Employee Handbook 4.03, Sexual Harassment

Administrative Directive

Introduction

Sexual harassment is a violation of Section 703 of Title VII of the U.S. Civil Rights Act of 1964 as amended, state law, and College policies.  The College’s Equal Employment Opportunity (EEO) policy, including the reference to sexual harassment, pertains to all benefits, privileges, terms and conditions of CNM employment. 

The Sexual Harassment policy defines prohibited conduct and provides a procedure for reporting and investigating sexual harassment incidents.  CNM will promptly investigate complaints of sexual harassment and will take prompt and appropriate corrective action against violators of this policy.  

Employees who are in a position of leadership are responsible for ensuring that the work environment complies with this policy.

1. Prohibited Conduct

It is a violation of this policy for any CNM employee, student, or third party to harass an employee or student or to tolerate sexual harassment by an employee, student, or third party in a work or classroom setting.  For the purposes of this policy, sexual harassment (both “quid pro quo” and “hostile environment” situations) consists of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature that is severe, persistent, and pervasive in nature.

1.1 Examples of conduct which may constitute sexual harassment include:

• Physical assault; physical touching of any kind that is sexual in nature;

• Direct or implied threats that submission to sexual advances may favorably affect employment, work status, promotion, grades or letters of recommendation, or that rejection of sexual advances may produce a negative effect;

• Direct propositions of a sexual nature;

• Subtle pressure for sexual activity, one element of which may be conduct such as repeated or unwanted staring;

• A pattern of conduct that tends to bring discomfort and/or humiliation, which may include comments of a sexual nature, or sexually explicit jokes, statements, questions, or anecdotes;

• A pattern of conduct that would tend to bring discomfort or humiliation to a reasonable person at whom the conduct is directed, which may include unnecessary touching, patting, or hugging;

• Writing graffiti of a sexual nature; or

• Making sexual gestures.

1.2 Harassment can result from both welcome and unwelcome acts and can involve persons in both lateral and vertical professional relationships and between persons of opposite or same genders. 

1.3 Sexual harassment is prohibited regardless of the sex of the harasser, i.e., sexual harassment may occur even if the harasser and the person being harassed are the same sex.

2. Reporting a Complaint

Any employee or student who believes s/he has been the victim of sexual harassment is encouraged to immediately report the alleged acts to the EEO Officer or designee in Human Resources (A Building, Main Campus, 224-4600). 

Students with questions or complaints about sexual harassment involving another student should contact the dean of Students in the Main Campus Student Services Center, telephone 224-4342.

2.1 The employee may submit a formal complaint in writing to the EEO Officer or designee in Human Resources.

2.2 Any employee who receives a report of alleged sexual harassment is required to immediately report the alleged acts to the EEO Officer or designee in Human Resources.

2.3 Any other person who has knowledge or belief that an employee has been the victim of sexual harassment is required to immediately report the alleged acts to the EEO Officer or designee in Human Resources.

2.4 All employees are required to report witnessed, overheard, or reported incidents of sexual harassment to the EEO Officer or designee in Human Resources.

2.5 Supervisory personnel who fail to act in accordance with this policy will be subject to disciplinary action up to and including termination.

3. Confidentiality

It is CNM’s responsibility to provide the complainant, witness(es), and respondent as much confidentiality as possible.  Information regarding the alleged harassment incident will be revealed strictly on a need-to-know basis.

3.1 The EEO Officer or designee will keep separate secure files on harassment cases.

4. Protection Against Retaliation

Retaliation against any person who reports an alleged harassment or against any person who participates in proceedings relating to the alleged harassment is a separate violation of this policy.

4.1 Retaliation includes but is not limited to any form of intimidation, reprisal or harassment and may be redressed through the application of the same reporting, investigation, and corrective action procedures as for harassment.

5. Response to Complainant

5.1 The EEO Officer or designee will speak with the employee to determine whether the conduct in question appears to be an unlawful act of harassment. 

