Contents
Catalog Links

Anti-Harassment Policy

Drake State has a commitment to providing both employment and educational environments free of harassment or discrimination related to an individual’s race, color, gender, religion, national origin, age, or disability. Not only is such harassment or discrimination a violation of the policies of the Alabama Community College System, it is an institutional policy that any practice or behavior that constitutes such harassment or discrimination shall not be tolerated on Drake State’s campus, or in any division or department, by any employee, student, agent, or non-employee on any College property or while engaged in any College sponsored activity. It shall also be a violation of this policy for a person to engage in such harassment or discriminatory practice or behavior through the use of any College-owned or College controlled communication process, system or device. 

For these purposes, the term “harassment” includes, but is not necessarily limited to: 

  • Language, behavior, or other activity that has the intent or effect of unduly demeaning, embarrassing, or discomforting any person, or creating an environment that is unduly demeaning, embarrassing, or discomforting to any person or persons of reasonable sensitivity. 
  • Harassment of employees or students by persons who are not employees or students shall also be a violation of this policy. Any employee or student who becomes aware of any such embarrassment shall report the incident(s) to the appropriate institutional official. 

Such discrimination may or may not be in the form of harassment, per se. However, as with incidents of harassment, any employee or student who becomes aware of the unduly adverse treatment of any person on the basis of that person’s race, color, gender, religion, national origin, age, disability, or any other impermissible factor, shall report such situation to an appropriate College official. 

Sexual harassment is a form of misconduct that is considered under the law to be both harassment and discrimination which is illegal under Title VII of the Civil Rights Act of 1964 for employees and under Title IX of the Education Amendments of 1972 for students. Sexual harassment does not refer to such innocent conduct as occasional compliments on another’s appearance; it refers to behavior with sexual connotations that would have the effect of interfering with, or the tendency to interfere with, the work, educational, or social environment of its victims. Sexual harassment may involve the behavior of a person of either sex toward a person of the opposite or the same sex, and occurs when it consists of unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational opportunities; 
  2. Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting that individual; 
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or creates an intimidating, hostile, or offensive work or educational environment. 

Sexual harassment may include, but is not be limited to, any of the following:

  1. Physical assault, or attempted physical assault, of a sexual nature. 
  2. Direct propositions of a sexual nature; 
  3. Subtle pressure for sexual activity; 
  4. Threats or coercion used for the purpose of soliciting sexual favors; 
  5. Displaying pictures or other objects which are sexual in nature that would have the tendency to create a hostile or offensive environment and serve no legitimate business purpose; 
  6. Repeated conduct that has the effect of causing, or intent to cause, discomfort or humiliation, or both, that includes comments of a sexual nature or sexually explicit statements, questions, jokes, or anecdotes; 
  7. Repeated conduct that has the effect of causing, or the intent to cause, discomfort or humiliation in the form of:
  • touching, patting, pinching, hugging, or brushing against another’s body;
  • comments of a sexual nature about another’s clothing or appearance; or
  • remarks about sexual activity or prior sexual experiences. 

Any student who is the victim, or intended victim, of sexual harassment should report the matter to the Title IX Coordinator (Students) as soon as possible after the situation occurs. If the matter is determined by the Title IX Coordinator to involve sexual harassment, it shall also be reported to the President of the College and to the Vice Chancellor for Legal and Human Resources, who shall also be kept informed of the progress and results of the investigation of the complaint. Any subsequent adverse treatment incurred by the reporting party that appears to be retaliation of, or related to, the report of sexual harassment should also be brought to the attention of the office of the Dean of Students. With further regard to relationships of a physical nature, Drake State employees determine the ethical and moral tone for this College through both their personal conduct and their job performance. Therefore, each employee must be dedicated to the ideals of honor and integrity in all public and personal relationships. Relationships between College personnel of different ranks which involve partiality, preferential treatment, or other improper use of position shall not be tolerated. Consensual amorous relationships that might be appropriate in other circumstances are inappropriate when they occur between an instructor and a student for whom he or she has responsibility, or between any supervisor and an employee where preferential treatment result. Furthermore, such relationships have the potential of undermining the atmosphere of trust on which the educational process depends. Implicit in the concept of professionalism is the recognition by those in positions of authority that in their relationships with students or subordinate employees there is always an element of power. Therefore, it is incumbent on those with authority not to abuse the power with which they are entrusted.