Current through Register Vol. 24-06, March 15, 2024
(1) Whatcom Community College is covered by
Title IX of the Education Amendments of 1972 prohibiting gender discrimination
in education and Section 504 of the Rehabilitation Act of 1973 prohibiting
discrimination on the basis of disability. It is the policy of Whatcom
Community College to ensure equal opportunity without regard to gender or
disability status in all areas of admission, education, application for
employment, and employment. Whatcom Community College's policy 4010,
affirmative action/fair employment practices, expands the college's obligation
to include no discrimination on the basis of race, color, national origin,
gender, disability, sexual orientation, religion, age (except when gender or
age is a bona fide occupational qualification) or veteran status which includes
Vietnam era and/or disabled veterans in its programs, recruitments, hiring,
training, retention, promotion and all other personnel actions of qualified
persons. The Washington law against discrimination (WLAD) RCW 49.60; chapter
2.60.00 in the SBCTC's (state board for community and technical college) policy
manual, ADA, Title VI and VII of the Civil Rights Act of 1964, ESHB 2661 and
all law and regulations affecting state employees, shall apply to employees at
Whatcom Community College.
(a) It is the
policy of Whatcom Community College to provide an environment in which members
of the college community can work or study free from harassment or
intimidation. Harassment/intimidation is a form of discrimination. As such
harassment/intimidation is a violation of the 1964 Civil Rights Act and Title
IX of the 1972 Education Amendments.
(b) Discrimination and/or
harassment/intimidation directed to any individual or group on the basis of
race, color, gender, religion, creed, age, marital status, national origin,
sexual orientation, disability and veteran status, or any behavior or action,
either physical or verbal, which is sexual in nature and unwelcome, unwanted or
uninvited, is a violation of the mission and purpose of Whatcom Community
College as an institution of higher education and shall not be tolerated, and,
pursuant to board policy and this procedure, shall be prohibited.
A complaint procedure is required by Title IX of the Education
Amendments of 1972 and section 504 of the Rehabilitation Act of 1973.
(2)
Definitions.
(a) Prohibited
discrimination: Prohibited discrimination is an action taken on the basis of an
individual's membership in, association with or presumption of membership or
association with the following: Race, color, gender, religion, creed, age,
marital status, national origin, sexual orientation, disability and veteran
status, such action resulting in a tangible loss in any area of admission,
education, programs, hiring, training, retention, promotion and all other
personnel actions of qualified persons.
(b) Prohibited harassment and/or
intimidation: Prohibited harassment and/or intimidation shall include, but will
not be limited to verbal and written comments, slurs, jokes, innuendoes,
cartoons, pranks and any and all other physical or nonphysical conduct or
activity that can be construed as derogatory, intimidating, hostile or
offensive and which is directed at the victim because of his/her membership in,
association with or presumption of membership or association with the
following: Race, color, gender, religion, creed, age, marital status, national
origin, sexual orientation, disability, political affiliation and veteran
status; or any behavior or action, either physical or verbal, which is sexual
in nature and unwelcome, unwanted or uninvited. Discrimination and/or
harassment/intimidation actions are herein defined as unwelcome sexual
advances, requests for sexual favors, or other related verbal or physical
conduct when:
[(i) Submission to the conduct is either explicitly or
implicitly made a term or condition of an individual's academic or career
advancement; and/or
(ii) Submission to
or rejection of such conduct by an individual is used as the basis for
employment or academic decisions affecting that individual; and/or
(iii) Such conduct has the effect of
unreasonably interfering with an individuals's work or academic performance or
creating an intimidating, hostile, or offensive environment.]
(c) Board policy: Board policy is
based on the principle that all forms of discrimination and/or
harassment/intimidation are unacceptable and will be dealt with promptly and
effectively. The purpose of the development of a procedure is to establish the
methods by which Whatcom Community College will show reasonable care in the
prevention of harassment and discrimination. This may include, but will not be
limited to the following:
(i) Have in place an
effective discrimination and harassment prevention procedure that supports
board policy;
(ii) Offer and
communicate existence of flexible, accessible, and nonintimidating complaint
procedures;
(iii) Protect
confidentiality to the extent possible under the law;
Develop an investigative protocol aimed at prompt fact
gathering without bias or subjectivity;
(iv) Provide a disciplinary mechanism that is
reasonably calculated to end harassing or discriminatory behavior and correct
inappropriate behavior;
(v) Provide
mandatory training programs on harassment for supervisors and separate training
for nonsupervisory employees.
Statutory Authority:
RCW
28B.50.130,
28B.50.140, and
chapter
49.60 RCW. 07-19-038,
§
132U-300-010, filed 9/13/07,
effective 10/14/07. Statutory Authority:
RCW
28B.50.130 and
28B.50.140. 88-15-005 (Order
88-03), §
132U-300-010, filed
7/8/88.
