5.1.8 Sexual Harassment Policy for Employees and Students
The policy of the Maricopa County Community College District (MCCCD) is to provide an educational,
employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual
favors, and other verbal and/or physical conduct or communications constituting sexual harassment as defined and
otherwise prohibited by state and federal law.
Each college has designated its vice president for student affairs as Title IX Coordinator, and student complaints of
sexual harassment must be reported to him or her. Sexual violence against employees is prohibited by Title VII of
the Civil Rights Act of 1964. Employee complaints of sexual harassment must be reported to the District Office of
Equity, Opportunity, and Engagement.
Sexual harassment is unwelcome, verbal, or physical conduct of a sexual nature that is sufficiently severe,
persistent, or pervasive that it alters working conditions and creates a hostile environment for employees, or that
it unreasonably interferes with, limits, or deprives a student of the ability to participate in or benefit from any
MCCCD educational program or activity. The unwelcome behavior may be based on power differentials, the
creation of a hostile environment, or retaliation for sexual harassment complaints. Sexual harassment by and
between, employees; students; employees and students; and campus visitors and students or employees, is
prohibited by this policy.
Due process is afforded any employee, student, or visitor accused of sexual harassment. On receipt of a
complaint, an immediate preliminary investigation will be conducted to determine if there is reasonable cause to
believe the nondiscrimination policy has been violated. If so, then a prompt, thorough, impartial investigation will
be conducted by the authorized administrator. If the final decision is that sexual harassment occurred, the college
will take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects.
Remedies for the complainant will also be sought. Violations of this policy may result in disciplinary action up to
and including termination for employees; sanctions up to and including suspension or expulsion for students; and
appropriate sanctions against campus visitors. This policy applies to prohibited conduct that occurs both on and
off campus and covers students, employees, and visitors.
This policy is subject to constitutionally protected speech rights and principles of academic freedom. Questions
about this policy may be directed to the MCCCD EEO/Affirmative Action Office.
5.1.9 Examples of Policy Violations
It shall be a violation of MCCCD's Sexual Harassment Policy for any employee, student or campus visitor to:
1.
Make unwelcome sexual advances to another employee, student or campus visitor;
2.
Make unwelcome requests for sexual favors, whether or not accompanied by promises or threats with
regard to the employment or academic relationship;
3.
Engage in verbal or physical conduct of a sexual nature with another employee, student or campus visitor,
that may threaten or insinuate, either explicitly or implicitly, that the individual's submission to, or
rejection of, the sexual advances will in any way:
A.
Influence any personnel decision regarding that person's employment, evaluation, wages,
advancement, assigned duties, shifts or any other condition of employment or career
development; or
B.
Influence his or her grades, participation in or access to academic programs, class standing or
other educational opportunities;
4.
Engage in verbal or physical conduct of a sexual nature that:
A.
Has the purpose or effect of substantially interfering with an employee's ability to do his or her
job; or with a student's ability to learn or participate in a class; or
B.
Which creates an intimidating, hostile or offensive work or academic environment;
5.
Commit any act of sexual assault or public sexual indecency against any employee or student whether on
MCCCD property or in connection with any MCCCD-sponsored activity;
6.
Continue to express sexual interest in another employee, student or campus visitor after being informed
or on notice that the interest is unwelcome (reciprocal attraction is not considered sexual harassment);
7.
Engage in other sexually harassing conduct in the workplace or academic environment, whether physical
or verbal, including, but not limited to, commentary about an individual's body (or body parts), sexually
degrading words to describe an individual, sexually offensive comments, sexually suggestive language or
jokes, innuendoes, and sexually suggestive objects, books, magazines, computer software, photographs,
cartoons or pictures. Other sexual misconduct may include sexual exploitation, stalking, and gender
based bullying.
8.
Treat a complainant or witness of sexual harassment in a manner that could dissuade a reasonable person
from pursuing or participating in the complaint and investigation.
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