VCOM Faculty Handbook

classes and includes, but is not limited to, age, gender, sex, race, color, creed, national origin, religion, ancestry, marital status, ethnicity, disability, sexual orientation, gender identity, status as a protected veteran or any other category protected by federal, state or local law. VCOM has a commitment to nondiscrimination against any individual or group of individuals. VCOM has no tolerance to any inappropriate behavior exhibited as an act of discrimination. Sexual Discrimination Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 (amending the Higher Education Act of 1965) prohibits discrimination based on sex, including in education programs and activities that receive federal funding. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal assistance.” (20 U.S.C. section 1681) Harassment According to the U.S. Equal Employment Opportunity Commission, harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, genetic information, or other protected category. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets, or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or putdowns, offensive objects or pictures, and interference with work performance. Any harassment, whether based upon a protected category is a violation of VCOM policy. Harassment can occur in a variety of circumstances, including, but not limited to, the following: • The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co worker, a fellow student, or a non-employee. • The victim does not have to be the person harassed but can be anyone affected by the offensive conduct. • Unlawful harassment may occur without economic injury to, or discharge of, the victim. Sexual Harassment Sexual Harassment at VCOM is unacceptable behavior and will not be tolerated. Sexual harassment is defined by the Title IX Final Rule as “Conduct on the basis of sex that satisfies one or more of the following: • An employee of the College conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual contact; or • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity; or • Sexual assault, dating violence, domestic violence, or stalking.” Sexual harassment includes unwanted sexual advances, requests for sexual favors, and other intimidating verbal or written communications, or physical conduct of a sexual nature toward a student and/or employee, by a person of authority or influence over that student or employee. Sexual harassment may also extend to the above actions when the behaviors are from student to student or employee to employee if such action is repetitive or interferes in any way in the ability of the student or employee to continue success in their education or position. Sexual misconduct, including, but not limited to the following, will be considered sexual harassment and will be regarded as a violation of this policy when such sexual misconduct occurs between a student and employee or between a faculty member and a student. This may also apply to

85