Page 168 - Mesa Community College 2020-2021 Student Handbook

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sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Failure to report may be a policy violation subject to discipline up to and including dismissal.
5.1.10 Responsibility for Policy Enforcement
Employees and students must avoid offensive or inappropriate harassing behavior based on an individual’s race, color, religion, sex, sexual orientation, gender identity,national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information at work or in the academic environment (in and out of the classroom).
Employees and students are encouraged (but not required) to inform perceived offenders of this policy and that the commentary/conduct is offensive and unwelcome.
5.1.11 Complaints
1. Employees
Employees who experience harassment at work (by a supervisor, co- employee, student or visitor) are urged to report such conduct to the direct attention of their supervisor, their college president or to the Maricopa County Community College District (MCCCD) Equal Employment Opportunity/ Affirmative Action Office. If the complaint involves the employee’s supervisor or someone in the direct line of supervision, or if the employee for any reason is uncomfortable in dealing with their immediate supervisor, the employee may go directly to the MCCCD EEO/AA Office.
2. Students
Students who experience sexual harassment or sexual assault in a school’s education program and activities (by a faculty member, administrator, staff, campus visitor or other student) are urged to report such conduct to the designated Title IX Coordinator, of which there is one for each MCCCD college. A student may also contact the MCCCD EEO/AA Office to obtain the name and phone number of the college official designated to respond to harassment complaints based on an individual’s race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information.
3. General
1. Complaints by employees will be investigated according to procedures established by the MCCCD EEO/AA Office. Copies of these procedures may be obtained on the District website and the MCCCD EEO/AA Office.
2. Complaints by students will be investigated according to the procedures established in the College Environment section of the Administrative Regulations (AR 2.4). Copies of these procedures are posted on the District website.
3. All complaints will be investigated in a prompt, through, and impartial manner.
4. Where investigation confirms the allegations, appropriate, response action will be taken by the
college/center/MCCCD.
5.1.12 Confidentiality
Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with the Maricopa County Community College District’s (MCCCD) legal obligation to investigate and resolve issues of discrimination and harassment based on one’s protected class status as outlined in law and in MCCCD policy. The MCCCD cannot promise complete confidentiality.
An employee or student may be accountable for sexual harassment under applicable local, state, and/ or federal law, as well as under Maricopa County Community College District (MCCCD) policy. Disciplinary action by MCCCD may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduce
Any individual who knowingly provides false information pursuant to filing a discrimination charge or during the investigation of a discrimination charge, will be subject to appropriate disciplinary action, up to and including, employment termination or academic dismissal.
5.1.15 Retaliation Prohibited
Retaliation against an employee or student for engaging in protected activity is strictly prohibited.The Maricopa County Community College District (MCCCD) strictly prohibits taking an adverse action that might deter a reasonable person from participating in activity protected by antidiscrimination laws. Protected activity consists of:
(a) opposing conduct reasonably believed to constitute discrimination, including harassment which violates a nondiscrimination statute or which MCCCD policy prohibits;
(b) filing a complaint about such practice; or
(c) testifying,assisting,orparticipatinginanymannerinaninvestigationorotherproceedingrelated
to a discrimination complaint.
Retaliatory actions are not limited to formal personnel actions such as termination, demotion, non- promotion, or non-selection. Retaliatory actions are broadly defined as harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions based on engaging in protected activity. MCCCD will take appropriate disciplinary action, up to and including employment termination or academic dismissal if retaliation occurs.
5.1.13 Violations of Law
5.1.14 False Statements Prohibited