3.15 Contents
3.15.0 Equal
Employment and Affirmative Action Policy
It shall be the policy of the Virginia
Community College System to provide equal
opportunity to employees and applicants for
employment without regard to race, color,
religion, national origin, political
affiliation, veteran status, sex, or age.
Further, it shall be the policy of the
Virginia Community College System that no
otherwise qualified person shall, solely by
the reason of disability, be denied access
to, participation in, or the benefits of,
any program or activity operated by the
System. The System shall comply with the
provisions of the Americans with
Disabilities Act, Section 504 of the
Rehabilitation Act of 1973, Executive Order
of the Governor of the Commonwealth of
Virginia and The Virginia Plan for Equal
Opportunity in State Supported Institutions
of Higher Education.
3.15.1 Sexual
Harassment
The VCCS shall not tolerate any verbal or
physical conduct, by any employee, which
constitutes sexual harassment of any other
employee or student as outlined in Part
1604.11, Discrimination Because of Sexual
Harassment, of Title VII, Section 703, of
the Civil Rights Act of 1964, as Amended.
Upon receipt of a complaint of sexual
harassment, the VCCS shall take action
appropriate to the charge presented by the
complainant.
3.15.1.0
Purpose
To state that sexual harassment is
contrary to the policy of the State
Board and to provide avenues
(mechanisms) for reporting and resolving
sexual harassment complaints.
3.15.1.1
Definition
Sexual harassment is defined as
unwelcomed sexual advances, requests for
sexual favors, and/or other verbal or
physical conduct or written
communications of an intimidating,
hostile, or offensive sexual nature,
regardless of where such conduct might
occur, when:
- Submission to such conduct is made
either explicitly or implicitly a term
or condition of an individual's
employment;
- Submission to or rejection of such
conduct by an individual is used as the
basis for decisions such as: employment,
promotion, demotion, transfer, selection
for training, performance evaluation,
etc.; or
c. Such conduct has the purpose or
effect of creating an intimidating,
hostile, or offensive working
environment or substantially interfering
with an employee's work performance.
3.15.1.2
Coverage of Personnel
All employees of the VCCS are covered by
this policy.
3.15.1.3
Procedure
Complaints of unwelcomed sexual advances
or repeated sexual expressions creating
a hostile work environment, or threats
of job penalties in order to gain sexual
favors, and of promises seeking to
induce sexual favors may be raised
through established grievance procedures
or relief may be sought under any
appropriate federal regulation.
As an alternative to filing a formal
grievance a complaint may be discussed
and/or filed in writing with the EEO
Officer of the college or System Office.
An employee also may initiate a
complaint by filing such complaint in
writing directly with the college
president. A written complaint may be
filed directly with the Chancellor if
the complainant is employed in the
System Office or in the event a
president is alleged to have engaged in
sexual harassment in the workplace. The
Chancellor or college president shall
take such action as is appropriate,
including conducting an investigation.
3.15.2 Illegal
Substance Policy
Students or employees of a Virginia
community college shall not possess, sell,
use, manufacture, give away or otherwise
distribute illegal substances including
drugs or, where prohibited, alcohol while on
campus, attending a college sponsored
off-campus event, or while serving as a
representative of the college at off-campus
meetings. Students or employees who violate
this policy shall have college charges
processed against them in the normal manner
of due process provided by college rules.
Further, students or employees who violate
this policy shall have committed a criminal
offense, and the college shall notify the
appropriate agency of the Commonwealth of
Virginia, county or city government for
investigation and, if warranted,
prosecution. Each community college shall
develop more specific procedures and
sanctions in this regard, and these shall be
published.
3.15.3 Substance
Abuse Policy
Each community college shall develop a
substance abuse program according to the
Guidelines for Developing Institutional
Policies (SCHEV 1/9/87). These programs
shall include drug and alcohol education and
substance abuse counseling and referral
services for students and employees.
3.15.4 Sexual
Misconduct Policy
The Virginia Community College System shall
not tolerate sexual misconduct in any form.
Sexual misconduct is a flagrant violation of
the values and behavioral expectations for a
college community and all reported
violations shall be investigated. Sexual
misconduct may be punishable through civil
and criminal proceedings, as well as through
college disciplinary processes. An
educational institution is a community of
trust whose very existence depends on the
recognition of each individual's importance
and value. This trust creates the freedom
for each individual to live, think, act, and
speak without fear of physical harm. Sexual
misconduct shatters the bond of trust within
a college community.
This policy shall apply to all employees and
students of the Virginia Community College
System.
3.15.5 Sexual
Assault
Sexual assault is defined as sexual
intercourse without consent, including rape
(whether by acquaintance or stranger),
sodomy, or other forms of sexual
penetration. To constitute lack of consent,
the acts must be committed either by force,
threat of force, intimidation, or through
use of victim's mental helplessness of which
the accused was aware or should have been
aware. Mental helplessness includes
incapacitation by alcohol or other drugs.
Sexual assault also includes intentionally
touching, either directly or through
clothing, of the victim's genitals, breasts,
thighs, or buttocks without the victim's
consent, as well as touching or fondling of
the accused by the victim when the victim is
forced to do so against his or her will.
Verbal misconduct, without accompanying
physical contact as described above, is not
defined as sexual assault. Verbal misconduct
may constitute sexual harassment, which is
also prohibited under VCCS regulations and
is specifically addressed elsewhere in
VCCS
Policy Manual Section 6.5.5.
3.15.6 Political
Activities and Public Office
The VCCS recognizes and encourages the
exercise of the right of VCCS employees, as
citizens, to engage in political activities
on their own time. Should a faculty member
or staff member campaign for or be elected
to local, state, or federal office, it is
necessary that the individual give
assurances to the president and the
president in turn shall give assurances to
the Chancellor and the State Board that the
individual's duties in the System are being
carried out fully and with no diminution of
effectiveness caused by absences that might
be required as a public official. In
conformance with the foregoing policy, the
following guidelines are set forth:
- Faculty or staff members should, as a
matter of courtesy, notify the president
(or Chancellor) of their intention to
seek public office or to accept an
appointment to public office prior to
the time such information is made public
through notices of the press or other
media.
- Should faculty or staff members be
elected or appointed to local, state, or
national office, their first and primary
responsibility is to their positions
with the institution.
- Should faculty or staff members
choose to seek public office, the
campaigning must be done on their own
time and without taking advantage of any
resources or settings directly involving
the institution. Employees who are
candidates or who promote a public cause
or support a candidate must ensure that
their activities are not subsidized by
public funds.
- When faculty or staff members are
elected or appointed and assignments
conflict with institutional duties,
except for state appointments or offices
which are covered by administrative
leave, the member is required to take
first available annual leave or personal
leave.
3.15.7
Application of Department of Human
Resource Management Policies to Faculty
Title 2.1 Chapter 10, Virginia Personnel
Act, Code of Virginia of 1942 as
contained in the Department of Human
Resource Management Policies and
Procedures Manual shall apply to faculty
unless alternative policies are approved
by the State Board.
|
