POLICY FOR PROHIBITION OF SEXUAL MISCONDUCT
Academy for Nursing and Health Occupations is committed to maintaining a work and learning environment free of unlawful discrimination and harassment, and will not tolerate sexual misconduct by employees, students, teachers, administrators, supervisors, co-workers, vendors, clients, customers, or guests.
Sexual misconduct consists of any unwelcome conduct, whether verbal, physical or visual, that is based upon a person’s gender. Such conduct is unlawful and prohibited whenever it affects tangible job benefits, unreasonably interferes with a individual’s work or educational performance or creates an intimidating, hostile or offensive working or educational environment.
Sexual misconduct undermines the integrity of the mission of the college. Employees and students have the right to work and learn in an environment free from unsolicited and unwelcome sexual overtures. Academy for Nursing and Health Occupations will not tolerate any form of gender-based or sex-based discrimination including any kind of sexual misconduct against any employee, applicant, or student. Such discrimination violates federal and state law and the Academy for Nursing and Health Occupations policy. ANHO has adopted policies and procedures for the prompt and equitable resolution of complaints of sex-based discrimination and sex-based harassment.
DEFINITION OF SEXUAL HARASSMENT
Sexual misconduct consists of sex-based discrimination and sex-based harassment to include unwelcome sexual advances, requests for sexual favors and other verbal, visual and physical conduct of a sexual nature whenever: - Submission to the conduct is made either an explicit or implicit condition of employment or educational objectives;
- Submission to or rejection of the conduct is used as the basis for an employment or education related decision affecting the harassed employee or student; or
- The harassing conduct unreasonably interferes with an employee or student’s work or educational performance or creates an intimidating, hostile or offensive working or educational environment.
- Includes harassment or discrimination based on sex stereotypes, sex characteristics, reproductive health, pregnancy or related conditions, lactation, sexual orientation, and gender identity.
EXAMPLES OF CONDUCT CONSTITUTING SEXUAL MISCONDUCT
Sexual misconduct can involve an almost infinite variety of conduct. Some examples include:- Unwelcome physical contact with sexual overtones, such as touching, patting, pinching, repeatedly “brushing” against someone or impeding the movement of another person.
- Sexually offensive comments such as slurs, jokes, epithets and innuendos.
- Sexually oriented “kidding” or “teasing” or sexually oriented “practical jokes”.
- Suggestive or obscene written comments in notes, letters, invitations or e-mail.
- Inappropriate, repeated or unwelcome sexual flirtations, advances or propositions.
- Offensive visual contact such as staring, leering, gestures or displaying obscene objects, pictures or cartoons.
- Inappropriate or suggestive comments about another person’s physical appearance or dress.
- Exchanging or offering to exchange any kind of employment or educational benefit for a sexual concession, e.g. promising a promotion or raise, or a particular grade in exchange for sexual favors.
- Withdrawing or threatening the withdrawal of any kind of employment or educational benefit for refusing to grant sexual favor, e.g. suggesting that an individual will receive a poor performance review or lower grade or be denied a raise unless she/he goes out on a date with the supervisor or teacher.
APPLICABILITY OF POLICY
The prohibition against sexual misconduct applies to everyone–teachers, students, administrators, faculty, managers, supervisors, salaried and hourly workers, temporary employees, contractors, customers, suppliers and guests. Academy for Nursing and Health Occupations will not tolerate sexual misconduct of any kind by anyone.
Academy for Nursing and Health Occupations will not retaliate against anyone for reporting or complaining about sexual harassment and will not tolerate retaliation by teachers, administrators, students, supervisors, managers or co-workers.
Discipline for Engaging in Sexual Misconduct.
- Depending on the nature and seriousness of the offense, Academy for Nursing and Health Occupations will impose all appropriate discipline, up to and including termination or dismissal, against any teacher, administrator, student, manager, supervisor or employee found to have engaged in sexual misconduct.
- When a student, customer, guest or other person not employed or enrolled in Academy for Nursing and Health Occupations is found to have engaged in sexual misconduct against an Academy for Nursing and Health Occupations employee, teacher or student, Academy for Nursing and Health Occupations will advise the person and his/her employer of Academy for Nursing and Health Occupations‘ policy against such misconduct and will take such other action as is appropriate under the circumstances.
Teachers, administrators, students, employees, supervisors, and managers must report any incident of sexual harassment they may observe, even if they are not the target or victim of such harassment. Such reports will be handled in the same fashion as complaints by victims of sexual harassment.
Academy for Nursing and Health Occupations will not retaliate against anyone for reporting or complaining about sexual harassment and will not tolerate retaliation by teachers, administrators, students, supervisors, managers or co-workers.
2) Discipline for Engaging in Sexual Harassment
Depending on the nature and seriousness of the offense, Academy for Nursing and Health Occupations will impose all appropriate discipline, up to and including termination or dismissal, against any teacher, administrator, student, manager, supervisor or employee found to have engaged in sexual harassment.
When a student, customer, guest or other person not employed or enrolled in Academy for Nursing and Health Occupations is found to have engaged in sexual harassment against an Academy for Nursing and Health Occupations employee, teacher or student, Academy for Nursing and Health Occupations will advise the person and his/her employer of Academy for Nursing and Health Occupations >policy against such harassment and will take such other action as is appropriate under the circumstances.
3) Legal Remedies for Harassment
Employees or job applicants who believe they have been harassed may file a complaint of discrimination with the EEOC and/or the Florida Human Relations Commission, which is authorized to investigate the allegations in the complaint. Students may complain to the Office of Civil Rights of the U.S. Department of Education or the State of Florida Commission for Independent Education Licensing Board. Each agency will have their own procedures for investigating and resolving complaints of discrimination |