Discriminatory Harassment Prevention Policy
North Country Community College is committed to provide and maintain a work environment
which is free from unlawful discrimination based on sex (with or without sexual conduct,
and including gender identity, gender expression or transgender status), race, color,
religion, national origin, age, disability, genetic information or predisposing genetic
characteristic, marital status, familial status, military status, domestic violence
victim status, and any other class protected by law. Harassment based on these protected
characteristics (collectively referred to as “discriminatory harassment”) is a form
of unlawful discrimination and is prohibited in each and every work environment and
each and every situation which directly impacts the work environment.
Sexual harassment is covered separately under the North Country Community College’s
Sexual Harassment Prevention Policy. Refer to North Country Community College’s Sexual Harassment Prevention Policy.
North Country Community College will take appropriate steps to prevent and correct
unlawful discriminatory harassment and discrimination as defined by federal, state
and local law (if applicable.) This includes federal laws such as Title VII of the
Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities
Act and the Genetic Information Non-Discrimination Act, as well as the New York State
Human Rights Law.
North Country Community College considers discrimination, discriminatory harassment
and other conduct prohibited by this Policy to be a form of employee misconduct and
considers this type of misconduct to be a serious offense which will not be tolerated.
Allegations of discrimination and discriminatory harassment will be investigated thoroughly
and if substantiated, will be met with appropriate corrective and/or disciplinary
action commensurate with the seriousness of the offense(s), and in accordance with
the parameters of applicable collective bargaining agreements and/or state law.
Retaliation against any individual making a discrimination or harassment complaint
or assisting in the investigation of such a complaint is forbidden. Retaliation is
a serious violation of this policy which may result in disciplinary action.
A. Who is covered by this Policy? This policy applies to all applicants, employees, interns
(paid or unpaid), volunteers, contractors, and other non-employees conducting business
with North Country Community College.
B. What does this Policy prohibit? This policy prohibits discriminatory harassment,
discrimination and retaliation whether engaged in by fellow employees, by a supervisor
or manager or by someone not directly connected to North Country Community College
(e.g., an outside vendor, consultant, other non-employee or citizen).
C. Where can discrimination or discriminatory harassment occur? Conduct prohibited by
this Policy is unacceptable in the workplace and in any work-related setting outside
the workplace, such as during business trips, business meetings, and business-related
social events.
D. All information gathered during an investigation of a complaint will be handled in
a confidential manner, to the extent possible.
E. This Policy does not preclude the filing of discrimination, discriminatory harassment
or retaliation complaints with the New York State Division of Human Rights (DHR),
the Federal Equal Employment Opportunity Commission (EEOC), or the pursuing of any
other remedies as permitted by law.
A. Discrimination
Discrimination on the basis of any protected characteristic is prohibited. Discrimination includes any adverse employment action (termination, failure to hire, demotion, failure to promote, etc.) taken on the basis of sex (with or without sexual conduct, and including gender identity, gender expression or transgender status), race, color, religion, national origin, age, disability, genetic information or predisposing genetic characteristic, marital status, familial status, military status, domestic violence victim status, and any other class protected by law.
B. Discriminatory Harassment
Harassment on the basis of any protected characteristic is prohibited. Under this
policy, prohibited discriminatory harassment is verbal or physical conduct that is
offensive to or shows hostility or aversion toward an individual because of a protected
class or characteristic, and that: (i) has the purpose or effect of creating an intimidating,
hostile or offensive work environment; (ii) has the purpose or effect of unreasonably
interfering with an individual’s work performance; or (iii) otherwise adversely affects
an individual’s employment opportunities.
NOTE: Sexual harassment, including harassment on the basis of sex (including gender identity
or transgender status) and sexual orientation is covered separately under North Country
Community College’s Sexual Harassment Prevention Policy.
Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping;
threatening, intimidating or hostile acts; denigrating jokes and display or circulation
in the workplace (including through e-mail) of written or graphic material that denigrates
or shows hostility or aversion toward an individual or group, based on an individual’s
protected class.
