D. Freedom From Sexual Harassment

Students are protected from sexual harassment by Board of Education policies, state and federal statutes.

Sexual harassment is defined as follows. "Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature whereby:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic success,

2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision, such as promotion and benefits or grades, affecting such individual, or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or create an intimidating, hostile or offensive working or learning environment."

The key element in sexual harassment is that the actions, words, conduct, etc. involved are unwelcome to the recipient. Sexual jokes, comments or innuendo are examples of possible sexual harassment. If a BMCC student believes that he/she is the subject of sexual harassment, it is recommended he/she take personal responsibility to make sure the alleged harasser is told that the activity or comments are not welcome and also take personal responsibility not to engage in conduct which reasonably leads another person to believe that sexual comments or innuendoes are enjoyed or encouraged.

A student who believes he/she has been subjected to sexual harassment by employees, including instructors/faculty, or visitors, should report the alleged act immediately to the Human Resources Office, located in Morrow Hall at 2411 NW Carden Ave., Pendleton, Oregon 97801; Telephone:(541-278-5850). Students who believe they have been subjected to sexual harassment by other students should report the alleged act immediately to one of the following individuals: the Associate Vice President of Enrollment Management (541-278-5774) or the Executive Vice President (541-278-5796) at 2411 NW Carden Ave., Pendleton, Oregon 97801. Only the Human Resources Office, the Executive Vice President, and the Associate Vice President of Enrollment Management are authorized to investigate or delegate the investigation of sexual harassment allegations.

In order to minimize the potential for sexual harassment, students are strongly discouraged from dating faculty members who teach a class in which they are enrolled.

Student complainants have additional options outside the College's internal procedures. Under Title IX, students may file a complaint with the Civil Rights Division of the Oregon Bureau of Labor and Industries within one year of the alleged discrimination or harassment or with the Office of Civil Rights in Seattle within 180 days of the alleged act of discrimination or harassment. There also is a private right of action to bring a civil lawsuit in federal court.

For additional information, see BMCC's web site, which contains Students Right to Know information, or contact your advisor, Student & Enrollment Services, or any college administrator.