Harassment, Including Sexual Harassment: 6HX-10-2.11

Administrative Rules

PURPOSE

This rule establishes policy at Hillsborough Community College (HCC) regarding harassment, including sex harassment and sex discrimination and applies to visitors, applicants for admission to or employment with HCC, students, faculty and staff at HCC who allege harassment, sex discrimination, including sexual harassment by College students, faculty, staff, visitors or contractors.

RULE

It is the policy of HCC to provide an educational and work environment for its students, faculty and staff that is free from harassment, sex discrimination, including sexual harassment. In accordance with federal and state laws, HCC prohibits any forms of harassment or discrimination on the basis of sex, including sexual harassment at any HCC site, activity or event. Harassment can be verbal or written and include social media platforms relating to another person’s race, color, religion, age, ethnicity, disability, sex, genetic information, marital status, national origin, sexual orientation (including gender identity), and protected veteran’s status or affiliations. Sex discrimination can be behavior or communication that improperly singles out, stigmatizes, victimizes or otherwise subjects an individual to unequal treatment on the basis of his/her sex. Sex discrimination includes, but is not limited to, verbal abuse, sexual harassment, sexual violence and other acts of sexual misconduct. Sexual harassment is a form of discrimination on the basis of sex that can occur when:

• The submission to unwelcome physical conduct of a sexual nature, to unwelcome requests for sexual favors, or to other verbal conduct of a sexual nature is made an implicit or explicit term or condition of employment or education; or

• The submission to or rejection of unwelcome physical conduct of a sexual nature, unwelcome requests for sexual favors, or other verbal conduct of a sexual nature is used as a basis for academic or employment decisions or evaluations; or

• Unwelcome physical acts of a sexual nature, unwelcome requests for sexual favors, or other verbal conduct of a sexual nature have the effect of creating an objectively hostile environment that interferes with employment or education on account of sex.

For the purpose of this rule, sexual misconduct is a broad term that encompasses several forms of prohibited conduct which includes, but is not limited to, sexual assault, sexual exploitation, sexual harassment, domestic violence, dating violence, stalking and imitate partner violence. Sexual misconduct is a form of discrimination and most forms also constitute crimes under Florida law.

The President has established policies and procedures to address sexual misconduct and sexual harassment in accordance with the requirements and guidelines of Title X of the Education Amendments of 1972, The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act of 1990, and the Violence Against Women Reauthorization Act of 2013. HCC is committed to responding timely to all sexual misconduct incidents on a campus, site or College-sponsored event, with a thorough investigation in conjunction with local law enforcement agencies where appropriate.

1. REPORTING – HCC encourages students, faculty, staff and visitors to promptly report harassment or sex discrimination, including sexual harassment. Anyone who believes he or she has been subjected to a violation of this policy is strongly encouraged to promptly report such behavior to any College employee who will forward all reports to the Office of Equity and Special Programs, which coordinates all investigations for the College. The Office of Equity and Special Programs, which also includes the institution’s Title IX Coordinator, will take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence and, as appropriate, remedy its effects. Disciplinary action may be implemented when appropriate for offenses.

2. RETALIATION – No student, employee or individual who files a complaint or participates in any way as part of the investigation will be subjected to retaliation.

3. RECORDS – The Office Equity and Special Programs is responsible for maintaining all records related to complaints, investigations and fact-finding reports.

4. EDUCATION AND TRAINING – The Office Equity and Special Programs will provide annual training for faculty, staff and students, including additional resources on its webpage. The office will further provide training at orientations to ensure that HCC students, faculty and staff are aware of HCC’s policies and procedures, including how to file complaints as needed.

5. PROCEDURE – The President will develop an administrative procedure to provide guidelines relating to filing a complaint based on harassment, sex discrimination or sexual harassment, which will include guidelines for the investigation and findings.

History:

Adopted: 5/16/90; Revised: 2/19/92, 2/17/93, 9/21/94, 3/22/00, 3/22/01, 4/19/06; Formerly: 6HX-10-2.005