VCOM Administrative and Classified Staff Handbook

• 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 s ituations between two students or among more students in which the harassment interferes with a student’s success: • Submission to such conduct is made an explicit or implicit term or condition of the person’s employment or continued student status. • Submission to or rejection of such conduct is used as the basis for employment or academic decisions such as retention, promotion, performance evaluation, pay adjustment, discipline, work assignment, or any other condition of employment, career development, or academic standing. • Such conduct has the purpose or effect of unreasonably interfering with work performance or of creating an intimidating, hostile, or offensive working or learning environment. • Such conduct emphasizes the sexuality or sexual identity of the employee or student in a manner that prevents or impairs that person’s full enjoyment of employment or educational benefits, climate, or opportunities. Violence Violence is the unlawful exercise of physical force and includes physical contact through any act of violence, physical control, and/or intimidation through threat of violence. Violence of any type is a violation of VCOM policy. Sexual violence includes unwanted sexual contact through intimidation, physical control, and extends to an act of sexual contact with a person who is incapacitated to the point of being unable to voice consent or their lack of consent. Sexual violence encompasses several categories including rape, sodomy, and sexual assault by a person or with an object and includes the crimes of dating violence, domestic violence, sexual assault, and stalking. Sexual assault for purposes of this policy is any type of sexual contact or sexual behavior that occurs without the explicit consent of the recipient. Sexual Harassment, as defined herein, is a form of sexual violence.

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