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Appendix C Prohibition of Discrimination

Appendix C. Prohibition of Discrimination, Harassment Including Sexual Harassment and Abuse

POLICY

 PROHIBITION OF DISCRIMINATION AND HARASSMENT, INCLUDING SEXUAL HARASSMENT AND ABUSE[1]

 Effective: 7/1/1995; Revised: 3/15/2006; Revised: August 27, 2010

THIS POLICY ALSO REPEALS AND SUPERSEDES IN ITS ENTIRETY THE POLICY FORMERLY ENTITLED: "REPORTING RESPONSIBILITIES, INVESTIGATION AND COMPLAINT RESOLUTION FOR PROTECTED STATUS DISCRIMINATION AND/OR HARASSMENT/ABUSE".

 Effective: 7/1/1995; revised: 3/15/2006; repealed: August 27, 2010

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

1. APPLICABILITY

This Policy applies to all members of the COLLEGE COMMUNITY while on College owned or leased property.

2. GENERAL POLICY STATEMENT

It is the Policy of the College of Charleston to promote and protect a learning and living environment where civil discourse, respect for the individual and appreciation for the diversity of human experiences are valued as compelling academic interests.   Accordingly, it is a violation of this Policy for any member of the College community to discriminate or harass students or employees, or applicants for admission to the College or applicants for any College employment position, based on gender, sexual orientation, gender identity or expression, age, race, color, religion, national origin, veterans’ status, genetic information, or disability, as proscribed by law and as further described below.  In addition, discrimination against members or potential members of the United States uniformed services, as proscribed by the Uniformed Services Employment and Reemployment Rights Act (USERRA), is also prohibited under this Policy.  Retaliation against any person arising from the good faith reporting of a suspected violation of this Policy, or for participating in an investigation of discrimination under this Policy, is strictly prohibited.

3. DISPARATE TREATMENT

Disparate treatment of a member of the college community occurs when a person is singled out and treated less favorably than others similarly situated on the basis of one or more of the discriminatory reasons prohibited by this Policy.

              3.1 Age

It is a violation of this Policy to discriminate against an individual in any aspect of employment because that individual is 40 years old or older, unless a specific statutory or regulatory exception allowing for different treatment applies, as determined by the Office of Legal Affairs.  It is also a violation of this Policy to discriminate in any College program or activity on the basis of age, except as may be provided under controlling regulations of the United States Department of Education, as interpreted by the Office of Legal Affairs.

              3.2 Disability

It is the Policy of the College that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the College.  Specially, a handicapped person who meets the academic and technical standards requisite to admission or participation in a College education program or activity shall not be denied admission or participation because of his/her disability.

The College will not discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.  This includes: (a) any action that has the purpose or effect of limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee; (b) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the College can demonstrate that the accommodation would impose an undue hardship on the operation of its business and activities; or (c) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of the College to make reasonable accommodation to the physical or mental impairments of the employee or applicant.

Disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, for all job-related purposes, shall be treated the same as disabilities caused or contributed to by other medical conditions, under any health or disability insurance or sick leave plan available in connection with employment. Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, reinstatement, and payment of sick leave shall be applied to disability due to pregnancy, childbirth or related medical conditions on the same terms and conditions as they are applied to other disabilities.

              3.3 Equal Pay

It is a violation of this Policy to discriminate on the basis of sex by paying wages to employees at a rate less than the rate at which the College pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to: (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.  The College will not, in order to comply with the provisions of this provision, reduce the wage rate of any employee.

              3.4 Gender Based Discrimination

It is a violation of this Policy to deny educational benefits or to exclude employment applicants or employees because of pregnancy, childbirth or related medical conditions.  Nor shall the College discriminate due to marital or family status with respect to employment opportunities or academic programs and activities. 

No person shall, on the basis of sex, sexual orientation, gender identity or expression, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by the College or be denied any job opportunity or treated differently with respect to terms, conditions, or privileges of employment.

              3.5 Genetic Information

It is a violation of this Policy: (1) to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee; or  (2) to limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the employee.