C. Retaliation
Retaliation against any individual for making a discriminatory or any harassment complaint
or assisting in the investigation of such a complaint is prohibited by law and under
this Policy. Unlawful retaliation can be any adverse employment action, including
being discharged, disciplined, discriminated against, or any action that would keep
or discourage anyone covered by this Policy from coming forward to make or support
a claim of discrimination or discriminatory harassment. Adverse action need not be
job-related or occur in the workplace to constitute unlawful retaliation.
Any employee, intern, volunteer, and non-employee who believes they have been subjected
to retaliation should report this conduct in accordance with the same reporting procedures
as are outlined below. These complaints of retaliation will be investigated in accordance
with the same procedures utilized and described below. Individuals also may file complaints
of retaliation with the federal or state enforcement agencies (EEOC or New York State
Division of Human Rights.)
Any individual found to have engaged in retaliation as defined in this Policy may
be subject to disciplinary action up to and including termination, and/or other corrective
or remedial action as necessary and permitted by an applicable collective bargaining
agreement or state law.
[OPTIONAL] D. Other Unacceptable Conduct:
This policy also prohibits conduct of one employee toward another that may not rise
to the level of discriminatory harassment in violation of the law, but nonetheless
creates a degree of hostility or intimidation that adversely affects the work environment.
Teasing, ridicule, and other conduct intended to annoy, personally attack, belittle
or embarrass another individual is inappropriate and also unacceptable in the workplace.
Therefore, North Country Community College encourages the use of its complaint procedure
by employees who believe they have been subject to inappropriate conduct by another
employee, even if such conduct may not be harassment or discrimination per se. North
Country Community College endeavors to create an environment in which employees may
feel free to raise concerns and are confident that those concerns will be addressed.
A. Reporting Procedures
Preventing harassment is everyone’s responsibility. If an employee, intern, volunteer,
or non-employee who witnesses or is subjected to a situation which he/she believes
constitutes discriminatory harassment in violation of this Policy, North Country Community
College recommends that the person confront the harasser directly and advise the harasser
that his/her behavior is not welcomed and will not be tolerated.
If an employee, intern, volunteer or non-employee who witnesses or is subjected to
a situation which he/she believes constitutes discrimination or discriminatory harassment,
he/she should file a complaint with the Compliance Officer as set forth below. Anyone
who witnesses or becomes aware of potential instances of discrimination or harassment
should also report such behavior to the Compliance Officer.
⦁ Compliance Officer: Director of Human Resources
⦁ In the event that the Compliance Officer is the subject of the complaint, complaints are to be made to VP Administration / CFO.
⦁ In the event that the Compliance Officer is the subject of the complaint, complaints are to be made to VP Administration / CFO.
Although encouraged, note that neither this Policy nor state or federal law requires
that an individual tell an alleged harasser to stop his/her actions. Failure to do
so does not preclude the individual from filing a complaint of discriminatory harassment.
Individuals should feel free to keep written records of any actions which may constitute
harassment, including time, date, location, names of others involved, witnesses (if
any), and who said or did what to whom.
Complaints may be made verbally or in writing. If made verbally, the complaint must
be reduced to writing by the individual to whom it was reported. The written report
must be given to the Compliance Officer. A form for submission of a written complaint
is attached to this Policy, and all employees, interns, volunteers, and non-employees
conducting business in the workplace are encouraged to use this complaint form. Individuals
who are reporting discrimination or harassment on behalf of other employees, interns,
volunteers or non-employees should use the complaint form and note that it is submitted
on another person’s behalf.
B. Employee Responsibilities
All employees, interns and volunteers are responsible for refraining from discrimination,
discriminatory harassment or retaliation in the workplace. Anyone who witnesses discrimination,
discriminatory harassment or retaliation may notify the person responsible that their
behavior is inappropriate, and in any and all events, should notify the Compliance
Officer.
C. Supervisory Responsibilities
All managerial and supervisory personnel of North Country Community College shall
be responsible for enforcing this Policy and shall have particular responsibility
for ensuring that the work environment under their supervision is free from discrimination,
discriminatory harassment, and retaliation. Failure of a manager or supervisor to
comply with this responsibility may result in disciplinary action.
All managerial and supervisory personnel who receive complaints of, observe directly,
or otherwise become aware of or suspect that discrimination, discriminatory harassment
or retaliation is occurring, will be responsible for immediately forwarding such complaints,
in writing, to the Compliance Officer.
