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Policy Statement Prohibiting Harassment

It is the policy of the College to maintain an academic and work environment free of illegal harassment for students, faculty and staff. Harassment is contrary to the standards of the College’s community; it diminishes individual dignity and impedes equal employment and educational opportunities. The College prohibits harassment based on age, race, color, creed, religion, handicap, disability, marital status, sex, sexual orientation, national origin, ancestry, citizenship, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or Wisconsin, or use or nonuse of lawful products off College premises during nonworking hours, or other legally protected status. The College seeks to provide academic and work environments that are free from intimidation and harassment based on any of these characteristics and the College specifically prohibits such intimidation and harassment, including sexual harassment.

Intimidation and harassment can arise from a broad range of physical or verbal behavior (by employees, students, outside contractors or other individuals), which can include, but is not limited to, the following:

• Physical or mental abuse
• Racial, ethnic or religious insults or slurs
• Unwelcome sexual advances or touching
• Sexual comments, jokes, stories or innuendos
• Requests for sexual favors used as a condition of employment/academic progress
• Display of sexually explicit or offensive posters, calendars or materials
• Referring to another employee/student as girl, hunk, doll, babe or honey
• Making sexual gestures with hands or body movements
• Intentionally standing close or brushing up against another employee/student
• Inappropriately staring at another employee/student or touching his/her clothing, hair or body
• Whistling at another employee/student, (cat calls)
• Asking personal questions about another employee’s/student’s sexual life
• Repeatedly asking out an employee/student who has stated that he/she is not interested
• Looking another employee/student up and down (“elevator eyes”)

These activities are offensive and are inappropriate at the College. This is a serious issue not just for the College, but also for each individual. An employee or supervisor may be held individually liable as a harasser, subject to the same penalties which may be imposed upon employers under state and federal law, and will be subject to discipline, up to and including termination. Students may be subject to claims by fellow students or staff for their conduct, as well as subject to College discipline, including expulsion or suspension. This policy against harassment applies throughout all College environments, whether on campus, at work assignments off campus, at College-sponsored social functions, or otherwise.

In addition, no employee or student of the College should have to tolerate harassment from any vendor or other person doing business with the College or others whom they come in contact with in the course of the College's functions. While the ability to influence the conduct of others may be limited, the College is committed to taking appropriate action to the extent practical, to protect and assist each person.

Harassment or similar unacceptable activities that could become a condition of employment or a basis for educational or personnel decisions, or which create a hostile, intimidating or offensive environment are specifically prohibited by the College. Any individual who engages in such harassment, or retaliates against another individual because he or she made a report of harassment or participated in an investigation of a claim of harassment, is subject to immediate discipline, up to and including suspension or expulsion.

It is the responsibility of administration, supervisors, employees, and all students to ensure that these prohibited activities do not occur.

It is suggested that, if the individual is comfortable doing so, he/she first speak to the person who has engaged in the inappropriate behavior about his or her conduct. Explain that the conduct is unwelcome. The offensive conduct may have been thoughtless or based on a mistaken belief that it was welcome. In any event, an immediate response is recommended and do not ignore the problem. If the result is not satisfactory or if the student is not comfortable speaking to the offender directly, he or she should notify one of the appropriate people listed below as soon as possible. It is important to inform College officials about the inappropriate conduct as soon as possible, because nothing can be done to remedy the problem if College officials do not know that it exists.

Any student who believes that he or she has been the subject of prohibited harassment or retaliation should report the matter immediately to the Director of Student Development, or designee, or, if the student believes the Director of Student Development is responsible for, or has permitted, the prohibited harassment or retaliation to occur, he or she should report the matter immediately to the Director of Human Resource Services. Any such reports will be investigated promptly and be kept confidential within the bounds of the investigation and the law. Please retain any notes, letters or other written material that relate to the complaint.

This policy reinforces the College’s tradition of developing and maintaining a professional environment comprised of people who respect one another and who believe in the College’s high ideals. It is the responsibility of all to uphold that tradition.

Procedures

This procedure is designed to comply with Title IX of the 1972 Educational Amendments and the applicable federal regulations which require federal grantees to “Adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints, alleging discrimination on the basis of sex.” (34 C.F.R. 106.8(b).) It is also designed to comply with Wisconsin law prohibiting discrimination against students. (S 38.23, Wis. Stats.)

• Informal Procedure: Whenever possible, the person should attempt to resolve the issue directly with the person involved. If they are not comfortable in doing so, they may seek the assistance of a third party to intervene on their behalf.
• Formal Procedure: If the student believes that the issue is still not resolved to his or her satisfaction, the student should contact the Director of Student Development, or designee, to discuss the concerns and what response the student wants from the College. A formal complaint of discrimination/harassment may be filed no later than 300 days following the alleged incident of discrimination/harassment.

If after the informal discussion, the student decides to file a formal complaint, the following steps should be taken:

Step 1.

A formal complaint should be in writing and detail the facts and circumstances which are the basis for the complaint and identify the individual(s), procedures(s) or practice(s) at WCTC, responsible for the alleged discrimination or harassment. The written complaint is given to the Director of Student Development or his/her designee, for follow-up and investigation. The investigation will, if practical, be concluded within fifteen (15) college days. Written findings should be issued within three (3) college days after the conclusion of the investigation. If there is a determination to believe that unlawful discrimination or harassment did occur, recommendations for resolution will be issued.

Step 2.

If there is a finding of discrimination/harassment or retaliation in violation of College regulations, policies or procedures by a College employee or a determination that such a violation may have occurred, the matter will be referred to the Director of Human Resource Services and the employee’s manager for review and appropriate action under the applicable disciplinary procedures. If there is a finding of discrimination/ harassment or retaliation in violation of College regulations, policies or procedures by a student of the College or a determination that such a violation may have occurred, the matter will be referred to the Director of Student Development for review and appropriate action pursuant to the Procedures Governing Student Conduct, Student Rights and Student Complaints.

In either case, the employee or student whose conduct is being referred for review will be notified of the referral.

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