I. PURPOSE 
Harassment and discrimination, including sexual harassment and other forms of offensive behavior that constitute harassment or discrimination as defined in this procedure and will not be tolerated at Central Wyoming College. CWC has the legal duty to ensure a workplace free of harassment and discrimination. 

This procedure applies to all employees, students, volunteers, concurrent instructors, contractors, applicants, visitors, vendors, or any other person whose conduct has the ability to impact the working or learning environment of CWC students or employees. 

This procedure also prohibits the retaliation against any individual or group of individuals who report, witness, or participate in an investigation of conduct that may violate this procedure. ¹

All non-consensual romantic/sexual relationships are prohibited.  Consensual romantic or sexual relationships, or consensual sexual interactions among college employees, or among employees and students,  can create questions of the ability of all parties to consent, conflicts of interest, and/or the appearance of impropriety when a power imbalance exists (as defined in the associated process of this procedure) between the individuals in the relationship.  

As a result, the college has enacted this procedure to provide a framework by which potential conflicts can be identified and appropriately managed.

II. PROCEDURE

A.  Definitions:  Specific definitions relating to this procedure will be maintained by the procedure stewards in the associated process for this procedure.  All such definitions will conform to the current federal, state and other legal requirements of the college, and most specifically with the definitions of legally binding regulations of the U.S. Equal Employment Opportunity Commission (EEOC).

B.  Prohibition:  This procedure prohibits every instance of conduct which constitutes harassment and/or discrimination as defined in this procedure.

C.  Responsibilities:

a.  Prevent:  All employees and students share the responsibility of understanding, preventing, and never engaging in harassment, discrimination and/or offensive behavior. 
b.  Train:  Employees are required to complete periodic (see process for current interval) training to maintain awareness of CWC’s procedures on harassment/sexual harassment and discrimination. Student training requirements on harassment and discrimination will be determined by the Chief Student Officer (CSO designated here: 2.2 Organization).
c.  Report:  It is the responsibility of all CWC employees, students, and other members of the college community to report any behavior they believe violates this procedure as noted in II. E. a. and b. below.
d.  Disclose:  Employees involved in a consensual romantic/sexual relationship with another employee or a student are required to disclose the relationship as noted in II. D a-f. below.
e.  Participate in Investigation:  All complaints will be handled in accordance with the requirements of applicable law and this college procedure. Employees are required, and students strongly encouraged, to participate in any investigative or inquiry process conducted by the college and/or local law enforcement relating to a report, observation, or allegation of conduct which violates this procedure.  See II. E. d. below.
f.  Preserve Confidentiality:  College employees are required, and students strongly encouraged, to preserve confidentiality of any information resulting from their participation in such inquiries.  See II. F. a-f. below.
g.  Never Retaliate:  All individuals are prohibited from any retaliatory behavior against any individual who, in good faith, reports conduct prohibited by this procedure, or who participates or assists in the investigation of a complaint of such conduct.  See II. G below.
h.  Acknowledge:  All employees are required to acknowledge they have read and understand this procedure as noted in the associated process for this procedure.

D.  Romantic/Sexual Relationships 

a.  All non-consensual romantic/sexual relationships are prohibited.
b.  Given the potential for power imbalances in some romantic/sexual relationships between employees, as well as some student relationships with faculty/staff, questions may arise about the ability of all parties to effectively consent.  For this reason, all relationships meeting the criteria of (c)-(d) below must be DISCLOSED to the college.  This is required so the college can ensure the safety of community members and identify and address relationships that may create power imbalances that may influence the effectiveness of consent and create risk for the college. Failure to disclose a relationship within the parameters described below may result in disciplinary action, up to and including termination of employment
c.  DISCLOSURE is REQUIRED whenever a romantic/sexual relationship involves:

i.  Two or more current employees of the college, if any involved employee:

1.  directly supervises or is in the supervisory chain of any other involved employee; or,
2.  is a member of the President’s Cabinet  as defined in the associated process for this procedure;

or,
ii.  One or more employees of the college and one or more students of the college if

1.  Any involved employee holds any faculty rank (Procedure 7.8.4 Faculty Ranking) for which any involved student is:

a.  currently enrolled in any course section for which the employee is assigned as an instructor; or,
b.  assigned as an advisee of the employee;

