Sexual Harassment
It is the policy of The San Jacinto College District to provide an educational, employment and business environment free of sexual harassment. Sexual harassment is a form of sex discrimination, which is not tolerated by the District. The college has implemented a specific procedure to review and resolve complaints of sexual harassment by either informal resolution or formal grievance, by any member of the college community, including personnel, staff or students. Each supervisor has the responsibility to maintain a workplace free of sexual harassment. This responsibility includes discussing this policy with all employees and assuring them that they are not to endure insulting, degrading or exploitative sexual treatment. Any employee who believes he or she may be a victim of sexual harassment should contact the Vice Chancellor of Human Resources at (281) 998-6115. All persons involved in an inquiry (such as the accused, accuser, witness or investigator) have a duty to keep all information confidential. Persons who knowingly violate the confidentiality rights of other individuals may be subject to disciplinary action.

Dispute Resolution

Any member of The San Jacinto College District community alleging that he or she has been subjected to sexual harassment may seek redress of his/her complaint. The complaint may be processed informally, through the mediation efforts of designated officers of the college, or formally, through an established procedure.

While informal resolution of the conflict is always open to the aggrieved party, informal resolution is not a prerequisite to filing a formal grievance.

At all times during this procedure, all persons involved in an investigation (such as the accused, accuser, witness, or investigator) have a duty to keep all information confidential. Persons who knowingly violate the confidentiality rights of other individuals may be subject to disciplinary action.

Informal Resolution

Any person who feels he/she is a victim of sexual harassment may attempt to resolve the matter informally by bringing the complaint to the Vice Chancellor of Human Resources (if an employee) or the Vice President of Student Services (if a student). Informal resolution is not a prerequisite to filing a formal complaint.

Procedure

Upon receipt of a sexual harassment complaint, the Vice Chancellor of Human Resources or Vice President of Student Services has the following responsibilities:

  1. Inform the complainant of the availability of formal recourse, should that be necessary (see formal procedures described below); and
  2. Undertake, with permission of the complainant, to resolve the conflict informally, by informing the alleged offender of the complaint, seeking to find out the facts, and, if both parties desire it, arranging a meeting to try to resolve the differences.
  3. In the event that an informal resolution of the problem is attempted, but is unsuccessful, or if the complainant deems that the informal resolution is undesirable, the Vice Chancellor of Human Resources or Vice President of Student Services would then assist the complainant in referring the matter to the Affirmation Action Officer for institution of the formal complaint.

Formal Complaint Procedure

Responsible Parties:In the event that a member of the San Jacinto College community wishes to lodge a formal complaint against another member of the community, he/she should address it to the Affirmative Action Officer:

  1. If the alleged offender is a student, the complainant must deliver one copy of the complaint to the Vice President of Student Services and one copy to the Affirmative Action Officer;
  2. If the alleged offender is a faculty member, a non-faculty employee, supervisor, or administrator, the complainant must deliver one copy of the complaint to the Vice Chancellor of Human Resources and one copy to the Affirmative Action Officer.
  3. Initiation of Complaint:A formal complaint should be made in writing by the complainant on the form approved by the college, addressed to the above-mentioned college officers, stating in detail the nature of the complaint, any relevant dates, and the names of any potential witnesses.
Investigation

The officers receiving the complaint should promptly (within 5 working days) initiate an investigation to determine whether there is a reasonable basis for the allegations. At a minimum, this investigation should consist of interviewing the complainant, the alleged offender, and any witnesses and obtaining any physical evidence of harassment, such as letters or photographs.

At the end of the investigation, the Affirmative Action Officer must file a written report with the President of the affected campus if the parties are below the rank and under the authority of a President or the Chancellor if above the rank of President or under the authority of some district office. The President or Chancellor, as the case may be, will implement one of the following actions:

  1. Conclude the complaint is without merit and that no further action is warranted; or
  2. Attempt to bring about a negotiated settlement and remedy (e.g.; transfer or reassignment, suspension with or without pay, written warning or reprimand); or
  3. Initiate disciplinary/dismissal action against the alleged offender as allowed by the policies of The San Jacinto College District.
  4. The Affirmative Action Officer shall provide copies of his or her report to the complainant and the accused.
  5. The complainant, if dissatisfied with the conclusion of the Affirmative Action Officer, may request a formal hearing.
Procedures for Official Disposition of Case

If, after investigation, the Affirmative Action Officer concludes that official proceedings are necessary, or if the complainant requests further proceedings under III (C) (3.), the college's grievance and disciplinary procedures shall be used when appropriate.

  1. If the alleged offender is a student, the procedure set forth in The SAN JACINTO COLLEGE DISTRICT STUDENT HANDBOOK will be followed;

  2. If the alleged offender is a faculty member, non-faculty employee, supervisor or a member of the administration, the procedure set forth in the Board of Trustees Policy IV-J "Policy on Employee Grievance Procedures" shall be followed with the following amendment:

Whereas the "Policy on Employee Grievance Procedures" calls for systematic series of hearings throughout the chain of command, in the case of sexual harassment, the Grievance Committee (described in the Grievance Procedure of the BOARD OF TRUSTEES POLICY MANUAL) shall have original jurisdiction after a referral from the responsible college officer. The committee will evaluate the complaint and will recommend disciplinary action when necessary. Final decision as to the validity of the complaint and disciplinary action lies with the Chancellor of The San Jacinto College District.

All other aspects of the grievance procedure not specifically mentioned in this policy shall be carried out in accordance with established college policy.

In case of any formal proceedings, against either a student accused of violating the Student Discipline Code or an employee brought before a grievance committee proceeding, the standard penalties specified in the BOARD OF TRUSTEES POLICY MANUAL shall be enforced. The Chancellor may also either, in lieu of, or in addition to the other sanctions, require the offender to attend a college sponsored seminar/program on the problems of sexual harassment.

All proceedings and records shall be confidential to the extent permitted by law.

No student or employee shall be subjected to any retaliation, demotion, or involuntary reassignment as a result of filing a good-faith grievance for sexual harassment. Any member of the college community who retaliates against either an individual who initiates a sexual harassment complaint or a participant in an investigation of such a complaint may be subject to disciplinary action.

Any sexual harassment complaint against the Chancellor or Executive Vice Chancellor shall be presented to the Board of Trustees in writing. Within thirty (30) days of receiving the complaint the Board or its designee, shall take any necessary actions to investigate the complaint and impose an appropriate remedy, if necessary.

(Re: Policy IV-B-3; Board of Trustees Policy Manual)