WAC 132U-300-010   Statement of policy: Complaints -- Discrimination and/or harassment/intimidation.  (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.]


NOTES:

     Reviser's note:  RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.