It is also a violation of this Policy to request, require, or purchase genetic information with respect to an employee or a family member of the employee except if the OLA determines that such a request, requirement, or purchase is in accordance with controlling provisions of law and regulation.

              3.6 National Origin

It is a violation of this Policy to discriminate because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group. When investigating allegations of national origin discrimination, the College will review such matters as (a) marriage to or association with persons of a national origin group; (b) membership in, or association with an organization identified with or seeking to promote the interests of national origin groups; (c) attendance or participation in schools, churches, temples or mosques, generally used by persons of a national origin group; and (d) whether an individual's name or spouse's name is associated with a national origin group.

              3.7 Race and Color

It is a violation of this Policy to discriminate against any employee or applicant for employment because of race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. No employment decisions shall be based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. It is also a violation of this Policy to discriminate against any student or student applicant in regard to any academic program or activity or any educational benefit because of race or color.

Employment and student opportunities cannot be denied because of marriage to or association with an individual of a different race; membership in or association with ethnic based organizations or groups; or attendance or participation in schools or places of worship generally associated with certain minority groups. Discrimination on the basis of an immutable characteristic associated with race, such as skin color, hair texture, or certain facial features, violates this Policy, even though not all members of the race share the same characteristic.

Discrimination based on color is also prohibited by this Policy.  Even though race and color clearly overlap, they are not synonymous. Thus, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person.

              3.8 Religion

                                Students:

The College of Charleston community is enriched by students of many faiths that have various religious observances, practices, and beliefs. We value student rights and freedoms, including the right of each student to adhere to individual systems of religion. The College prohibits discrimination against any student because of such student’s religious belief or any absence thereof.

The College acknowledges that religious practices differ from tradition to tradition and that the demands of religious observance in some traditions may cause conflicts with student schedules. In affirming this diversity, like many other colleges and universities, the College supports the concept of "reasonable accommodation for religious observance" in regard to class attendance, and the scheduling of examinations and other academic work requirements, unless the accommodation would create an undue hardship on the College.

Faculty are required, as part of their responsibility to students and the College, to ascribe to this Policy and to ensure its fair and full implementation. The accommodation request imposes responsibilities and obligations on both the individual requesting the accommodation and the College. Faculty members are expected to reasonably accommodate individual religious practices. Examples of reasonable accommodations for student absences might include: rescheduling of an exam or giving a make-up exam for the student in question; altering the time of a student’s presentation; allowing extra-credit assignments to substitute for missed class work or arranging for an increased flexibility in assignment dates. Regardless of any accommodation that may be granted, students are responsible for satisfying all academic objectives, requirements and prerequisites as defined by the instructor and by the College.

                              Employees:

It is the Policy of the College to accommodate the religious practices of employees and prospective employees. The College will not fail to reasonably accommodate the religious practices of an employee or prospective employee, unless there is finding by the College that the accommodation would result in undue hardship on the conduct of its business.

After an employee or prospective employee notifies the College of his or her need for a religious accommodation, the College has an obligation to reasonably accommodate the individual's religious practices. A refusal to accommodate is justified only when the College determines that an undue hardship would in fact result from each available alternative method of accommodation. A mere assumption that many more people, with the same religious practices as the person being accommodated, may also need accommodation is not evidence of undue hardship.

Some alternatives for accommodating religious practices might disadvantage the individual with respect to his or her employment opportunities, such as compensation, terms, conditions, or privileges of employment. Therefore, when there is more than one means of accommodation which would not cause undue hardship, the College will offer the alternative which least disadvantages the individual with respect to his or her employment opportunities.

When religious practices conflict with work schedules, the supervisor should consider whether one of the following accommodations is suitable and will not present an undue hardship to the College:

                                        (i) Voluntary Substitutes and "Swaps;"

                                        (ii) Flexible Scheduling; or

                                        (iii) Lateral Transfer and Change of Job Assignments.

              3.9 Uniformed Services

It is a violation of this Policy to deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment motivated in whole or in part on the basis that a person is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service of the United States.[2] 

4. DISPARATE IMPACT

In addition to discriminatory conduct that is directly targeted to an individual (See DISPARATE TREATMENT, Section 3.0), the College will not engage in any employment or academic procedure or practice that, while neutral on its face, will have a disparate impact on persons due to their race, color, religion, gender, national origin, or genetic background unless such a procedure or practice is job related and consistent with business necessity or the educational mission of the College and there is no less discriminatory alternative available.