Supervisors and managers will be subject to discipline (or other remedial or appropriate
action) for failing to report suspected discriminatory harassment or otherwise knowingly
allowing the harassment to continue. Supervisors and managers will also be subjected
to discipline (or other remedial or appropriate action) if found to have engaged in
discrimination, discriminatory harassment, or retaliation.
D. Employer Responsibilities
North Country Community College will conduct periodic training on the issues surrounding
discrimination, discriminatory harassment, its effects and its appearances, and the
role and responsibility of employees and managerial/supervisory personnel in preventing
incidents of discrimination and harassment.
North Country Community College will also distribute this Policy to all employees,
interns and volunteers, and ensure that it is distributed to new employees as they
are hired.
Discrimination and discriminatory harassment complaints will be investigated. The
Compliance Officer [OR INVESTIGATING OFFICIAL] and/or their designee(s) will conduct
a prompt and thorough investigation commencing immediately and completed as soon as
possible. The investigation will be confidential to the greatest extent possible.
Any employee, volunteer, intern or non-employee may be required to cooperate as needed
in an investigation of suspected discriminatory harassment. As further set forth herein,
North Country Community College will not tolerate retaliation against those who file
complaints, support another’s complaint, or participate in the investigation of a
complaint.
The nature and extent of an investigation may vary on a case by case basis dependent
upon the circumstances and extent of the allegations. Generally, investigations should
be conducted in accordance with the following steps:
⦁ Upon receipt of complaint, the Compliance Officer or their designee will conduct
an immediate review of the allegations, and take interim actions, as appropriate.
If the complaint is oral, encourage the individual to complete the “Complaint Form”
in writing. If he or she refuses, prepare a Complaint Form or other write up of the
complaint based on the oral reporting.
⦁ If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them.
⦁ Request and review all relevant documents, including all electronic communications.
⦁ Interview all parties involved, including any relevant witnesses.
⦁ Create (at a minimum) written documentation of the investigation (such as a letter, memo or email), which contains the following:
⦁ If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them.
⦁ Request and review all relevant documents, including all electronic communications.
⦁ Interview all parties involved, including any relevant witnesses.
⦁ Create (at a minimum) written documentation of the investigation (such as a letter, memo or email), which contains the following:
⦁ A list of all documents reviewed, along with a detailed summary of relevant documents;
⦁ A list of names of those interviewed, along with a detailed summary of their statements;
⦁ A timeline of events;
⦁ A summary of prior relevant incidents, reported or unreported; and
⦁ Recommendation(s) for the final resolution of the complaint, together with any recommendations for corrective or remedial actions to be taken.
⦁ A list of names of those interviewed, along with a detailed summary of their statements;
⦁ A timeline of events;
⦁ A summary of prior relevant incidents, reported or unreported; and
⦁ Recommendation(s) for the final resolution of the complaint, together with any recommendations for corrective or remedial actions to be taken.
⦁ Keep the written documentation and associated documents in the employer’s records.
Once the investigation is completed, the Compliance Officer [OR person or office designated
to make final determination] or their designee will make a Final Determination as
to whether the Policy has been violated.
The Compliance Officer [OR person of office designated to make final determination]
or their designee shall promptly notify the complainant of the Final Determination,
and also inform the complainant of their right to file a complaint or charge with
the DHR or EEOC, or in an appropriate court.
If a complaint of discriminatory harassment, other harassment, or retaliation is determined
to be founded, North Country Community College will take disciplinary and/or corrective
action in accordance with law and/or an applicable collective bargaining agreement.
The Compliance Officer will be responsible for overseeing the implementing of any
corrective or remedial actions deemed necessary.
If disciplinary charges are filed against an employee on the grounds that North Country
Community College has determined the employee is guilty of discrimination, discriminatory
harassment or retaliation, the accused employee may exercise his/her rights through
the disciplinary procedure provided for in his/her collective bargaining agreement,
or state law, if applicable.
Reporting of a false complaint is a serious act. In the event it is found that an
individual bringing the complaint has knowingly made false allegations, North Country
Community College may take appropriate remedial action and/or disciplinary action
in accordance with the provisions of applicable collective bargaining agreement and/or
state law.
ADOPTED: October 9, 2018 via SUNY Administration.