2006-2007- Volume 81, No. 1

1. POLICY:
   Harassment constitutes discrimination on the basis of race, color, religion, sex, age, national origin, marital status or disability and is a violation of this Rule. The College shall not tolerate such conduct. Any employee or student who is found to have violated this Rule shall be disciplined and such discipline shall range from one or more of the following: counseling, attendance at a sexual harassment seminar, written admonishment, suspension or dismissal.
   A. St. Petersburg College maintains a professional work and academic environment wherein all students, staff, faculty and other members of the Collegiate Community are treated with respect and dignity. The goal of the college is to provide an academic and institutional climate that is free of harassment.
   B. Forms of harassment that are encompassed by this procedure include harassment based on race, color, religion, sex, age, national origin, marital status or disability.
   C. Harassment is specifically prohibited by state and federal law. Instances of harassment may result in both civil and criminal liability on the part of the individual harasser, as well as the supervisor and the College. The College will not tolerate prohibited harassment of its students and employees on the campus or at off campus events or programs held under the auspices of the College.



2. DEFINITIONS:
   A. Racial harassment is defined as unwelcome conduct relating to an individual’s race or color, which unreasonably interferes with an employee’s or student’s status or performance by creating an intimidating, hostile or offensive working environment. Harassment on the basis of race or color includes offensive or demeaning treatment of an individual, where such treatment is based typically on prejudiced stereotypes of a group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, racial slurs, comments or manner of speaking, negative references to racial customs or other intimidating or insulting conduct directed against the individual because his/her race or color.
   B. Religious harassment consists of unwelcome physical or verbal conduct, which is related to an individual’s religion or creed when the conduct has the effect of creating an intimidating hostile or offensive working or academic environment. Harassment on the basis of religion includes derogatory comments regarding surnames, religious traditions, religious clothing, or religious slurs or graffiti.
   C. Sexual harassment – see Board of Trustees’ Rule
   6Hx23-2.011.
   D. Age harassment consists of depriving an individual of terms, conditions, privileges of employment and other opportunities or taking adverse action against an individual because of his/her age.
   E. National origin harassment consists of unwelcome physical or verbal conduct, which is related to an individual’s national origin when the conduct has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment. Harassment on the basis of national origin includes negative comments regarding surnames, manner of speaking, custom, language or ethnic slurs.
   F. Marital status harassment consists of limiting, segregating or classifying an individual in such a way as to deprive an individual of educational o employment opportunities or otherwise adversely affect an individual because of his/her marital status. This definition does not apply where there is a conflict of interest or where it would be contrary to other law.
   G. Disability harassment consists of unwelcome physical or verbal conduct relating to an individual’s disability when the conduct has the purpose or effect of creating an intimidating, hostile or offensive working or academic environment.
   
   
3. STUDENT RELATIONSHIPS:
   The student-student relationship, the student-instructor relationship and the student-staff relationship should at all times be respectful of the rights of others. Conduct by a student which creates an intimidating, hostile or offensive environment violates the College’s Harassment Rule and may be subject to discipline. For this purpose, staff not only includes College Staff, but all employees of clinics and agencies affiliated with a College clinical program or course.
   


4. INSTRUCTOR/STAFF-STUDENT RELATIONSHIPS:
   In this section, the term “staff” shall include all College employees other than faculty/instructors.
   A. In the instructor/staff-student context, the term harassment also has a broader impact. Since the instructor/ staff-student relationship is one of professional and client, inappropriate behavior is unacceptable because it is a form of unprofessional behavior that seriously undermines the atmosphere of trust essential to the academic setting and is subject to discipline.
   B. This Rule applies to relationships where the instructor or staff member is in a position to determine a student’s grade or otherwise affect a student’ s academic progress environment.
   C. This Rule is not intended to apply when an instructor is teaching in the classroom when the subject matter taught or discussed is done in a tasteful manner and is germane to the course being taught. Nevertheless, the instructor/staff-student relationship should at all times be professional and any conduct by an instructor or staff member which unnecessarily or unreasonably creates an intimidating, hostile or offensive academic environment in violation of the rights of others is in appropriate and unacceptable and is subject to discipline.


