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Student Discrimination, Harassment or Retaliation Policy 319.05

Student Discrimination, Harassment or Retaliation Policy 319.05
Johnson County Community College
Series: 300 Students
Section: Code of Conduct and Discipline

Cross-Reference: Student Discrimination, Harassment or Retaliation Operating Procedure 319.05

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

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

Statement

The Board of Trustees of Johnson County Community College is committed to providing a College environment free from prohibited conduct such as sexual misconduct, harassment, discrimination and retaliation. Specifically, the College, its students and its employees shall not participate in any prohibited conduct as set forth in applicable College policies. As such, no student shall engage in prohibited conduct, which includes sexual misconduct, discrimination, harassment or retaliation toward another student or employee 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 providing information related to 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 status or employment in a course, program or activity, or is used as a basis for an academic or employment 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 academic success or employment; or
  • Submission to or rejection of the conduct is used, threatened, or suggested to be used as the basis for academic decisions or employment-related decisions; or
  • Such conduct has the purpose or effect of substantially interfering with a student or employee’s performance or creating a hostile, intimidating or offensive educational or work 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 educational environment or terms or conditions of employment, if such action (whether actual or threatened) is because of the individual’s filing of or participation in the review of 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 suspension or expulsion.

Persons believing they have been subject to prohibited conduct, as set forth in this Policy, may file a complaint as set forth in the Student Discrimination, Harassment or Retaliation Complaint Operating Procedure 319.05.

Date of Adoption: 03/25/2010
Revised: 08/18/2011, 08/13/2015, 07/16/2020 (effective 08/14/2020)