Prohibition of Sexual Harassment, Sexual Discrimination, Sexual Violence, and Gender-Based Discrimination (Board Policy 5.3.1)
Employees and students are prohibited from sexually harassing other employees or students.
It is the policy of Richland Community College to provide an educational and employment environment free from all forms of Sexual Discrimination of employees, students, and other individuals at any College facilities or in connection with any College activities. Retaliation for making a good faith complaint of sexual discrimination or for participating in a sexual discrimination investigation is also prohibited. Through this policy, the Board of Trustees complies with the Elementary and Secondary Schools Act of 1972 (Title IX) and the Illinois Compiled Statute 155, Preventing Sexual Violence in Higher Education Act.
Upon notification of a violation, the College will respond to the report with information and a list of available resources within 12 hours.
External complaints shall be filed with the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, and the Office of Civil Rights of the United States Department of Education.
Richland provides a number of definitions based on statutes or existing law. They include the following:
Sexual Discrimination: Discrimination on the basis of sex, sexual orientation or gender-related identity. Sexual discrimination includes sexual harassment, sexual misconduct, and sexual violence.
Sexual Harassment: Unwelcome conduct of a sexual nature which denies or limits, on the basis of sex, gender identity or sexual orientation, a student’s ability to participate in or to receive benefits, services, or opportunities in the College’s programs or activities. Sexual harassment includes any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when
- submission to such conduct is made, either explicitly or implicitly, a term or condition of employment or education, or
- submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual, or
- such conduct has the purpose or effect of substantially interfering with a reasonable individual’s work or learning performance or creating an intimidating, hostile, or offensive working or learning environment.
Sexual Misconduct: Includes dating violence, domestic violence, sexual assault, sexual exploitation, sexual violence, and sexually based stalking.
Sexual Violence: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, due to the person’s age, use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent. Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Domestic Violence: A violent misdemeanor or felony committed by the victim’s current or former spouse or intimate partner, current or former cohabitant, or by a person with whom the victim shares a child in common.
Dating Violence: Violence committed by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
Gender-Based Discrimination: Discrimination based on a person’s gender or sex, including identity, transgender or sexual orientation.
Stalking: A course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
Consent: At a minimum, recognizes that (i) consent is a freely given agreement to sexual activity, (ii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iii) a person's manner of dress does not constitute consent, (iv) a person's consent to past sexual activity does not constitute consent to future sexual activity, (v) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another, (vi) a person can withdraw consent at any time, and (vii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
- The person is incapacitated due to the use of influence of alcohol or drugs;
- The person is asleep or unconscious;
- The person is under age; or
- The person is incapacitated due to mental disability.
Confidential advisor: a person who is employed or contracted by the College to provide emergency and ongoing support to student survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the ILCS 155 Act.
This policy applies to all Richland staff, students, and third-party vendors. Several methods of reporting violations are available; the College’s Title IX Coordinator shall serve as the first contact for filing a complaint; a complainant may directly contact the Coordinator, or fill out the Title IX Complaint Form available on the Richland website. Violations may also be reported to campus security, Human Resources, or any responsible College employee who is then mandated to report to the Title IX Coordinator. Options are also available for students to report anonymously a violation and/or confidentially report a violation through several selected “Confidential Advisors.”
Prohibition of Other Forms of Harassment
“Harassment” is also defined as conduct that has a purpose or effect of substantially interfering with a reasonable individual’s work or learning performance or creating an intimidating, hostile, or offensive working or learning environment when such conduct is directed at an individual because of race, national origin, disability, age, religion, sexual orientation, or any legally protected classification.
Harassment prohibited by this policy includes both verbal and physical conduct. The College will not tolerate conduct in any form that is intended to cause or contribute or has the effect of causing or contributing to the humiliation, embarrassment or discomfort of reasonable employees or students because of their protected status.
Harassment does not include oral or written expressions that are academic in nature and purpose or that are relevant and appropriately related to course subject matter or curriculum. This policy shall not be used to abridge academic freedom or to interfere with the College’s educational mission.
Individuals who believe they have been subjected to harassment are encouraged to take advantage of the College’s complaint procedure.
If a student has a complaint about sexual harassment, sexual discrimination, sexual violence or gender-based discrimination, she or he should submit that complaint to the College’s Title IX Coordinator.
If a student has a complaint about other types of discrimination and /or harassment as defined in this policy, the student should submit that complaint to the Director of Human Resources.
If an employee has a complaint about sexual harassment, sexual discrimination, sexual violence, gender-based discrimination, or other harassment, that person should submit the complaint to the Director of Human Resources.
If the student or employee is not comfortable making the complaint to the designated individual, the complaint may be made to any Human Resources representative or to any College Vice President.
Any employee who believes this policy has been violated has an obligation to report it immediately to one of the College representatives listed above.