WAC 132N-300-001
Statement of policy. (1) The college
affirms a commitment to freedom from discrimination for all
members of the college community. The responsibility for, and
the protection of, this commitment extends to students, faculty,
administration, staff, contractors, and those who develop or
participate in college programs. It encompasses every aspect of
employment and every student and community activity. The college
expressly prohibits discrimination against any person on the
basis of race, sex, creed, religion, color, national origin, age,
sexual orientation, marital status, the presence of any physical,
sensory or mental disability, or status as a disabled or
Vietnam-era veteran. Harassment is a form of discrimination.
(2) Definitions.
(a) Sexual harassment is a form of sex discrimination which
involves the inappropriate introduction into the work or learning
situation of sexual activities or comments that demean or
otherwise diminish one's self worth on the basis of gender.
Unwelcome sexual advances, requests for sexual favors and other
verbal or physical conduct of a sexual nature constitute sexual
harassment under any of the following conditions:
(i) When submission to such conduct is made either
explicitly or implicitly a term or condition of an individual's
employment or academic standing.
(ii) When submission to or rejection of such conduct by an
individual is used as the basis for employment or academic
decisions affecting such individual.
(iii) When such conduct has the purpose or effect of
unreasonably interfering with an individual's work or academic
performance or creating an intimidating, hostile, offensive
working or educational environment.
Sexual harassment often involves relationships of unequal
power and contains elements of coercion--as when compliance with
requests for sexual favors becomes a criterion for granting work,
study, or grading benefits. However, sexual harassment may also
involve relationships among equals, e.g., student to student, as
when repeated sexual advances or demeaning verbal behavior have a
harmful effect on a person's ability to study or work.
Gender discrimination is the process of making a distinction
in favor of, or against, a person or persons on the basis of sex
rather than on individual merit. If gender is taken into account
when making a decision regarding an employee, except when it is a
bona fide occupational qualification or is otherwise authorized
by law, or if an employee is sexually harassed, that person has
been subjected to gender discrimination.
(b) Racial harassment is defined as physical or verbal
conduct that is maliciously intended to harass, intimidate, or
humiliate a person or persons on account of race, color, or
national origin and that causes severe emotional distress,
physical injury or damage or destruction to the property of
another, or threatens and places a specific person or group of
persons in reasonable fear of harm.
(c) Disabilities. People with disabilities are persons with
a physical, mental, or sensory impairment which substantially
limits one or more major life activities. An individual is
disabled if he or she meets at least any one of the following
tests:
(i) He or she is substantially impaired with respect to a
major life activity; or
(ii) He or she has a record of such an impairment; or
(iii) He or she is regarded as having such an impairment.
(d) Disabled veteran. A person entitled to disability
compensation under laws administered by the U.S. Department of
Veterans Affairs, or a person whose discharge or release from
active duty was for a disability incurred or aggravated in the
line of duty.
(e) Vietnam-era veteran. A person who served on active duty
for a period of more than one hundred eighty days, any part of
which occurred between August 5, 1964, and May 7, 1975, and was
discharged or released from duty with other than a dishonorable
discharge.
[Statutory Authority: RCW 28B.50.140. 98-19-066, §
132N-300-001, filed 9/18/98, effective 10/19/98.]