VCOM College Catalog and Student Handbook

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 situations 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.

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