Guidelines/Procedures


Subject: Harassment Prevention
Guideline/Procedure for AR#:

6.02.001

Date Effective: 08/26/2011

 

Purpose

 

To set forth the process and procedures for reporting, investigating, and resolving harassment or bullying complaints.

 

Reporting Process

 

Any College employee who has a formal or informal complaint or observes potentially harassing conduct at the College should bring the complaint to the attention of a supervisor or the Vice President of Human Resources.

 

If a complaint is submitted to the Vice President of Human Resources, the Vice President of Human Resources shall refer the complaint to the appropriate Executive Vice President for an investigation.

 

Investigation Process

 

The supervisor shall be responsible for conducting the initial investigation.  The College’s investigation will include interviews with all relevant persons, including the complainant, the alleged harasser, and other potential witnesses.  If the investigation reveals that the allegation is valid, immediate and appropriate corrective action will be taken to stop the harassment and prevent its reoccurrence.  If the validity of the allegation cannot be determined, immediate action will be taken to reacquaint all parties with the College’s Harassment Prevention Administrative Rule and Guidelines/Procedures.  Within 10 working days of the conclusion of the investigation, the supervisor conducting the investigation or the appropriate Executive Vice President shall review the investigation’s finding with the complainant.

 

If the employee is not satisfied with the outcome, the complaint shall be handled as a complaint in accordance with Administrative Rule #6.08.005, Resolution of an Employee Complaint or Grievance.  The outcome of any investigation shall be reported in writing to the appropriate Executive Vice President or highest level Administrator.

 

Retaliation

 

ACC prohibits reprisal or retaliation against any person who reports an act of harassment or bullying, and any person who testifies in an investigation or lawsuit concerning harassment or bullying.

 

Consequences

 

Employees who commit acts of harassment or bullying and employees who engage in reprisal or retaliation are subject to the College’s disciplinary rules and procedures.  Consequences for employees, who commit one or more acts of harassment or bullying, or retaliation, may include positive behavioral interventions, reassignment, training, probation, suspension, or termination.

 

Definitions

  1. Sexual harassment is defined by the Equal Employment Opportunity Commission as, "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."  There are two types of sexual harassment:

a.       Quid Pro Quo is the request for sexual favors, when submission to or rejection of such request becomes a basis for employment or academic related decisions.

 

b.       Hostile environment is when an atmosphere is fused with unwelcome sexual conduct that interferes with an individual’s job performance or learning environment or creates an intimidating, hostile or offensive environment. 

  1. Racial harassment is conduct which includes racially derogatory remarks, racial slurs or any other racially motivated action.  Provisions of this Rule will be applied without regard to the race of the employee(s) involved.

  1. Harassment is unwelcome conduct that is based on actual or perceived race, color, religion, gender, national origin, age, sexual orientation, disability, or genetic information.

             Federal and state law defines harassment as a form of discrimination that violates any of the following laws:

 

·         Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, gender, or national origin;

·         The Pregnancy Discrimination Act (which amended Title VII of the Civil Rights Act of 1964) makes it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth;

·         The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment, from gender-based wage discrimination;

·         The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

·         Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

·         Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; or

·         Texas Commission on Human Rights Act, Texas Labor Code, Chapter 21.

Harassment includes actions, such as gestures, physical acts, or written, verbal or graphic acts (including electronically transmitted acts) that are reasonably understood as being motivated by actual or perceived characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, or disability.

             Offensive conduct may include, but is not limited to:

 

·         Offensive jokes,

·         Slurs,

·         Epithets,

·         Name-calling,

·         Physical assaults or threats,

·         Intimidation,

·         Ridicule or mockery,

·         Insults,

·         Offensive words, objects or pictures (including electronically transmitted items).

  1. Bullying is conduct, including acts, or language or both, that are sufficiently severe, persistent, or pervasive enough to adversely affect the employee’s ability to function productively in the workplace.

             Offensive conduct may include, but is not limited to:

 

·         Abusive, insulting or offensive language, such as the use of derogatory remarks, insults and epithets;

·         Behavior or language that frightens, humiliates, belittles or degrades, including criticism that is delivered with yelling and screaming;

·         Inappropriate comments about a person's appearance, lifestyle, or his or her family;

·         Regularly teasing or making someone the brunt of pranks or practical jokes;

·         Sabotaging or undermining an employee’s work performance;

·         Physical assault or threats; or

·         Acts that are intended to intimidate or control another person.

 

 

 


President/CEO:   Stephen B. Kinslow Date:  08/26/11