POLICY: Spoon River College (the “College”) is committed to fostering an environment that recognizes and respects individual and cultural differences. Each individual has the right to participate in a College environment that is free of discrimination, harassment, and retaliation. In accordance with applicable state and federal laws, the College prohibits all forms of discrimination and harassment. Any act of harassment and/or discrimination based on protected status, including race (which includes traits associated with race, such as hair texture and protective styles such as braids, locks, and twists), color, ancestry, national origin, religion, pregnancy, sexual orientation, order of protection status, gender identity and expression, age, marital status, disability, genetic information, unfavorable military discharge, military status, citizenship status, genetic information, sex (including sex-based harassment, sexual assault, domestic violence, dating violence, sexual violence, and stalking), or any other category protected by law is a violation of this policy and will not be tolerated.
Harassment is defined as unwelcome conduct, on the basis of an individual’s actual or perceived protected status that: (1) has the purpose or effect of substantially interfering with educational or work performance; or (2) has the purpose or effect of creating an intimidating, hostile or offensive educational or work environment. Harassing conduct may include but is not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes and display or circulation (including through e-mail) of written or graphic material that denigrates or shows hostility or aversion toward an individual or group.
In accordance with Title IX and the Education Amendments of 1972, and its corresponding regulations, and the College’s Policy Prohibiting Sex Discrimination, the College also prohibits all forms of sex discrimination, including discrimination and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and/or gender identity or expression, as well as sexual violence, domestic violence, dating violence, and stalking. Reports of alleged sex discrimination shall be directed to the College’s Title IX Coordinator and handled in accordance with the College’s Procedures Implementing the College’s Policy Prohibiting Sex Discrimination.
Retaliation against any person who, in good faith, makes an allegation of harassment or discrimination, participates in an investigation under this policy, or exercises any right under this policy is strictly prohibited. Allegations of retaliation will be investigated as a separate and distinct violation of this policy.
SCOPE:
This policy applies to all College employees, students, and Board members. In addition, visitors, vendors, contractors, volunteers, and all other non-employees are expected to recognize and comply with this Policy. This policy’s prohibitions may extend to conduct that occurs on campus, in any College-related setting, or in any off-campus College event or activity, such as during trips, conferences, meetings, athletic contests, or College-related social events.
DETAILS:
The College shall maintain procedures implementing this policy, which shall include the following:
Procedures for reporting allegations of discrimination and harassment;
The College’s response and investigation procedures;
Procedures for processing appeals; and
Contact information for reporting alleged discrimination and harassment.
The College will regularly advise employees, students, and other members of the College community of this policy prohibiting discrimination, harassment, and retaliation.
PROCEDURES IMPLEMENTING THE COLLEGE’S ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY 3.1.1:
Harassment: Harassment is defined as unwelcome conduct, on the basis of an individual’s actual or perceived protected status that: (1) has the purpose or effect of substantially interfering with educational or work performance; or (2) has the purpose or effect of creating an intimidating, hostile or offensive educational or work environment. Harassing conduct may include but is not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes and display or circulation (including through e-mail) of written or graphic material that denigrates or shows hostility or aversion toward an individual or group; conduct affecting tangible educational benefits; conduct interfering unreasonably with an individual's academic performance; and/or conduct creating what a reasonable person would perceive is an intimidating, hostile or offensive environment. Harassment as to students becomes unlawful where it interferes with an individual’s access to or participation in the educational programs and activities at the College. A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe or pervasive so as to interfere with, limit, or deny the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits, or opportunities. Merely offensive speech of a generic nature and not on the basis of a protected status does not rise to the level of unlawful harassment. Harassment can include verbal or non-verbal behavior that demeans or stereotypes individuals in a harmful way. While the College is committed to the principles of free inquiry and free expression, discrimination and harassment identified in this Policy and Procedures are neither legally protected expression nor the proper exercise of academic freedom. Examples of harassment may include, but are not limited to:
making a grading decision because of the person's protected status;
jokes or epithets about another person's protected status;
teasing or practical jokes directed at a person based on their protected status;
the display or circulation of written materials or pictures that degrade a person or group based upon a protected characteristic; and
verbal abuse or insults about, directed at, or made in the presence of an individual or group of individuals in a protected group.
