GENERAL EMPLOYMENT AND WORKPLACE ISSUES

Equity Grievence Resolution

[Expanded PDF Version]

Colby Community College affirms its commitment to fairness and equity in all aspects of the College’s educational mission. All policies below are subject to resolution using the College’s Equity Grievance Process, as noted below within the process for resolving grievances of harassment, sexual misconduct and other forms of discrimination. The Equity Grievance Process is applicable regardless of the status of the parties involved, who may be faculty, employees, students, constituents and non-members of the campus community. The College reserves the right to act on incidents occurring on-campus or off-campus, when the off-campus conduct could have an on-campus impact or impact on the educational mission of the College.

The Human Resources Manager serves as the employee Title IX Coordinator and the Dean of Student Affairs serves as the student Title IX Coordinator/504. Both positions oversee the college’s Equity Grievance Process and reports of discrimination, harassment and/or retaliation should be made to the appropriate coordinator promptly, but there is no time limitation on the filing of grievances, as long as the accused/respondent individual remains subject to the College’s jurisdiction. All reports are acted upon promptly while every effort is made by the College to preserve the privacy of reports. Reports of discrimination by either Title IX Coordinator (Title IX of the Education Amendments of 1972) should be reported to the College President, Colby Community College, 1255 S. Range, Colby, KS or by calling the President’s Office at 785-460-5400.

This policy applies to actions that take place on campus, at college-sponsored events, off-campus and online when the Title IX Coordinator determine that conduct adversely affects the College community interests is defined to include:

• Any action that constitutes criminal offense as defined by federal or Kansas state law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in the municipality where the College is located;
• Any situation where an individual may present a danger or threat to the health or safety of self or others;
• Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
• Any situation that is detrimental to the educational interests of the

Any online postings or other electronic communication by all employees, students, non-members and constituents including cyberbullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the College’s control (e.g. not on College networks, websites or between College email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial disruption. Otherwise, such communications are considered speech protected by the 1st Amendment.

* For more information, refer to the Social Media Policy.

Inquiries about this policy and procedure may be made internally to:

Employee Title IX Coordinator
Office of Human Resources
Colby Community College
1255 S. Range Ave
Colby, KS 67701
785-460-5406
hr@colbycc.edu 

Student Title IX Coordinator/504 Office of Student Affairs
Colby Community College
1255 S. Range Ave
Colby, KS 67701
785-460-5490

Inquiries may be made externally to:

Office for Civil Rights (OCR)
U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202
Customer Service Hotline #: (800) 421-3481

TDD#: (877) 521-2172

Email: OCR@ed.gov
Web: https://www.ed.gov/ocr

 

Office for Civil Rights, Kansas City Office
U.S. Department of Education One Petticoat Lane
1010 Walnut Street
Suite 320
Kansas City, MO 64106

Telephone: (816) 268-0550
Email: OCR.KansasCity@ed.gov

Equal Employment Opportunity Commission (EEOC) Contact: http://www.eeoc.gov

 

Colby Community College Policy on Nondiscrimination
Colby Community College adheres to the Title VI Civil Rights Act of 1964, and all federal and state civil rights laws banning discrimination in public institutions of higher education. Colby Community College will not discriminate against race, color, gender, age, disability, national origin or ancestry, sexual orientation or religion or any other protected category under applicable local, state or federal law, including protections for those opposing discrimination or participating in any grievance process on campus or within the Equal Employment Opportunity Commission or other human rights agencies. When brought to the attention of the College, any such discrimination will be appropriately remedied by the College according to the procedures as noted below within the process for resolving grievances of harassment, sexual misconduct and other forms of discrimination.

Colby Community College Policy on Accommodation of Disabilities
In accordance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, Colby Community College shall adhere to all applicable federal and state laws, regulations, and guidelines with respect to providing effective communications and modifications as necessary to afford equal access to programs for qualified persons with disabilities and to ensure that no qualified individual shall be, by reason of disability, excluded from participation in, or be denied the benefits of the services, programs, or activities of CCC, or be subjected to discrimination by CCC.

