Staff HR Policy D-703.00
Institutional Effectiveness Criterion: Culture
Harassment - Employees Policy
Northwestern Michigan College prohibits harassment of its employees, students, customers, or vendors in the forms outlined in Harassment Policies D-602.03 and this policy, and Sexual Harassment Policies D-602.04, and D-704.00. NMC's intent is to create and maintain a work and educational environment that promotes respect and dignity for all individuals and is free of harassment and unduly offensive behavior. Harassment is in conflict with a harmonious and productive work and educational environment. Harassment will not be tolerated. Violation of this harassment policy may result in disciplinary action.
- Gender Harassment
Gender harassment is defined to include, among other conduct, communications, threats, insinuations, innuendo, sexist comments or slurs, gender-degrading jokes or humor, offensive stereotype characterizations, or other offensive or insulting conduct based on gender.
- Racial/Ethnic/Religious Harassment
Racial/ethnic/religious harassment is prohibited and is defined to include, among other conduct, communications, threats, insinuations, innuendo, racial, ethnic, or religious slurs, demeaning jokes or humor, offensive stereotype characterizations, or other offensive statements or conduct based upon race, religion, ethnicity directed at an individual or a racial, ethnic, or religious class or group. The terms "ethnic" and "ethnicity" are broadly defined to include any reference to a person's national origin, ancestry, or relations through blood or marriage.
- Personal and Other Kinds of Harassment
Harassment based upon any status or class protected by law is prohibited, including, but not limited to harassment based on age, disability, past or present medical condition, pregnancy, height, weight, student status, veteran/military status, and marital status. Harassment based on sexual orientation is also prohibited. Prohibited conduct includes, but is not limited to, offensive communications, verbal abuse, threats, insinuations, innuendo, slurs, jokes or humor or other conduct based upon a person's status or class that is protected by law or directed at an individual or members of such status or class.
- Harassment Away from Work
Although NMC does not wish to interfere with employees' personal lives, conduct outside the workplace can affect the work environment. Accordingly, the type of conduct and communication prohibited in the above definitions apply to unwanted, offensive contacts outside the workplace, even during non-working hours, when such is committed by an employee, customer, vendor, supplier, or other contact from work (whether it is conducted directly or indirectly, via telephone, or other electronic communication, through the mails or delivery service, or in person). Such harassment is prohibited if it unreasonably interferes with an individual's employment or creates an intimidating, hostile, or offensive work environment.
- Duty to Report Harassment
Employees who experience harassment, as defined in this policy, shall immediately report such harassment to their supervisor or the Director of Human Resources, or any executive staff member.
All employees who witness violations or suspected violations of this policy shall report such to their supervisor or the Director of Human Resources, or any executive staff member.
Although employees are obligated to report violations of this policy to NMC, employees are not prevented or discouraged from reporting harassment or alleged harassment to law enforcement agencies where criminal conduct appears to be involved.
- Investigation of Harassment Complaints
Upon receipt of any report or complaint of alleged harassment, NMC will promptly investigate using NMC’s Discrimination and Harassment Complaint Procedure D-702.01. NMC will take reasonable measures to treat complaints discreetly and respect the personal privacy rights of the person making the complaint and any accused party. However, confidentiality cannot be guaranteed. For example, it may be necessary to notify the alleged perpetrator and potential witnesses of the facts relative to the alleged harassment and to also disclose the facts to comply with state and federal law and any relevant collective bargaining agreements or individual contracts of employment. Upon conclusion of the investigation, appropriate action will be taken.
- Retaliation Protection
No retaliation or reprisals shall be taken against any individual because he or she has filed a harassment complaint or report, participated in a harassment investigation, or otherwise opposed unlawful harassment. No employee shall be disciplined because he or she reports in good faith or complains about harassment act(s) that are not substantiated.
- Sanctions and Penalties
Discipline shall be administered consistent with NMC guidelines and procedures on discipline. A person suspected of serious offenses of this policy may be subject to an investigatory suspension, pending the outcome of the investigation. Any employee who is found to have violated this policy may be subject to discipline as appropriate.
- Discipline imposed upon an employee for violation of this policy may include warning, written reprimand, transfer, suspension or dismissal, depending upon the nature and severity of the offense. Where an employee is covered by a collective bargaining agreement, discipline shall be assessed according to the procedures and standards contained therein.
- Volunteers and contractors violating this policy shall be subject to exclusion from facilities, programs and activities. The College reserves the right to discontinue any contracted services or commercial relationship with any contractor, vendor or other service provided found to have violated this policy.
- When appropriate, referral for criminal investigation and prosecution will be made.
Where harassment complaints are substantiated, the victim will be informed that remedial measures will be taken to reduce the likelihood of recurrence. The victim may not be apprised of the specific counseling or discipline imposed upon individuals found responsible for the harassment due to various privacy and legal concerns.
- Legal Intent
This policy is intended to provide a framework supportive of and consistent with applicable local, state, and federal laws and ordinances. It is not intended nor does it result in any special rights or contractual rights beyond those established by applicable local, state, and federal laws and ordinances. Anyone who believes that he or she has been subjected to harassment should make this known to the appropriate College officials so that the behavior can be evaluated and, if the allegation is substantiated, appropriate action can be taken. College officials who do not respond to such complaints brought to their attention will be in violation of this policy.
The Director of Human Resources is responsible for developing procedures to handle complaints of harassment. See Discrimination and Harassment Complaint Procedure D-702.01.
If any provisions(s) of this policy or set of bylaws conflicts with laws applicable to Northwestern Michigan College, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provisions(s).
Initially adopted December 9, 1996 as Sexual Harassment only
Revised August 5, 1998. Sexual Harassment Policy, renamed Harassment, expanded to include all forms of harassment with Statement of Means and Statement of Principle Revised March 17, 2000
Revised May 14, 2004. Harassment Policy separated into Harassment and Sexual Harassment, with one Statement of Means developed specifically for Employees and one for Students for each Statement of Principle
Revised by adding paragraphs from D-1105.00 and D-1105.01 and renumbered D-503.02 December 20, 2006
Renumbered D-701.02 from D-503.02 (Operations) July 27, 2010
Renumbered D-703.00 November 3, 2010