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The college affirms a commitment to freedom from discrimination for all members of the college community. The responsibility for, and the protection of, this commitment extends to students, faculty, administration, staff, contractors, and those who develop or participate in college programs. It encompasses every aspect of employment and every student and community activity. The college expressly prohibits discrimination on the basis of race, color, national origin, age, perceived or actual physical or mental disability, pregnancy, genetic information, sex, sexual orientation, gender identity, marital status, creed, religion, honorably discharged veteran or military status, citizenship, immigration status, or use of a trained guide dog or service animal.

Harassment is a form of discrimination. To this end, Clark College has enacted policies prohibiting discrimination against and harassment of members of these protected classes. Any individual found to be in violation of these policies will be subject to disciplinary action up to and including dismissal from the college or from employment. The responsibility for, and the protection of this commitment, extends to students, faculty, administration, staff, contractors, and those who develop or participate in college programs. The college president deates investigation of grievances on the basis of sex , sexual orientation , gender identity , or gender expression to:.

The college president deates investigation of grievances on the basis of any physical , sensory or mental disability , or status as a disabled , or honorably discharged veteran or military status to:. Any employee, applicant, student or visitor of the college may file a complaint.

Complaints may be submitted in writing or verbally. The college encourages the timely reporting of any incidents of discrimination or harassment. For non-student complainants who wish to submit a written complaint, a formal complaint form is available online. Students who wish to submit a written complaint should submit a complaint through the Student Complaint Process. Each party has the responsibility to make certain that the other has consented before engaging in the activity.

For consent to be valid, there must be at the time of the act of sexual intercourse or sexual contact actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact. A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, under the age of 16, asleep or unconscious for any reason, including due to alcohol or other drugs.

An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has engaged in nonconsensual conduct. Petty slights, annoyances, offensive utterances, and isolated incidents unless extremely serious typically do not qualify as harassment. Examples of conduct that could rise to the level of discriminatory harassment include but are not limited to the following:.

This may be accomplished through informal or formal processes, including counseling, mediation, or the formal imposition of discipline sanction. There are two types of sexual harassment. Nonconsensual sexual intercourse, nonconsensual sexual contact, domestic violence, dating violence, and stalking are all types of sexual violence.

Sexual intercourse includes anal or vaginal penetration by a penis, tongue, finger, or object, or oral copulation by mouth to genital contact or genital to mouth contact. Sexual touching includes any bodily contact with the breasts, groin, mouth, or other bodily orifice of another individual, or any other bodily contact in a sexual manner. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Stalking also includes instances where the perpetrator knows or reasonably should know that the person is frightened, intimidated, or harassed, even if the perpetrator lacks such intent. Determinations regarding how to handle requests for confidentiality will be made by the presidential deee. Confidentiality Requests and Sexual Violence Complaints. The presidential deee will inform and obtain consent from the complainant before commencing an investigation into a sexual violence complaint.

If the complainant still insists that his or her name not be disclosed or that the college not investigate, the presidential deee will determine whether the college can honor the request and at the same time maintain a safe and non-discriminatory environment for all members of the college community, including the complainant. Factors to be weighed during this determination may include, but are not limited to:. If the College decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the presidential deee will evaluate whether other measures are available to limit the effects of the harassment and prevent its recurrence and implement such measures if reasonable feasible.

Upon receiving a discrimination complaint, the college shall commence an impartial investigation. The presidential deee shall be responsible for overseeing all investigations. Investigations may be conducted by the presidential deee or his or her deee. If the investigation is ased to someone other than the presidential deee, the presidential deee shall inform the complainant and respondent s of the appointment of an investigator.

Complaints shall be thoroughly and impartially investigated. The investigation shall include, but is not limited to, interviewing the complainant and the respondent, relevant witnesses, and reviewing relevant documents. The investigation shall be concluded within a reasonable time, normally sixty days barring exigent circumstances. At the conclusion of the investigation the investigator shall set forth his or her findings and recommendations in writing. If the investigator is a deee, the investigator shall send a copy of the findings and recommendations to the presidential deee.