An employment or academic procedure or practice that has a disparate impact on older workers is not a violation of this Policy if that procedure or practice is based on a reasonable non-age factor (such longevity of employment and benefits accruing under a bona fide seniority system or a system of leave accrual).

5. SEXUAL HARASSMENT AND HARASSMENT BASED ON LEGALLY PROTECTED STATUS

              A. Sexual/Gender Harassment: 

Sexual/gender harassment includes unwelcome sexual advances, requests for sexual favors, and other 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 access to or the enjoyment of an educational benefit; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or decisions concerning educational benefits affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or other educational benefit or creating an intimidating, hostile, or offensive working, learning or living environment.  Additionally, sexual harassment also includes conduct (as described in this paragraph) that is directed at an employee or student because of his or her sexual orientation or gender identity or expression.

Sexually-related conduct forms the basis of a sexual harassment claim if a reasonable person, in view of all the surrounding circumstances, would consider it sufficiently severe or pervasive to interfere unreasonably with academic, other educational, or employment performance or participation in a College activity or living environment.

Sexual harassment most often occurs when one person has actual or apparent power or authority over another; however, it may also occur between individuals of equal status or rank within the College. Sexual harassment may occur between persons of the same gender.  

Because faculty occupy positions of particular influence and control over students, when sexual harassment is alleged by a student against a member of the faculty and when the faculty member asserts a defense based on the consent of the student, the College will accord more weight to the student’s version of events.     

Examples:

                                  Acts of sexual harassment include the following:

      • Unwelcome sexual advances or requests for sexual favors based upon gender, sexual orientation, gender identity or gender expression;
      • Unwanted physical contact, including touching, pinching or brushing the body;
      • Verbal harassment, such as sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions or threats; epithets; slurs; negative stereotyping (including "jokes");
      • Non-verbal conduct, such as display of sexually suggestive objects or pictures, leering, whistling, or obscene gestures; written or graphic material (including communications by computers) that defames or shows hostility or aversion toward an individual or group because of  gender, sexual orientation, gender identity, or gender expression.
      • Repeated, unwelcome requests for social engagements;
      • Questions or comments about sexual behavior or preference; and
      • Acts of physical aggression, intimidation, hostility, threats based on gender, sexual orientation, gender identity, or gender expression.

                         Other Types of Prohibited Harassment:

A member of the COLLEGE COMMUNITY shall not, on the basis of race, color, religion, disability, age, genetic background, service in a uniformed service, or national origin, be subjected to conduct that has the purpose or effect of unreasonably interfering with an individual's work or academic performance or other education benefit or creating an intimidating, hostile, or offensive working, learning or living environment. this includes, but is not limited to, threatening, intimidating or hostile acts and verbal, written, or graphic material (including communications by computers) that defames or shows hostility or aversion toward an individual or group based on race, color, religion, disability, age, genetic background, service in a uniformed service, or national origin.

6.0        REPORTING DUTIES[3]  

              6.1 Generally

The promotion and protection of a discrimination-free environment is the responsibility of every member of the College Community. The College can take corrective action only when it becomes aware of problems. Timeliness of reporting is extremely important; it allows a more complete investigation and better prevention of recurrence. Therefore, the College strongly encourages persons who believe that they have experienced or witnessed sexual harassment, other prohibited harassment, or proscribed discrimination, as defined in this Policy, to come forward promptly with their inquiries, reports, or complaints.

              6.2 Duty to Report

Any member of the College community who reasonably believes that s/he has experienced or witnessed discrimination, harassment or abuse proscribed by this Policy has a responsibility to report the situation immediately to one of the Designated Officials listed in Appendix D Operating Procedures for Processing Initial Complaints Against Faculty and Administrative Staff

A member of the College community who witnesses but fails to report such a situation may be subject to the immediate consideration of disciplinary or other remedial action if the failure to report has placed a member of the College community at risk of harm or the College at risk of legal liability.   The nature and extent of the action taken, if any, will depend on the following factors:  (a) the severity of the circumstances observed; (b) the position/status of the person who observed the incident; (c) the position/status of the observed victim and observed violator; and (d) the consequences of the failure to report or the failure to report in a timely manner.