2.  Any involved employee is a member of the President’s Cabinet; or,
3.  Any employee holds the following positions or a position as noted in the associated process for this procedure;

a.  Any Dean (Academic Dean, Dean of Students, etc)
b.  Professional advisors
c.  Success coaches
d.  Counselor
e.  Financial Aid personnel
f.  Registrar
g.  International student advisors
h.  Human Resources personnel
i.  Housing Director for any student that lives in CWC Housing (including ASI)
j.  ASI Housing Manager for any student that lives in ASI Housing
k.  Head Coach and/or Assistant Coach(es) for any student that person coaches
l.  College sanctioned club advisors for any student that is involved in the club.

or,
iii.  A new employee of the college that was involved in a romantic/sexual relationship with employees(s) as noted in paragraph D. c. (i) above or student(s) as noted in paragraph D. c. (ii) above within the previous 12 months of hire.

d.  If an employee sits on a hiring committee and that employee is involved in a romantic/sexual relationship with any applicant for the position, or was involved in such a relationship within the previous 12 months, the employee must resign from the hiring committee.  If the relationship ended prior to 12 months ago, the relationship must be disclosed to HR to determine if committee membership can be maintained.
e.  No other romantic/sexual relationships need be disclosed to the college.
f.  The employees noted in D. c. ii 1-3 above are prohibited from engaging in a romantic/sexual relationship with any student that did not exist prior to the:

i.  employee being hired, or 
ii.  the student

1.  registering for the class if employee is part of D.c. ii 1, 
2.  enrolling in the college if employee is part of D.c.ii 2-3 and becoming a student.

g.  Employee(s) involved in the romantic/sexual relationship who are required to disclose the relationship must disclose the relationship to either:

i.  human resources; or
ii.  the employee’s supervisor who in turn must report it to HR

h.  Once disclosed, college human resource personnel will determine if a power imbalance exists in the romantic/sexual relationship.

i.  If there is no such imbalance, no further action is required other than HR maintaining awareness of the relationship should the role of the employee(s) change in the future that might result in a power imbalance at that time;
ii.  If HR determines that a power imbalance does exist, a mitigation plan will be required of the employee(s) involved in the relationship.  The associated process for this procedure will outline requirements of the plan, and any requirements for review of the plan from time-to-time.
iii.  Failure to disclose, or to follow the written mitigation plan as described above, shall be considered a violation of this procedure and may subject an employee to disciplinary action up to and including termination.
iv.  Employees are not required to disclose if/when a disclosed romantic/ sexual relationship ends, but may choose to do so.  Should they do so, HR is no longer required to maintain awareness once 12 months have passed.

E.  Harassment/ Discrimination

a.  Any employee of CWC who observes, or is subject to, any conduct the employee believes violates this procedure - regardless of the seriousness - is  required to report the conduct as noted in the associated process for this procedure.
b.  Any student of CWC who observes, or is subject to, any conduct the student believes violates this procedure - regardless of the seriousness - is  strongly encouraged to report the conduct to any college employee of their choosing. That college employee is required to immediately report that information as noted in the associated process for this procedure. 
c.  Appropriate CWC personnel will promptly, and without prejudice, investigate all reported conduct that allegedly violates this procedure.  In certain circumstances, outside contractors may be retained by the college to conduct the investigation.  
d.  All employees are required, and students strongly encouraged, to participate in any investigative or inquiry process conducted by the college and/or law enforcement relating to a report, observation, or allegation of conduct which violates this procedure.
e.  Upon the recommendation of the Director-Human Resources and the approval of the college president, or designee, employee(s) may be placed on paid administrative leave pending the completion of the investigation.
f.  Upon the recommendation of the Chief Student Officer and the approval of the Chief Academic Officer, student(s) may be granted or required to accept learning accommodations pending the completion of the investigation.
g.  Upon completion of the investigation, if the alleged harasser is:

i.  An employee:  The college president, upon the recommendation of the Director-Human Resources, will make a determination as to whether the conduct substantiated through the investigation violated this or other college policy or procedures. If warranted, disciplinary action will be taken up to and including termination of employment.
ii.  A student:  The Chief Student Officer will make a determination as to whether the conduct substantiated through the investigation violated this or other college policy or procedures as noted in the Student Handbook. If warranted, disciplinary action will be taken in accordance with the college’s disciplinary procedure(s), up to and including expulsion from the college.
iii.  An individual who is neither a student nor an employee:  If that individual is found to have harassed or discriminated against another member of the college community, appropriate action will be taken, up to and including issuing a no-trespass order to the individual and/or reporting to appropriate law enforcement authorities.

