Category: Student Affairs
Covered Individuals: All CEI Employees and Students
Approved: 2019-11-13
Approved: 7/8/2022 (Procedure Only)
108.1 Policy
CEI is committed to maintaining a work environment that is free from harassment and unlawful discrimination. Harassment or discrimination based on age, race, color, creed, sexual orientation, religion, national origin, physical or mental disability, medical condition, veteran status, or gender is prohibited. Harassing conduct that affects tangible job benefits, interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment will not be tolerated by CEI. Violation of this policy shall be considered grounds for disciplinary action up to and including termination.
Sexual harassment is illegal. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other physical, verbal or visual conduct of a sexual nature. Such unwelcome conduct involving individuals of the same gender can also be sexual harassment, regardless of sexual orientation. Such conduct constitutes sexual harassment when any of the following are met:
• Submission to the conduct is an explicit or implicit term or condition of employment
• Submission to or rejection of the conduct is used as the basis for employment decisions affecting the individual
• The conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented “bantering” or “practical jokes,” jokes about gender specific traits, sexually oriented or obscene language or gestures, displays of foul or obscene printed or visual material, and unwelcome physical contact.
Inappropriate displays of physical affection or romantic intentions are to be avoided during work hours and while on or in CEI property, buildings, or vehicles, or at CEI sponsored events. In addition, romances between an employee and his/her immediate supervisor are prohibited.
Harassment or discrimination based on age, race, color, creed, sexual orientation, religion, national origin, physical or mental disability, medical condition, veteran status, gender, or any other protected class, includes behavior such as:
• Verbal conduct such as threats, epithets, derogatory comments, or racial slurs;
• Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures;
• Physical conduct such as assault, unwanted touching, or blocking normal movement; and
• Retaliation for reporting harassment or threatening to report harassment
108.2 Procedures
Anyone who is a victim of sexual harassment or any discrimination on the basis of gender should follow the policies and procedures found in Policy 601 regarding Title IX, Equity Resolution Process (ERP). Any employee who is a victim of any other harassment or unlawful discrimination should follow the guidelines for reporting as outlined in Policy 106 Grievance Procedure for All Personnel. If an employee feels it is necessary to bypass the grievance procedure, they may report the matter to the HR Vice President through the most confidential and direct means possible. The HR Vice President will assist the employee to determine an appropriate method for resolution.
If an employee so chooses, he/she may bypass the procedure entirely and file a complaint directly with the Idaho Human Rights Commission and/or the Equal Employment Opportunity Commission (EEOC).
If a foundation for the allegation exists, disciplinary action against the offending employee will follow. The disciplinary action will be commensurate with the scope and severity of the occurrence, and may include, but is not limited to, warnings, reprimands, demotion, suspension, or dismissal. If appropriate, the case will be referred to proper authorities.
If there appears to be no foundation to the allegations, the matter will be considered closed and all records of the allegation and the lack of foundation will be preserved in both the accused and the accuser’s personnel records. Bad faith allegations or misuse of this policy may result in disciplinary action against the accuser and may include, but is not limited to, warnings, reprimands, demotion, suspension, or dismissal.
All employees are responsible for helping to ensure that harassment and unlawful discrimination are avoided. Any employee aware of or suspecting the occurrence of harassment or unlawful discrimination is expected to report the matter to the HR Vice President through the most confidential and direct means possible and avoid discussing the matter with co-workers and persons not directly responsible for investigating the matter.