              6.3 Additional Duty in Reporting Child Abuse

South Carolina law requires certain persons to report CHILD NEGLECT OR ABUSE as it affects students and others younger than age 18, even when it occurs outside the College.

Among other designated persons, South Carolina law requires that schoolteachers, counselors, healthcare clinicians, substance abuse treatment staff, childcare workers in any day care center, police or law enforcement officers,  and computer technicians, who have reasonable cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect, as defined by state law, are to immediately report it to the local Department of Social Services or other proper law enforcement agency.

A faculty or staff member who suspects or has any concern regarding child abuse or neglect may report this information promptly to his/her Department Head, Director of Human Relations and Minority Affairs, the Dean of Students, the Campus Police or other law enforcement authority, the Provost, or the General Counsel.  College officials who receive such reports shall consult with the Office of Legal Affairs and the College’s Chief of Police who will determine the College's duty under the circumstances and, if determined appropriate, will assist in contacting the proper external authorities.

A faculty member or member of the administration who has reason to suspect abuse or neglect and fails to report it is subject to prosecution; however, the person making the report based on valid suspicion and concern is protected by law from both civil and criminal retaliation.

              6.4 Cooperation

All Members of the COLLEGE COMMUNITY are expected to fully cooperate, as requested, in any investigation of an alleged violation of this Policy.   If the College determines that anyone involved in the investigation has intentionally withheld material information or knowingly provided false information at any time, appropriate disciplinary and/or remedial action will be taken.

6.5 Personal Advisers

Both the COMPLAINANT and the RESPONDENT shall be allowed to have one personal adviser to accompany them throughout all phases of the investigatory process following the making of a COMPLAINT, provided that the adviser –

                                (a) acts as a personal adviser only;
                                (b) is a member of the COLLEGE COMMUNITY (other than a Trustee or a
                                (c) is not a supervisor of the investigator or the decisional authority;
                                (d) is not a witness to the alleged violation(s) of this Policy;
                                (e) is willing to sign a confidentiality agreement;
                                (f)  does not have an economic interest in the investigation or its outcome;
                                (g) does not disrupt the investigative proceedings or speak for the
                                      COMPLAINANT or RESPONDENT and;
                                (h) agrees to following the directions of the investigator during the pendency
                                      of the investigation.

 An adviser (if a College employee) must request permission from the adviser’s immediate supervisor prior to leaving her/his workstation during work hours to accompany a COMPLAINANT or RESPONDENT to a meeting or interview held by the investigator. Such supervisor may deny the request if, in the exercise of that supervisor’s discretion, the employee’s absence for the times requested will adversely affect the operations under the management responsibility of the supervisor, provided that in such event the supervisor may suggest an alternative time that will not adversely affect such operations.    Advisers will be considered as performing services within the scope of their employment when acting in accordance with this Section 6.5; however, employees may not spend more than 4 hours during a work week performing services as an adviser.

The opportunity to have a personal adviser is provided as a matter of comity and not as of right.  Any violation of one or more condition listed in this Section 6.5, including any breach of a signed confidentiality agreement, or any abuse of this courtesy, will result in the immediate withdrawal of this courtesy for the individual(s) involved.

7.  RESPONSE AND PROCEDURES

7.1 Prevention

This Policy will be posted and disseminated to the College community.  Among other efforts to disseminate this Policy ---

(a) the Policy shall be presented and discussed by the Dean of Students, or the Dean’s designee, during orientation for new undergraduate students and by the Office of the Graduate School for new graduate students; 

(b) the Office of Equal Opportunity Programs and Minority Affairs will present and discuss the Policy with each new employee, who will be asked to sign a statement that acknowledges that she/he was informed of the Policy and either given a copy of the Policy or directed where to find the Policy on College’s Policy webpage; 

(c) the Office of the Provost will ensure that the Policy is shared with all new adjunct faculty and graduate assistants during their orientation.  Each adjunct faculty and graduate assistant will be asked to acknowledge that she/he was informed of the Policy and either given a copy of the Policy or directed where to find the policy on the Human Resources webpage; and

(d) the Executive Vice Presidents shall ensure that this Policy is announced and publicized among all employees currently employed and all students then enrolled as of the effective date of this Policy. 

