Administrative Procedures

Anti-Harassment/Discrimination Procedure

Procedure Number: 3.3.1-P

Current Effective Date: 09/03/2021

Original Effective Date: 03/12/2019

Revision Dates: 8/14/20, 09/03/2021

Revision Number: 2

Revision Summary: Updates to current administrator titles

Responsible Official: General Counsel

References: Administrative Policy 3.3.1; Administrative Procedure 3.3.1A-P; Code of Student Conduct; Administrative Policy 6.6; Administrative Procedure 6.6-P

1. Purpose

This Procedure implements KCTCS’ Anti-Harassment/Discrimination Policy, Administrative Policy 3.3.1. Definitions of Protected Classification, Discrimination, Harassment, Sexual Harassment, Hostile Work or Learning Environment, and Retaliation are listed within that Policy.

2. Scope

This Procedure applies to all KCTCS stakeholders, including its applicants, students, employees, volunteers, visitors, vendors, consultants, customers, colleges, offices, and workplaces, regardless of location and regardless of whether the conduct is engaged in by students or employees, or someone not directly connected to KCTCS. This Procedure may apply to behaviors that occur off-site, after normal KCTCS working hours, or at off-campus events if the behaviors are such that they become disruptive to the learning and/or working environment.  This Procedure also applies to all KCTCS-related conduct, policies, decisions, and actions. If policy violations are perpetrated by third parties who are not KCTCS students or employees, KCTCS will take prompt, reasonable, corrective action to remedy the violation.

Sexual misconduct matters are also addressed in Administrative Procedure 3.3.1A-P Title IX Sexual Harassment and Misconduct Procedure in accordance with federal Title IX regulations.  Any sexual misconduct matter not meeting the criteria specified in Procedure 3.3.1A-P will be processed under this Procedure.  The College and/or System  Title IX Coordinator will determine which procedure applies on a case-by-case basis.

Student allegations of harassment or discrimination are handled in accordance with KCTCS Administrative Policy 6.6 Student Harassment or Discrimination Grievance Procedure or the Title IX Sexual Harassment and Misconduct Procedure.

3. Procedure

Depending on what is most comfortable for the individual, good faith allegations of discrimination and harassment may be reported in many different ways:

1. KCTCS’ policies, workplace rules, and core values always apply;
2. Attempts to directly resolve issues should be done politely and reasonably promptly by notifying the alleged offender that his/her behavior is unwelcome or inappropriate; 
3. Individuals should cooperate to attempt to resolve their issues quickly, respectfully, fairly, and collegially; and
4. If the issue is not satisfactorily resolved between the individuals or if the offended individual is for any reason uncomfortable resolving the issue directly with the offender, the individual may report the issue by any other means listed below.

3.2

Report to Institutional Officials: An individual may also report a complaint of illegal discrimination, harassment, sexual harassment, or retaliation to any of the institutional officials below. If the individual is uncomfortable addressing the matter to any one of them, he/she may report the matter to any other of them:

1. The Director of Organizational Integrity at the System Office;
2. The KCTCS General Counsel;
3. The College President or the KCTCS System President;
4. The College Human Resources Director;
5. The System Assistant Vice President/Chief Human Resources Officer;
6. The College and/or System Title IX Coordinator if Title IX Sexual Harassment and Misconduct Procedure 3.3.1A-P applies in cases involving sex or gender. If the facts do not meet the criteria outlined in 3.3.1A-P, the report will be processed under this Procedure; or
7. The College Chief Student Affairs Officer if Administrative Policy 6.6 applies in cases of students who think they may have been discriminated against or subjected to harassment by students or employees based on any Protected Classification, outlined in Administrative Policy 3.3.1.

3.3 The EthicsPoint Hotline: In addition to the reporting channels above, an individual may also report the matter directly to the KCTCS EthicsPoint hotline via phone or email at 1-866-594-3115 or at https://secure.ethicspoint.com/domain/media/en/gui/28458/index.html.

3.4  To resolve issues and correct problems in the quickest, most efficient manner, KCTCS highly encourages students and employees to report issues of harassment and discrimination to any of the options listed above, but they are NOT REQUIRED to do so. If an individual does not desire to use the internal reporting mechanisms listed above, they may instead make such reports directly to:

Employee Reports: Equal Employment Opportunity Commission (EEOC)
How to file: https://www.eeoc.gov/employees/howtofile.cfm

Kentucky Commission on Human Rights
331 South Broadway, 7th Floor
Louisville, KY 40202
502-595-4024

Student Reports: Office for Civil Rights (OCR) U.S. Department of Education
61 Forsyth St. S.W., Suite 19T10
Atlanta, GA 30303-8927
Customer Service Hotline: 404-974-9406
Facsimile: 404-974-9406
TDD: 800-877-8339
Email: OCR.Atlanta@ed.gov
Web: http://www.ed.gov/ocr 

4. Investigation and Resolution of Complaints

4.1.

