1. POLICY:
   Sexual harassment constitutes discrimination on the basis of sex and is a violation of this Rule. The College shall not tolerate such conduct. Any employee or student who is found to have violated this Rule shall be disciplined and such discipline shall range from one or more of the following: counseling, attendance at a sexual harassment seminar, written admonishment, suspension or dismissal.




2. DEFINITIONS:

1. Sexual harassment is defined as:
   Conduct including but not limited to, an employee's or a student's unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature, sexually related jokes, and/or display of pornographic material in the workplace or an academic or student setting (An academic or student setting includes: all settings on campus, off-campus clinical programs, off-campus courses, and off campus College-sponsored events), when:
   (1) submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or an individual's treatment as a student;
   (2) submission or rejection of such conduct by an individual is used as the basis for employment decisions or the treatment of a student, affecting the employee or student; or
   (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or a student's academic performances or creating a sexually intimidating, hostile or offensive working or academic environment.




2. Except as provided in Paragraph IV, the term “staff” shall include faculty/instructors and all other College employees. In Paragraph IV. the term “staff” shall include all College employees other than faculty/instructors.
    

3. STUDENT RELATIONSHIPS:
   
This Rule applies to all students. No student shall engage in sexual harassment.


1. The student-student relationship, the student-instructor relationship and the student-staff relationship should at all times be respectful of the rights of the others and any conduct by a student which creates a sexually intimidating, hostile or offensive environment violates the College’s Sexual Harassment Rule and may be subject to discipline. For this purpose, staff not only includes College staff, but all employees of clinics and agencies affiliated with a College clinical program or course.
   

2. Students having a consensual romantic and/or sexual relationship with a faculty or staff member who is in a position to determine a student’s grade or otherwise affect a student’s academic progress or environment may be subject to discipline.



4. INSTRUCTOR/STAFF-STUDENT RELATIONSHIPS:
   This Rule applies to instructor/staff-student relationships.

1. In the instructor/staff-student context, the term sexual harassment also has a broader impact. The fundamental element of such behavior is the inappropriate personal attention, including romantic and/or sexual relationships with a student by an instructor or staff member who is in a position to determine a student’s grade or otherwise affect the student’s academic progress or environment. Since the instructor/staff-student relationship is one of professional and client, the above inappropriate behavior is unacceptable in a college because it is a form of unprofessional behavior which seriously undermines the atmosphere of trust essential to the academic setting and is subject to discipline.




2. This Rule applies to consensual as well as non-consensual instructor/staff-student romantic and/or sexual relationships, where the instructor or staff member is in a position to determine a student’s grade or otherwise affect a student’s academic progress or environment. In general, however, this Rule will be strictly enforced, with the severest penalty imposed, in any instance where the involved student is enrolled in the instructor’s class at the time of the inappropriate behavior.




3. This Rule is not intended to apply when an instructor is legitimately exercising academic freedom in teaching in the classroom when the subject matter taught or discussed is appropriate to the course being taught. Nevertheless, the instructor/staff-student relationship should at all times be professional and any conduct by an instructor or staff member which unnecessarily or unreasonably creates a sexually intimidating, hostile or offensive academic environment in violation of the rights of others is inappropriate and unacceptable and is subject to discipline.




4. Students having a consensual romantic and/or sexual relationship with a faculty or staff member who is in a position to determine a student’s grade or otherwise affect a student’s academic progress or environment may be subject to discipline.





5. REPORTING


All students and employees are responsible for promptly reporting sexual harassment. The College has established the following procedure for reporting, investigating and resolving complaints of sexual harassment and retaliation and has provided a list of some examples of conduct which violate this Rule. (See Exhibit attached to Rule 6Hx23-2011.)

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Last revised May 29, 2008
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