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Employee Discrimination, Harassment or Retaliation Policy 420.00
Johnson County Community College
Series: 400 Personnel
Section: Employee Complaints and Discipline

Cross-Reference: Employee Discrimination, Harassment or Retaliation Complaint Operating Procedure 420.01

Applicability: This Policy applies to all Johnson County Community College (“JCCC” or “College”) employees.

Purpose: This Policy prohibits employees from engaging in discrimination, harassment or retaliation towards another employee or student.

Statement:

The Board of Trustees of Johnson County Community College is committed to providing a working environment free from prohibited conduct such as sexual misconduct, harassment, discrimination and retaliation. Specifically, the College and its employees shall not participate in any prohibited conduct as set forth in the College’s Nondiscrimination Policy 411.01.  As such, no employee shall engage in prohibited conduct, which includes sexual misconduct, discrimination, harassment or retaliation toward another employee or student of the College.

Examples of prohibited conduct as covered by this Policy include, but are not limited to, the following:

  • Sexual misconduct, excluding Sexual Harassment as defined by the Sexual Harassment Policy 650.00.
  • Discrimination based on sex, race, color, national origin, disability, age, religion, marital status, veteran's status, sexual orientation, gender identity, genetic information or other factors that cannot be lawfully considered in its programs and activities as required by all applicable laws and regulations.
  • Retaliation against any person for filing or participating in the review of a complaint of prohibited conduct.
  • Retaliation against any person engaging in otherwise protected activity.

Prohibited sexual misconduct includes non-consensual or unwelcome sexual advances, requests for sexual favors and any other verbal or physical conduct of a sexual or gender-based nature, whether intentional or unintentional, where:

  • An individual’s submission to or rejection of the conduct is made, either explicitly or implicitly, a term or condition of employment or of status in a course, program or activity, or is used as a basis for an employment or academic decision; or
  • The conduct is sufficiently severe, persistent or pervasive such that it has the purpose or effect of unreasonably interfering with an individual’s work performance, academic performance or educational experience, or of creating an intimidating, hostile, humiliating or offensive working or educational environment; but
  • Does not include Sexual Harassment as defined by the Sexual Harassment Policy 650.00.

Prohibited harassment or discrimination includes any unwelcome conduct or behavior of an inappropriate nature where:

  • Submission to the conduct is made either explicitly or implicitly a term or condition of employment or academic success; or
  • Submission to or rejection of the conduct is used, threatened or suggested to be used as a basis of employment-related decisions (e.g. promotion, pay, discipline, or work assignments) or academic decisions; or
  • Such conduct is sufficiently severe or pervasive that it has the purpose or effect of substantially interfering with an employee’s or student’s performance or creating a hostile, intimidating or offensive work or educational environment; but
  • Does not include Sexual Harassment as defined by the Sexual Harassment Policy 650.00.

Prohibited retaliation includes taking any action which may have a materially adverse impact on the terms or conditions of employment or educational environment including, but not limited to, increasing discipline, demotion, changes in pay or hours, or material changes in job duties or functioning, if such action (whether actual or threatened) is taken because of the individual’s filing of or participation in a complaint under this Policy, whether or not such complaint is determined to be valid.

Persons violating this Policy will face strict discipline up to and including termination of employment.

Any person believing that they have been subject to prohibited conduct as set forth in this Policy may file a complaint as set forth in the applicable Employee Discrimination, Harassment or Retaliation Complaint Operating Procedure 420.01.


Date of Adoption:
Revised: 05/15/1997, 03/15/2007, 5/14/2015, 4/20/2017, 04/18/2019, 11/05/2019, 07/16/2020 (effective 08/14/2020)