• AR 3435: Discrimination and Harassment Complaints and Investigations


  • Chapter 3

    References: Title VII of the Civil Rights Act of 1964; 42 U.S. Code Sections 2000e et seq.;
    Equal Employment Opportunity Commission (EEOC) Notice 915.002 (dated June 18, 1999);
    ORS 659A;
    ORS 659.850 to 659.860, OAR Chapter 715, Div 11 (Student complaints);
    Chapter 451, Oregon 2019 Laws (Sexual harassment policies);
    ORS 243

    For sexual harassment under Title IX, Complainants must proceed under BP 3433 Prohibition of Sexual Harassment under Title IX and AR 3434 Prohibition of Sexual Harassment Under Title IX.  For other forms of sexual harassment or gender-based harassment, Complainants should use this regulation. Also, see AR 3432 related to workplace harassment.

    Complainant: Any person who reports having suffered harassment, discrimination, or retaliation may file a complaint of harassment, discrimination, or retaliation.  Complainants are encouraged to report harassment before it becomes severe or pervasive.  Mt. Hood Community College strives to stop harassment. 

    Authority over Parties: The college has authority over students, employees, and third parties for alleged violations of this procedure that occur on the college’s property or in connection with all the academic, educational, extracurricular, athletic, and other programs of the college, whether those programs take place in the college’s facilities, college bus or van, or at a class or training program sponsored by the college at another location. Mt. Hood Community College has authority over college employees and students for alleged violations of this policy that occur at college activities or events or off campus, including online, where the off-campus conduct is creating a hostile environment on campus or in any college program or activity.

    The college may exercise authority over events that occur off-campus to determine if the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity.

    Mt. Hood Community College may have an obligation to respond to any complaint received by the institution, which includes but is not limited to (A) Sexual harassment; (B) Sexual assault; (C) Domestic violence; (D) Dating violence; or (E) Stalking. 

    Responsible Employees and Mandated Reporting: If the report involves a minor, the college, and its employees will comply with state-mandated reporting requirements.

    All responsible employees are required to report all actual or suspected misconduct under this procedure immediately by filing a complaint. The college is on notice if a responsible employee has actual knowledge or, in the exercise of reasonable care, should have known about the misconduct. At Mt. Hood Community College, all employees, including student workers, other than Counselors acting in their professional capacity, are considered responsible employees.

    The appropriate official will receive all relevant details about the alleged misconduct in order to determine what occurred and how to resolve the situation. This includes the names of the reporting party and responding party (if known) and the date, time, and location of the alleged misconduct.

    Retaliation: Persons who make complaints of harassment or provide information related to such complaints will be protected against retaliation.  The college will take all reasonable steps to protect the parties from harassment or discrimination.

    Employment-Related Complaints: Human Resources is charged with receiving complaints of discrimination or harassment and coordinating their investigation.  The actual investigation of complaints may be assigned to Human Resources staff or to outside persons or organizations under contract with the college. 

    Who May File a Complaint: Any student, employee, or third party who believes they have been discriminated against or harassed by a student, employee, or third party in violation of this procedure and the related policy.

    Where to File a Complaint:  An employee who believes they have been discriminated against or harassed in violation of these policies and procedures may make a complaint orally or in writing with their supervisor, manager, director, or dean or with Human Resources. A student may file a complaint using the Online Student Complaint Process or with an instructor, director, or dean.

    Complainants filing employment-related complaints shall be notified that they may file employment discrimination complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or through the Oregon Bureau of Labor and Industries (BOLI) complaint resolution process.

    An employee or claimant must provide advance notice of a claim against the employer as required by the Oregon Tort Claims Act (ORS 30.275). 

    Any college employee who receives a harassment or discrimination complaint shall notify the associate vice president of human resources and the director of employee and labor relations immediately.

    Filing a Timely Complaint:  Since failure to report harassment and discrimination impedes the college’s ability to stop the behavior, the college strongly encourages anyone who believes they are being harassed or discriminated against, to file a complaint.  The college also strongly encourages the filing of such complaints within 30 days of the alleged incident.  While all complaints are taken seriously and will be investigated promptly, delay in filing impedes the college's ability to investigate and remediate.

    All supervisors and managers have a mandatory duty to report incidents of harassment and discrimination; the existence of a hostile, offensive, or intimidating work environment; and acts of retaliation.

    The college will investigate complaints involving acts that occur off campus if they are related to an academic or work activity or if the harassing conduct interferes with or limits a student’s or employee’s ability to participate in or benefit from the school’s programs or activities or an employee’s ability to work.

    Communicating that the Conduct is Unwelcome: The college encourages but does not require students and employees to let the offending person know immediately and firmly that the conduct or behavior is unwelcome, offensive, in poor taste, or inappropriate.

    Privileged or Confidential Reporting

    A Mt. Hood Community College responsible employee should, whenever possible before a student or employee reveals information that they may wish to keep confidential, ensure that the person making the report understands the employee’s obligations to report to the college disclosures of prohibited harassment or discrimination or other misconduct.

    Upon hire, Human Resources provides employees with the college policies and regulations and employees are required to acknowledge receipt. The signed acknowledgment indicates the employee is responsible for ensuring they understand the policies and regulations, and the signed acknowledgment of receipt is placed in each employee’s personnel file.  In addition, these policies and procedures are incorporated into the college's course catalogs and orientation materials for new students.

    Training

    The college Human Resources and Title IX departments will provide training on discrimination and harassment, including complaint procedures, to all employees and interns. The college will also provide training to students who lead student organizations.  

    In years in which a substantive policy or procedural change has occurred, all college employees will attend a training update or receive a copy of the revised policies and procedures.

    Participants in training programs will be required to sign a statement that they have either understood the policies and procedures, their responsibilities, and their own and the college’s potential liability or that they did not understand the policy and desire further training.

    Education and Prevention for Students

    In order to take proactive measures to prevent sexual harassment and violence toward students, the college Title IX coordinator will provide preventive education programs and make victim resources, including comprehensive victim services, available.  The college will include such programs in its orientation programs for new students and in training for student-athletes and coaches.  These programs will include a discussion of what constitutes sexual harassment and sexual violence, the college's policies and disciplinary procedures, and the consequences of violating these policies.  A training program or informational services will be made available to all students at least once annually.

    The education programs will also include information aimed at encouraging students to report incidents of sexual violence to the appropriate college and law enforcement authorities. Since victims or third parties may be deterred from reporting incidents if alcohol, drugs, or other violations of college or campus rules are involved, the college will inform students that the primary concern is for student safety and that use of alcohol or drugs never makes the victim at fault for sexual violence.  If other rules are violated, the college will address such violations separately from an allegation of sexual violence.  

    Approved:      12/5/95

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