Reporting Discrimination, Harassment, and Bias Incidents: Members of the College community who feel they have witnessed or been subjected to discrimination or harassment are highly encouraged to report the incident as soon as possible. For employees, reports should be made to the Human Resources Director. For students, reports should be made to the Dean of Student Services. In the event that a student reports an incident of bias to a member of the faculty or staff, that employee should encourage the student to report the incident to the Dean of Student Services. Board members and elected officials should report claims of harassment against a member of the Board to the President. The President shall ensure that an independent review is conducted with respect to such allegations.In addition, individuals covered by this policy may have a right to file claims of discrimination and harassment with the Illinois Department of Human Rights, the Equal Employment Opportunity Commission (“EEOC”), and/or the United States Department of Education’s Office of Civil Rights (“OCR”).Reports or complaints alleging acts of discrimination or harassment based on any status protected by applicable federal, state, or local law may be made online at the SRC Civil Rights/Title IX page using the Report Form or in person to any of the following offices:
Name of Office
Location
Phone
Human Resources Director
Canton Campus
(309) 649-6209
Dean of Student Services
Canton Campus
(309) 649-6329
Sex Discrimination: Sex discrimination is a specific form of discrimination and harassment. Information regarding sex discrimination and sex-based harassment, including the reporting procedures, can be found in the College’s Policy Prohibiting Sex Discrimination.For reports or complaints alleging acts of discrimination or harassment which are based on sex, sex characteristics, sex stereotypes, sexual orientation, pregnancy or related condition, or gender identity, please see the Spoon River College Policy Prohibiting Sex Discrimination and the College’s Procedures Implementing the Policy Prohibiting Sex Discrimination. College officials receiving reports alleging acts of discrimination or harassment based on these categories will refer those reports to the Title IX Coordinator.
Disability Discrimination and Accommodations: The College will fully comply with the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504), which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and its amendments, and Section 504 and it’s implementing regulations, a person has a disability if the individual has a physical or mental impairment that substantially limits a major life activity, such as hearing, seeing, speaking, breathing, performing manual tasks, walking, or caring for oneself.
Students with Disabilities: The College is committed to providing students with disabilities with reasonable accommodations and support needed to ensure equal access to the educational programs and activities of the College. All accommodations are made on a case-by-case basis. A student may request an accommodation or disability services by first contacting the Student Services Office located at the campus the student attends or will be attending. Student Services coordinates services for students with disabilities. Student Services reviews documentation provided by the student and, in consultation with the student, determines which accommodations and services are appropriate to the student’s particular needs and academic programs. Student Services then issues a Letter of Accommodation for each of the student’s instructors to give notice of the accommodation or service to be provided.
Employees with Disabilities: Pursuant to the ADA and Section 504, the College will provide reasonable accommodation(s) to all qualified employees with disabilities to enable them to perform the essential functions of the job, unless the requested reasonable accommodation would result in undue hardship to the College or cause a direct threat to health or safety. Employees requesting an accommodation may be required to provide medical certification from the employee’s health care provider that includes: (1) identification of the health care provider; (2) the health care provider’s diagnosis of the disabling condition; (3) specific limitations and/or suggested restrictions and their relation to the disability; and (4) suggested accommodations. An employee can request a reasonable accommodation by first contacting Human Resources. Requests for accommodations should be submitted on the forms provided by Human Resources. Human Resources will engage in an interactive process with the employee to determine the reasonable accommodation(s).
Reporting Disability Discrimination Complaints: With respect to complaints of disability discrimination, the Spoon River College ADA/504 Coordinator is responsible for coordinating efforts to comply with disability laws, including investigation of any employee or student complaint alleging noncompliance, denial of a reasonable accommodation, or excluding or denying individuals with disabilities from an equal opportunity to educational programs, benefits, and services. Such complaints or reports should be addressed to:
ADA/Section 504 Coordinator
Position:
Advisor / Disability Services & Probation
Address:
23235 N. County Hwy 22, Canton, IL 61520
Telephone:
(309) 649-6251
Confidentiality: All reports will be handled with discretion, care, and sensitivity, and the College will make every effort to respect requests for confidentiality, subject to the College's obligation to investigate and take appropriate action in response to complaints.
Investigation Procedures: Depending on the nature of the alleged Policy violation and whether the parties involved are faculty, staff, students, contractors, visitors, or guests, the individuals who will be responsible for investigating complaints may vary. In all cases, reports or complaints of alleged discrimination or harassment will be addressed promptly, fully, and fairly. The outcome of any investigation of alleged discrimination or harassment will be communicated to both parties in writing. Where discrimination and/or harassment is determined to have occurred, appropriate remedial, corrective, and/or disciplinary action will be taken.
Appeals: Any complainant or respondent may appeal to the College President if they disagree with the decision of the investigation and/or the corrective measures issued. An appeal must be based on one or more of the following grounds:
A procedural irregularity that would change the outcome of the decision;
New evidence that would change the outcome of the decision and that was not reasonably available when the decision was made; and/or
The individual who investigated and/or made the initial decision had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome of the decision.
A party wishing to appeal a decision must submit a written appeal request within seven (7) business days of the party’s receipt of the initial decision.