              7.2 Education

Appropriate educational sessions will be conducted by the College on an ongoing basis to: (1) inform students and employees about identifying proscribed discrimination (including harassment) and the problems caused by discrimination; (2) advise members of the College community about their rights and responsibilities under this Policy; and (3) train personnel in the administration of this Policy.   The Director of Human Resources and the Office of Equal Opportunity Programs and Minority Affairs shall be responsible for planning, coordinating and conducting such sessions, either directly or through the use of outside consultants and experts.

7.3  Contractors, Vendors, Consultants, Volunteers and Others

Any party external to the College, including but not limited to, College contractors, consultants, or vendors found to have violated this Policy on the College campus, or on any property rented or leased by the College, may be held in breach of contract and, in such event, may be subject to such sanctions and damages as may be allowed under the relevant contract and/or applicable law including, but not limited to, ineligibility to be considered a responsible source for subsequent contracting with the College.  Other parties who violate this Policy on the College campus, or on any property rented or leased by the College, but who do not have a contractual relationship with the College (including volunteers) may be barred from the College campus.

8. INFORMATION AND COUNSELING

Information about or assistance with this Policy may be obtained from a variety of College resources, including the College’s Resource Coordinators, the Office of Human Resources and the Office of Equal Opportunity Programs and Minority Affairs. For counseling services, employees may also contact the Human Resources Office regarding the employee assistance program (EAP) and students may contact the Counseling and Substance Abuse Services for support regarding discrimination, harassment, abuse or retaliation. Discussions with representatives of EAP and/or the Counseling and Substance Abuse Services offices do not constitute a complaint to the College.

9. COLLEGE INITIATED ACTION

In circumstances when a report of inappropriate behavior is made, but the COMPLAINANT does not wish to pursue the matter, the College reserves the right to investigate the report and take appropriate action under this Policy.   The College is likely to make a decision to pursue such a matter if it determines, in the exercise of its discretion, that: (a) the allegations, if true, give reason to believe that the COMPLAINANT or other members of the College community may be at continued risk of victimization and/or that the College may be put at risk of legal liability; and (b) the COMPLAINANT is credible.

The College also reserves the right to receive and investigate, at the College's discretion, complaints or reports by persons external to the College community about conduct of a member of the College community alleged to be in contravention of this Policy.

10. STANDARDS 

There may be a violation of this Policy regardless of whether the underlying conduct is legally actionable.  A violation of this Policy will be deemed to exist if the material facts needed to establish a violation are deemed more probably true than not true.  (See Appendix D the Operating Procedures for Processing Initial Complaints Against Faculty and Administrative Staff.

11. WRITTEN REPORT/COMPLAINT

Once a COMPLAINT of discrimination or harassment has been made under this Policy, the COMPLAINANT may be asked to submit a written statement to the individual designated to investigate the COMPLAINT. The COMPLAINANT is expected to cooperate with the College's investigation including, but not limited to, preparation and submission of a comprehensive written complaint. The failure to submit a written complaint, however, will not be deemed as sufficient cause not to investigate a matter.

12. CONFIDENTIALITY

The College recognizes that confidentiality is important. Information gathered during an investigation shall be maintained as confidential to the extent reasonably possible and permitted under law. Examples of situations when confidentiality will not be maintained include circumstances when the College is required by law to disclose information (i.e., in response to legal process) or when disclosure is required by the College’s outweighing interest to protect the rights and safety of others.

