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).