• AR 3432: Workplace Harassment


  • Chapter 3

    References: ORS 659A;
    ORS 243

    Mt. Hood Community College is committed to being a discrimination, harassment, and intimidation-free workplace.  Workplace harassment will not be tolerated. This regulation outlines the process for reporting complaints involving workplace harassment and the obligations of the college in addressing those complaints.

    Any student, employee, volunteer, intern, or other members of the campus community who believes that they have been harassed or retaliated against in the workplace in violation of the college’s Prohibition of Harassment regulation should immediately report such incidents to Human Resources or their supervisor.

    All college employees are advised to document in writing any incidents of workplace harassment they observe or that are reported to them.

    Prohibited Employment or Settlement Agreements

    The college may not require, coerce, or enter into an agreement with an employee or prospective employee as a condition of employment, continued employment, promotion, compensation, or the receipt of benefits, that contains a nondisclosure provision, a non-disparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct that:

    i) Constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault; or

    ii) Constitutes discrimination prohibited by ORS 659A.082 or 659A.112; and

    iii) Occurred between employees or between the college and an employee in the workplace or at a work-related event that is off the college premises and coordinated by or through the college; or

    iv) Occurred between the college and an employee off the college premises.

    Exceptions: The college may enter into a settlement, separation, or severance agreement that includes one or more of the following only when an employee claiming to be aggrieved by conduct described above as workplace harassment requests to enter into the agreement:

    • A provision described above;
    • A provision that prevents the disclosure of factual information relating to a claim of discrimination or conduct that constitutes sexual assault; or
    • A no-rehire provision that prohibits the employee from seeking re-employment with the college as a term or condition of the agreement.

    An agreement entered into under this exception must provide the employee at least seven days after executing the agreement to revoke the agreement. The agreement may not become effective until after the revocation period has expired.

    Victims’ Rights

    Nothing in the regulation is intended to prohibit a victim of workplace harassment from voluntarily disclosing information regarding an incident of workplace harassment that involved the victim.

    Resources

    Individuals who believe they are the victim of workplace harassment should contact Human Resources or their supervisor for information related to process, counseling, and support services, including the employee assistance program.

    Retaliation

    Retaliation against anyone who files a complaint, participates in an investigation, or reports observing workplace harassment, is prohibited.  Anyone who believes they have been retaliated against should report this behavior under the process outlined in AR 3435 Discrimination and Harassment Complaints and Investigations. Complaints of retaliation will be investigated promptly.

    Policy Notification

    The college will make this regulation and related procedures available to college employees in the workplace, provide a copy of the regulation and procedures to each employee at the time of hire, and provide a copy of the regulation and procedures to an employee at the time the employee discloses information regarding prohibited workplace harassment.

    Definitions

    “Non-Disclosure Agreement”: A non-disclosure agreement means an agreement between the employer and employee not to disclose information related to complaints or personnel action related to violations of the college’s Prohibition of Harassment regulation.

    “Non-disparagement Agreement”: Non-disparagement agreement means an agreement between the employer and employee not to make negative statements about the other related to complaints or personnel actions related to violations of this policy.

    “Sexual Assault”: Sexual assault means unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat, or intimidation.

    “Workplace Harassment”: Workplace harassment means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault or that constitutes conduct prohibited by ORS 659A.082 or 659A.112.

    See also BP/AR 3430 and AR 3435.

    Approved:      12/5/95

    Revised:          11/10/98, 5/6/08, 9/22/09, 4/9/10, 4/5/11, 8/29/23