Category: Employment Policies and Procedures

Definitions

Discrimination

Discrimination is a discrete adverse action taken by a College official against an applicant, student, or employee based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, or any other characteristic protected by law. Discrimination can occur under this Policy in either an employment or an educational context. Discrimination also includes failing to provide reasonable accommodations to a qualified person with a disability or to reasonably accommodate an employee’s religious beliefs or practices, as required by state and federal law.

Harassment

Harassment is unwelcome verbal, visual, physical, electronic, or other conduct based on age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, or any other characteristic protected by law that is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances.

Sexual Harassment

Sexual harassment under Appendix A:

Conduct that is sexual, or on the basis of sex or gender, committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved which is one of the following:

  • When a College employee conditions the provision of an educational, research, scholarly, or work benefit, or service on an individual’s participation in unwelcome sexual conduct (quid pro quo); and/or
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it effectively denies a person equal access to an educational, research, scholarly, or work program, or activity of the College.  Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances (“in the shoes of the Complainant”), including the context in which the alleged incident occurred and any similar, previous patterns.

Sexual harassment under Appendix B:

Sexual harassment – Conduct that is sexual, or on the basis of sex or gender, committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved which is sufficiently severe, persistent, or pervasive to unreasonably interfere with a person’s ability to participate in or benefit from the College’s education program or activity or to interfere with the terms or conditions of the person’s employment, as judged by a reasonable person in the position of the individual subject to the conduct and considering all the circumstances. This can take the form of conduct by one or more individual respondents that, for each respondent, meets this definition or it can take the form of a cumulative hostile environment.

See CCS’s full policy, including definitions – Policy On Prohibited Discrimination, Harassment, And Sexual Misconduct (Including Title IX).

Separation of Full-Time Faculty

Non-reappointment at the Conclusion of a Contractual Term 

As noted above, full-time faculty contractual appointments do not renew automatically. The reasons for non-reappointment may include but are not limited to, unsatisfactory performance, violation of CCS’s policies, failure to remain professionally active and to enhance one’s professional skills, a change in curricular needs, a change in enrollment patterns, or financial exigency. Decisions regarding non-reappointment at the conclusion of an appointment term are made by the President, following procedures outlined in the reappointment of full-time faculty.

Termination During a Contractual Term

A faculty member’s contractual appointment may be terminated by CCS before the conclusion of its contractual term for the following reasons: (1) fraud, theft or dishonesty; (2) failure to perform contractual duties and responsibilities in a satisfactory manner as determined by CCS; (3) failure to follow the rules, regulations, policies and procedures of CCS; (4) failure of a faculty member to return to full-time employment and to perform the duties outlined in this handbook within 12 months following the beginning of an approved medical leave of absence; (5) the faculty member’s death during the term of the appointment, in which case CCS shall pay to the faculty member’s personal representatives earnings and expenses already accrued, but unpaid, for the period prior to death and upon such payment, CCS will have no further liability except for any fringe benefits that may arise at the time of faculty member’s death; and (6) threatened or actual bodily harm, intimidation, or harassment of staff,  faculty,  students, or other members of the CCS community. It is understood that continued employment may be impacted by a serious decline in enrollment, a financial exigency, and/or the elimination of faculty position(s) due to changing curriculum needs.  If such a reduction in the number of faculty or the reorganization of an academic department or program is deemed necessary, CCS leadership will inform the Faculty Executive Committee of the Faculty Assembly when a plan and rationale for reduction or reorganization is being implemented.

Decisions regarding termination before the conclusion of a contractual term are made by the President, following recommendations by the Dean of Academic Affairs and the graduate or undergraduate Dean.  At such time as CCS determines that it may be in its best interest to terminate an appointment for reasons (1), (2), (3), (4), and/or (6) above, CCS will first deliver to the faculty member written notice of its proposed termination which shall set forth the reasons for the proposed action. If the faculty member then within fifteen (15) days requests that the matter be reviewed by the Faculty Concerns Committee (FCC), and signs the necessary waiver of claims, then CCS will hold its decision in abeyance until the FCC has conducted its review and made a non-binding written recommendation to CCS, provided that such a review and recommendation are completed within thirty (30) days after the request for the review is made. If a termination notice is delivered with fewer than 45 days remaining in a semester, then the review by the Faculty Concerns Committee, if requested by the faculty member, must be completed within the first 45 days of the next semester.

Equal Opportunity, Discrimination and Harassment

The College for Creative Studies subscribes to the principle of equal opportunity in its employment, admissions, and educational programs and activities and strives to provide an educational environment and workplace free from unlawful harassment or discrimination. The College is committed to an inclusive community that respects and values all its members, including students, faculty, and staff. This Policy on Prohibited Discrimination, Harassment, and Sexual Misconduct (including Title IX) (“Policy”) prohibits discrimination, including harassment, because of age, race, color, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability or any other characteristic protected by law. This prohibition includes discrimination and harassment based on the perception of an individual’s protected status, even if that perception is incorrect. It also prohibits misconduct related to protected status discrimination and harassment specifically, domestic violence, dating violence, and stalking. The Policy applies to the administration of employment and educational policies, practices, programs, and activities.

This Policy specifically prohibits sexual misconduct, including sexual assault, sexual harassment, gender-based harassment, sexual exploitation, stalking, domestic violence, and dating violence. In some cases, this conduct is also prohibited by or included in Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and/or the Violence Against Women Reauthorization Act of 2013. Sexual misconduct represents a serious breach of the College’s commitment to fostering a positive educational and working environment. An individual who violates this Policy may also be subject to criminal prosecution and civil litigation in addition to College disciplinary procedures. As described in the annual security report (see “Sexual Assault/Dating Violence Awareness and Prevention Programs”), with the intent of ending sexual misconduct, the College conducts primary prevention and awareness programs for all incoming students and new employees and ongoing prevention and awareness campaigns for students and employees.

The Office for Institutional Equity and Inclusion is responsible for administering this Policy and its implementing procedures. The Assistant Dean for Institutional Equity and Inclusion is the College’s designated Coordinator for Title IX of the Education Amendments of 1972; the Dean of Students is the Coordinator for Section 504 of the Rehabilitation Act of 1973 for educational matters and for the Age Discrimination Act of 1975; and the Human Resources Director is the Section 504 Coordinator for employment matters.

All employees, except those designated as confidential resources, are required to report any incidents of possible sexual misconduct, discrimination or harassment of which they become aware to the Title IX Coordinator by phone, email, or in person.