1. Individuals who receive or become aware of allegations of impermissible harassment or discrimination perpetrated by any KCTCS employee, on KCTCS owned or controlled facilities, or in connection with KCTCS business SHALL immediately report such allegations to one of the Institutional Officials designated in section 3.2 above. No KCTCS employee has discretion not to report allegations of impermissible harassment and discrimination, including allegations of sexual harassment/discrimination, regardless of whether the alleged victim wants to report the matter.
2. When the allegation includes sexual misconduct involving a KCTCS employee or a student, the College or System Office Title IX Coordinator must be made aware and process the report under the Title IX Sexual Harassment and Misconduct Procedure 3.3.1A-P, if appropriate.

4.2.

Allegations of impermissible harassment and discrimination perpetrated by KCTCS employees, on KCTCS owned or controlled facilities, or in connection with KCTCS business will be investigated and managed jointly by the college Human Resources Department and the Office of Organizational Integrity, in appropriate consultation with the responsible manager, the KCTCS Office of General Counsel, College President, and/or Cabinet member. KCTCS reserves the right to resolve any such matters in an informal manner, depending on the facts and the wishes of the complainant (the individual who is alleged to be the victim of the harassment or discrimination).

1. Based on the preponderance of the evidence gathered by the investigation, the college Human Resources Director and the Director of Organizational Integrity shall recommend an appropriate response to the College President if the issue arose at a college, or to the System Cabinet member responsible for the System Office area where the issue arose. The findings and recommendations will also be reported to the KCTCS President.
2. If the preponderance of the evidence substantiates impermissible discrimination or harassment the college Human Resources Director and the Director of Organizational Integrity will coordinate with the responsible manager to take appropriate employment action against the respondent (the individual accused of harassment or discrimination), up to and including termination, and document such action in the respondent’s personnel file. KCTCS will take prompt, reasonable corrective action against third parties found to have engaged in discriminatory or harassing behavior on KCTCS property or in connection with KCTCS business.
3. Within a reasonable time, the Director of Organizational Integrity or Human Resources Director shall ensure a response is provided to the complainant, indicating the status of matter. Disciplinary action against students or employees may or may not be disclosed depending on the circumstances.

4.3.

Complaints by students or about student behavior that fall under the Title IX Sexual Harassment or Misconduct Procedure, Student Harassment or Discrimination Grievance procedure, or Student Code of Conduct are investigated in accordance with those policies and procedures. The KCTCS Office of General Counsel may supervise and provide guidance and advice on the conduct of these procedures at any time.  KCTCS reserves the right to resolve such matters informally based on the facts and the wishes of the complainant.

5. Retaliation

5.1.

RETALIATION IS PROHIBITED: No student or employee may initiate or participate in retaliatory action against any student or employee who in good faith makes a report of impermissible harassment or discrimination, or a violation of law or policy, or who participates in an investigation of such issue under this or any related policy or procedure.

1. Retaliation includes but is not limited to counseling, write-ups, demotions, reassignments, suspensions, terminations, changes in terms of employment/education and other disciplinary action, workplace harassment or bullying, or other adverse action that severely affects the conditions of employment or educational attainment and are initiated because the student or employee made a report or complaint, or participated in an investigation under this policy. 
2. Retaliation may also occur in certain circumstances outside the scope of this Policy and not necessarily in connection with a complaint.  Any such retaliation is against KCTCS policy and should be reported.

5.2.

The filing of any report or complaint, or participation in an investigation under this policy does not preclude disciplinary action not based on retaliatory or discriminatory reasons if it is otherwise appropriate. Proposed adverse action against any individual who has filed a report or complaint, or participated in an investigation under this policy must be reviewed and approved in advance by the appropriate institutional official in consultation with the Office of General Counsel.

6. Training

6.1

KCTCS shall ensure that all employees and volunteers receive substantive training about proper behavior in the workplace, what constitutes illegal harassment/ discrimination, and the applicable policies, procedures and legal requirements.

6.2

As a condition of employment or volunteer assignment, all employees and volunteers shall be required to complete assigned training within 30 days of initial employment or volunteer assignment. Training may be offered online or manually as appropriate.

6.3

Annual anti-harassment/discrimination training shall also be a condition of continued employment/volunteer assignment.

6.4

Designated individuals may also be assigned additional or supplemental training.

6.5

Additional training may be assigned as part of resolution to complaints or as necessary to correct inappropriate behaviors.  Failure to complete such training may result in further corrective action.

6.6

Training required by Title IX and the Clery Act is made available to students online and is included in the employee/volunteer training as described in this section.