Discrimination & Harassment
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Interim Protocols
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| Grievance Procedure
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Clark College affirms a commitment to freedom from discrimination for all members of the college community.
Diversity and Free Expression at Clark College
Use of College Facilities, Property and Grounds for First Amendment Activities
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Clark College affirms a commitment to freedom from discrimination for all members of the College community. The College expressly prohibits discrimination against any person on the basis of race, color, national origin, sex, age, creed, religion, sexual orientation, gender identity, gender expression, marital status, presence of physical, sensory or mental disability, disabled veteran status, or Vietnam-era veteran status.
The college president delegates investigation of grievances on the basis of race, sex, creed, religion, color, national origin, age, sexual orientation, gender identity, gender expression and/or marital status to:
Darcy Rourk
Associate Vice President of Human Resources
(360) 992-2325
The college president delegates investigation of grievances on the basis of any physical, sensory or mental disability, or status as a disables or Vietnam-era veteran to:
ADA Compliance Office (ADACO)
Room 137, Gaiser Hall
(360) 992-2580
VP 360.991.0901
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- Sexual Harassment:
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A form of sex discrimination which involves the inappropriate
introduction into the work or learning situation of sexual activities
or comments that demean or otherwise diminish one's self worth on
the basis of gender. Unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct of a sexual nature constitute
sexual har-assment under any of the following conditions:
1. When submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment
or academic standing.
2. When submission to or rejection of such conduct by an individual
is used as the basis for employment or academic decisions affecting
such individual.
3. When such conduct has the purpose or effect of unreasonably
interfering with an individual's work or academic performance
or creating an intimidating, hostile, offensive working or educational
environment.
Sexual harassment often involves relationships of unequal power
and contains elements of coercion-as when compliance with requests
for sexual favors becomes a criterion for granting work, study,
or grading benefits. However, sexual harassment may also involve
relationships among equals, e.g., student to student, as when repeated
sexual advances or demeaning verbal behavior have a harmful effect
on a person's ability to study or work.
- Gender Discrimination:
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The process of making a distinction in favor of, or against,
a person or persons on the basis of sex rather than on individual
merit. If gender is taken into account when making a decision regarding
an employee, except when it is a bona fide occupational qualification
or is otherwise authorized by law, or if a person is sexually harassed,
that person has been subjected to gender discrimination.
- Sex Discrimination:
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The process of making a distinction in favor of, or against, a person or persons on the basis of sex rather than on individual merit. If gender is taken into account when making a decision regarding an employee, except when it is a bona fide occupational qualification or is otherwise authorized by law, or if a person is sexually harassed, that person has been subjected to gender discrimination.
- Racial Harassment:
- Physical or verbal conduct that is maliciously intended to harass, intimidate, or humiliate a person or persons on account of race, color, or national origin and that causes severe emotional distress, physical injury or damage or destruction to the property of another, or threatens and places a specific person or group of persons in reasonable fear of harm.
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- Disabilities:
- People with disabilities are persons with a physical, mental, or sensory impairment which substantially limits one or more major life activities. An individual is disabled if he or she meets at least any one of the following tests: (i) he or she is substantially impaired with respect to a major life activity; or (ii) he or she has a record of such an impairment, or (iii) he or she is regarded as having such an impairment.
- Disabled Veteran:
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A person entitled to disability compensation under laws administered
by the U.S. Department of Veterans Affairs, or a person whose discharge
or release from active duty was for a disability incurred or aggravated
in the line of duty.
- Vietnam-era Veteran:
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A person who served on active duty for a period of more than
180 days, any part of which occurred between August 5, 1964, and
May 7, 1975, and was discharged or released from duty with other
than a dishonorable discharge.
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No one shall be singled out, penalized, or retaliated against
in any way by a member of the College community for initiating or participating
in a grievance procedure. Retaliation may be grounds for disciplinary
action.
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Complaints should be filed within 180 days from the most recent
incident; however, complainants are encouraged to express concerns as
soon as possible. Where extraordinary circumstances are shown, the
180 day limit may be waived.
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Informal Meeting.
In an attempt to informally resolve the concern, the complainant
may request a meeting with the individual believed to have committed
the discriminatory act (the respondent) or with the appropriate
supervisor or President's designee. The time period in which attempts
to informally resolve the concern are made shall not exceed thirty
(30) working days from the time the complaint is lodged. |
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- Formal Grievance Procedure.
A formal grievance must be filed in writing and must set forth
the specific grievance(s) raised by the complainant, including
the dates, times, places, and circumstances surrounding his or
her complaint. A form for this purpose is available; however,
any written document is acceptable. Formal complaints may not
be filed by e-mail.
Upon receipt of the grievance, an investigation will be conducted
which includes, but is not limited to, interview(s) with the complainant,
the respondent, and any additional persons necessary to determine
the merit(s) of the complaint. The investigation should be completed
within thirty (30) working days.
Upon completion of the investigation, a written report will be
prepared, which includes findings and conclusions to the complainant
and the respondent. The report may include a recommendation for
appropriate disciplinary or corrective action, or the report may
be sent to the designated Vice President or administrator to determine
appropriate disciplinary or corrective action. If the complaint
is found to be false and malicious, notification will be given
to the designated Vice President or administrator for possible
disciplinary action against the complainant. |
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- Presidential Appeal.
If the complaint is not resolved at Step 2, the complainant
may appeal to the College President. The appeal must be made in
writing within twenty-one (21) days after the report is issued.
Within twenty (20) days after receiving the appeal, the College
President or the president's designee will conduct the presidential
review and report the results in writing to both the complainant
and the respondent. The College President may affirm or modify
the report, remand the case for further investigation, or dismiss
the appeal. The written results of the presidential review will
be considered final.
No further intra-institutional appeal exists. |
| Title IX |
Title IX states: “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…”
If you have questions related to Clark College athletics, please contact Title IX Compliance Officer/Interim Athletic Director Charles Guthrie at (360) 992–2268 or by e-mail at cguthrie@clark.edu.
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If desired, inquiries or appeals beyond the Clark College level may
be directed to:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
909 First Avenue, Suite 400
Seattle, WA 98104-1061
(206) 220-6883 • (206) 220-6882 TTY
www.eeoc.gov
WASHINGTON STATE HUMAN RIGHTS COMMISSION
711 South Capitol Way, Suite 402
PO Box 42490
Olympia, WA 98504-2490
(360) 753-6770
1-800-300-7525 TTY
www.hum.wa.gov
US DEPARTMENT OF EDUCATION
Office for Civil Rights
915 Second Avenue, Room 3310
Seattle, WA 98174-1099
(206) 220-7900 • (206) 220-7907 TTY
www.ed.gov/ocr
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