Policy 311Non-Discrimination and Prevention of

Harassment and Related Unprofessional Conduct

Message from Timothy J. DonovanChancellor

The Vermont State Colleges are committed to maintaining a workand learning environment free of all forms of discrimination andharassment. The VSC does not tolerate harassment, and suchbehavior is prohibited both by law and by VSC policy.

Creating a community free of discrimination and harassmentrequires ongoing commitment on the part of everyone. I thank youfor taking the time to be informed on this serious issue.

Timothy J. DonovanChancellor

Training Outline

Training Purpose Policy Statement Federal Laws State Laws Definitions Unlawful or Bad Behavior Academic Freedom Unprofessional Conduct Cooperation and Confidentiality Process and Procedures

Purpose

The purpose of this training is to provide all members of the VSC community with an overview of the Vermont State Colleges policy regarding unlawful harassment and discrimination.

It is your responsibility, as a student, employee, or faculty member, to be familiar with the VSC Policy 311.

Policy Statement

Policy Statement

The Vermont State Colleges and each member College do not engage in unlawful discrimination based on race, color,creed, ancestry, ethnicity, national origin, place of birth, sex,sexual orientation, gender identity, disability, age, veteran status,marital status or any other status protected by law. Sexualharassment, racial harassment, and harassment of persons basedupon other protected categories (e.g. gender, gender identity,marital status) are forms of discrimination and will not be tolerated.

Policy Statement - Continued

Also, inappropriate sexual relationships between staff and

students, although they may not rise to the level of

sexual harassment, are prohibited. Further, the VSC and each

member College, in accordance with Vermont law, do not

discriminate against any person on the basis of the person having

a positive HIV-related blood test.

Policy Coverage

VSC Policy 311 prohibits discrimination in the application process

for admissions or employment, in academic and residential

programs, in employment policies, in scholarship and loan

programs, in athletic programs and in any other programs or

facilities.

Federal and State Laws

Protected Categories - Federal Laws

Federal law offers protection to certain groups ofindividuals. It is illegal to discriminate against any individual orgroups of individuals based on race, color, creed, ancestry,ethnicity, national origin, place of birth, sex, sexual orientation,disability, age, veteran status, or marital status. These are definedas “protected categories” of individuals. For additionalinformation on some of these federal laws, use the links below.

Title IX of the Education Amendment of 1972http://www.ed.gov/about/offices/list/ocr/docs/impact.html

Title VII of the Civil Rights Act of 1964http://www.eeoc.gov/policy/laws.html

Age Discrimination in Employment Act Americans with Disabilities Act

http://www.eeoc.gov/abouteeo/overview_practices.html

Protected Categories - Vermont Laws

The state of Vermont also has specific laws that protect additionalgroups of individuals. These include gender identity, marital statusAnd individuals who are HIV positive. You may access additionalinformation on Vermont law by clicking on the links below. Title XVI

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=16&Chapter=072&Section=02182

Harassment and hazing prevention policies

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=18&Chapter=021&Section=01127

Discrimination and testing prohibitedhttp://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2008/acts/ACT041.HTM

DEFINITIONS

Vermont State Colleges

Policy 311

Discrimination

Discrimination means unlawful discrimination which is the

exclusion from participation in or denial of any accommodations,

advantages, benefits, facilities, privileges or services based on any

of the protected categories mentioned previously.

Harassment

An incident or incidents of verbal, written, visual or physicalconduct or communication based on a person’s or a person’sfamily member’s actual or perceived race, creed, color, nationalorigin, marital status, sex, sexual orientation or disability that has the purpose or effect of objectively and substantially interferingwith a student’s educational performance or an employee’sperformance or creating an intimidating, hostile or offensive workenvironment.

Harassment Based on Other Protected Categories

This means conduct that meets the definition of harassment but is

directed at the characteristics of a person or a person’s family

member’s creed, national origin, marital status, gender identity

sex, sexual orientation or disability.

Racial Harassment

Conduct that meets the definition of harassment and is directed at

the characteristics of a person or a person’s family member’s

actual or perceived race or color. It can include the use of

epithets, stereotypes, racial slurs, comments, insults, gestures,

threats or circulation of written or visual materials.

Sexual Harassment of a Student

An incident or incidents that has the purpose or effect of objectively andsubstantially interfering with a student’s educational performance or accessto school resources or creating an intimidating, hostile or offensiveenvironment. It can include unwelcome sexual advances, requests for sexualfavors and other verbal, written, visual or physical conduct when one or bothof the following occur:

1. Submission to the conduct is made explicitly or implicitly a term or condition of a student’s education.

2. Submission to or rejection of the conduct by a student is used as a component of the basis for decisions affecting the student.

