member or administrator, who is found to have engaged in sexual harassment or retaliation. The College will also take appropriate action, to the extent possible, against non-employees, such as contractors and guest lecturers, who are found to have engaged in sexual harassment or retaliation.
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 academic policies and procedures. The Vice President for Academic and Student Affairs shall work with the different departments and offices to comply with this policy and to develop procedures that will enforce this policy regarding awareness, prevention and remediation.
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681–1688 and its implementing regulations, 34 C.F.R. Part 106
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e–2000e-17 and its implementing regulations 29 C.F.R. §1604 11
Clery Act, 20 U.S.C 1092(f) and its implementing regulations 34 C.F.R. Part 668
FERPA Regulations, 34 C.F.R. Part 99 Title IV and VII of the Civil Rights Act of 1964
Civil Rights Act of 1991 Title IV and VII of the Civil Rights Act of 1964
New Mexico Human Rights Act of 1969
SFCC Policy 2-1 Student Code of Conduct
SFCC Policy 2-2 Student Corrective and Disciplinary Action
SFCC Policy 2-23 Student Discrimination and Harassment
SFCC Policy 2-28 Student Policy on Sexual Violence, Sexual Misconduct, Relationship Violence, Domestic Violence, and Stalking
SFCC Policy 4-2 Employee Corrective Action and Disciplinary Action
SFCC Governing Board approved: 1/10/08
Revised and SFCC Governing Board approved: 4/26/17