Policy Name: Non-Discrimination/Non-Harassment and Obligation to Report
Responsibility for Maintenance: Human Resources
Date of most recent changes: January 26, 2016
I. Policy Statement
The College prohibits, and will not tolerate, discrimination or harassment on the basis of race, religion, color, sex, sexual orientation, national origin, age, disability, predisposing genetic characteristics or carrier status*, military service or veteran status, marital status or any other characteristic protected by law. Any employee found to have engaged in any form of discrimination or harassment prohibited by law or this policy will be subject to appropriate disciplinary action, up to and including termination. The College will comply with all applicable equal employment opportunity/non-discrimination laws.
This policy also describes the obligation of all managerial and supervisory personnel employed at the Onondaga Community College (including Department Chairs) to report any incidents, complaints, or allegations of employment discrimination or harassment of which they may become aware at any time during their employment.
II. Reason for Policy
The policy exists to increase the employee’s awareness of College policies prohibiting discrimination and/or harassment, to ensure that employees are aware of avenues available for reporting of any potential violations of College policies, and, therefore, help ensure swift remediation of any prohibited conduct. This policy is also intended to clarify the manager’s or supervisor’s role when he/she becomes aware of any allegations or potential incidents of prohibited discrimination or harassment. This policy also provides procedures through which students may report grievances or complaints of discrimination and/or harassment.
III. Applicability of the Policy
This policy applies to all College employees and provides an avenue through which students may bring complaints of discrimination and/or harassment. Additionally, the college prohibits students, vendors, suppliers, visitors, or any other individual an employee comes in contact with during the course of employment from discriminating against them, and from harassment, based on any protected class or status.
IV. Related Documents
Title or Position
Questions regarding policy
Vice President, Human Resources
Includes, but is not limited to, unwelcome or unwanted sexual advances, requests for sexual favors, as well as other conduct of a sexual nature when:
- The submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or is used as a basis for any employment decision affecting the employee; or
- The conduct, if unwelcome and severe or pervasive, has a purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
- Examples of what may, if unwelcome and severe or pervasive, constitute sexual harassment (in addition to sexual advances and requests for sexual favors) include, but are not limited to:
- Verbal: suggestive comments, statements or questions about personal sexual matters, insults, threats or jokes about personal or physical traits, or jokes of a sexual nature.
- Non-verbal: suggestive or insulting noises, obscene gestures or the use of sexually suggestive, revealing, demeaning, or pornographic literature or pictures.
- Physical: touching, pinching, rubbing or massaging the body; coercing sexual conduct; or assault.
Other discriminatory harassment
Means any conduct based on a person’s race, religion, color, sex, sexual orientation, national origin, age, disability, military service or veteran status, marital status or any other characteristic protected by law is considered harassing if it creates a hostile, intimidating or offensive work environment, or unreasonably interferes with an employee’s work performance.
Like sexual harassment, other discriminatory harassment can be verbal, non-verbal or physical.
Examples of what may, if unwelcome and severe or pervasive, constitute other discriminatory harassment include, but are not limited to the use of racial or ethnic slurs, jokes, or derogatory remarks; the use of insults, threats, literature, pictures or cartoons based on a protected characteristic; or any physical aggression based on a protected characteristic.
Genetic Information Nondiscrimination Act of 2008. This act protects Americans against discrimination based on their genetic information when it comes to health insurance and employment.
A supervisor is responsible for providing a work environment that is free from discrimination or harassment. A supervisor must therefore immediately initiate appropriate corrective action in the event the supervisor is a witness to, or becomes aware of, any violations of this policy. When a supervisor receives a written or oral complaint involving allegations of unlawful discrimination or harassment from any College employee, or has reason to believe or suspects that such a situation may exist, the supervisor must immediately contact the Office of Human Resources. There are no required forms; however, the Office of Human Resources may request that the manager or supervisor prepare a written report of his/her knowledge and understanding of the circumstances surrounding the incident, complaint, or allegation. The failure of a supervisor to report allegations of discrimination or harassment may result in disciplinary action, up to and including termination.
Reporting Policy Violations
When an employee or student feels he or she is or has been the victim of discrimination or harassment, or if an employee witnesses or learns of any discrimination or harassment, the employee must take immediate action and report the discrimination or harassment. Such a report should be made to one of the following individuals:
1. Vice President, Human Resources
2. Director, HR and Labor Relations
3. Title IX Coordinator
4. Senior Vice President, Student Engagement and Learning Support
Persons in positions of supervisory authority cannot agree to requests for confidentiality of a complainant but are expected to treat the information with discretion. After reporting of a potential incident, complaint or allegation, further investigation will be conducted by the Office of Human Resources. Complaints alleging sex discrimination or harassment will also be overseen by the Title IX Coordinator.
Investigation of Complaint - Onondaga Community College takes matters of discrimination or harassment very seriously and will conduct a prompt investigation of all complaints and take appropriate action based upon that investigation (as warranted).
Confidentiality - Absolute confidentiality cannot be guaranteed; however, every effort will be made to handle all complaints and investigations with as much discretion and confidentiality as circumstances permit.
Non-Retaliation - Onondaga Community College will not tolerate any retaliation against any employee or student for making a complaint, bringing inappropriate conduct to the College’s attention, or for participating in an investigation in good faith.
Policy Violations - Any employee found to have engaged in any form of discrimination or harassment will be subject to appropriate discipline, up to and including termination.
Training Programs - In accordance with Title IX, “Responsible Employees” are identified by the Title IX Coordinator. These employees will be periodically trained about their obligations to appropriately report allegations of sexual discrimination, harassment and assault.
Approved by OCC Board of Trustees April 3, 2006
Updated and approved by the OCC Board of Trustees June 19, 2012
Updated and approved by the OCC Board of Trustees June 16, 2015
Updated and approved by the OCC Board of Trustees January 26, 2016