Ohio Administrative Code › Title 3358:11 - Michael J. Owens Community College › Chapter 3358:11-4 - College Policies In General › Section 3358:11-4-17 - Anti-discrimination and harassment policy

Current through all regulations passed and filed through July 1, 2024
(A) Purpose. Owens community college strongly
			 opposes and will not tolerate harassment or discrimination on the basis of age,
			 color, disability, national origin, race, religion, sex, sexual orientation,
			 gender identity, military status, or veteran status. This prohibition extends
			 to discrimination or harassment, based on the protected classes, including the
			 creation of an intimidating, hostile or offensive working or learning
			 environment. Sexual misconduct, sexual assault, dating violence, domestic
			 violence and stalking are forms of sexual harassment prohibited by this rule.
The college recognizes all employees and students should be
				able to work and learn in safety and dignity and should not have to endure
				insulting, degrading or objectionable treatment. Any individual who files a
				complaint or participates in an investigation shall be protected from any form
				of retaliation arising out of the filing of the complaint or participation in
				the investigation.
Discrimination and harassment are illegal. This rule and
				associated procedures are not intended to impair or limit the right of anyone
				to seek a remedy available under state or federal law. This rule may in some
				respects exceed the requirements of applicable law. However, this rule will not
				be enforced so as to infringe upon rights of the first amendment of the United
				States Constitution, including academic freedom.
(B) Application. This rule and associated
			 procedures are applicable to all aspects of college operations and programs. It
			 applies to all college students and employees, including student-employees,
			 administrators, faculty and staff (bargaining and non-bargaining unit members)
			 as well as to visitors or guests on campus to the extent that there is an
			 allegation of harassment or discrimination made by them against college
			 students or employees. It also applies to all third-party vendors, contractors,
			 subcontractors, and others who do business with the college. Such prohibition
			 extends to off campus conduct or the online/virtual environment if the conduct
			 is in connection with college operations or a college-sponsored program and
			 poses an obvious and serious threat of harm to students or employees, or may
			 have the effect of creating a hostile work and/or educational
			 environment.
(C) Reporting. Any
			 person who believes he or she has been a victim of discrimination or harassment
			 is strongly encouraged to pursue relief by reporting the discriminatory or
			 harassing behavior to the appropriate individual(s). Reports can be made
			 directly to the department of human resources
								 under the federal statutes of Titles VI, VII of the
			 Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and
			 Section 504 of the Vocational Rehabilitation Act of 1973.
(D) Any employee who has received a report
			 or who has knowledge of discrimination or harassment must promptly inform the
			 department of human resources.
(E) Action.
			 Each report of discrimination or harassment will be promptly and impartially
			 investigated. Interim measures to prevent continued discrimination/harassment
			 during the complaint investigation will be considered and implemented as deemed
			 appropriate. If the college determines by a preponderance of the evidence that
			 a violation has occurred, the college will take action to provide appropriate
			 relief to the grievant and steps will be taken to prevent future
			 discrimination/harassment and remedy discriminatory effects. This may include
			 disciplinary action against the accused as outlined in applicable student and
			 employee conduct and disciplinary rules, procedures and guidelines as well as
			 associated procedures implemented pursuant to this rule.
(F) Compliance. The department of human resources
								 is the college's designated office for compliance with
			 federal statutes including: Titles VI, VII of the Civil Rights Act of 1964,
			 Title IX of the Education Amendments of 1972, Americans with Disabilities Act
			 of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination
			 Act of 1978, Age Discrimination Act (students), Executive Order 11246, Sections
			 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era
			 Veterans' Readjustment Act of 1974, and regulations of the office of federal
			 contract compliance program.
(G)
			 Implementation. The general counsel/vice president,
			 administration
								 and the vice president, enrollment management and student
			 services will jointly implement procedures and forms, which are consistent with
			 the provisions of this rule and applicable law.