13. NO RETALIATION

The College prohibits adverse treatment of employees or students for exercising their rights under this Policy. Any good faith report of discrimination and/or harassment, experienced or observed, should be made without fear of retaliation by the College.  RETALIATION AGAINST ANY EMPLOYEE OR STUDENT FOR FILING A COMPLAINT OR PARTICIPATING IN AN INVESTIGATION IN GOOD FAITH IS STRICTLY PROHIBITED BY LAW AND THIS POLICY. VIOLATORS WILL BE SUBJECT TO THE IMMEDIATE CONSIDERATION OF DISCIPLINARY AND/OR REMEDIAL ACTION THAT COULD INCLUDE SEPARATION FROM THE COLLEGE.

Intentionally making a false report or providing false or materially misleading information during an investigation also constitute grounds for discipline and/or remedial action.

14. INVESTIGATIVE PROCEDURES, DETERMINATIONS AND DISCIPLINARY/REMEDIAL ACTIONS

Alleged violations of this Policy shall be investigated, and the merits determined, in accordance with the Operating Procedures for Processing Initial Complaints Against Faculty and Administrative Staff. (See Appendix D)

15. COMPLIANCE COORDINATORS

The Director of Human Relations and Minority Affairs has been designated by the President of the College to be the compliance coordinator for those statutes listed below:

  • Title IX, Education Act Amendments of 1972
  • ADA/Rehabilitation Act of 1973
  • Age Discrimination Act of 1975

16. AFTER THE DECISION IS MADE

In the event the College determines that a corrective action is necessary, the accused individual may APPEAL the finding pursuant to the Operating Procedures for Processing Initial Complaints Against Faculty and Administrative Staff. (See Appendix D)

17. RESPONSIBILITY FOR POLICY MAINTENANCE

The Director of Human Relations and Minority Affairs, upon consultation with the Director of Human Resources, shall be responsible for the periodic review and maintenance of this Policy.  Such reviews shall take place no less frequently than once during each three year period and shall be provided to the PRESIDENT’S EXECUTIVE TEAM within seven calendar days of completion.

18. RECORDS

              18.1 Federal Requirements

In compliance with federal law and the College’s Program Participation Agreement with the U.S. Department of Education, the College’s Office of Institutional Research completes and submits surveys (Fall Enrollment Survey and Fall Staff) conducted as part of the Integrated Postsecondary Education Data System (IPEDS) reflecting racial/ethnic data on students and employees.

              18.2 State Requirements and Affirmative Action Plans

It shall be the responsibility of the Office of Equal Opportunity Programs and Minority Affairs to prepare and submit such affirmative action plans and reports as may be required under the laws of South Carolina.[4]  Prior to the submission of any such Plan, however, it shall be submitted for approval to the Director of Human Resources and the PRESIDENT’S EXECUTIVE TEAM.

19. AMENDMENTS

This Policy and Procedure may be amended at any time in accordance with the Colleges Campus Wide Policy Making Procedures.

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[1]  This Policy is based on statutes, rules, regulations of the Federal and State governments, interpretative case law, and   on government explanatory source materials.   Many of the provisions in this Policy are verbatim or paraphrased expressions of such materials.   However, while this Policy is fully consistent with the law, it is not identical to it.

[2] Employers should consult with the Office of Human Resources with respect to the re-employment rights of employees who serve in activity duty with a uniformed service.

[3]   This Policy repeals and supersedes in its entirety the Policy formerly entitled: "Reporting Responsibilities, Investigation and Complaint Resolution for Protected Status Discrimination and/or Harassment/Abuse".

[4] South Carolina law provides as follows:

§ 1-13-110. Affirmative action plans by State agencies; approval by Commission; action by General Assembly.
Each State agency shall develop an Affirmative Action Plan to assure equitable employment for members of minorities (race and sex) and shall present such Plans to the Human Affairs Commission. On or before February 1 of each year, the Human Affairs Commission shall submit a report to the General Assembly concerning the status of the Affirmative Action Plans of all State agencies. If any Affirmative Action Plans have been disapproved, the report shall contain the reasons for such disapproval. If the General Assembly takes no action within sixty (60) days on those Plans which have been disapproved, the action of the Human Affairs Commission shall be final.

Glossary

Glossary

Definitions: The definitions contained in this Policy will be interpreted and applied by the College in a manner that is consistent with applicable law, professional usage, and conventional understanding within the community.  In the event of any alleged conflict in meaning, statutory and legal interpretations shall prevail and be deemed controlling.

