BOARD POLICY HANDBOOK: APPENDICES
APPENDIX 1: HUMAN RIGHTS

HUMAN RIGHTS POLICY

Introduction

Rogue Community College values and respects diversity as a foundation for a healthy learning and working community. This policy provides a statement of non-discrimination and an affirmation of the rights and dignity of all individuals at Rogue Community College (RCC). Included is a procedure for the prompt resolution of complaints of discrimination or harassment, including sexual harassment, which may be brought by any person who believes he or she has been subjected to discrimination or harassment by RCC, its employees or students.

Policy

It is the policy of RCC that all employees and students will be able to work and learn in an environment that is free of discrimination, including harassment. Therefore, it is a violation of college policy for any employee or student to engage in harassment (including sexual harassment) or to subject any person to discrimination. Further, no person shall be discriminated against in any terms or conditions of employment, in hiring, or in the provision of any college program, service or activity.

As the Policy Against Harassment (Board action January 1993) states:

In order to maintain an atmosphere that is free of any form of harassment, all employees will be held accountable for taking reasonable action to maintain work and educational environments which are free from conduct that causes, or reasonably could be considered to cause, intimidation or hostility.

Appropriate disciplinary measures for all substantiated incidents of harassment will be taken, including the possibility of dismissal (suspension for students, or termination for employees) from the college.

For the purposes of this policy, discrimination is defined in the context of:

  1. Exclusionary forms of conduct
  2. Creation of an intolerant environment
  3. Malicious harassment
  4. Sexual harassment
  5. American Disability Act Grievance, and
  6. Violations of student rights and freedoms.

Refer to the Definitions page for explanations of these categories.

Non-retaliation: No employee or student shall be fired, expelled, suspended, intimidated, disciplined, harassed, or in any other way retaliated against for having filed complaints, instituted proceedings, or assisted in investigations about possible violations of law and/or RCC policy, whether or not the charges were sustained.

Because of the impact that this policy may have on careers, the college will take seriously any misuse of this procedure.

Consensual relations: RCC discourages intimate relationships between RCC staff and students or between supervisory staff and supervisees. The respect and trust accorded an instructor, supervisor, advisor, or counselor by a student or supervisee, as well as the unequal power exercised in giving praise or blame, grades, evaluations, and recommendations, may be construed as a source of harassment or coercion in what was originally a consensual relationship.

Advocates: The College has identified a number of advocates who are trained to deal with complaints of discrimination or harassment, including members of the Human Rights Network. Complaints may be directed to any of these advocates, or to an RCC counselor, the Affirmative Action Officer (Executive Dean, College Services), the Campus Executive Deans, the RCC President, or the ADA Compliance Officer (Associate Dean of College Services). A list of advocates is available in the offices of Human Resources, Counseling, Associated Students of RCC, and all administrative offices, as well as being listed on the RCC website.

All procedures will adhere to due process, student and employee rights and responsibilities, and other RCC policies and procedures.

Filing a Complaint

Informal Complaint Process

Any person (employee, student or general public) who believes he or she has been subjected to discrimination or harassment, at RCC locations or at any RCC sponsored event, is encouraged to bring such incidents to the attention of one or more of the above mentioned advocates. Concerns will be listened to and treated with respect, and recommendations will be provided on the options available.

This informal complaint process is designed to resolve a complaint short of pursuing an investigation, by working directly and confidentially with the parties involved. It is intended that complaints be resolved at any point when the parties involved can agree on a solution.

Action Steps

  1. Any person may discuss a complaint with an advocate as listed above.
  2. The informal process may have several outcomes:

    -talking to the alleged source of the discrimination or harassment and/or his or
    her supervisor with or without mediation by an advocate,
    -talking through an advocate, or
    -dropping the complaint.

  3. If resolution is reached, no further action is taken; the matter is considered closed. If resolution is not reached, the formal complaint procedure should be considered.

It is recommended that the person presenting an informal complaint and the interviewer keep a personal record of what happened, when, the results and if there were any witnesses. A confidential incident report will be submitted to the RCC Affirmative Action Officer by any advocate who receives an informal complaint. The only college record that will be kept of an informal complaint will be by type of incident, department, and the relationship of those involved. An incident summary will be forwarded to the RCC President and reviewed with the appropriate advocate group on a periodic basis.

Formal Complaint Process

This formal complaint procedure is designed to resolve a complaint that cannot be settled through the informal complaint process. The completion of this procedure is designed to take no more than 75 working days. Complainants are encouraged to file promptly complaints regarding incidents of discrimination or harassment. Initial response to the complainant will be made by the college within three working days.

