Sexual Harassment Policy
for Employees and Students

The policy of the Maricopa County Community College District (MCCCD) is to provide an educational, employment, and business environment free of unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct or communications constituting sexual harassment as defined and otherwise prohibited by state and federal law.

Sexual harassment by and between, employees; students; employees and students; and campus visitors and students or employees, is prohibited by this policy.

Violations of this policy may result in disciplinary action up to and including termination for employees; sanctions up to and including suspension or expulsion for students; and appropriate sanctions against campus visitors.

This policy is subject to constitutionally protected speech rights and principles of academic freedom. Questions about this policy may be directed to the MCCCD EEO/Affirmative Action Office.

Examples of Policy Violations

It shall be a violation of MCCCD's Sexual Harassment Policy for any employee, student or campus visitor to:

• Make unwelcome sexual advances to another employee, student or campus visitor;
• Make unwelcome requests for sexual favors, whether or not accompanied by promises or threats with regard to the employment or academic relationship;
• Engage in verbal or physical conduct of a sexual nature with another employee, student or campus visitor, that may threaten or insinuate, either explicitly or implicitly, that the individual's submission to, or rejection of, the sexual advances will in any way:
  (1) influence any personnel decision regarding that person's employment, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development; or
  (2) influence his or her grades, participation in or access to academic programs, class standing or other educational opportunities;
• Engage in verbal or physical conduct of a sexual nature that:
  (1) has the purpose or effect of substantially interfering with an employee's ability to do his or her job; or with a student's ability to learn or participate in a class; or
  (2) which creates an intimidating, hostile or offensive work or academic environment;
• Commit any act of sexual assault or public sexual indecency against any employee or student whether on MCCCD property or in connection with any MCCCD-sponsored activity;
• Continue to express sexual interest in another employee, student or campus visitor after being informed or on notice that the interest is unwelcome (reciprocal attraction is not considered sexual harassment);
• Engage in other sexually harassing conduct in the workplace or academic environment, whether physical or verbal, including, but not limited to, commentary about an individual's body (or body parts), sexually degrading words to describe an individual, sexually offensive comments, sexually suggestive language or jokes, innuendoes, and sexually suggestive objects, books, magazines, computer software, photographs, cartoons or pictures.

Additional Policy Violations

Supervisors, managers, administrators and faculty who disregard or fail to report allegations of sexual harassment (whether reported by the person who is the subject of the sexual harassment or a witness) are in violation of this policy.

Responsibility for Policy Enforcement

Every MCCCD employee and student must avoid offensive or inappropriate sexual and/or sexually harassing behavior at work or in the academic environment.

Employees and students are encouraged (but not required) to inform perceived offenders of this policy that the commentary / conduct is offensive and unwelcome.

Amorous Relationships

An amorous relationship that might be appropriate in other circumstances may be inappropriate if one of the individuals in the relationship has a professional responsibility toward, or is in a position of authority with respect to, the other, such as in the context of instruction, counseling, advisement or supervision. An element of power is often present in such a context and it is incumbent upon those with authority not to abuse that power.

COMPLAINTS

Employees

Employees who experience sexual harassment at work (by a supervisor, co- employee, student or visitor) are urged to report such conduct to the direct attention of their supervisor, their college president or to the MCCCD EEO/AA Office. If the complaint involves the employee's supervisor or someone in the direct line of supervision, or if the employee for any reason is uncomfortable in dealing with his or her immediate supervisor, the employee may go directly to the MCCCD EEO/AA Office.

Students

Students who experience sexual harassment in the academic environment (by a faculty member, administrator, campus visitor or other student) are urged to report such conduct to the Dean of Students (or equivalent) at each individual campus. A student may also contact the MCCCD EEO/AA Office to obtain the name and phone number of the college official designated to respond to sexual harassment complaints.

General - Applicable To Both Employees And Students

Complaints will be investigated according to procedures established by the MCCCD EEO/AA Office. Copies of these procedures may be obtained in the college president's office, Dean of Students Office and the MCCCD EEO/AA Office.

The college/center/MCCCD will investigate all complaints as professionally and expeditiously as possible.

Where investigation confirms the allegations, appropriate responsive action will be taken by the college/center/MCCCD.

The MCCCD EEO/AA Office phone number is 480-731-8885.

Confidentiality

Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with MCCCD's legal obligation to investigate and resolve issues of sexual harassment.

Violations of Law

An employee or student may be accountable for sexual harassment under applicable local, state, and/or federal law, as well as under MCCCD policy. Disciplinary action by MCCCD may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.

False Statements Prohibited

Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge, will be subject to appropriate disciplinary action, up to and including, employment termination or academic dismissal.

Retaliation Prohibited

Retaliation against an employee or student for filing a sexual harassment complaint, or participating in the investigation of a complaint, is strictly prohibited. MCCCD will take appropriate disciplinary action, up to and including employment termination or academic dismissal if retaliation occurs.