Policy 311 Non-Discrimination and Prevention of Harassment and Related Unprofessional Conduct

Message from Timothy J. Donovan Chancellor The Vermont State Colleges are committed to maintaining a work and learning environment free of all forms of discrimination and harassment. The VSC does not tolerate harassment, and such behavior is prohibited both by law and by VSC policy. Creating a community free of discrimination and harassment requires ongoing commitment on the part of everyone. I thank you for taking the time to be informed on this serious issue. Timothy J. Donovan Chancellor

Training Outline Training Purpose Policy Statement Federal Laws State Laws Definitions Unlawful or Bad Behavior Academic Freedom Unprofessional Conduct Cooperation and Confidentiality Process and Procedures

Purpose The purpose of this training is to provide all members of the VSC community with an overview of the Vermont State Colleges policy regarding unlawful harassment and discrimination. It is your responsibility, as a student, employee, or faculty member, to be familiar with the VSC Policy 311.

Policy Statement

The Vermont State Colleges and each member College do not engage in unlawful discrimination based on race, color, creed, ancestry, ethnicity, national origin, place of birth, sex, sexual orientation, gender identity, disability, age, veteran status, marital status or any other status protected by law. Sexual harassment, racial harassment, and harassment of persons based upon other protected categories (e.g. gender, gender identity, marital status) are forms of discrimination and will not be tolerated.

Policy Statement - Continued Also, inappropriate sexual relationships between staff and students, although they may not rise to the level of sexual harassment, are prohibited. Further, the VSC and each member College, in accordance with Vermont law, do not discriminate against any person on the basis of the person having a positive HIV-related blood test.

Policy Coverage VSC Policy 311 prohibits discrimination in the application process for admissions or employment, in academic and residential programs, in employment policies, in scholarship and loan programs, in athletic programs and in any other programs or facilities.

Federal and State Laws

Protected Categories - Federal Laws Federal law offers protection to certain groups of individuals. It is illegal to discriminate against any individual or groups of individuals based on race, color, creed, ancestry, ethnicity, national origin, place of birth, sex, sexual orientation, disability, age, veteran status, or marital status. These are defined as “protected categories” of individuals. For additional information on some of these federal laws, use the links below. Title IX of the Education Amendment of Title VII of the Civil Rights Act of Age Discrimination in Employment Act Americans with Disabilities Act

Protected Categories - Vermont Laws The state of Vermont also has specific laws that protect additional groups of individuals. These include gender identity, marital status And individuals who are HIV positive. You may access additional information on Vermont law by clicking on the links below. Title XVI on=02182 Harassment and hazing prevention policies on=01127 Discrimination and testing prohibited

DEFINITIONS Vermont State Colleges Policy 311

Discrimination Discrimination means unlawful discrimination which is the exclusion from participation in or denial of any accommodations, advantages, benefits, facilities, privileges or services based on any of the protected categories mentioned previously.

Harassment An incident or incidents of verbal, written, visual or physical conduct or communication based on a person’s or a person’s family member’s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation or disability that has the purpose or effect of objectively and substantially interfering with a student’s educational performance or an employee’s performance or creating an intimidating, hostile or offensive work environment.

Harassment Based on Other Protected Categories This means conduct that meets the definition of harassment but is directed at the characteristics of a person or a person’s family member’s creed, national origin, marital status, gender identity sex, sexual orientation or disability.

Racial Harassment Conduct that meets the definition of harassment and is directed at the characteristics of a person or a person’s family member’s actual or perceived race or color. It can include the use of epithets, stereotypes, racial slurs, comments, insults, gestures, threats or circulation of written or visual materials.

Sexual Harassment of a Student An incident or incidents that has the purpose or effect of objectively and substantially interfering with a student’s educational performance or access to school resources or creating an intimidating, hostile or offensive environment. It can include unwelcome sexual advances, requests for sexual favors and other verbal, written, visual or physical conduct when one or both of the following occur: 1.Submission to the conduct is made explicitly or implicitly a term or condition of a student’s education. 2.Submission to or rejection of the conduct by a student is used as a component of the basis for decisions affecting the student.