Action Steps:

  1. Complete and return to the President’s Office a Discrimination Complaint Form. (Forms are available from the above mentioned offices) If requested, an advocate will assist and provide support during the formal complaint process.

  2. Upon receipt of a formal discrimination complaint, the RCC President or the President's designee will appoint an investigating committee and designate the chairperson to carry out the review process. The President may initiate a review when there is reason to believe that discrimination is taking place, but no complaint has been filed. The investigating committee will consist of the affirmative action officer, the appropriate dean, a student government representative, two trained advocates, and up to two additional members.

    In the event that the dean or the Affirmative Action Officer is the alleged source of discrimination or harassment, an impartial replacement will be selected by the RCC President. If the President is the alleged source of the discrimination or harassment, the chair of the RCC Board of Education will select an impartial replacement. Under such circumstances, the Board will be provided sufficient time to exercise its responsibilities.

  3. The chair of the investigating committee will inform all parties involved in the incident of discrimination or harassment of the complaint.

  4. The committee will carry out an inquiry into the incident(s) reported in the complaint, including interviews with the complainant and all parties involved.

  5. The investigating committee will provide the alleged harasser written notice of findings to all the parties involved within 20 working days of receipt of the Discrimination Complaint Form. Recommendations for corrective action will be submitted to the President for review and appropriate disposition.

  6. The complainant will review the written notice of findings and outcome of the President's review. If the complainant is satisfied with the results, the matter is closed; if not satisfied, the process continues.

If the complainant is dissatisfied with the findings of the Investigating Committee and/or the RCC President's decision:

  1. The complainant may request a meeting with the President. The request must be made in writing within ten working days of the President's decision.

  2. The President or his/her designee will meet with the complainant and the complainant's advocate (if the complainant so chooses) within ten working days of receipt of the complainant's written request.

  3. The President will provide a written report to the complainant of findings and recommendations within 15 working days from the date of the meeting.

  4. The complainant will review the written decision of the President; if satisfied, the matter is concluded. If not satisfied, the complainant may submit a written appeal to a formal meeting of the RCC Board of Education within 15 working days of receipt of the President's final decision. The Board will hold a formal hearing according to the procedure for due process hearings.

  5. After exhausting this complaint resolution procedure or after 90 days if no final decision has been made, an appeal may be made in writing to the Commissioner of Community Colleges for the State of Oregon in Salem and will be reviewed according to OAR 581-43-900 (11). ADA complaints may be filed with the EEOC or Department of Justice anytime within 360 days of identification of a discriminatory action.

Documentation

All records, reports, and findings resulting from this formal process will be compiled. This information will be filed confidentially in the RCC Human Resources office.

Definitions

An exclusionary form of conduct is any differential treatment of, or adverse impact on, an individual(s) by a person(s) or a structure(s) that excludes or denies access to participation in services, programs, or activities of RCC. Some types of differential treatment, including, but not limited to, separate toilets and locker room facilities for men and women, designated non-smoking areas, personnel meetings, or removal for violation of college policy, would not be construed as exclusionary.

Creation of an intolerant environment results from intentional conduct of an individual or group of individuals who engage in threats, physical abuse, or harassment that threaten or endanger the health, safety, or welfare of a member of the RCC community, or which interferes with the ability to effectively pursue an education or participate fully in RCC programs and activities.

Malicious Harassment is behavior that is maliciously and intentionally committed because of an individual's race, marital/parental status, sexual orientation, age, religion, or mental or physical disability. This may include injury to the individual or another person, damage or destruction of the property of the individual or another person, or threats to an individual or group.

Sexual Harassment: The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1) submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment (or academic success),

2) submission to or rejection of such conduct by an individual is used as a basis for employment (or academic) decisions affecting such individuals, or

3) such conduct has the purpose or effect of substantially interfering with an individuals work performance or creating an intimidating, hostile, or offensive working (or learning) environment. (Form EEOC, 29 CFR Ch. XIV).

Under this policy, the above EEOC definition applies to students and to employees at the college. Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex when that behavior falls within the above definition.

ADA Grievance: Title II of the Americans with Disabilities Act states, in part, that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." These standards apply to services, programs, or activities sponsored by RCC. Complaints should be addressed to the ADA Compliance Officer.

Student Academic Grievance: As students pursue their educational goals, they shall be free from unfair and/or improper behaviors by members of the college community which are violations of student rights and freedoms as identified in the Student Rights, Freedoms, and Responsibilities Statement, available in the above-mentioned offices.

Amended: March 16, 1983
Approved: June 14, 1997
Amended/Approved: June 16, 1999
Amended: February 17, 2004