Colby Community College is committed to providing equal access to employment, educational programs, and activities for all individuals with disabilities. The institution recognizes that students and employees with disabilities may need accommodations to have equally effective opportunities to participate in or benefit from the institutional educational programs, services and activities.

A student requesting any accommodation should first contact the Coordinator of Disability Services who coordinates services for students with disabilities. An employee with a disability is responsible for requesting an accommodation in writing to the Human Resources Manager and provide appropriate documentation. The Human Resources Manager and the Vice President of Student Affairs will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.

Colby Community College Policy on Discriminatory Harassment
Colby Community College will not tolerate discriminatory harassment on the basis of any status protected by College policy or law. All employees, students and constituents are entitled to a working environment and educational environment free of discriminatory harassment. The College’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters protected by academic freedom, or the 1st Amendment. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under College policy.

Bias-Related Harassment

Harassment constitutes a form of discrimination that is prohibited by law. Colby Community College will seek to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile environment. When harassment rises to the level of creating a hostile environment, the College may, to the extent it has the authority to do so, also impose sanctions on the harasser. The College’s harassment policy explicitly prohibits any form of harassment, defined as unwelcome conduct on the basis of actual or perceived membership in a protected class, by any member or group of the community.

A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent/pervasive and objectively offensive that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.

Offensive conduct that does not rise to the level of discrimination may not result in the imposition of discipline under College policy, but may be addressed through remedial actions, education, training and/or effective conflict resolution mechanisms. For assistance with conflict resolution techniques, employees should contact the Human Resources Manager and the area supervisor and students should contact the Director of Residence and Student Life or Vice President of Student Affairs.

Sexual Harassment

The Equal Employment Opportunity Commission and the State of Kansas regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice and is prohibited under College policy. Colby Community College has adopted the following definition of sexual harassment:

Sexual harassment is: unwelcome, sexual or gender-based verbal, written, online and/or physical conduct, and is based on power differentials (quid pro quo). Anyone experiencing sexual harassment in any College program is encouraged to report it immediately to the appropriate Title IX Coordinator.

Sexual Misconduct

All employees, students, constituents and non-members have the right to be free from all violence, including sexual violence. Everyone within the campus community is expected to conduct himself or herself in a manner that does not infringe upon the rights of others. The College believes in a zero tolerance for all misconduct, including gender-based misconduct, which typically includes the crimes of rape, acquaintance rape, domestic violence, dating violence, sexual assault, sexual harassment, and stalking. When an allegation of misconduct is brought to an appropriate administration’s attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This is intended to define community expectations, to establish a mechanism for determining when those expectations have been violated and to provide recourse for those individuals whose rights have been infringed upon.

Non-Consensual Sexual Contact is defined as:

• • • any intentional sexual touching
    • however slight
    • with any object
    • by a person upon another person
    • that is without consent and/or by force

Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.

            Non-Consensual Sexual Intercourse is defined as:

• • • any sexual penetration or intercourse (anal, oral or vaginal)
    • however slight
    • with any object
    • by a person upon another person
    • that is without consent and/or by force

Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.

In support of the Violence Against Women Act, Title IX regulations and the Clery Act, the college prohibits crimes as defined in the Annual Security Report. The complete Kansas rape and sexual assault offense definitions are located at http://www.kslegislature.org/li_2012/b2011_12/statute/

Sexual Exploitation

Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Contact or Non-Consensual Sexual Intercourse. Examples of sexual exploitation include, but are not limited to:

• • Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed)
  • Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent)
  • Prostitution
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
  • Or any other activity that constitutes sexual exploitation

* For more information, see the Personal Relationships Policy.

Consent

Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.

It is not an excuse that the individual responding party of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.

In Kansas, a minor (meaning a person under the age of 16 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 16 years old, consenting and un-consenting, is a crime.

Other Civil Rights Offenses

• • Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person
  • Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity. Hazing is also illegal under Kansas law and prohibited by College policy
  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally
  • Violence between those in an intimate relationship to each other (this includes romantic relationships, dating, domestic and/or relationship violence)
  • Stalking, defined as a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear
  • Any other College rules or any other civil right offenses covered under law

 

*Deliberately false and/or malicious accusations are just as serious an offense as harassment and will be subject to appropriate t (employees).

