Nonharassment Policy

Jump to: Definition of Harassment | Nonretaliation Statement | Complaint Procedure

The College’s goal is to provide an atmosphere that encourages individuals to realize their potential. Therefore, it is against the College’s policy for any manager, supervisor, faculty, staff, or student to engage in harassment or discrimination of any member of the College community.

Portland Community College does not tolerate unlawful discrimination based on race, color, religion, ethnicity, use of native language, national origin, sex, marital status, height/weight ratio, disability, veteran status, age, or sexual orientation in any area, activity or operation of the District. In addition, the college complies with the Civil Rights Act of 1964 (as amended), related Executive Orders 11246 and 11375, Title IX of the Education Amendments Act of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, USERRA – Uniformed Services Employment and Reemployment Rights Act, and all civil rights laws of the City of Portland and the State of Oregon. Accordingly, equal opportunity for employment, admission, and participation in the college’s benefit and services shall be extended to all persons, and the college shall promote equal opportunity and treatment through a positive and continuing affirmative action plan.

The prohibition against harassment or discrimination based on the use of native language does not require the College to offer classes in any other language other than English. Under the College’s policy harassing or discriminatory behaviors will not be tolerated. Therefore, it is the responsibility of every member of the College community to strictly comply with the policy and procedures directed by the District President to implement the policy.

This includes notifying each employee/student of his or her rights and responsibilities under PCC’s Non-harassment Policy. Management and staff will be held accountable for taking reasonable action to maintain work sections and educational environments free of conduct that causes, or reasonably could be considered to cause, intimidation, hostility, or discrimination.

Any person who believes he or she has been discriminated against or harassed by a College employee, representative or student is encouraged to file a complaint through the Affirmative Action Office. Non-affirmative action complaints are to be filed in accordance with the appropriate collective bargaining unit, if any, or through the student grievance procedure, or, the procedure in the Management/Confidential Handbook.

At any point in the procedure, the complainant may file a complaint with (1) the Equal Employment Opportunity Commission (EEOC); (2) the Oregon Bureau of Labor and Industries Civil Rights Division; or (3) the U.S. Department of Education, Region X. If the complainant chooses to file through any of these agencies or in court, the internal complaint procedure will be stopped.

The District President will establish procedures that implement this Policy consistently across the District.

Definition of Harassment

Harassment: verbal, visual or physical behavior that:

can reasonably be perceived by the receiver(s) as unwelcome/offensive and refers in a demeaning way to characteristics of any of the groups listed in the policy statement above; and
creates a hostile or adverse work/educational environment; and
subjects employees or students to different terms or conditions based on the characteristics listed in the policy statement. Examples of harassment may include, but are not limited to: comments, slurs, jokes, symbols, innuendos, cartoons, pranks, physical harassment, etc., which are derogatory on the basis of characteristics listed in the policy statement.

The most common types of harassment are defined below.

Sexual Harassment: Sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. The courts have interpreted the principles reflected in the EEOC guidelines as describing two principle types of sexual harassment:
1. QUID PRO QUO cases: harassment used as a term or condition of employment. It occurs when specific academic or employment benefits are withheld as a means of coercing sexual favors. This type of harassment occurs when the party in the superior position of power uses his or her actual or apparent authority to hire, fire, discipline, or promote.
2. WORKING CONDITIONS cases: harassment that creates a "poisoned" or "hostile" work environment. In typical "working conditions" cases, a superior either creates or condones a work environment in which sexual harassment exists. A hostile environment can be caused by sexually demeaning jokes or remarks.
Sex-Based Harassment: a behavior that degrades, denigrates, ridicules, and/or is physically abusive of an employee/student because of his or her perceived gender or sexual orientation.
Racial Harassment: a behavior that denigrates, ridicules, and or is verbally or is physically abusive of an employee/student because of his or her perceived race.
Harassment Based on National Origin: a behavior that denigrates, ridicules, and/or is physically abusive of an employee/student because of his or her perceived ancestry, heritage or background identification.

Nonretaliation Statement

No employee or student shall be fired, expelled, suspended or otherwise harassed or discriminated against because he or she has filed a complaint, internally or externally, or has objected to, or testified about a possible violation of the law and/or PCC policy.

Complaint Procedure

There is both an informal and formal complaint procedure. Normally the informal process is followed before any formal process begins unless the Affirmative Action Director decides it is more appropriate to go to the formal process.

The Affirmative Action Office may request assistance from a member of the Affirmative Action committee to help with the process.

The Affirmative Action Office, at its discretion, may enlist any help it chooses to resolve a complaint on an internal basis.

Any individual may initiate a discrimination or harassment complaint by contacting the Affirmative Action Office. The allegations will be examined for Affirmative Action/ Equal Employment Opportunity merit. A record will be kept of the complaint or incident for the time period required by law.

If any of the College's representatives typically involved in processing a Nonharassment Policy complaint become the subject of the complaint, the following guidelines will be followed:

If the President is the subject of allegations of harassment or discrimination the complaint will go directly to the Chair of the Board of the College.

If the Affirmative Action Director or any member of the Affirmative Action staff is the subject of allegations of harassment or discrimination the complaint will go directly to the President.

If the complaint is against the Board of Directors, the complaint falls outside the scope of this document and should be filed with the State of Oregon Affirmative Action Director.

