Minnesota West Policies
Chapter 1 - General
1B.1.1 Equal Opportunity and/Nondiscrimination in Employment and Education
Part 1. Policy Statement
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, gender expression or membership or activity in a local commission as defined by law.
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 membership or activity in a local commission has no place in a learning or work environment and is prohibited. Sexual violence has no place in a learning or work environment. Further, Minnesota West shall work to eliminate violence in all its forms. Physical contact by designated college staff members may be appropriate if necessary to avoid physical harm to persons or property.
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 West will give due consideration to an individual’s constitutionally protected right to free speech and academic freedom.
This policy shall apply to all individuals affiliated with Minnesota West, including but not limited to, its students, employees, applicants, volunteers and agents and 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.
Part 2. Consensual Relationships. Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. An employee of Minnesota State Colleges and Universities shall not enter into a consensual relationship with a student or an employee over whom he or she exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority or influence. Employees who are members of the same household should also refer to Policy 4.13.
Part 3. Retaliation. Retaliation as defined below is prohibited. Any individual subject to this policy who intentionally engages in retaliation shall be subject to disciplinary or other corrective action as appropriate.
Retaliation includes, but is not limited to, intentionally engaging in any form of intimidation, reprisal or harassment against an individual because he or she
- made a complaint under this policy;
- 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;
- 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
- 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.
Approved by: Ron Wood, President
Date: July 1, 2003
History & Revision: March 1, 2013
Board of Trustees Policy 1B.1
Board Procedure 1B.1.1
Equal Opportunity and Nondiscrimination in Employment and Education Complaint Procedure