Retaliation
Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a party bringing a grievance or for assisting in providing information relevant to a claim of harassment is a serious violation of College policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the appropriate Title IX Coordinator and will be promptly investigated. Colby Community College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.

Remedial Action/Protective Measures
The College reserves the right to take whatever measures it deems necessary in response to an allegation of misconduct in order to protect rights, personal safety and well-being of the campus community. The college employs interim protective measures in any case where behavior represents a risk of violence, threat, pattern or predation. Such action may include taking disciplinary action against those whose behavior off college premises indicates they pose a serious and substantial danger to others.

Normally, such substantial danger may be manifested by a pending criminal charge, usually relating to a crime of sexual misconduct, violence, burglary, substantial theft or fraud, the sale of illegal drugs, or the possession of substantial quantities of illegal drugs. Anyone who engages in such activity may be accountable to both civil authorities and to the College for acts that constitute violations of the law. Disciplinary action imposed by the College will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. A law enforcement investigation does not relieve the College of its independent Title IX obligation to investigate conduct and to resolve complaints promptly and equitably.

In all cases, if the complainant (reporting party) wishes to access local advocacy options, on/off campus counseling services, medical care and/or law enforcement for support, the college will assist in making these contacts. An individual isn’t required to take advantage of these resources, but the College provides them through written and verbal communication in the hopes of offering help and support.

The appropriate Title IX Coordinator will offer assistance in the form of interim or long-term measures such as:

• Opportunities for academic accommodations
• Changes in on-campus housing for the reporting party or the responding party
• Arranging to dissolve a housing contract and pro-rating a refund
• Visa and immigration assistance
• Changes in working situations and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, transportation
• Assistance, targeted interventions, temporary withdrawal, ).

Confidentiality and Reporting of Offenses
Every reasonable effort will be made to maintain the privacy and rights of individuals involved in the reporting of offenses. College officials, depending on their roles, have varying reporting responsibilities and abilities to maintain confidentiality. In order to make informed choices, one should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. Privacy of records are maintained in accordance with Kansas law, Title IX and the federal FERPA statute. Any public release of information to comply with the open crime logs or timely warning provisions of the Clery Act will not release the names of victims or information that could easily lead to a victim’s identification. The College maintains privacy in relation to any accommodations or protective measures afforded to a victim, to the greatest possible extent. Under Kansas Law, if either party is under 18 and has been reported being physically, mentally, or sexually abused, College authorities are mandated to report the alleged abuse to law enforcement.

Confidential reporting
If a reporting party desires the details of an incident to be kept confidential, the reporting party may speak with the campus counselor, student health nurse, off-campus counselors, domestic violence resources, off-campus members of the clergy/chaplains who will maintain confidentiality except in extreme cases of immediacy of threat or danger or abuse of a minor.

If a reporting party desires that details of an incident be kept confidential, s/he may seek to speak with the following resources:

On-campus support
Counseling Services: (785) 460-5439, Thomas Hall
Health Services: (785) 460-5502, Student Union

Off-campus support
OPTIONS- Victim Advocacy and Domestic and Sexual Violence Services, Toll Free Kansas Crisis Line at 1- (800) 794-4624 or (785) 460-1982
Heartland Rural Counseling Services (785) 460-7588

College as Complainant
The college reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct when necessary to protect the community.

Non-Confidential Reporting Options
It is the collective responsibility of all members of the College community to foster a safe and secure environment. The College takes the matter very seriously in the event of sexual misconduct, or other civil rights offenses. Incidents, when reported, are investigated and properly resolved through administrative procedures. Responsible employees must report and/or investigate any reported offense. A victim may seek assistance from these “responsible employees” without starting a formal process that is beyond the victim’s control, or violates his or her privacy.

Responsible Employees:

• • • President
    • Vice President of Academic Affairs
    • Vice President of Student Affairs
    • Director of Admissions
    • Human Resources Director
    • Athletic Director
    • Campus Security
    • Director or Residence and Student Life

Federal timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The College will make every reasonable effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger.

[Added May 2019]