Sexual and Other Unlawful Harassment

Policy Statement

Cape Fear Community College (the “College”) prohibits any form of sexual or other unlawful harassment involving any of its employees in the employment relationship or involving any College employee and a student of the College in the educational relationship, whether it is in the form of a College employee harassing a student or a student harassing a College employee.

Procedure

Cape Fear Community College (the “College”) prohibits any form of sexual or other unlawful harassment involving any of its employees in the employment relationship or involving any College employee and a student of the College in the educational relationship, whether it is in the form of a College employee harassing a student or a student harassing a College employee.

The College has a firm belief and has established a policy that all employees and students are entitled to work and learn in an environment free of discrimination or intimidation based on race, color, religion, gender (including gender identity and status as a transgender or transsexual individual), sex (including pregnancy and sexual orientation), age, national origin, disability, or other legally protected status, or that of an employee’s or a student’s relatives, friends, or associates.

Sexual harassment does not require physical contact but merely has to create an unwelcome environment between employees and between employees and students. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to the conduct is made a term or condition of an individual’s employment or education (either explicitly or implicitly), when submission to or rejection of the conduct is used as the basis for employment or educational decisions affecting the individual, or when the conduct in any way interferes with an individual’s work or educational performance or creates an intimidating, hostile, or offensive environment. Occasional compliments of a socially acceptable nature do not constitute sexual harassment.

Other unlawful harassment consists of verbal or physical conduct that denigrates or shows hostility or aversion toward
an individual because of his or her race, color, religion, gender (including gender identity and status as a transgender or transsexual individual), sex (including pregnancy and sexual orientation), age, national origin, disability, or other legally protected status, or that of his or her relatives, friends, or associates, and that has the purpose or effect of creating an intimidating, hostile, or offensive environment; has the purpose or effect of interfering unreasonably with an individual’s work or educational performance; or otherwise adversely affects an individual’s employment or educational opportunities.

Any act, comment, or behavior that constitutes sexual or other unlawful harassment is strictly prohibited and will not be tolerated of any employee or student, either on or off College premises. This prohibition covers not only the relationships between employees of the College, but also each employee’s relationships with students of the College or with the employees of other companies encountered in the course of performing the duties of his or her job.

Reports by Employees

Employees, without any fear of reprisal, have the responsibility to bring any form of sexual and other unlawful harassment (whether by another employee or by a student of the College) to the attention of their supervisor or department head. Any supervisor, department head, or other College administrator who receives a report from an employee alleging sexual or other unlawful harassment must report the matter to the Vice President of Human Resources & College Safety immediately so an investigation may be initiated into the circumstances of the incident and alleged harassment.

If an employee is uncomfortable with reporting such harassment to his or her immediate supervisor or department head, he or she should report it to the Vice President of Human Resources & College Safety. If uncomfortable with initially reporting such harassment to the Vice President of Human Resources and College Safety, the employee should go directly to the President of the College. Notwithstanding the availability of these alternatives, employees are encouraged to attempt to resolve any incidents of sexual or other unlawful harassment with the designated administrative officer who is most directly concerned, excluding individuals accused of such harassment.

Reports by Students

Students, without any fear of reprisal, have the responsibility to bring any form of sexual and other unlawful harassment by an employee of the College to the attention of the Dean of Students so that an investigation may begin into the circumstances of the incident and the alleged harassment. Upon receipt of a student complaint alleging sexual or other unlawful harassment, the Dean of Students will take immediate action, following the internal student complaint procedures under Title IX. In addition, the Dean of Students will also inform the appropriate Vice President of the complaint. If a student is uncomfortable with reporting such harassment to the Dean of Students, the student should talk to another senior level administrator or go directly to the appropriate Vice President. If uncomfortable with initially reporting such harassment to a Vice President, the student should go directly to the President of the College. Notwithstanding the availability of these alternatives, students are encouraged to attempt to resolve any incidents of sexual or other unlawful harassment with the Dean of Students, who is the College’s designated Title IX Coordinator.

College’s Response to Reports Review

The College will investigate allegations of sexual or other unlawful harassment. If the complaint is against an employee of the College, the College will conduct a review of the results of the investigation with that person, and take appropriate corrective disciplinary action up to and including dismissal where violations of the Sexual or Other Unlawful Harassment policy and/or the Prohibited Conduct policy have been found.
If the person alleged to have engaged in sexual or other unlawful harassment is a student of the College, the Dean of Student Affairs will conduct a review of the results of the investigation with that person, and take appropriate corrective disciplinary action up to and including immediate dismissal from the College for violations of the Sexual or Other Unlawful Harassment policy and/or the Student Code of Conduct.

If an initial report of sexual or other unlawful harassment is made by an employee to his or her supervisor or department head or to the President of the College, any review of the decision rendered must follow the Grievance Procedure section of the College’s Discipline, Non- reappointment, and Grievance Procedures, from the step where the decision was rendered; provided, however, that the Grievance Procedure may be modified with the consent of the employee to protect confidentiality. If an initial report of sexual or other unlawful harassment is made by a student to the Vice President Academic Affairs or to the President of the College, any review of the decision rendered must follow the Student Appeal Procedure approved by the Board of Trustees, from the step where the decision was rendered; provided, however, that the Student Appeal Procedure may be modified with the consent of the student to protect confidentiality.

The College will keep information relating to harassment allegations and investigations as confidential as possible under the circumstances and will take appropriate corrective action, including disciplinary measures when justified, to remedy violations of this policy. Be advised that disciplinary action, up to and including dismissal will be taken against any employee who is determined to have engaged in sexual or other unlawful harassment, conduct approaching sexual or other unlawful harassment, or other conduct that violates any other CFCC policy. Be advised that disciplinary action, up to and including dismissal from the College, will be taken against any student who is determined to have engaged in sexual or other unlawful harassment, conduct approaching sexual or other unlawful harassment, or other conduct that violates this policy or any other CFCC Policy with regard to employees of the College.