Page 174 - Mesa Community College Student Handbook 2018-2019

any position for which the known applicant or employee is qualified. Maricopa agrees to take affirmative action to employ, advance in employment, and otherwise treat known qualified special disabled veterans and Vietnam era veterans without discrimination based upon their disabled or veteran status in all human resources selection and decision practices, such as the following: advertising, benefits, compensation, discipline (including probation, suspension, and/or termination for cause or layoff), employee facilities, performance evaluation, recruitment, social/recreational programs, and training. Maricopa will continue to administer these practices without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), age, disability, veteran status or genetic information. Additionally, Maricopa agrees to post all suitable job openings at the local office of the State employment service where the job opening occurs. This includes full-time, temporary greater than 3 days' duration, and part-time employment. Finally, all applicants and employees are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Act.
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 appropriatesanctionsagainstcampusvisitors. Thispolicyappliestoprohibitedconductthatoccursbothonand off campus and covers students, employees, and visitors. Thispolicyissubjecttoconstitutionallyprotectedspeechrightsandprinciplesofacademicfreedom. 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;
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