Sexual Harassment of an Employee Sexual harassment of an employee means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. submission to that conduct is made either explicitly or implicitly a term or condition of employment; or 2. submission to the conduct is used as a basis for employment decisions affecting that employee; or 3. the conduct has the purpose or effect of objectively and substantially interfering with the employee’s work performance or creating an intimidating, hostile or offensive work environment.

Is it unlawful discrimination or inappropriate behavior?

Is all harassment or discrimination unlawful? Harassment and discrimination can come in many different forms and does not always violate Policy 311. It may sometimes be just plain bad behavior and should be stopped. One example of discrimination that is not illegal is when a college chooses to accept one student over another. However, if the college makes adverse admissions decisions based on protected personal characteristics, such as race, that would be unlawful discrimination.

Examples of Unlawful Discrimination Denying any person access to a College facility or program based on that’s person race, ancestry, national origin, sexual orientation, age, gender identity, etc. Making any decision regarding a person’s employment status based on any of the protected categories. Creating an unwelcome or hostile environment based on any protected category of student or employee.

Unlawful or inappropriate behavior? Even if the behavior or action is not illegal, it can still be considered inappropriate and cause for some sort of disciplinary action. An example of inappropriate behavior could be a faculty member who continually tells inappropriate jokes in a classroom setting. The jokes, while offensive, involve protected personal characteristics, such as race or gender. This could be considered bad behavior and should be reported to the appropriate authority.

Academic Freedom

The VSC recognizes that the protection of free and open speech and the open exchange of ideas are essential to any academic or artistic community. Therefore, the VSC Policy is not meant to inhibit or prohibit discussions of complex, controversial or sensitive topics. The free exchange of ideas and serious debate must be protected even when the views expressed are unpopular or controversial.

Academic Freedom However, sometimes verbal conduct may be used to specifically intimidate or coerce persons in protected classifications. Such abuses are unacceptable and appropriate action shall be taken to stop this behavior.

Academic Freedom or Harassment? A discussion of world religions may be part of a college course. These discussions may make some participants uncomfortable, but it is a legitimate component of the course. However, if the discussions single out members of a particular religion, casting them in a negative light, this could be harassment if it otherwise meets the definition of the harassment as described previously.

Unprofessional Conduct

The Vermont State Colleges discourage all amorous or sexual relationships between students and employees regardless of the genders involved. However, any relationships of this type are specifically prohibited under Policy 311 when the VSC there is a position of power and authority present with respect to that student.

Unprofessional Conduct - Continued Examples of this “unprofessional conduct” would be a coach who initiates a relationship with a student on his or her team or an academic advisor who has a romantic relationship with a student he or she is advising. It should be noted that Policy 311 in its definition does not address unprofessional conduct between employees. However, it would be inappropriate for a supervisor to initiate a romantic relationship with an employee he or she supervises and could lead to significant problems.

What is your responsibility?

Your responsibility as a student, employee, faculty member or supervisor. It is your duty to report to an appropriate person when you witness or become aware of any behavior that may be considered discrimination or inappropriate behavior.

Cooperation and Confidentiality All members of the VSC community are required to cooperate if there is an investigation of a harassment complaint. The details of the complaint and those involved will be kept as confidential as possible. It is, however, important to know that the VSC cannot promise that your name will not come up in the investigation.

Process and Procedures

It should be clearly understood that the Colleges strictly prohibit any retaliation against a student or employee who files a Policy 311 complaint. The Policy 311 Coordinator on your campus can help you with the process. You may file an informal or formal complaint. Generally, you should report within 180 days of the alleged incident.

Who should I talk to if I think I am being harassed or I have witnessed or become aware of behavior that I think is harassment? Community College of Vermont Heather Weinstein, - Castleton State College Employee Issues Janet Hazelton,Director of Human Resources Student Issues Victoria Angis, Asst Dean of Student Life -

Contact People - Continued Johnson State College JoAnn Lamore, Assistant Academic Dean- Lyndon State College Jonathan Davis, Dean of Students - Kate Gold, Student Success Specialist - Vermont Technical College Pam Ankuda, Director of Human Resources – Chancellor’s Office Nancy Shaw, Director of Human Resources –