Page 175 - Mesa Community College Student Handbook 2018-2019

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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.
5.1.10 Additional Policy Violations
Supervisors, managers, administrators and faculty who disregard or fail to report allegations of sexual harassment (whether reported by the person who is the subject of the sexual harassment or a witness) are in violation of this policy.
5.1.11 Responsibility for Policy Enforcement
Employees and students must avoid offensive or inappropriate sexual and/or sexually harassing behavior at work or in the academic environment.
Employees and students are encouraged (but not required) to inform perceived offenders of this policy that the commentary/conduct is offensive and unwelcome.
5.1.12 Complaints 1. Employees
Employees who experience sexual 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 Community Colleges 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 his or her immediate supervisor, the employee may go directly to the Maricopa Community Colleges 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, campus visitor or other student) are urged to report such conduct to the Title IX Coordinator, who is the vice president of student affairs at each 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 sexual harassment complaints.
3. General - Applicable to Both Employees and Students
A. Complaints will be investigated according to procedures established by the MCCCD EEO/AA Office. Copies of these procedures may be obtained in the college president's office, Office of the Vice President of Student Affairs and the MCCCD EEO/AA Office.
B. The college/center/MCCCD will investigate all complaints in a prompt, thorough, and impartial manner.
C. Where investigation confirms the allegations, appropriate responsive action will be taken by the college/center/MCCCD.
5.1.13 Confidentiality
Records will be maintained in a confidential manner to the extent permitted by law and insofar as they do not interfere with MCCCD's legal obligation to investigate and resolve issues of sexual harassment.
5.1.14 Violations of Law
An employee or student may be accountable for sexual harassment under applicable local, state, and/or federal law, as well as under 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 reduced.