5.2 The goal of the College is to resolve any and all issues internally.  The EEO Officer or designee will explain possible options for resolving the situation including informal resolution, a formal CNM hearing, legal advice, federal intervention, or civil action. 

5.2.1 The general nature of each option will be outlined and procedures for the internal process will be discussed in full.

5.3 When the advisement process has been concluded, the complainant will complete a complainant form describing the details of the complaint and his or her recommendations to correct the situation. The complainant form must be submitted within 180 days of the last occurrence of an alleged act of illegal harassment.

6. Investigation

The College is obligated to act upon a reported grievance with or without the complainant's consent to investigate.  A completed complainant form is not required in order to initiate the investigation.  There is no set procedure for the EEO Officer or designee to follow in accomplishing the investigation: the course of action depends on the circumstances.  Interviews will be conducted with the complainant, the witness(es), and the respondent. 

6.1 The investigation will attempt to:

• identify all of the persons involved;

• determine if violations have occurred;

• if violations have occurred, determine whether there are other related incidents of harassment;

• consider all other factors necessary for complete and appropriate corrective action.

6.2 Employees and students who are named in a complaint are required to fully cooperate in the investigation.

6.2.1 Employees who refuse to cooperate in an investigation will be subject to disciplinary action up to and including termination.

6.2.2 Students who refuse to cooperate in an investigation will be subject to disciplinary action as outlined in the Student Code of Conduct.

6.3 A detailed report of the investigation and findings will be maintained by the EEO Officer for EEO compliance purposes.

6.4 Results of the investigation will be reviewed with the appropriate Vice President. 

7. Action Resulting from Investigation

7.1 If the investigation reveals that there has been a violation of this policy associated with the complaint, then appropriate action shall be taken to correct the situation which could include disciplinary action against the respondent.  Investigation findings will be reviewed with the complainant in compliance with appropriate federal regulations (Title VII, Title IX).

7.2 If the investigation reveals that there is no violation of this policy associated with the complaint,  then the investigation findings are reviewed with the complainant in compliance with appropriate federal regulations (Title VII, Title IX). 

7.3 The option for an appeal of the findings is given to the complainant.

8. Disciplinary Action

Any employee who is found to have violated CNM's policy will be subject to appropriate disciplinary action up to and including termination.

8.1 Appropriate disciplinary action will be taken as soon as possible and take into account the severity of the incident.  The disciplinary action should also be intended to stop the specific harassment and prevent recurrence.

8.2 The employee is provided with a Pre-Disciplinary Meeting Notice at least 3 days prior to the meeting.  If termination is being considered, the employee is provided with a Pre-Termination Meeting Notice at least 3 days prior to the meeting.

9. Awareness Training

The College provides training on sexual harassment awareness to all new employees to further reinforce its commitment to providing a safe and positive environment for employees and students.  

9.1 All new employees are informed of CNM's policy on sexual harassment as part of  New Employee Orientation.

9.2 CNM provides in-depth Sexual Harassment Awareness Training for all new employees.  This workshop offers training on how to identify, report, prevent, and avoid sexual harassment incidents.

9.3 Human Resources is available to provide ongoing sexual harassment awareness training.

10. Definitions  

EEO Officer	An employee designated by the president who has the responsibility to implement, administer and enforce equal employment opportunity efforts at CNM.
Employee	Includes both full-time and part-time CNM faculty and staff.
Complainant	An employee who files a complaint of alleged illegal discrimination.
Quid Pro Quo	Literally, “this for that,” quid pro quo sexual harassment involves an employee being pressured to submit to unwelcome sexual advances in exchange for retaining or gaining certain terms or conditions of employment.
Respondent	Any person named in a complaint as having allegedly engaged in any act of unlawful discrimination.
Third Party	Any person, including vendors, contractors, licensees, or visitors present in any CNM facility, campus or other CNM work or classroom setting.
Uninvolved Individual	A person not having direct or indirect involvement with an employee considered in this complaint procedure as the complainant or respondent.