RETALIATION:
It is a violation of this Rule to retaliate or to take reprisal against any person who has filed a complaint or who has complained about harassment based on the fact that the employee or student raised an issue about harassment to any other person, entity or human rights agency. It is also a violation of this Rule to retaliate against any person involved in the investigation (including witnesses) of a complaint. If any reprisals or retaliatory actions occur, they should be reported immediately. Any such reports will be investigated by the college attorney or designee. Reprisals and retaliatory actions will be dealt with through appropriate disciplinary action and steps will be taken to prevent the recurrence of harassment, reprisal, and/or retaliation.


6. REPORTING, INVESTIGATION AND RESOLUTION:
   Students and employees are responsible for promptly reporting harassment. The College has established the following procedure for reporting, investigating and resolving complaints of harassment and retaliation.

A. DUTY TO REPORT:
1. Complaints of harassment by students or employees are to be promptly reported to individuals designated by the President and published at the beginning of Term I of each year in the College’s annual Supplement to the Faculty, Staff and Student Handbooks or such other publications as the President may determine. The complaint may be reported to any one of the individuals designated, regardless of what site the reporting person is associated with. The individual receiving the complaint shall promptly notify the college attorney.
2. Supervisors are to promptly report any conduct that may appear to involve harassment as provided herein.
3. Alternatively, complaints may be reported to the director of Equal Access/Equal Opportunity.
B. INVESTIGATION:
Upon receipt of a complaint, the college attorney will have the responsibility for and will direct each investigation of harassment. In directing the investigation, the college attorney may designate other persons to conduct and aid in the investigation. Upon completion of the investigation, the results of the investigation will be submitted to the President or designee for determination of what action, if any, is appropriate. The complaining party will be advised of the results of the investigation.
C. RESOULTION OF A COMPLAINT:
Resolution of a complaint may be accomplished in various ways. The complaint may be resolved by intervention; corrective action being taken by appropriate managers, the President or designee; or by official disciplinary procedures.
D. DISCRIMINATION GRIEVANCE:
The victim of the harassment may also bring a discrimination grievance, which shall be processed in accordance with Rule 6Hx23-1.34.


7. FALSE COMPLAINTS:
   Any person who knowingly files a false complaint of harassment or retaliation against another shall be subject to disciplinary action, up to and including dismissal.


8. DISCIPLINE/PROCEDURE:
   Remedial or disciplinary action will depend on the nature of the incident, but such discipline shall range from one or more of the following: counseling, attendance at a harassment seminar, written admonishment, suspension or dismissal.
   A. Career service employees may be subject to disciplinary action as provided for in the Career Service Manual, Board of Trustees’ Disciplinary Rule 6Hx23- 2.19 relating to career service employees and/or Sections 120.569 and 120.57 of the Florida Statutes.
   B. Administrative staff and faculty members may be subject to disciplinary action as provided Rules 6A- 14.0411(4) and/or 6A-14.0411(6), F.A.C.
   C. All instructors who violate this policy with a student presently enrolled in his/her class will be subject to discipline, up to and including dismissal, pursuant to Rules 6A-14.0411(4) and/or 6A-14.0411(6), F.A.C. D. Students may be subject to disciplinary action as provided for in Board of Trustees’ Rule 6Hx23-4.35. X. REPORT OF ACTION TAKEN: The College shall report, to the person making the complaint, the action taken by the College regarding any harassment, reprisal, retaliation or any reoccurrence thereof.


9. REPORT OF ACTION TAKEN: The College shall report, to the person making the complaint, the action taken by the College regarding any harassment, reprisal, retaliation or any reoccurance thereof.


10. CONFIDENTIALITY/PUBLIC RECORDS: Subject to certain statutory exemptions, College employee records are generally by law subject to public disclosure upon request of a member of the public under Chapter 119 of the Florida Statutes. Records are provided only upon an appropriate request. Student identifiable records are generally protected by Florida Statutes and the Family Education Rights and Privacy Act.


11. PUBLICATION: The College shall publish and make available to all students and employees its Harassment Rule or pertinent parts thereof and examples of harassment, which are, prohibited conduct.

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Last revised Jun 21 2006
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