The presidential deee shall consider the findings and recommendations and determine, based on a preponderance of the evidence, whether a violation of the discrimination and harassment policy occurred; and if so, what steps will be taken to resolve the complaint, remedy the effects on any victim s , and prevent its recurrence. Referrals for disciplinary action will be consistent with the student conduct code or college employment policies and collective bargaining agreements. The presidential deee will provide each party and the appropriate student services administrator or appointing authority with written notice of the investigative findings and of actions taken or recommended to resolve the complaint, subject to the following limitations.

The complainant shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint, if any, only to the extent that such findings, actions or recommendations directly relate to the complainant, such as a finding that the complaint is or is not meritorious or a recommendation that the accused not contact the complainant.

The complainant may be notified generally that the matter has been referred for disciplinary action. The respondent shall be informed in writing of the findings and of actions taken or recommended to resolve the complaint and shall be notified of referrals for disciplinary action.

Both the complainant and the respondent are entitled to review any final findings, conclusions, and recommendations, subject to any FERPA confidentiality requirements. Informal dispute resolution processes, like mediation, may be used to resolve complaints, when appropriate. Informal dispute resolution shall not be used to resolve sexual discrimination complaints without written permission from both the complainant and the respondent. If the parties elect to mediate a dispute, either party shall be free to discontinue mediation at any time. In no event shall mediation be used to resolve complaints involving allegations of sexual violence.

Either the complainant or the respondent may seek reconsideration of the decision by the presidential deee. Requests for reconsideration shall be submitted in writing to the presidential deee within seven days of receiving the decision. Requests must specify which portion of the decision should be reconsidered and the basis for reconsideration. If no request for reconsideration is received within seven days, the decision becomes final.

If a request for reconsideration is received, the presidential deee shall respond within seven days. The presidential deee shall either deny the request or, if the presidential deee determines that the request for reconsideration has merit, issue an amended decision. Any amended decision is final and not further reconsideration is available. Any person who believes he or she has been subjected to discrimination in violation of college policy will be provided a copy of these policies and procedures.

Nothing in this procedure shall prevent the college president or deee from taking immediate disciplinary action in accordance with Clark College policies and procedures, and federal, state, and municipal rules and regulations. Retaliation by, for or against any participant including complainant, respondent, witness, presidential deee, or investigator is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation or any resulting disciplinary proceedings is prohibited and is conduct subject to discipline.

Discriminatory or harassing conduct may also be, or occur in conjunction with, criminal conduct. Criminal complaints may be filed with the following law enforcement authorities:. Vancouver Police Department E. Evergreen Blvd. Vancouver, WA vanpd cityofvancouver. Box Vancouver WA Main phone: sheriff clark. The college will proceed with an investigation of harassment and discrimination complaints regardless of whether the underlying conduct is subject to civil or criminal prosecution. Washington State Human Rights Commission.

Equal Employment Opportunity Commission. Home . Grievance procedure 1 Introduction. Will make determinations regarding how to handle requests by complainants for confidentiality. Will keep accurate records of all complaints and referrals for the required time period. May conduct investigations or delegate and oversee investigations conducted by a deee.

May impose interim remedial measures to protect parties during investigations of discrimination or harassment. Will issue written findings and recommendations upon completion of an investigation. May recommend specific corrective measures to stop, remediate, and prevent the recurrence of inappropriate conduct. Examples of conduct that may qualify as sexual harassment include: Persistent comments or questions of a sexual nature. A supervisor who gives an employee a raise in exchange for submitting to sexual advances. An instructor who promises a student a better grade in exchange for sexual favors.

Sexually explicit statements, questions, jokes, or anecdotes. Persistent, unwanted attempts to change a professional relationship to an amorous relationship. Direct or indirect propositions for sexual activity. Unwelcome letters, s, texts, telephone calls, or other communications referring to or depicting sexual activities.

Factors to be weighed during this determination may include, but are not limited to: The seriousness of the alleged sexual violence; The age of the complainant; Whether the sexual violence was perpetrated with a weapon; Whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints; Whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and Whether relevant evidence can be obtained through other means e.

Criminal complaints may be filed with the following law enforcement authorities: Vancouver Police Department E.

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