h.  Any employee or student, who is found to have knowingly made a false accusation(s) or false statement(s) in the investigation process, will be subject to appropriate disciplinary action up to and including termination/expulsion.

F.  Confidentiality:  The college recognizes that involved parties may be concerned about the confidentiality of information they report, and will strive to preserve confidentiality to the fullest extent possible consistent with the need to  investigate and take action to stop violations of this procedure.  As such, information may be shared with individuals directly involved - including the reporter and respondent of a report of harassment and/or discrimination, college personnel receiving, managing, and investigating any report or disclosure, and other individuals with a need-to-know in implementing mitigating measures, etc.  Sharing of information to other persons must be authorized by the college president or when required under subpoena in a court of jurisdiction.

a.  While the confidentiality of the information received, the privacy of the individuals involved, and the wishes of all involved individuals cannot be guaranteed in every instance, they will be protected to the greatest extent possible consistent with the college’s duties to investigate and take corrective action, when appropriate.  
b.  Failure by any employee of the college to maintain such confidentiality is a violation of this procedure, and will result in disciplinary action up to and including termination.  Students will be asked to maintain confidentiality, but the college cannot require them to do so.
c.  Disclosure of romantic/sexual relationships:  

i.  HR staff shall make every effort to preserve confidentiality of employees and others involved in the disclosed relationship.  If mitigating measures are required, HR may disclose such information only to those individuals with a need to know in order to implement such measures.
ii.  All parties of the romantic/sexual relationship, upon request, will be given a list of all individuals aware of their disclosure.

d.  Reports of Harassment or Discrimination:  All college personnel shall make every effort to preserve confidentiality of reporting and responding individuals. 

i.  College employees will only share reporter and respondent names and other pertinent information with those individuals necessary to adequately investigate and address any potential harassment and/or discrimination. 
ii.  College employees are required to preserve confidentiality of any information resulting from their participation in any investigative or inquiry process conducted by the college and/or local law enforcement relating to a report, observation, or allegation of conduct which violates this procedure.  Likewise, students are strongly encouraged to preserve confidentiality of any such information, but the college cannot require them to do so.

e.  All documents relating to disclosure of romantic/sexual relationships or reports of possible harassment or discrimination, including initial reports, any notes or documents written by or received by the individual(s) conducting the investigation, and any documents or notes relating to the resolution of the matter, as well as any documents regarding possible appeals, will be kept confidential as long as doing so does not violate state or federal law.  
f.  The associated process of this procedure will include retention requirements of all such written documents.

G.  Retaliation:  An individual who, in good faith discloses a consensual romantic/sexual relationship, reports conduct prohibited by this procedure, or who participates or assists in the investigation of a complaint of harassment or discrimination, shall not be subject to any adverse action as a result of their report or participation in the investigation.  Any individual who feels he or she has been subjected to such retaliation should make a report as noted in the associated process for this procedure.

III.  PROCESS REQUIREMENTS

The procedure stewards for this procedure will implement a process that:
A.  Applies to all members of the college community as noted in I. Purpose above;
B.  Meets all federal, state, and local laws and regulations;
C.  Is well researched and meets current best practices for an institution of higher education; and,
D.  Includes the following minimum requirements:

a.  Balances confidentiality and due process requirements; and,
b.  Uses the “preponderance standard” for evidence in making a determination of fact; and, 
c.  Does not require any reporter to file a police report to initiate an investigation by the college for possible violation of this procedure; and,
d.  Any and all complaints of potential violation of this procedure will result in an investigation in compliance with this procedure. 

E.  Lists specific, non-credit offerings of the college for which the definition Student does not apply.

ENDNOTES:
¹ Reference Whistleblower Procedure should one exist in the future.