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Prohibited Discrimination and Harassment Policy

Prohibited Discrimination and Harassment

The purpose of this Policy is to establish the College's commitment to maintaining a fair and respectful environment for work and study and to protect students and applicants for admission, as well as employees and applicants for employment, from prohibited discrimination or harassment, consistent with federal, state and local law, other policies adopted by the Board of Trustees, and rules and standards of conduct adopted by the College.

The College's Prohibited Discrimination and Harassment Policy applies to all students, employees, staff, faculty, supervisors, administrators, officials, volunteers, guests, vendors, contractors and visitors to campus. The Policy applies to all College programs and activities, including all academic, educational, extracurricular, athletic, social and other programs and activities related to the College. Application of the Policy is not limited to the College's campuses, or to facilities or premises at which any College-related programs or activities occur.

The College prohibits any member of the College Community (including students, employees, staff, faculty, supervisors, administrators, officials, volunteers, guests, vendors, contractors and visitors.) from discriminating against or harassing any other member of the College Community on the basis of the member's race, color, sex, age, religion or creed, national origin or ancestry, familial status, disability, marital status, height, weight, sexual orientation, gender, genetic information, veteran or military status, or any other factor prohibited by law. Prohibited discrimination occurs when one of these factors is the basis for treating a person worse than other people who are "similarly situated".

Prohibited harassment is a form of prohibited discrimination; it occurs when extreme or persistent unwelcome conduct or comments make it unreasonably difficult or unreasonably unpleasant for a person to be in the College workplace or to participate in College studies or activities, because of apparent hostility based on the person's race, color, sex, age, religion or creed, national origin or ancestry, familial status, disability, marital status, height, weight, sexual orientation, gender, genetic information, veteran or military status, or any other factor prohibited by law.

Prohibited harassment can take many forms, including but not limited to:

The College also prohibits retaliating or discriminating in any way against any person for making a good faith complaint or report about any conduct prohibited by this Policy or applicable law, or for opposing any conduct prohibited by this Policy or applicable law, or for cooperating in an investigation under this Policy or under applicable law.

Prohibited bias factors can not be permitted to have an adverse influence upon decisions regarding students, applicants for admission, employees, applicants for employment, contractors, volunteers or participants in and/or users of College-related programs, services, and activities. Lansing Community College will continue in its efforts to maintain an institutional environment free of such prohibited bias in all institutional processes.

The College can only take corrective action when it becomes aware of problems. The College strongly encourages anyone who experiences or observes any prohibited discrimination or harassment to promptly report the incident(s) and seek assistance from the College. No one should assume that the College already knows about a particular situation.

Any student, staff member, faculty member or other member of the College Community who experiences, observes or hears about any prohibited discrimination or harassment is requested to report it immediately to one of the officials listed below. Any supervisor, administrator or official who observes, hears about or receives a complaint of prohibited discrimination or harassment is obligated to report it immediately to one of the officials listed below. Reports alleging any form of prohibited discrimination or harassment may be made in writing (preferred) or orally.

Any complaint involving discrimination based on sex (including pregnancy) or sexual harassment (including any form of sexual misconduct) against a student should be reported to:

Student Title IX Coordinator
Student Affairs Division
Location: Gannon Building 135
Phone: (517) 483-1220

Any complaint involving discrimination based on sex (including pregnancy) or sexual harassment (including any form of sexual misconduct) against anyone other than a student, the complaint should be reported to:

Employee Title IX Coordinator
Risk Management and Legal Services
Location: Administration Building 103
Phone: (517) 483-1730

Any complaint involving any other form of prohibited discrimination or harassment against anyone should be reported to:

EEO Officer
Finance, Administration and Advancement
Location: Administration Building 106
Phone: (517) 483-5298

All reports and complaints of prohibited discrimination or harassment received by a Title IX Coordinator or EEO Officer will be promptly investigated and appropriate action will be taken as expeditiously as possible. The College will make reasonable efforts to protect the rights of both the complainant and the respondent during the course of an investigation. The College will respect the privacy of the complainant(s), the individual(s) against whom the complaint is filed, and any other witnesses in a manner consistent with the College's legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations required by state or federal law. While confidentiality cannot be guaranteed, the College will endeavor to protect a complainant's identity during an investigation when requested and appropriate.