“APPEAL” – shall have the meaning ascribed to that term in Section 8.0 of the Operating Procedures for Processing Initial Complaints Against Faculty and Administrative Staff. (See Appendix D)

“CAMPUS COMMUNITY” or “COLLEGE COMMUNITY” – shall mean the students, faculty, and staff of the College, whether part-time, full time or temporary, the College Board of Trustees, visiting faculty, contractors and consultants performing work or performing services on College owned or leased property and all other invitees of the College.

"CHILD ABUSE OR NEGLECT" or "HARM" – means, with respect to a person under 18 years of age, conduct occurring when the parent, guardian, or other person responsible for the child's welfare:

A.  Inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:

(i) is administered by a parent or person in loco parentis;

(ii) is perpetrated for the sole purpose of restraining or correcting the child;

(iii) is reasonable in manner and moderate in degree;

(iv) has not brought about permanent or lasting damage to the child; and

(v) is not reckless or grossly negligent behavior by the parents.

B.  Commits or allows to be committed against the child a sexual offense as defined by the laws of this State [South Carolina] or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;

C.  Fails to supply the child with adequate food, clothing, shelter, or education as required under Article 1 of Chapter 65 of Title 59 [South Carolina Code Ann.], supervision appropriate to the child's age and development, or health care though financially able to do so or offered financial or other reasonable means to do so, and the failure to do so has caused or presents a substantial risk of causing physical or mental injury. However, a child's absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child's attendance, and those efforts were unsuccessful because of the parents' refusal to cooperate. For the purpose of this chapter "adequate health care" includes any medical or nonmedical remedial health care permitted or authorized under state law;

D.   Abandons the child;

E.  Encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval; or

F.    Has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.

COLLEGE” – shall mean the College of Charleston.

COMPLAINANT” – shall mean a person who makes a complaint, whether written or verbal, of facts that, if true, would constitute a violation of this Policy.

“COMPLAINT” – shall mean a verbal or written report of a potential violation of this Policy that is received by a “Designated Official” within the meaning of Section 2.0 of the Operating Procedures for Processing Initial Complaints Against Faculty and Administrators and Staff. (See Appendix D)

“DISABILITY” - shall mean, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

“GENETIC INFORMATION”

      (a) In general. The term "genetic information" means, with respect to any individual, information about--

               (i)   such individual's genetic tests,

               (ii)  the genetic tests of family members of such individual, and

               (iii) the manifestation of a disease or disorder in family members of such individual.

      (b) Inclusion of genetic services and participation in genetic research. Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.

      (c) Exclusions. The term "genetic information" shall not include information about the sex or age of any individual.

GENETIC MONITORING

 The term "Genetic Monitoring" means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace.

GENETIC SERVICES

The term "Genetic Services" means--

      (a)  a genetic test;

      (b) genetic counseling (including obtaining, interpreting, or assessing genetic information);          or

      (c) genetic education.

“GENETIC TEST”

      (a) The term "Genetic Test" means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.

      (b) Exceptions. The term "Genetic Test" does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes.

 “OFFICE OF LEGAL AFFAIRS” or “OLA” – means the Office of Legal Affairs of the College of Charleston.

“PRESIDENT’S EXECUTIVE TEAM” – shall mean such Executive Vice Presidents, Senior Vice Presidents, Executive and Senior staff as the President may, from time to time, designate.

“QUALIFIED INDIVIDUAL WITH A DISABILITY” -- Qualified individual with a disability means:

(a) With respect to any program or activity (except employment), an individual with a disability who, with or without reasonable modifications or aids, meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity.

(b) With respect to employment, a Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.[1]

“RESPONDENT” – means the person(s) named in a complaint who is accused of a violation of this Policy or who would be found to have violated the Policy if the material facts alleged in a complaint are determined to be more likely true than not true.

"UNIFORMED SERVICES" means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.

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[1]  Exceptions will be recognized to this definition that are consistent with Federal regulations (see e.g. 29 C.F.R. § 1630.3).