Procedure No. 3.1

Area: Board of Trustees

Governance: College President

Adopted: 2/9/2023

Introduction:

Atlantic Cape Community College (the “College”) recognizes the human dignity of each member of the College community and believes that each member has an obligation to promote respect and dignity for others.  Accordingly, the College strives to foster an environment that is free from discrimination and harassment on the basis of membership in protected classes.  In keeping with its commitment to provide an environment free from discrimination, the College will not tolerate, condone or allow any conduct by students, instructional, supervisory, managerial or administrative personnel, co-workers, independent contractors, vendors or others with whom the College does business, which illegally discriminates against any employee, or student on the basis of an employee’s or student’s membership in a protected class.

Discrimination, as prohibited in this Policy, is conduct that is neither legally protected as an expression of free speech, nor the proper exercise of academic freedom.  Discrimination compromises the integrity of the College, its traditions of intellectual freedom, the trust and respect expected in the College community, and the rights of individuals.

Scope of Application

This policy shall apply to all areas of the College’s operations and programs, including the conduct of all College employees that arises out of their employment status, as well as the conduct of all interns, volunteers, vendors, contractors, and others that do business with the College.

This policy applies whether conduct occurs on campus or off campus, if the continuing effects of the conduct have the potential to unreasonably interfere with or limit an individual’s work, academic performance, personal security, or participation in any College activity.

The College’s Executive Director of Human Resources, and/or Equal Employment Opportunity/Affirmative Action Officer or their designee shall serve as the College’s central intake officer for all matters involving discrimination, harassment, sexual harassment, and sexual misconduct.  In the case of students, the chief intake officer will be the Diversity, Equity and Inclusion Advocate and Judicial Officer.

Definitions of Prohibited Conduct

The College prohibits the following conduct, as well as attempts to commit and/or aid or incite others to commit these acts.  PLEASE NOTE THAT THESE DEFINITIONS ARE BEHAVIORAL DESCRIPTIONS, NOT LEGAL OR CRIMINAL DEFINITIONS.

1. Discrimination is an intentional or unintentional act that adversely affects employment or educational opportunities on the basis of membership in one or more protected classes.  The College provides equal employment opportunities to all its employees and applicants for the employment irrespective of their race, religion, color, national origin, ancestry, age, sex, sexual orientation, pregnancy, gender identity or expression, disability, genetic information, atypical hereditary cellular or blood trait, marital status, civil union status, domestic partnership status, military service, veteran status, and any other category protected by law.  The College considers for selection in employment only those characteristics that are demonstrably related to job performance or requirements.
2. Harassment is conduct directed toward an individual or group based on membership in one or more protected classes. Such conduct must be sufficiently severe or pervasive to alter an individual’s employment conditions, which in turn, creates an unreasonably intimidating, offensive, or hostile environment for employment or participation in the College’s activities.

1. Physical Conduct
   1. Unnecessary or unwanted physical contact
   2. Physical interference with work
   3. Stalking
   4. Deliberate destruction of property
2. Verbal Conduct
   1. Innuendo or other suggestive, offensive or derogatory comments or jokes about a protected class
   2. Extortion, overt threats, or intimidation
   3. Obscene or harassing messages
3. Non-Verbal Conduct
   1. Display of offensive materials or objects
   2. Suggestive or insulting gestures or sounds

Sexual harassment, sexual assault, sexual exploitation, gender-based harassment, stalking, relationship violence (including dating or domestic violence and related misconduct committed) are also acts of discrimination on the basis of sex.

Reporting Discrimination and Harassment

Any member of the College community alleging discrimination and harassment on the basis of membership in any of the protected classes is encouraged to report an offending incident immediately to the Executive Director of Human Resources, and/or Equal Employment Opportunity/Affirmative Action Officer.  In the case of students, the chief intake officer will be the Diversity, Equity and Inclusion Advocate and Judicial Officer or their designee.  If managers and supervisors receive reports of discrimination or harassment, they are required to refer them immediately to one of the three listed previously.  An individual does not have to be the direct target of the discrimination or harassment to report it.

The College is committed to responding to reports of discrimination and harassment promptly and fairly.  Upon completion of the complaint process, the College will take appropriate corrective action consistent with results of the investigation.  Disciplinary action, up to and including termination, may be taken against an employee who violates this Policy.

Knowingly making a material misstatement of fact may subject the complainant to discipline.  Anyone who believes that they have been the subject of a false complaint may meet with the assigned investigator to address the allegations.  The filing of a complaint that does not result in a finding of prohibited conduct is not alone evidence of the intent to file a false complaint.

Retaliation

The College prohibits retaliation against individuals who, in good faith, assert their rights to bring a complaint of discrimination and harassment as defined in this Policy, participates in a discrimination or harassment investigation, or protest the alleged discrimination, harassment, or retaliation.  Retaliation constitutes an offense separate from the original complaint of discrimination, and will be considered independently from the merits of the underlying complaint.  Individuals who believe they have been subject to retaliation should report the conduct to Executive Director of Human Resources, and/or Equal Employment Opportunity/Affirmative Action Officer.  In the case of students, the chief intake officer will be the Diversity, Equity and Inclusion Advocate and Judicial Officer.