Title: Anti-Harassment and Nondiscrimination
Number: BP 4.02
Adopted: March 1995
Reviewed: September 2020
Revised: August 2020
Nicolet Area Technical College maintains fair and impartial relations with employees, applicants for employment, and students without regard to race, color, creed, national origin, religion, sex, disability, age, arrest record, conviction record, political affiliation, marital status, sexual orientation, gender identity, ancestry, membership in the national guard, state defense force, or any reserve component of the military forces of the United States and of this state, or the use or non-use of lawful products off the employer’s premises during non-working hours.
Nicolet Area Technical College seeks continuous compliance with the following laws: Title VI and VII of the 1964 Civil Rights Act as amended, Age Discrimination in Employment Act of 1975, the Americans with Disabilities Act of 1990, Equal Pay Act of 1963 as amended, Title IX of the 1972 Education Amendments, Section 504 of the 1973 Rehabilitation Act, Wisconsin Fair Employment Law, the 1976 Vocational Education Amendments, and the Office of Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex and Handicap in Career and Technical Education Programs (34 CFR, Part 100, Appendix B).
All educational programs and related support services and benefits will be administered in a manner which does not unlawfully discriminate.
In compliance with Federal and State law, Nicolet Area Technical College will not tolerate harassment by its employees or non-employees. Pursuant to Title VII of the 1964 Civil Rights Act as amended, the following forms of harassment are prohibited. Nicolet Area Technical College prohibits harassment by supervisors, co-workers, and non-employees on the basis of sex, race, color, national origin, disability, sexual orientation, gender identity, military status or any other protected status.
The College also prohibits sexual violence, unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or otherwise offensive nature where:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
2. Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment (i.e., performance appraisals, compensation, advancement, or any other term or condition of employment or career development); or
3. Such conduct, determined by a reasonable person that has the purpose or effect of creating an intimidating, or hostile, or objectively offensive working environment.
Also included is the prohibition of the introduction of unwarranted and harmful emphasis on the sex of a student in a formal student/institutional relationship, including but not limited to student/faculty, student/counselor or student/administrator, the intent or effect of which is to create an intimidating, hostile, or offensive academic environment.
Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following:
- Unwanted or offensive comments, slurs, jokes, letters, poems, or e-mail or voice-mail messages regarding race, color, religion, sex, national origin, age, disability, or any other legally protected status.
- Foul or obscene language.
- Sexually oriented or explicit remarks, including written or oral references to sexual conduct, gossip regarding one’s sex life, body, sexual activities, deficiencies, or prowess.
- Questions about one’s sex life or experiences.
- Repeated unwelcome sexual flirtations or repeated unwelcome requests for dates.
- Suggestive or sexually explicit posters, calendars, photographs, graffiti, or cartoons.
- Inappropriate touching, such as rubbing or massaging someone’s neck or shoulders, stroking someone’s hair, brushing against another’s body, grabbing, groping, kissing, or fondling.
- Leering, staring, stalking.
- Sexual favors in return for employment rewards, or threats if sexual favors are not provided.
Sexual violence including rape, assault, battery, and coercion.
Sexual Harassment under Title IX: Conduct that satisfies one or more of the following:
- A Nicolet College employee conditions the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct (quid pro quo harassment);
- Unwelcomed conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity;
- Sexual assault, including the following:
- Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.
- Sexual assault with an object
- Statutory rape
- Dating violence
- Domestic violence
Any employee who experiences any job-related harassment based on race, color, religion, sex, national origin, age, disability, or status in any group protected by state or local law, or believes that he or she has been treated in an unlawful, discriminatory manner should immediately report any such incident to the employee’s supervisor or the Vice President of Finance and Administration. Employees filing discrimination or harassment complaints should follow the process in the Discrimination Complaint Resolution Policy.
The College treats all claims of harassment and discrimination seriously. All complaints will be investigated promptly and all actions taken to resolve such complaints shall be conducted as confidentially as possible. The College strictly prohibits any form of retaliation against any employee for filing a complaint or for assisting in a complaint investigation. Any employee who believes that he or she has been subjected to retaliation in violation of this policy should immediately report the retaliation to the Vice President of Finance and Administration.
Any questions concerning Affirmative Action or Equal Opportunity should be directed to the EEO Officer,
Nicolet Area Technical College, PO Box 518, Rhinelander, WI 54501.
Telephone (715) 365-4553; direct
TTY/TDD calls to (715) 365-4448 through 711 relay or 1-800-947-3529
Any employee who is found, after appropriate investigation, to have violated this policy will be subject to appropriate action, up to and including terminatio.