Step I: Informal Complaint Procedure

The informal procedure attempts to resolve the complaint through personal and cooperative meetings with the involved parties. If informal means do not resolve the complaint, the complainant has the option of filing a formal complaint.

Complaints within the scope of the Nonharassment Policy must be addressed to the Affirmative Action office either orally or in writing.
Complaints must be made within a maximum of 180 days after a disputed action.
After receiving an informal complaint, the Affirmative Action Officer may designate someone who will:
1. Meet with the complainant and determine the nature of the complaint.
2. Explain the informal complaint procedure, develop an action plan, and inform the complainant of available outside agencies.
3. Attempt to resolve the complaint by meeting with the complainant, accused, College officials, and anyone else involved. These meetings will be informal, and unless both agree in writing, neither the complainant nor the College will be represented by an attorney.

Step II: Formal Complaint Procedure

If the complaint is not resolved informally the Affirmative Action Director will inform the complainant of their right to file a formal complaint. If the complainant wants to file a formal complaint he or she will be asked to prepare a written statement, using appropriate forms, on the basis of the claim and a summary of the facts which are alleged to constitute discrimination or harassment. Employees may have the right to file a grievance with their appropriate collective bargaining unit at this time instead of through the College's Nonharassment Policy.
The AFFIRMATIVE ACTION Director will meet with the complainant to determine the specifics of the complaint. The Director will determine whether the complaint has basis under the Nonharassment policy.

If the Director determines that the complaint has no basis under the Nonharassment Policy, the investigation will not proceed. The Director will discuss any options with the complainant.
1. If the complaint alleges behavior that is prohibited by the Nonharassment Policy, the Affirmative Action Office shall notify the person against whom the complaint has been made, appropriate management and the direct supervisor.
2. Prior to meeting with the person against whom the complaint has been made a summary outlining the specifics of the complaint will be given to the accused. The Affirmative Action Office designee, shall objectively investigate the allegations, interview witnesses (stating to witnesses who filed a complaint against whom) and review any supporting documentation. All parties involved have the right to have another person present as a witness during interviews.
Complainants and respondents are expected to fully cooperate with any investigation in a timely manner. If the complainant refuses to cooperate, the complaint will be deemed withdrawn. If the respondent refuses to cooperate, it will be considered a violation of College policy.
The Director will consult Human Resources before completion of the final report.
After completing the investigation, the Affirmative Action Investigator shall prepare a draft report to be discussed with the appropriate manager and the direct supervisor, describing the complaint, the results of the investigation, and the suggested remedy, if any. The final report will be submitted to the President, the Executive Officer, appropriate management, the Human Resource Department and the Affirmative Action Office, with a summary sent to the involved parties. In exceptional situations, an abbreviated report may be sent. This will occur only when College officials in direct consultation and approval of the Affirmative Action Director deem it necessary to protect the witnesses. In every case, the parties will get the conclusions of the investigation.
The Affirmative Action office shall complete the investigation and the report within forty-five (45) College business days of the receipt of the complaint. If circumstances warrant an extension of the forty five (45) day deadline the complainant and the respondent will be notified.

In cases where allegations are proved to be without foundation, no record of the allegations or the investigation would be included in the personnel file of the accused.

Step III: Decision by the Appropriate Executive Officer

Step III only comes into effect in the event that the investigator concludes that the allegations are substantiated. Within fourteen (14) College business days of receipt of the written report, the appropriate Executive Officer will offer to meet with those involved and if appropriate, attempt to resolve the issues. The complainant may decline to meet with the appropriate Executive Officer. In that case, the Executive Officer will proceed to the next step in Step III.
The appropriate Executive Officer shall issue a written decision. If appropriate, the decision should contain an outline of the actions proposed to remedy the situation.
The written decision will be sent to the President, Affirmative Action Director and the Human Resources Director. Executive staff will try to personally communicate to the complainant and the respondent within ten (10) College business days of the meeting with the complainant or of the complainant's refusal to meet.

Step IV: Appeal to the President

Only procedural violations may be appealed to the President. This appeal must be made within fourteen (14) College business days of receipt of the summary report, or if there is a finding, of the Executive Officer s decision. This appeal must allege a procedural violation. It is the President's responsibility to make sure that the process was followed and the investigation was conducted fairly for all parties involved.

Within fourteen (14) college business days of receiving a written appeal the President will respond to the complainant with a copy to the Affirmative Action Office and The Human Resource Department. If the President finds that the procedure has not been followed and that further considerations must be made, then the President will advise not only the complainant, the Human Resource Department and the Affirmative Action Office, but also the respondent and the appropriate manager.

Step V: Optional Board Review

The President of the College will report all decisions on complaints to the Board.
The complainant may ask, in writing, for a Board review of the complaint. In addition, the Board may initiate the review on its own. In either case, the decision to review a complaint is within the discretion of the Board.
If the Board determines that a particular complaint raises issues that they should hear and consider, it will notify the complainant that it will review the decision.
The decision by the Board is final, subject only to appeal pursuant to OAR 581-43-119.

Step VI: Appeal

The complainant may appeal the College's decision by writing to the State Superintendent of Public Instruction pursuant to the Oregon Department of Education Administrative Rule OAR 581-43-119.