SECTION FFD.1


STUDENT
STUDENT WELFARE
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION
HARASSMENT, INTIMIDATION,AND BULLYING

Procedure


STATEMENT OF NONDISCRIMINATION


Navarro College prohibits discrimination, including harassment, against any student on the basis of race, color, religion, gender, national origin, disability, or any other basis prohibited by law.  Retaliation against anyone involved in the complaint process is a violation of Navarro College policy and is prohibited.


DISCRIMINATION


Discrimination against a student is defined as conduct directed at a student on the basis of race, color, religion, gender, national origin, disability, or on any other basis prohibited by law, that adversely affects the student.


PROHIBITED HARASSMENT


Prohibited harassment of a student is defined as physical, verbal, or nonverbal conduct based on the student’s race, color, religion, gender, national origin, disability, or any other basis prohibited by law that is so severe, persistent, or pervasive that the conduct:0)

  1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  3. Otherwise adversely affects the student’s educational opportunities.

 


EXAMPLES


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


SEXUAL HARASSMENT BY AN EMPLOYEE


Sexual harassment of a student by a Navarro College employee includes unwelcome sexual advances; requests for sexual favors; sexually motivated physical, verbal, or nonverbal conduct; or other conduct or communication of a sexual nature when: 0)

  1. A Navarro College employee causes the student to believe that the student must submit to the conduct in order to participate in a school program or activity, or that the employee will make an educational decision based on whether or not the student submits to the conduct; or
  2. The conduct is so severe, persistent, or pervasive that it:

a) Affects the student’s ability to participate in or benefit from an educational program or activity, or otherwise adversely affects the student’s educational opportunities; or

b) Creates an intimidating, threatening, hostile, or abusive educational environment.


BY OTHERS


Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it:0)

  1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  3. Otherwise adversely affects the student’s educational opportunities.

 


SEXUAL VIOLENCE


Sexual violence is a form of sexual harassment.  Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.

 


EXAMPLES


Examples of sexual harassment of a student may include sexual advances; touching intimate body parts or coercing physical contact that is sexual in nature; jokes or conversations of a sexual nature; rape; sexual assault; sexual battery; sexual coercion; and other sexually motivated conduct, communications, or contact.

 


GENDER-BASED HARASSMENT


Physical contact not reasonably construed as sexual in nature is not sexual harassment.

Gender-based harassment includes physical, verbal, or nonverbal conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity.  For purposes of this policy, gender-based harassment is considered prohibited harassment if the conduct is so severe, persistent, or pervasive that the conduct:0)

  1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;
  2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or
  3. Otherwise adversely affects the student’s educational opportunities.

 


EXAMPLES


Examples of gender-based harassment directed against a student, regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity, may include offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property.

 


RETALIATION


Navarro College prohibits retaliation by a student or Navarro College employee against a student alleged to have experienced discrimination or harassment or another student who, in good faith, makes a report of harassment or discrimination, serves as a witness, or otherwise participates in an investigation.

 


EXAMPLES


Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions.  Unlawful retaliation does not include petty slights or annoyances.

 


FALSE CLAIMS


A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a Navarro College investigation regarding discrimination or harassment shall be subject to appropriate disciplinary action.

 


PROHIBITED CONDUCT


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


STUDENT REPORTING


Any student with a concern of this nature should follow the student grievance procedures as described in the section entitled Student Complaints/Grievances (Student – Student Rights and Responsibilities – Student Complaints/Grievances), consult with the Vice President for Student Services or his/her designee, and report such incidents in a timely manner.

 


Date Issued: January 22, 2015

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