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Title IX of the 1972 Education Amendments protects students and employees
in educational programs or activities that receive federal funds from
discrimination on the basis of sex. The Office for Civil Rights of the
U.S. Department of Education defined sexual harassment that would violate
Title IX in a 1981 policy memorandum. There are more precedents regarding
sexual harassment against employees than students, but the Supreme Court
has held that those precedents should generally govern cases regarding
students as well.
Applying those precedents to students, students are protected from both
quid pro quo and hostile environment sexual harassment. In quid pro quo
sexual harassment, a student might be confronted with sexual demands to
keep his/her academic career on track or to obtain a grade or recommendation.
Hostile environment sexual harassment of a student would involve sexually
offensive conduct that permeates the learning environment, making it difficult
or uncomfortable for a student to do his/her work as a student.
Whether it occurs in class or on the job, sexual harassment, like racial,
religious or ethnic intimidation, creates a psychologically harmful atmosphere
that interferes with work performance. BCC employees and students who
believe they have been subjected to this form of discrimination have available
to them the same formal or informal options for resolving the conflict
available to anyone who believes he or she has been discriminated against.
They may follow one or more of the following alternatives: If they feel
comfortable doing so, they may speak with the individual they believe
has discriminated against them. They may contact a department chairperson,
a counselor, a dean, a supervisor, or the Affirmative Action Officer.
They also retain the right to file complaints with outside agencies.
Both employees and students are reminded that there are time frames within
which complaints must be filed, both on and off-campus. They should be
aware that the current grievance procedure requires that an on-campus
complaint be filed within 45 class days after the alleged discrimination
has occurred. Off-campus agencies and the courts have varied statutes
of limitation, ranging from six months to three years. The on-campus procedure
is under review, and may be changed. For the most current information,
contact the Affirmative Action Officer.
A brochure on sexual harassment is available from the Affirmative Action
Office (SC-N101), the Human Resources Office (SC-118), and the Counselling
Center (W-200). Additional information is available on the BCC Web Page
under Student Services: Health & Wellness.
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