Sexual Harassment of an Employee

Sexual harassment of an employee means unwelcome sexualadvances, requests for sexual favors, and other verbal or physicalconduct of a sexual nature when:1. submission to that conduct is made either explicitly or implicitly

a term or condition of employment; or2. submission to the conduct is used as a basis for employment

decisions affecting that employee; or3. the conduct has the purpose or effect of objectively and

substantially interfering with the employee’s work performance or creating an intimidating, hostile or offensive work environment.

Is it unlawful discrimination or inappropriate behavior?

Is all harassment or discrimination unlawful?

Harassment and discrimination can come in many different forms

and does not always violate Policy 311. It may sometimes be just

plain bad behavior and should be stopped.

One example of discrimination that is not illegal is when a

college chooses to accept one student over another. However, if

the college makes adverse admissions decisions based on

protected personal characteristics, such as race, that would be

unlawful discrimination.

Examples of Unlawful Discrimination

Denying any person access to a College facility or program based on that’s person race, ancestry, national origin, sexual orientation, age, gender identity, etc.

Making any decision regarding a person’s employment status based on any of the protected categories.

Creating an unwelcome or hostile environment based on any protected category of student or employee.

Unlawful or inappropriate behavior?

Even if the behavior or action is not illegal, it can still beconsidered inappropriate and cause for some sort ofdisciplinary action.

An example of inappropriate behavior could be a faculty member who continually tells inappropriate jokes in a classroom setting. The jokes, while offensive, involve protected personalcharacteristics, such as race or gender. This could beconsidered bad behavior and should be reported to theappropriate authority.

Academic Freedom

Academic Freedom

The VSC recognizes that the protection of free and open speech

and the open exchange of ideas are essential to any academic or

artistic community. Therefore, the VSC Policy is not meant to

inhibit or prohibit discussions of complex, controversial or

sensitive topics. The free exchange of ideas and serious debate

must be protected even when the views expressed are unpopular

or controversial.

Academic Freedom

However, sometimes verbal conduct may be used to specifically

intimidate or coerce persons in protected classifications. Such

abuses are unacceptable and appropriate action shall be taken to

stop this behavior.

Academic Freedom or Harassment?

A discussion of world religions may be part of a college course. These discussions may make some participants uncomfortable, but it is a legitimate component of the course.

However, if the discussions single out members of a particular religion, casting them in a negative light, this could be harassment if it otherwise meets the definition of the harassment as described previously.

Unprofessional Conduct

Unprofessional Conduct

The Vermont State Colleges discourage all amorous or sexual

relationships between students and employees regardless of the

genders involved. However, any relationships of this type are

specifically prohibited under Policy 311 when the VSC there is a

position of power and authority present with respect to that

student.

Unprofessional Conduct - Continued

Examples of this “unprofessional conduct” would be a coach who initiates a relationship with a student on his or her team or an academic advisor who has a romantic relationship with a student he or she is advising.

It should be noted that Policy 311 in its definition does not address unprofessional conduct between employees. However, it would be inappropriate for a supervisor to initiate a romantic relationship with an employee he or she supervises

and could lead to significant problems.

What is your responsibility?

Your responsibility as a student, employee, faculty member or supervisor.

It is your duty to report to an appropriate person when you witness

or become aware of any behavior that may be considered

discrimination or inappropriate behavior.

Cooperation and Confidentiality

All members of the VSC community are required to cooperate if

there is an investigation of a harassment complaint. The details of

the complaint and those involved will be kept as confidential as

possible. It is, however, important to know that the VSC cannot

promise that your name will not come up in the investigation.

Process and Procedures

Process and Procedures

It should be clearly understood that the Colleges strictly prohibit any retaliation against a student or employee who files a Policy 311 complaint.

The Policy 311 Coordinator on your campus can help you with the process. You may file an informal or formal complaint. Generally, you should report within 180 days of the alleged incident.

Who should I talk to if I think I am being harassed or I have witnessed or become aware of behavior that I

think is harassment?

Community College of Vermont Heather Weinstein, - heather.weinstein@ccv.edu

Castleton State CollegeEmployee IssuesJanet Hazelton,Director of Human Resourcesjanet.hazelton@castleton.edu

Student IssuesVictoria Angis, Asst Dean of Student Life -

victoria.angis@castleton.edu

Contact People - Continued

Johnson State College

JoAnn Lamore, Assistant Academic Dean- joann.lamore@jsc.vsc.edu

Lyndon State College

Jonathan Davis, Dean of Students - Jonathan.davis@lyndonstate.edu

 Kate Gold, Student Success Specialist - Kathleen.gold@lyndonstate.edu

Vermont Technical College

Pam Ankuda, Director of Human Resources – pankuda@vtc.vsc.edu

Chancellor’s Office

Nancy Shaw, Director of Human Resources – nancy.shaw@vsc.edu