3357:12-3-16. Title IX policy

Anti-discrimination, harassment and sexual misconduct

(A) Purpose. Zane state college strongly opposes and will not tolerate any form of harassment or discrimination, which includes sexual misconduct, on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment based on the protected classes and includes the creation of an intimidating, hostile, or offensive working or learning environment. The college will take immediate steps to investigate and take appropriate corrective measures to ensure this policy is enforced.

The college recognizes all employees and students should be able to work and learn in safety and dignity and should not have to endure insulting, degrading, or objectionable treatment. Any individual within the college community, including third parties, who files a complaint or participates in an investigation shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation.

Discrimination, harassment, and sexual misconduct are illegal. This policy and the associated procedures are not intended to impair or limit the right of anyone to seek a remedy available under state or federal law. This rule may in some respects exceed the requirements of applicable law. However, this rule will not be enforced so as to infringe upon rights protected by the First Amendment of the United States Constitution, including academic freedom.

(B) Application. This policy and the associated procedures are applicable to all aspects of college operations and programs. It applies to all college students and employees, including student-employees, faculty, and staff. It also applies to all vendors, contractors, subcontractors, and others who do business with the college.

(C) Reporting. Any person who believes he or she has been a victim of discrimination, harassment, or sexual misconduct is strongly encouraged to pursue relief by reporting the behavior to the appropriate individual. Reports can be made directly to the vice president for student services, the director of campus safety and security, or the director of human resources. The director of human resources serves as the Title IX officer. Alternatively, a victim may report the behavior to any college faculty or staff member.

(D) Any college employee, as designated in paragraph (C) of this rule, who has received a report or who has knowledge of discrimination, harassment, or sexual misconduct must promptly inform Title IX officer or the director of human resources, who will be available to respond to any questions or concerns regarding this policy and associated procedures.

(E) Action. Each report of discrimination, harassment, or sexual misconduct will be promptly and impartially investigated. Interim measures to prevent continued discrimination, harassment, or sexual misconduct during the complaint investigation will be considered and implemented as deemed appropriate. If the college determines there is reasonable cause to believe that a violation of this policy has occurred, the college will take action to provide appropriate relief to the victim, to prevent future discrimination, harassment, and to remedy discriminatory effects. This may include disciplinary action against the accused, as outlined in applicable student and employee conduct and disciplinary policies, procedures, and guidelines, as well as associated procedures implemented pursuant to this policy.

(F) Compliance. The office of human resources is the college's designated office for compliance with federal statutes including Titles VI, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination Act of 1978, Age Discrimination Act for students, Executive Order 11246, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era Veterans' Readjustment Act of 1974, and regulations of the office of federal contract compliance program.

(G) Implementation. The director of human resources, the vice president for student services, and the director of campus safety and security will jointly implement procedures and forms, which are consistent with the provisions of this rule.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357