Harassment/Discrimination Policy

Unlawful discrimination or harassment based on race, color, creed or religion, sex, sexual orientation, national origin, marital status, veteran’s status, age, disability, or any other legally protected status is strictly prohibited by Tompkins Cortland Community College. The College is committed to maintaining an educational and work environment that is free of any discrimination or harassment and to fostering positive business and personal conduct so that everyone, including students, employees, and invitees, is treated with respect and dignity in a non-discriminatory environment.

The College fully complies with Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the New York Human Rights Law and all other applicable laws or regulations which prohibit discrimination. Discrimination or harassment of individuals for reasons of race, color, creed or religion, sex, sexual orientation, national origin, marital status, age, disability, veteran’s status, or any other protected status is a form of unlawful discrimination.

Sexual Harassment

Sexual harassment is a form of misconduct which undermines an individual’s integrity and human dignity. It can originate from a person of either sex against a person of the opposite or same sex, and from co-workers, supervisors, instructors, students, or even non-employees of the College (i.e., vendors or invitees). It is offensive treatment or behavior which, to a reasonable person, creates an intimidating, hostile or abusive work or academic environment.

Generally, this harassment falls into either of two categories: (i) "quid pro quo", or (ii) causing or allowing a sexually hostile environment to exist within the work place or classroom.

"Quid pro quo" harassment includes unwelcome sexual advances, requests for sexual favors, and other physical conduct of a sexual nature when:

• Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s academic success (i.e., grades) or employment (i.e., a raise, promotion or assignment); or
• Submission to or rejection of such conduct by an individual is used as the basis for academic or personnel decisions affecting the individual.

Examples of this form of sexual harassment would include but are not limited to:

• Any uninvited or unwelcome physical contact, including touching, petting, pinching, persistent and purposeful brushing up against another individual’s body, etc.
• Any suggestion to an individual that sexual favors or relationships will result in a favorable grade, promotion, or other academic or employment opportunity.
• Any suggestion or implication to an individual that his/her refusal to provide sexual favors or relationships will result in a poor grade, demotion, discipline, discharge, or will have an adverse impact on employment or academic results.

A sexually hostile environment exists when an individual’s conduct has the purpose or effect of unreasonably interfering with another individual’s academic or work performance or creating an intimidating, hostile or offensive academic or working environment. Examples of this type of sexual harassment include, but are not limited to:

• Sexual innuendos, sexually suggestive comments, offensive language, sexually oriented kidding or teasing, gestures, practical jokes, etc.
• Offensive displays of sexually suggestive pictures, magazines, or other objects (e.g., sexually explicit calendars, posters, cartoons, photographs, or graffiti).
• Touching, pinching, holding, grabbing, hugging, kissing or intentionally and persistently brushing against another person’s body.
• Inappropriate social conduct such as pressuring a student or employee to date or socialize.
• Any other conduct that ridicules or humiliates an individual because of his/her gender.

Other Unlawful Discrimination/Harassment

These same guidelines also apply to unlawful discrimination or harassment based on race, color, creed or religion, sex, sexual orientation, national origin, age, marital status, disability or any other protected status. Examples of such hostile environment discrimination or harassment include but are not limited to:

• Transfer, demotion or termination of employees on the basis of race, color, creed or religion, sex, sexual orientation, marital status, national origin, age, disability or any other protected status.
• Interference in or denial of opportunities for educational success on the basis of race, color, creed or religion, sex, sexual orientation, national origin, marital status, age, disability, or any other protected status.
• Unwelcome, offensive, or demeaning comments, slurs, language, jokes or gestures related to or referring to an individual’s race, color, creed or religion, sex, sexual orientation, national origin, marital status, age, disability or any other protected status.
• The presence of books, magazines, pictures or other objects that may be reasonably construed as offensive or demeaning based on race, color, creed or religion, sex, sexual orientation, national origin, age, disability, or any other protected status.
• Creating or contributing to an intimidating, hostile, or offensive working environment on the basis of race, color, creed or religion, sex, sexual orientation, national origin, marital status, age, disability or any other protected status.

Individuals who believe that they have been harassed or otherwise discriminated against in violation of this policy should follow the College’s Discrimination/Harassment Complaint Procedure which designates staff at the College to whom such occurrences may be reported so that they can be promptly and thoroughly considered, investigated and appropriately resolved.

Contact the Human Resources department.