TVCC Grievance Procedure

Draft - Still in College Governance Process

NON-DISCRIMINATION and NON-HARASSMENT (BP 401-3; AR 901-9)

Discriminatory behavior and sexual harassment is illegal, prohibited, and will not be tolerated within the Treasure Valley Community College District. Any person who believes he or she has been discriminated against or harassed by a TVCC employee, representative, agent, or student should file a complaint with the supervising Dean or the Director of Human Resources. [If the complaint is toward a faculty member, notify the Dean of Instruction; if the complaint is toward a student, notify the Dean of Students; if the complaint involves any other staff or person, notify the Dean of Administrative Services.] This policy will be enforced and administered by the Director of Human Resources. As the Affirmative Action Officer, the Director of Human Resources will oversee the process; as well as all initial discrimination and/or harassment complaints should filter through the Human Resources office.

DEFINITIONS

"District" includes TVCC facilities, premises and non-TVCC premises if the employee or student is at any TVCC sponsored, TVCC approved or TVCC related activity or function, such as field trips or athletic events. "Discrimination" and conduct that will not be tolerated can include harassing, coercive, or disruptive behavior; actions, jokes, words, or comments based on an individual's sex, race, color, national origin, age, religion, disability, sexual orientation, or any other legally protected characteristic; and unsolicited remarks, gestures or physical contact and display or circulation of derogatory written materials or pictures regarding gender, racial, ethnic or religious groups. "Sexual harassment" shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

  • submission to the conduct or communication is made a term or condition of employment or education;
  • submission to, or rejection of, the conduct or communication is the basis for decisions affecting employment and assignment or educational decisions of a student;
  • the conduct or communication has the purpose or effect of substantially interfering with the employee's ability to perform the job;
  • the conduct or communication has the effect of creating an intimidating, hostile or offensive work or educational environment (may be direct or indirect involvement); or
  • the conduct has the purpose or effect of demanding sexual favors in exchange for benefits.

Sexual harassment as set forth above may include, but is not limited to: verbal or written harassment; pressure for sexual activity; repeated remarks to a person with sexual or demeaning implications; unwelcome touching; or suggesting or demeaning sexual involvement, accompanied by implied or explicit threat's concerning one's evaluations, job assignments, etc.

REPORTING PROCEDURE

Any person who feels harassed or is aware of harassment of another person is urged to report this to their supervising Dean or Director of Human Resources. The report may be informal (verbal) or formal (written); a formal report may be filed as a grievance under a labor agreement. If a supervisor or Dean becomes aware of allegations of harassment, they will make a written record of the allegations and immediately notify the Director of Human Resources. All reports or allegations will be given to the Director of Human Resources. If the allegation is against the College President, then written reports will be forwarded to the Board Chair, who may delegate the matter to the college's legal counsel.

INVESTIGATION

The Director of Human Resources will inquire of the complainant as to whether the record (formal report) includes all allegations of harassment/discrimination. The investigation will then be conducted promptly by Human Resources on a priority basis and be kept confidential to the extent possible.

Human Resources will notify the person reported to have harassed of the allegations and afford the person an opportunity to reply verbally or in writing. The employee or student shall be advised that any retaliatory conduct will be subject to disciplinary action regardless of the validity of the allegations.

A written finding shall state that there is or is not reasonable cause for disciplinary action. An employee whose behavior is found to be in violation of this policy shall be subject to discipline, up to and including termination; students shall be subject to discipline up to and including expulsion. Other individuals whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the President or Board. TVCC may report individuals in violation of this policy to law enforcement officials.

If the complainant does not find the complaint satisfactorily resolved, then the employee may appeal through legal channels.

All employees and students are subject to this policy.

DOCUMENTATION

All documentation relating to the investigation may be retained in the employee's personnel file or the student's education record.


Draft - Still in College Governance Process

NON-DISCRIMINATION and NON-HARASSMENT (BP 401-3; AR 901-9)

Discriminatory behavior and sexual harassment is illegal, prohibited, and will not be tolerated within the Treasure Valley Community College District. Any person who believes he or she has been discriminated against or harassed by a TVCC employee, representative, agent, or student should file a complaint with the supervising Dean or the Director of Human Resources. [If the complaint is toward a faculty member, notify the Dean of Instruction; if the complaint is toward a student, notify the Dean of Students; if the complaint involves any other staff or person, notify the Dean of Administrative Services.] This policy will be enforced and administered by the Director of Human Resources. As the Affirmative Action Officer, the Director of Human Resources will oversee the process; as well as all initial discrimination and/or harassment complaints should filter through the Human Resources office.

DEFINITIONS

"District" includes TVCC facilities, premises and non-TVCC premises if the employee or student is at any TVCC sponsored, TVCC approved or TVCC related activity or function, such as field trips or athletic events. "Discrimination" and conduct that will not be tolerated can include harassing, coercive, or disruptive behavior; actions, jokes, words, or comments based on an individual's sex, race, color, national origin, age, religion, disability, sexual orientation, or any other legally protected characteristic; and unsolicited remarks, gestures or physical contact and display or circulation of derogatory written materials or pictures regarding gender, racial, ethnic or religious groups. "Sexual harassment" shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

  • submission to the conduct or communication is made a term or condition of employment or education;
  • submission to, or rejection of, the conduct or communication is the basis for decisions affecting employment and assignment or educational decisions of a student;
  • the conduct or communication has the purpose or effect of substantially interfering with the employee's ability to perform the job;
  • the conduct or communication has the effect of creating an intimidating, hostile or offensive work or educational environment (may be direct or indirect involvement); or
  • the conduct has the purpose or effect of demanding sexual favors in exchange for benefits.

Sexual harassment as set forth above may include, but is not limited to: verbal or written harassment; pressure for sexual activity; repeated remarks to a person with sexual or demeaning implications; unwelcome touching; or suggesting or demeaning sexual involvement, accompanied by implied or explicit threat's concerning one's evaluations, job assignments, etc.

REPORTING PROCEDURE

Any person who feels harassed or is aware of harassment of another person is urged to report this to their supervising Dean or Director of Human Resources. The report may be informal (verbal) or formal (written); a formal report may be filed as a grievance under a labor agreement. If a supervisor or Dean becomes aware of allegations of harassment, they will make a written record of the allegations and immediately notify the Director of Human Resources. All reports or allegations will be given to the Director of Human Resources. If the allegation is against the College President, then written reports will be forwarded to the Board Chair, who may delegate the matter to the college's legal counsel.

INVESTIGATION

The Director of Human Resources will inquire of the complainant as to whether the record (formal report) includes all allegations of harassment/discrimination. The investigation will then be conducted promptly by Human Resources on a priority basis and be kept confidential to the extent possible.

Human Resources will notify the person reported to have harassed of the allegations and afford the person an opportunity to reply verbally or in writing. The employee or student shall be advised that any retaliatory conduct will be subject to disciplinary action regardless of the validity of the allegations.

A written finding shall state that there is or is not reasonable cause for disciplinary action. An employee whose behavior is found to be in violation of this policy shall be subject to discipline, up to and including termination; students shall be subject to discipline up to and including expulsion. Other individuals whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the President or Board. TVCC may report individuals in violation of this policy to law enforcement officials.

If the complainant does not find the complaint satisfactorily resolved, then the employee may appeal through legal channels.

All employees and students are subject to this policy.

DOCUMENTATION

All documentation relating to the investigation may be retained in the employee's personnel file or the student's education record.