Harassment and Violence Policy

 General Statement of Policy

It is the policy of Itasca Community College (the "college") to maintain a learning and working environment that is free from religious, racial, or sexual harassment and violence.

It shall be a violation of this policy for any student, instructor, administrator or other college personnel to harass a student, instructor, administrator or other college personnel through conduct or communication of a sexual nature or regarding religion and race as defined by this policy. (For purposes of this policy, college personnel includes college employees, agents, volunteers, contractors or persons subject to the supervision and control of the college.)

It shall be a violation of this policy for any student, instructor, administrator or other personnel of the college to inflict, threaten to inflict or attempt to inflict religious, racial or sexual violence upon any student, instructor, administrator or other college personnel.

The college will investigate all complaints, either formal or informal, verbal or written, of religious, racial or sexual harassment or violence, and will discipline or take appropriate action against any student, instructor, administrator or other college personnel who is found to have violated this policy.

Religious, Racial and Sexual Harassment and Violence Defined

Sexual Harassment-Definition: Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

• Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
• Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
• That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or educational environment.

Sexual harassment may include, but is not limited to:

• Unwelcome verbal harassment or abuse;
• Unwelcome pressure for sexual activity;
• Unwelcome, sexually motivated or inappropriate patting, pinching or physical contact, other than necessary restraint of students by teachers, administrators or other college personnel to avoid physical harm to persons or property;
• Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual's employment or educational status;
• Unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status; or
• Unwelcome behavior or words directed at an individual because of gender.

Racial Harassment - Definition:  Racial harassment consists of physical or verbal conduct relating to an individual's race when the conduct:

• Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
• Has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or otherwise adversely affects an individual's employment or academic opportunities.

Religious Harassment - Definition:  Religious harassment consists of physical or verbal conduct which is related to an individual's religion when the conduct:

• Has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment;
• Has the purpose or effect of substantially or unreasonably interfering with an individual's work or academic performance; or otherwise adversely affects an individual's employment or academic opportunities.

Sexual Violence - Definition:  Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts, or forcing a person to touch any person's intimate parts.  Intimate parts, as defined in MN Statutes Section 609.341, include the primary genital area, groin, inner thigh, buttocks or breast, as well as the clothing covering these areas. 

Sexual violence may include, but is not limited to:

• Touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same sex or the opposite sex. 
• Coercing, forcing or attempting to coerce or force the touching of anyone's intimate parts;
• Coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or
• Threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another.

Racial Violence - Definition:  Racial violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race. 

Religious Violence - Definition:  Religious violence is a physical act of aggression or assault upon another because of, or in a manner reasonably related to, religion.

Assault - Definition:  Assault is:

• An act done with intent to cause fear in another of immediate bodily harm or death;
• The intentional infliction or an attempt to inflict bodily harm upon another; or
• The threat to do bodily harm to another with present ability to carry out the threat.

Reporting Procedures

Informal Process:

Any person who believes he or she has been the victim of religious, racial or sexual harassment or violence by a student, instructor, administrator or other personnel of the college, or any person with knowledge or belief of conduct which may constitute religious, racial or sexual harassment or violence toward a student, instructor, administrator or other personnel of the college should report the alleged acts immediately to the Dean of Student and Administrative Services.  The college official will respect the confidentiality of all parties whenever possible.  (Note:  In some cases, state and federal law requires ICC to file a formal report such as in cases of sexual, racial, or religious violence. 

Within three school days of the initial contact, the college official will meet with the individual discuss concerns and explain various options.  Options could include:

• Empowering activities such as meeting with the alleged harasser(s) alone, meeting with the alleged harasser(s) with the college official, or writing a letter to the alleged harasser(s).
• Changing class schedules;
• Instructor/administrator talking to the alleged harasser(s);
• Formal complaint.

The college official will work with the individual to develop an empowering plan for resolving the conflict.

• Notes of findings and resolution of student concerns will be kept on file by the Dean of Student and Administrative Services and will remain confidential.

Formal Process:  If the informal process is not successful, Itasca has a legal obligation to pursue a formal investigation of the complaint, in which case the following steps will be taken:

• The reporting party (complainant) should complete the form entitled "Religious, Racial or Sexual Harassment and Violence Report Form" which is available from the Dean of Student and Administrative Services in Room 105 of the College Center Building.  However, oral reports shall be considered complaints as well.
• All formal oral or written reports of religious, racial or sexual harassment or violence at the college shall be directed to the Dean of Student and Administrative Services (Human Rights Officer).  Any college personnel who receives a report of religious, racial or sexual harassment or violence shall inform the Dean of Student and Administrative Services immediately.

Investigation

The Dean of Student and Administrative Services, upon receipt of a report or complaint (either oral or written) alleging religious, racial or sexual harassment or violence, shall immediately undertake an investigation of the complaint. If the report was given verbally, the Dean of Student and Administrative Services shall personally reduce it to written form within 24 hours of receiving the verbal report. If the complaint is against the Dean of Student and Administrative Services, the complaint shall be made directly to the College Provost.

The investigation may consist of personal interviews with the complainant, the individual against whom the complaint is filed, and others who may have knowledge of the alleged incident or circumstances giving rise to the complaint.

The college may take immediate steps, at its discretion, to protect the complainant, students, instructors, administrators, or other college personnel pending completion of an investigation of alleged religious, racial or sexual harassment or violence.

The investigation will be completed as soon as practicable. The Dean of Student and Administrative Services shall make a written report to the Dean of Academic Affairs upon completion of the investigation.  If the complaint involves the College Provost, the report shall be filed with the Northeast Higher Education President.  The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy.

College Action

Upon receipt of a report, the college will take appropriate action. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, transfer, remediation, termination or discharge.

Reprisal

The college will discipline or take appropriate action against any student, instructor, administrator or other college personnel who retaliates against any person who reports alleged religious, racial or sexual harassment or violence or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

Right to Alternative Complaint Procedures

These procedures do not deny the right of any individual to pursue other avenues of recourse which may include filing charges with the Attorney General, initiating civil action or seeking redress under state criminal statutes and/or federal law.

Harassment or Violence as Abuse

Under certain circumstances, alleged harassment or violence may also be possible abuse under MN law.  If so, the duties of mandatory reporting under MN Stat. 626.556 may be applicable. Nothing in this policy will prohibit the college from taking immediate action to protect victims of alleged harassment, violence or abuse.

Dissemination of Policy and Training

This policy shall be conspicuously posted throughout the college in areas accessible to students and staff members.

•  This policy shall appear in the student handbook.

• The college will develop a method of discussing this policy with students and employees.

• This policy shall be reviewed at least annually for compliance with state and federal law.

Crime Victims' Rights

As a victim of crime (including sexual, racial and religious harassment and violence), all students and employees have the right to seek and obtain assistance from the Minnesota Crime Victims Reparations Board or the Office of the Minnesota Crime Victims Ombudsman at: 800-247-0390.

All employees and students of Itasca Community College who are the victim of a crime on campus have the right to:

• File criminal charges with local law enforcement officials;
• The prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities;
• An investigation of the complaint by campus disciplinary authorities;
• The complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing and maintaining evidence in connection with the complaint;
• The assistance of campus authorities in preserving for the complainant or victim materials relevant to the campus disciplinary proceeding; and
• The assistance of campus personnel, in cooperation with the appropriate law enforcement authorities, at the victim's request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes, if available and feasible.