Within seven (7) business days after the College’s receipt of an appeal request, the appeal request and all relevant materials will be sent to the College President and will notify both parties in writing of the appeal. The written notice of appeal will also notify the parties of their reasonable and equitable opportunity to submit a statement in support of, or challenging, the initial decision that is the subject of the appeal.
Within ten (10) business days after the deadline for the parties to submit their statements in support of, or challenging the appeal, the College President will review the appeal and relevant materials and decide whether to affirm, reverse, or modify the initial decision. Within seven (7) business days after the conclusion of the review, the College President will notify both parties, in writing, of the result of the appeal and the rationale for the result. The College President’s decision is final.
Retaliation: It is a violation of College Policy to retaliate in any way against a person or persons because they have, in good faith, brought forth a complaint under these policies or have assisted or participated in any manner in an investigation or proceeding under this Policy. This includes action taken against a bystander who stopped or attempted to stop conduct prohibited under this Policy. Retaliation may take many forms, and may include intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from exercising rights secured by this Policy. Whistleblower protections are also available under the State Officials and Employees Ethics Act, the Whistleblower Act, and/or the Illinois Human Rights Act.The College will take immediate and responsive action upon receiving any report of retaliation and may pursue disciplinary action as appropriate. The College will annually advise students, employees, faculty, administrators, staff, and other members of the College community of its policy prohibiting discrimination, harassment, and retaliation.
Disciplinary Actions or Sanctions: The College may issue appropriate discipline or sanctions to individuals determined to have violated this Policy. Student sanctions may be referred to the Dean of Student Services for action. Employee Discipline may be referred to the employee’s supervisor and Human Resources for determination and action. Complaints against an employee may result in disciplinary action up to and including discharge in accordance with the Progressive Discipline Policy 3.5.13. Complaints against students may result in sanctions up to and including expulsion in accordance with Spoon River College Code of Conduct. In the event of policy violations, a number of factors will be considered in determining appropriate discipline or remedial action, including the nature of the violation, the severity of the conduct, and the pervasiveness of the conduct. Nothing in this procedure limits the College’s right to take appropriate disciplinary actions, up to and including termination, when an employee’s behavior warrants the action.
False Reports: Given the possibility of serious consequences for an individual accused of discrimination or harassment, knowingly making a false report of discrimination or harassment is considered severe misconduct and may result in disciplinary action, up to and including termination and/or expulsion from the College as determined by such administrative or Board action as is required by law, Board policy and procedure, and/or collective bargaining agreement.
Records Maintenance: The College will maintain documentation and records regarding alleged incidents of discrimination and harassment and their resolution in a manner that protects the confidentiality of the parties involved, complies with the Family Educational Rights and Privacy Act (FERPA), and, as legally permissible, excludes personally identifiable information about victims of bias incidents. If a student, faculty, or staff member has been found responsible for an incident of discrimination or harassment, that finding shall remain a part of that student’s or employee’s record.
Campus Resources: The following College offices are available for any employee or student who may wish to seek assistance regarding an incident discrimination and/or harassment:
Name of Office
Location
Phone
Human Resources Director
Canton Campus
(309) 649-6209
Dean of Student Services
Canton Campus
(309) 649-6329
External Resources: In addition to the College’s response to acts of discrimination, harassment and bias, the following federal, state and local organizations may be resources for investigating and responding to acts of hate, prejudice and bias:
Office for Civil Rights, National Headquarters U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg 400 Maryland Avenue, SW Washington, DC 20202-1100 Telephone: 800-421-3481 FAX: 202-453-6012; TDD: 800-877-8339 Email U.S. Office for Civil Rights
Office for Civil Rights, Chicago Office U.S. Department of Education Office for Civil Rights John C. Kluczynski Federal Building 230 S. Dearborn Street, 37th Floor Chicago, IL 60604 Telephone: 312-730-1560 FAX: 312-730-1576; TDD: 800-877-8339 Email Chicago Office for Civil Rights
Illinois Human Rights Commission Michael A. Bilandic Building 160 North LaSalle Street, Suite N-1000 Chicago, Illinois 60601 Tel: 312-814-6269 TDD: 866-832-2298 Fax: 312-814-6517
Illinois Department of Human Rights 555 West Monroe Street, Suite 700 Chicago, IL 60661 (312) 814-6200 (866) 740-3953 (TTY) (312) 814-6251
Equal Employment Opportunity Commission, Chicago Office JCK Federal Building 230 S Dearborn Street (Suite 1866) Chicago, IL 60604 Phone: 312-872-9777 Fax: 312-588-1260
Local Law Enforcement Canton Police Department (309) 647-5131 Fulton County Sheriff’s Office (309) 547-2277 Havana Police Department (309) 543-3321 Macomb Police Department (309) 833-4505 Rushville Police Department (217) 322-6633
Changes to these Procedures: The College reserves the right to make adjustments and changes in this protocol at any time.