Staff Policy D-602.03
Institutional Effectiveness Criterion: Champion

Harassment - Students

1. Gender Harassment
   Gender harassment is defined to include, among other conduct, communications, threats, insinuations, innuendo, sexist comments or slurs, gender-degrading jokes or humor, offensive stereotype characterizations, or other offensive or insulting conduct based on gender.
2. Racial/Ethnic/Religious Harassment
   Racial/ethnic/religious harassment is prohibited and is defined to include, among other conduct, communications, threats, insinuations, innuendo, racial, ethnic, or religious slurs, demeaning jokes or humor, offensive stereotype characterizations, or other offensive statements or conduct based upon race, religion, ethnicity directed at an individual or a racial, ethnic, or religious class or group.  The terms "ethnic" and "ethnicity" are broadly defined to include any reference to a person's national origin, ancestry, or relations through blood or marriage.
3. Personal and Other Kinds of Harassment
   Harassment based upon any status or class protected by law is prohibited, including, but not limited to harassment based on age, disability, past or present medical condition, pregnancy, height, weight, student status, veteran/military status, and marital status.  Harassment based on sexual orientation is also prohibited.  Prohibited conduct includes, but is not limited to, offensive communications, verbal abuse, threats, insinuations, innuendo, slurs, jokes or humor or other conduct based upon a person's status or class that is protected by law or directed at an individual or members of such status or class.
4. Duty to Report Harassment
   1. Students who experience harassment, as defined in this policy, shall immediately report such harassment to the respective Academic Chair for that area or the Dean for Enrollment Management and Student Services.
   2. All students who witness violations or suspected violations of this harassment policy shall report such to the Dean for Enrollment Management and Student Services.
   3. Although students are obligated to report violations of this policy to NMC, students are not prevented or discouraged from reporting harassment or alleged harassment to law enforcement agencies where criminal conduct appears to be involved.
5. Investigation of Harassment Complaints
   Upon receipt of any report or complaint of alleged harassment, NMC will promptly investigate using NMC’s Discrimination and Harassment Complaint Procedure D-702.01.  NMC will take reasonable measures to treat complaints discreetly and respect the personal privacy rights of the person making the complaint and any accused party.  However, confidentiality cannot be guaranteed.  For example, it may be necessary to notify the alleged perpetrator and potential witnesses of the facts relative to the alleged harassment and to also disclose the facts to comply with state and federal law and any relevant collective bargaining agreements or individual contracts of employment.  Upon conclusion of the investigation, appropriate action will be taken.
6. Retaliation Protection
   No retaliation or reprisals shall be taken against any individual because he or she has filed a harassment complaint or report, participated in a harassment investigation, or otherwise opposed unlawful harassment.  No employee shall be disciplined because he or she reports in good faith or complains about harassment act(s) that are not substantiated.
7. Sanctions and Penalties
   1. Appropriate disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken against any individual who violates this policy:
      1. Discipline imposed upon students for violation of this policy may include suspension or expulsion, depending on the nature and severity of the offense.  Harassment under this policy may also be regarded and punished as a violation of other rules of student conduct prohibiting assault, battery, threats, fighting, intimidation, and/or other misconduct.
      2. When appropriate, referral for criminal investigation and prosecution will be made.
   2. Where harassment complaints are substantiated, the victim will be informed that remedial measures will be taken to reduce the likelihood of recurrence.  The victim may not be apprised of the specific counseling or discipline imposed upon individuals found responsible for the harassment due to various privacy and legal concerns.
8. Legal Intent
   This policy is intended to provide a framework supportive of and consistent with applicable local, state, and federal laws and ordinances.  It is not intended nor does it result in any special rights or contractual rights beyond those established by applicable local, state, and federal laws and ordinances.  Anyone who believes that he or she has been subjected to harassment should make this known to the appropriate college officials so that the behavior can be evaluated and, if the allegation is substantiated, appropriate action can be taken.  College officials who do not respond to such complaints brought to their attention will be in violation of this policy.

The Dean for Enrollment Management and Student Services is responsible for developing procedures to handle complaints of sexual harassment from students.  The Dean for Enrollment Management and Student Services, in cooperation with the Director of Human Resources, is responsible for developing procedures to handle complaints of sexual harassment from student employees.  See Discrimination and Harassment Complaint Procedure D-702.01.

If any provision(s) of this policy or set of bylaws conflicts with laws applicable to Northwestern Michigan College, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provision(s).