Unlawful Discrimination and Harassment Policy
The college is fully committed to providing a learning and work environment that is free from prohibited discrimination. The college does not practice or condone discrimination based on race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration or in any of its academic programs and employment practices.
Legal Reference:
Title VII of the Civil Rights Act of 1964; The Americans with Disabilities Act of 1990; Section 504 of the Rehabilitations Act of 1973; The Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Title II of the Genetic Information Nondiscrimination Act of 2008; Title IX of the Higher Education Amendments of 1972; Lily Ledbetter Act; NC Equal Employment Practices Act; NC Retaliatory Employment Discrimination Act; Jeanne Clery Disclosure Act of Campus Security Policy and Campus Statistic Act of 1990; Campus Sexual Assault Victim’s Bill of Rights of 1992; Violence Against Women Act of 1994; Campus Sexual Violence Elimination Act of 2013.
UNLAWFUL DISCRIMINATION AND HARASSMENT PROCEDURE
The college is fully committed to providing a learning and work environment that is free from prohibited discrimination. The college does not practice or condone discrimination based on race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration or in any of its academic programs and employment practices.
I. DEFINITIONS
The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Unlawful Discrimination.”
The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.
In applying these definitions, college administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.
A. Discrimination: any act or failure to act that unreasonably differentiates treatment of others based solely on their Protected Status and is sufficiently serious, based on the perspective of a reasonable person, to unreasonably interfere with or limit the ability of that individual to participate in, access or benefit from the college’s programs and activities. Discrimination may be intentional or unintentional.
B. Harassment: a type of Discrimination that happens when verbal, physical, electronic or other behavior based on a person’s Protected Status interferes with a person’s participation in the college’s programs and activities and it either creates an environment that a reasonable person would find hostile, intimidating, abusive or where submitting to or rejecting the conduct is used as the basis for decisions that affect the person’s participation in the college’s programs and activities. Harassment may include, but is not limited to:
- threatening or intimidating conduct directed at another because of the individual’s Protected Status
- jokes, name calling, or rumors based upon an individual’s protected status
- ethnic slurs, negative stereotypes and hostile acts based on an individual’s Protected status
C. Protected Status: race, color, national origin, religion, sex, pregnancy, disability, genetic information, age, political affiliation or veterans’ status.
D. Standard of Evidence: the college uses the preponderance of the evidence as the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt,” “innocence,” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The college will find the responding party either “responsible” or “not responsible” for violating these procedures.
II. STATEMENTS OF PROHIBITION
A. Prohibition of Retaliation
Retaliation is strictly prohibited by law against anyone who in good faith reports a suspected violation of campus policy, who assists in making such complaint, or who cooperates in the investigation. Retaliation means taking any adverse action in response to a complaint being made. Written complaints of retaliation should be brought directly to the attention of the Title IX coordinator, the vice president, student services, or the director, human resources.
The written complaint should specify the following:
1. of alleged offender(s)
2. Date, time, and place of the incident
3. Description of the incident
4. Names of witnesses to the incident
Such complaints will be promptly investigated in a separate investigation from the initial complaint of misconduct. If retaliation is found, the person retaliating will be subject to corrective action up to and including termination from employment, in cases involving employees, or in the case of a student up to and including suspension and/or expulsion.
B. Prohibition of Providing False Information
Any individual who knowingly files a false report or complaint, who knowingly provides false information to college officials or who intentionally misleads college officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The college recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of unlawful discrimination.
III. REQUESTING ACCOMMODATIONS
A. Students
Students with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact CCC&TI’s Office of Disability Services. Information provided by students is voluntary and strict confidentiality is maintained. All requests for accommodations will be considered following the appropriate federal and state laws.
The college will also provide reasonable accommodation of a student’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other students and employees and/or the accommodation does not cause an undue hardship for the college.
B. Employees
Employees with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the Office of Human Resources located at H.E. Beam Hall (A-building). Information provided by employees is voluntary and strictly confidential.
The college will also provide reasonable accommodation of an employee’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other employees and students and/or the accommodation does not cause an undue hardship for the college.
IV. REPORTING OPTIONS
A. Student Complaints
Any student wishing to make a report relating to Unlawful Discrimination and Harassment may do so by reporting the concern as outlined in Policy 6.28 – Student Grievance
For unlawful discrimination and harassment incidents between students and employees, the vice president for student services will work in partnership with the director of human resources to investigate and resolve the allegations.
B. Employee Complaints
Any employee wishing to make a report related to Unlawful Discrimination and Harassment may do so by reporting the concern as outlined in Policy 4.9 – Employee Grievance.
For unlawful discrimination and harassment incidents between employees and students, the director of human resources will work in partnership with the vice president for student services to investigate and resolve the allegations.