Sexual Harassment Policy
It is the policy of Alamance Community College that all employees and students have right to work and learn in an environment free from sexual harassment. Employees, students, volunteers or visitors to ACC campus shall not engage in conduct that here under is defined as sexual harassment
A. Definition:
Sexual harassment is defined as a deliberate, unsolicited and un-welcomed sexual advance, request for sexual favors, or other verbal and/or physical conduct of a sexual nature or with sexual implications:
Which has or may have direct employment consequences resulting from the acceptance or rejection of such conduct;
Has or may have direct admissions, enrollment, grading, or academic consequences resulting from the acceptance or rejection of such conduct;
Creates an intimidating, hostile, or offensive work or learning environment; and/or interferes with an employee’s work performance or student’s academic performance.
Sexual harassment is deemed a form of sex discrimination prohibited by North Carolina General Statutes 126-16 and as such is prohibited by Title VII of the Civil Rights Act of 1964, as amended, which prohibits sex discrimination in employment, and Title IX of the Educational Amendments of 197d2, which prohibits sex discrimination against students, employees in educational institutions which receive federal funds.
B. Reporting of Sexual Harassment
An employee who feels that they have been sexually harassed in violation of this policy and NC G.S. 12-16 are encouraged, and have a responsibility, to report to their supervisor, Dean, Associate Dean, Vice president, President or the College’s Director of Human Resources. All complaints of harassment will be investigated promptly and in an impartial and confidential manner as soon as practicable.
The complainant may expect a response within twenty (20) working days of the complaint. The employee has the right to initiate a grievance if incidences or circumstances of alleged sexual harassment are not resolved or if (s) he is not satisfied with the results of the investigation.
No academic decision by an instructor or staff member shall be made on the basis of a student’s and/or staff, granting or denial of sexual favors or the acceptance or rejection of conduct of a sexual nature. Academic decisions include, but are not limited to, grades, status in class, privileges granted to students, or admission to programs.
Students have the duty to report immediately incidents of alleged sexual harassment to the Dean of Student Development for review, investigation and response. The complainant may expect a response within twenty (20) working days of the complaint. The student has the right to initiate the student grievance procedure if the incidence or circumstances of alleged sexual harassment are not resolved or if (s) he is not satisfied with the results of the investigation. If the allegation is against the employee of the college, the Dean of Student Development must notify the Director of Human Resources since there is a potential liability against the college.
All complaints of alleged sexual harassment and related information will be investigated promptly. To the fullest extent practicable, the college will keep complaints, the investigation of complaints and the nature of the resolution of complaints confidential.
Those who invoke grievances under this policy are protected from retaliatory acts. Information concerning complaints arising under it will be treated responsibly. Malicious or frivolous claims of harassment or favoritism are also prohibited and, if substantiated, will result in disciplinary action.
An employee in a supervisory position, who has knowledge of conduct involving sexual harassment or of undue favoritism based on sex that may have occurred in his or her unit, must take action to address the matter immediately and keep his or her supervisor(s) informed. Not to take such action will be considered a breach of supervisory responsibility.
No employee or student may engage in interference, coercion, restraint, or reprisal against any person alleging sexual harassment.
An employee who is found, after appropriate investigation, to have engaged in harassment of another employee, employment applicant, student, or student applicant will be subject to appropriate disciplinary action up to and including termination.