Scottsdale Community College

2019-20 Catalog & Student Handbook

Scottsdale Community College 2018-19 Catalog

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Page 162 of 225 SCOTTSDALE COMMUNITY COLLEGE College Environment College Environment 163 2019-2020 CATALOG & STUDENT HANDBOOK 2.4.4 (See also 5.1.8) Sexual Harassment Policy for Students I. Sex Discrimination and Sexual Harassment "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance . . . ." 20 USC ยง1681 / 34 C.F.R. Part 106 The policy of the Maricopa County Community College District (MCCCD) is to provide an educational, employment, and business environment free of sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communications constituting Sexual Harassment as prohibited by state and federal law. Discrimination under this Policy is an unequal treatment of a student based on the student's actual or perceived gender, sexual orientation, or pregnancy. This Policy prohibits Sexual Harassment and Discrimination in any college education program or activity, which means all academic, educational, extracurricular, athletic and other programs. This Policy is subject to Constitutionally protected speech rights and principles of academic freedom. Questions about this Policy may be directed to the MCCCD Equal Employment Opportunity/ Affirmative Action (EEO/AA) Office. A. Sexual Harassment Any unwelcome verbal or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives a student of the ability to participate in or benefit from any MCCCD educational program or activity. The unwelcome behavior may be based on power differentials, the creation of a Hostile Environment, or retaliation for allegations of Sexual Harassment under this Policy. Sexual Harassment can occur regardless of the relationship, position or respective sex of the parties. Sexual Harassment includes Hostile Environment Harassment, Sexual Assault, Inducing Incapacitation for Sexual Purposes, Sexual Exploitation, Dating Violence, and Stalking. Same sex Sexual Harassment violates this Policy. Sexual Harassment by and between students; employees and students; and campus visitors and students is prohibited by this Policy. Depending on the particular circumstances, Sexual Harassment may include, but is not limited to, the following: 1. Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body in a sexual manner. 2. Offering or implying an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct. 3. Threatening or taking a negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's academic work more difficult because sexual conduct is rejected. 4. The use or display in the classroom, including electronic, of pornographic or sexually harassing materials such as posters, photos, cartoons or graffiti without pedagogical justification. 5. Explicit sexual comments by one or more students about another student, or circulating drawings or other images depicting a student in a sexual manner. 6. Unwelcome sexual advances, repeated propositions or requests for a sexual relationship to an individual who has previously indicated that such conduct is unwelcome, or sexual gestures, noises, remarks, jokes, questions, or comments by a student about another student's sexuality or sexual experience. Such conduct between peers must be sufficiently severe, persistent, or pervasive that it creates an educational environment that is hostile or abusive. A single incident involving severe misconduct may rise to the level of Sexual Harassment. B. Hostile Environment Harassment Harassment based on sex, pregnancy, gender identity, gender expression, or sexual orientation that is sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person's ability to participate in or benefit from the college's programs, services, opportunities, or activities. A Hostile Environment can be created by anyone involved in a college program or activity (e.g., administrators, faculty members, students, and campus visitors or contractors). Mere offensiveness is not enough to create a Hostile Environment. Although repeated incidents increase the likelihood that harassment has created a Hostile Environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient. In determining whether harassment has created a Hostile Environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered: 1. the degree to which the conduc t af fec ted one or more students ' education; 2. the nature, scope, frequenc y, duration, and location of incident or incidents; 3. the identit y, number, and relationships of persons involved; 4. the nature of higher education. COLLEGE ENVIRONMENT

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