SECTION DFC.1


PERSONNEL
EMPLOYEE RIGHTS AND PRIVILEGES
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION

Procedure


DISCRIMINATION


Discrimination against an employee is defined as conduct directed at an employee on the basis of race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law, that adversely affects the employee’s employment.


HARASSMENT


Prohibited harassment of an employee is defined as physical, verbal, or nonverbal conduct based on an employee’s race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law, when the conduct is so severe, persistent, or pervasive that the conduct:

  1. Has the purpose or effect of unreasonably interfering with the employee’s work performance;
  2. Creates an intimidating, threatening, hostile, or offensive work environment; or
  3. Otherwise adversely affects the employee’s performance, environment, or employment opportunities.

EXAMPLES


Examples of prohibited harassment may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, gender identity, or need for workplace accommodation; threatening or intimidating conduct; offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other stereotypes; or other types of aggressive conduct such as theft or damage to property.


SEXUAL HARASSMENT


Sexual harassment is a form of sex discrimination defined as unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when:

  1. Submission to the conduct is either explicitly or implicitly a condition of an employee’s employment, or when submission to or rejection of the conduct is the basis for an employment action affecting the employee; or
  2. The conduct is so severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with the employee’s work performance or creates an intimidating, threatening, hostile, or offensive work environment.

EXAMPLES


Examples of sexual harassment may include sexual advances; touching intimate body parts; coercing or forcing a sexual act on another; jokes or conversations of a sexual nature; and other sexually motivated conduct, communication, or contact.


RETALIATION


The College District prohibits retaliation against an employee who makes a claim alleging to have experienced discrimination or harassment, or another employee who, in good faith, makes a report, serves as a witness, or otherwise participates in an investigation.
An employee who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding harassment or discrimination is subject to appropriate discipline.


EXAMPLES


Examples of retaliation may include termination, refusal to hire, demotion, and denial of promotion. Retaliation may also include threats, unjustified negative evaluations, unjustified negative references, or increased surveillance.


PROHIBITED CONDUCT


In this procedure, the term “prohibited conduct” includes discrimination, harassment, and retaliation as defined by this procedure, even if the behavior does not rise to the level of unlawful conduct.


REPORTING PROCEDURES


An employee who believes that he or she has experienced prohibited conduct or believes that another employee has experienced prohibited conduct should immediately report the alleged acts. The employee may report the alleged acts to his or her immediate supervisor.

Alternatively, the employee may report the alleged acts to one of the College District officials below.

For the purposes of this procedure, College District officials are the ADA/Section 504 coordinator, the Title IX coordinator, and the District President.


ADA / SECTION 504 COORDINATOR


The College District designates the following person to coordinate its efforts to comply with Title II of the Americans with Disabilities Act of 1990, as amended, which incorporates and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973, as amended.

Name: Marcy Ballew
Position: Vice President for Human Resources
Address: 3200 West 7th Ave., Corsicana, TX 75110
Telephone: (903) 875-7330


TITLE IX COORDINATOR


Reports of discrimination based on sex, including sexual harassment, may be directed to the Title IX coordinator. The College District designates the following person to coordinate its efforts to comply with Title IX of the Education Amendments of 1972, as amended:

Name: Maryann Hailey
Position: Vice President for Student Services
Address: 3200 West 7th Ave., Corsicana, TX 75110
Telephone: (903) 875-7375


OTHER DISCRIMINATION LAWS


The District President or designee shall serve as coordinator for purposes of College District compliance with all other antidiscrimination laws.


ALTERNATIVE REPORTING PROCEDURES


An employee shall not be required to report prohibited conduct to the person alleged to have committed it. Reports concerning prohibited conduct, including reports against the ADA or Title IX Coordinator, may be directed to the District President or designee.
A report against the District President may be made directly to the Board. If a report is made directly to the Board, the Board shall appoint an appropriate person to conduct an investigation.


TIMELY REPORTING


Reports of prohibited conduct shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to promptly report may impair the College District’s ability to investigate and address the prohibited conduct.


NOTICE OF REPORT


Any College District supervisor who receives a report of prohibited conduct shall immediately notify the appropriate College District official listed above and take any other steps required by this procedure.


INVESTIGATION OF THE REPORT


The College District may request, but shall not insist upon, a written report. If a report is made orally, the College District official shall reduce the report to written form.

Upon receipt or notice of a report, the College District official shall determine whether the allegations, if proven, would constitute prohibited conduct as defined by this procedure. If so, the College District official shall immediately authorize or undertake an investigation, regardless of whether a criminal or regulatory investigation regarding the same or similar allegations is pending.

If appropriate, the College District shall promptly take interim action calculated to prevent prohibited conduct during the course of an investigation.
The investigation may be conducted by the College District official or a designee or by a third party designated by the College District, such as an attorney. When appropriate, the supervisor shall be involved in or informed of the investigation.

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.


CONCLUDING THE INVESTIGATION


Absent extenuating circumstances, the investigation should be completed within ten College District business days from the date of the report; however, the investigator shall take additional time if necessary to complete a thorough investigation.

The investigator shall prepare a written report of the investigation. The report shall be filed with the College District official overseeing the investigation.


COLLEGE DISTRICT ACTION


If the results of an investigation indicate that prohibited conduct occurred, the College District shall promptly respond by taking appropriate disciplinary or corrective action reasonably calculated to address the conduct.

The College District may take action based on the results of an investigation, even if the conduct did not rise to the level of prohibited or unlawful conduct.


CONFIDENTIALITY


To the greatest extent possible, the College District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation and comply with applicable law.


APPEAL


A complainant who is dissatisfied with the outcome of the investigation may appeal through AP-DFB.1, beginning at the appropriate level.

The complainant may have a right to file a complaint with appropriate state or federal agencies.


RECORDS RETENTION


Retention of records shall be in accordance with the College District’s records retention procedures.


Approved: May 7, 2015
Revised: February 27, 2017