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137 - Nondiscrimination in Employment and Education Policies and Reporting Procedures (students)

Responsible Office: Student Success
Responsible Officer: Title IX Officer
Related Minnesota State Board Policy: 1B.1 Equal Opportunity and Nondiscrimination in Employment and Education
Related Minnesota State Board Procedure: N/A
Legal References: N/A

Part 1. Policy

Subpart A. Equal opportunity for students and employees.

Minnesota State College Southeast is committed to a policy of equal opportunity and nondiscrimination in employment and education.

Subpart B. Nondiscrimination.

No person shall be discriminated against in the terms and conditions of employment, personnel practices, or access to and participation in, programs, services, and activities with regard to race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, gender identity, or gender expression. In addition, discrimination in employment based on familial status or membership or activity in a local commission as defined by law is also prohibited.

Harassment of an individual or group on the basis of race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, gender identity, gender expression, or familial status is prohibited. Harassment may occur in a variety of relationships, including faculty and student, supervisor and employee, student and student, staff and student, employee and employee, and other relationships with persons having business at, or visiting the educational or working environment.

This policy is directed at verbal and physical conduct that constitutes discrimination/harassment under state and federal law and is not directed at the content of speech. In cases in which verbal statements and other forms of expression are involved, Minnesota State College Southeast will give due consideration to an individual's constitutionally protected right to free speech and academic freedom. However, discrimination and harassment are not within the protections of academic freedom or free speech. The college shall maintain and encourage full freedom, within the law, of expression, inquiry, teaching and research. Academic freedom comes with a responsibility that all members of our education community benefit from it without intimidation, exploitation or coercion.

This policy shall apply to all individuals affiliated with the college, including but not limited to, its students, employees, applicants, volunteers, and agents, and is intended to protect the rights and privacy of both the complainant and respondent and other involved individuals, as well as to prevent retaliation or reprisal. Individuals who violate this policy shall be subject to disciplinary or other corrective action.

This policy supersedes all existing system and college equal opportunity and nondiscrimination policies.

Part 2. Definitions.

Subpart A. Consensual Relationship.

Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. Employees who are members of the same household should also refer to the Board Policy 4.10, of Trustees Nepotism policy 4.10.

Subpart B. Discrimination. 

Discrimination means conduct that is directed at an individual because of their protected class and that subjects the individual to different treatment by agents or employees so as to interfere with or limit the ability of the individual to participate in, or benefit from, the services, activities, or privileges provided by the college or otherwise adversely affects the individual's employment or education.

Subpart C. Discriminatory harassment.

Discriminatory harassment means verbal or physical conduct that is directed at an individual because of their protected class, and that is sufficiently severe, pervasive, or persistent so as to have the purpose or effect of creating a hostile work or educational environment.

As required by law, the college further defines sexual harassment as a form of sexual discrimination which is prohibited by state and federal law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, 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 education, evaluation of a student's academic performance, or term or condition of participation in student activities or in other events or activities sanctioned by the college; or
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions or other decisions about participation in student activities or other events or activities sanctioned by the college; or
  3. Such conduct has the purpose or effect of threatening an individual's employment; interfering with an individual's work or academic performance; or creating an intimidating, hostile, or offensive work or educational environment.

Subpart D. Employee.

Employee means any individual employed by the college, including all faculty, staff, administrators, teaching assistants, and student employees.

Subpart E. Protected class.

For purposes of this policy:

  1. Protected class includes race, sex, color, creed, religion, age, national origin, disability, marital status, status with regard to public assistance, sexual orientation, gender identity, or gender expression. In addition, familial status and membership or activity in a local human rights commission are protected classes in employment.
  2. This policy prohibits use of protected class status as a factor in decisions affecting education and employment where prohibited by federal of state law.

Subpart F. Retaliation.

Retaliation includes, but is not limited to, intentionally engaging in any form of intimidation, reprisal or harassment against an individual because they:

  1. Made a complaint under this policy;
  2. Assisted or participated in any manner in an investigation, or process under this policy, regardless of whether a claim of discrimination or harassment is substantiated;
  3. Associated with a person or group of persons who are disabled or are of a different race, color, creed, religion, sexual orientation, gender identity, gender expression, or national origin; or
  4. Made a complaint or assisted or participated in any manner in an investigation or process with the Equal Employment Opportunity Commission, the U.S. Department of Education Office for Civil Rights, the Minnesota Department of Human Rights or other enforcement agencies, under any federal or stated nondiscrimination law, including the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; the Minnesota Human Rights Act, Minn. Stat. Ch. 363A, and their amendments.

Retaliation may occur whether or not there is a power or authority differential between the individuals involved.

Subpart G. Sexual harassment and violence as sexual abuse.

Under certain circumstances, sexual harassment or violence may constitute sexual abuse according to Minnesota law. In such situations, the system office and colleges and universities shall comply with the reporting requirements in Minnesota Statutes Section 626.556 (reporting of maltreatment of minors) and Minnesota Statutes Section 626.557 (Vulnerable Adult Protection Act). Nothing in this policy will prohibit any college or university or the system office from taking immediate action to protect victims of alleged sexual abuse. Board Policy 1B.3 Sexual Violence addresses sexual violence.

Subpart H. Student. 

For purposes of this policy, the term "student" includes all persons who:

  1. Are enrolled in one or more courses, either credit or non-credit, through a college;
  2. Withdraw, transfer or graduate, after an alleged violation of the student conduct code;
  3. Are not officially enrolled for a particular term but who have a continuing relationship with the college;
  4. Have been notified of their acceptance for admission or have initiated the process of application for admission or financial aid

Part 3. Consensual Relationships. 

An employee of the college shall not enter into a consensual relationship with a student or an employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence. In the event a relationship already exists, the college shall develop a procedure to reassign evaluative authority as may be possible to avoid violations of this policy. This prohibition does not limit the right of an employee to make a recommendation on personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or compensation plan.

Part 4. Retaliation. 

Retaliation as defined in this policy is prohibited in the college. Any individual subject to this policy who intentionally engages in retaliation shall be subject to disciplinary or other corrective action as appropriate.

Part 5. Policies and procedures. 

The chancellor shall establish procedures to implement this policy. The equal opportunity and nondiscrimination in employment and education policy and procedures of colleges and universities shall comply with Board Policy 1B.1 and Procedure 1B.1.1.

Detailed definitions, policies and procedures for Board Policy 1B.1 Nondiscrimination in Employment and Education Opportunity, Procedure 1B.1.1 Report/Complaint of Discrimination, Harassment/Investigation and Resolution, and Sexual Violence Policy 1B.3 can be reviewed online at: 

Any individual who believes they have been, or are being, subjected to harassment, discrimination or sexual violence is encouraged to report the incident to the designated officer: Kenneth White, Dean of Students and Title IX Coordinator, 507-453-1422 or [email protected]. For harassment and discrimination concerns between colleagues, employees may contact Megan Zeches, Chief Human Resources Officer at 507-453-2673, or at [email protected].

Administrators and supervisors shall refer allegations of conduct that they reasonably believe may constitute discrimination or harassment under Board Policy 1B.1 to the designated officer, or in consultation with the designated officer may inquire into and resolve such matters.

 

Approved: June 17, 1997
Reviewed: October 23, 2013; May 13, 2020; September 16, 2020
Revised: February 15, 2000; June 30, 2004; December 10, 2008; December 28, 2010; May 13, 2020; September 16, 2020; April 27, 2022