In the course of investigating, the responsible officer will determine whether the complaint is one that is covered by this Policy. If not, the officer may refer the complaint to another College complaint/dispute resolution procedure. If a complaint appears to be covered by this procedure, the responsible officer will promptly meet with the complainant to obtain any necessary information, including a detailed description of the incident(s) and the identity of any witnesses. The officer will then seek additional information and evidence as considered appropriate. Any person(s) against whom a complaint is made will be timely notified of the complaint and will be questioned as considered appropriate.

The investigating officer will maintain appropriate documentation of the complaint and the investigation, and will disclose appropriate information to others only on a need-to-know basis consistent with state and federal law. In appropriate cases, the investigating officer may make a referral to a criminal justice/law enforcement agency for additional investigation and possible prosecution.

Upon conclusion, the investigating officer will notify the complainant and respondent of the results of the College's investigation. In the event the investigation reveals a violation of the Prohibited Discrimination and Harassment Policy, or other inappropriate or unprofessional conduct (even if not covered by this Policy) has occurred, corrective action will be taken by the College. Where prohibited discrimination and/or harassment is found, steps will be taken to end it immediately. Disciplinary action may be imposed if appropriate. The level of discipline will depend on the severity of the discrimination or harassment and may include, but is not limited to, probation or termination. The College may also take other corrective or remedial action to address the effects of any violation of the Policy, and will follow up as necessary to ensure that the corrective or remedial action is effective.

Students and staff are highly encouraged to utilize LCC's Discrimination and Sexual Misconduct Complaint Process. However, multiple avenues for resolution and redress are available, including filing a complaint with the Michigan Department of Civil Rights, the Equal Employment Opportunity Commission, or any other appropriate government agency. The College's procedures do not replace the right of a complainant to pursue any other options or remedies available under the law.

No person will be penalized for good faith utilization of channels available for resolving concerns dealing with prohibited discrimination or harassment. It is an extremely serious violation of this Policy to retaliate against any person reporting a complaint, participating in or cooperating with an investigation (including testifying as a witness), or opposing any conduct that violates this Policy or applicable laws against discrimination or retaliation. For these purposes, "retaliation" includes intimidation, threats, harassment, and other adverse action threatened or taken against any person for engaging in any protected activity.

Making deliberately false accusations of discrimination or harassment violates this policy, and may violate other standards of conduct. In such instances, the complainant will be subject to disciplinary action. However, failure to prove a claim of discrimination or harassment does not constitute proof of a false and/or malicious accusation.

Anyone who believes he or she has been the victim of retaliation for opposing or reporting discrimination or harassment, or participating or cooperating in an investigation, should immediately contact the appropriate responsible officer noted above. Any person found to have retaliated against a person for engaging in protected activity will be in violation of this Policy and will be subject to disciplinary action.

The College is committed to protecting, maintaining and encouraging both freedom of expression and full academic freedom of inquiry and teaching. Academic freedom and freedom of expression will be carefully considered in investigating and reviewing complaints and reports of prohibited discrimination or harassment. However, raising issues of academic freedom and freedom of expression will not excuse behavior that constitutes a violation of the law or the College's Policy Against Prohibited Discrimination and Harassment.

The College's Policy on Consensual Relationships addresses a variety of restrictions on relationships between students, faculty, staff and administrators. Compliance with that policy will not excuse a violation of the Policy Against Prohibited Discrimination and Harassment.

Every member of the College Community is expected to uphold this policy as a matter of mutual respect and fundamental fairness in human relations. Every student of this institution has a responsibility to conduct himself/herself in accordance with this Policy as a condition of enrollment. Every College employee has an obligation to comply with this Policy as a term of employment. Every volunteer, visitor, vendor, etc., is obligated to comply with this Policy as a condition of their relationship with the College.

The EEO Officer and the appropriate Title IX Coordinators are responsible for preparing procedures to implement this policy.

Amended: 3/19/2012

Failure to follow this policy may result in disciplinary action up to and including termination.

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Equal Opportunity and Diversity Programs at Lansing Community College

Human Resources Department
Administration Bldg, Room 103
Phone: (517) 483-1673
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