Discrimination and Harassment Policies

The National Labor College (NLC) is committed to providing all of its staff, faculty, students and participants with a work and academic environment that is free from discrimination and harassment.  The NLC does not discriminate because of race, religion, creed, color, sex, age, national origin, sexual orientation, physical or mental disability or handicap, marital status, any other basis prohibited by law, or protected activity under the antidiscrimination statutes (that is, opposition to prohibited discrimination or participation in the statutory complaint process). 

In keeping with this policy, the NLC reaffirms that it will not tolerate discrimination or harassment in any form.  This prohibition covers discrimination or harassment by a staff member, faculty member, student, participant or vendor toward a staff member, faculty member, student or participant, including conduct by a staff member or faculty member toward another staff member or faculty member or conduct of a student, staff member or faculty member toward a student or participant.

As a means to ensuring an environment that is free from discrimination and harassment, the NLC has established a formal procedure for the handling of all complaints of discrimination or harassment.

This procedure for the handling of complaints of discrimination or harassment is intended to supplement ¾ not to replace or supersede ¾ the other procedures available to employees under an applicable collective bargaining agreement, Title VII of the Civil Rights Act of 1964, the Maryland Human Relations Act or otherwise, or to students under Title VI of the Civil Rights Act of 1964 or otherwise.  A staff member, faculty member, student or participant who believes he or she is the victim of such harassment may file a complaint with the Equal Employment Opportunity Commission (Title VII) or the Office for Civil Rights of the U.S. Department of Education (Title IX), as applicable. A staff member also may file a grievance under any applicable collective bargaining agreement or a complaint with the Maryland Human Relations Commission.

Definition of Sexual Harassment

Sexual harassment (1) can take many forms – including unwelcome sexual advances, requests for sexual favors and other communicative or physical conduct of a sexual nature, (2) can involve behavior by a person of either gender against a person of the same or opposite gender and (3) may, depending on the circumstances, include conduct of a staff member, faculty member, student, participant or vendor toward a staff member, faculty member, student or participant, including conduct of a staff or faculty member toward another staff or faculty member, or conduct of a staff or faculty member toward a student or participant. Unwelcome sexual conduct constitutes harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic participation;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or academic participation or creating an intimidating, hostile or offensive working or academic environment.

Complaint and Investigation Procedure

• General Principles

The NLC strongly encourages you to come forward with a complaint at the earliest possible point, for example, before harassment becomes severe and pervasive.  The NLC is committed to stopping harassment even if the conduct has not risen to the level of a violation of law.       

Efforts will be made to investigate and resolve complaints promptly, thoroughly, and impartially, and in as confidential a manner as is possible consistent with proper investigation of the complaint. 

If a person is accused of discrimination or harassment, he or she shall not play any role in administering or making decisions under this procedure.

It is the responsibility of all managers and supervisors who learn of, receive a complaint of, or witness possible discrimination or harassment to report this information to the Director of Human Resources.  (If the Director of Human Resources is the person accused of discrimination or harassment, the report shall be made to the Provost or a Deputy Provost.)  Failure to so report is itself a serious matter and may be grounds for discipline up to and including termination or expulsion.

There will be no retaliation or other adverse action against individuals who make good faith complaints or who in good faith provide information in the course of the investigation of such complaints.  Retaliation or other adverse action against an individual for having complained of discrimination or harassment, or against an individual who provided information during the investigation, can also be the subject of a complaint under this procedure.  If such retaliation or other adverse action in fact occurred, prompt and appropriate corrective action will be taken and appropriate discipline or sanctions imposed, up to and including termination or expulsion.

If an individual is determined to have engaged in discrimination or harassment, appropriate corrective action will be taken promptly, and appropriate discipline or sanctions will be imposed, up to and including termination or expulsion. 

• The Complaint and Investigation Procedure

The procedure for dealing with complaints of discrimination or harassment is as follows:

• If an individual believe that he or she has been the target of discrimination or harassment, the NLC encourages the individual to report the alleged incident(s) as soon after the incident occurs as possible to the Director of Human Resources.  The Director of Human Resources is located in the Administration Building.
• If they choose, staff members, faculty members, students and participants may instead report the incident(s) to any supervisor or manager.  It is the responsibility of the management individual who receives the complaint to ensure that the Director of Human Resources is informed of the allegations so that an investigation may be conducted.
• The individual is not required under this procedure to complain directly to the offending individual.
• When discrimination or harassment is alleged, if appropriate the Director of Human resources will attempt to resolve the matter informally.

If the nature of the allegations makes such informal investigation inappropriate or if such informal efforts do not resolve the matter, the Director of Human Resources will ask the person making the complaint (“the complainant”) to promptly file a written complaint.  That complaint should describe the alleged discrimination or harassment in as much detail as possible.  The complainant also should submit the names of individuals who he or she believes have information relevant to the investigation.
The Director of Human Resources then will inform the individual alleged to have engaged in discrimination or harassment of the complaint, and will give him or her the opportunity to respond to the allegations and to submit the names of individuals who he or she believes have information relevant to the investigation.
The Director of Human Resources or her designee will conduct an investigation to determine whether or not discrimination or harassment has occurred.  That investigation may include meeting with the complainant, the accused, and other individuals who may have relevant information.  Relevant documents may also be reviewed.  The investigation will be conducted promptly, thoroughly, and impartially and in as confidential a manner as is possible, with the intent that the process be completed within thirty (30) days of the assertion of the complaint. 
If necessary, the NLC will take steps to ensure that discrimination or harassment does not occur during the period of investigation.
At the conclusion of the investigation, the Director of Human Resources or his/her designee will submit findings to the President.
If the investigation establishes that discrimination or harassment has occurred, the NLC will take prompt and appropriate action.  This may include corrective action designed to remedy any discrimination or harassment or the effects of said discrimination or harassment on the complainant and others.  Action also may include imposition of sanctions against the discriminator/harasser, ranging from reprimand to termination or expulsion.  The NLC will inform both the complainant and the accused of the outcome of the investigation.
If the investigation establishes that discrimination or harassment has occurred, the Director of Human Resources will make follow-up inquiries to ensure that the discrimination or harassment has not resumed and that neither the complainant nor any other person has been subjected to any retaliation or other adverse action for having complained of the discrimination or harassment or provided information during the investigation.
This policy and procedure applies to all NLC staff members, faculty members, students and others working on campus or participating in activities on campus. 

If you have any questions about this policy and procedure or if you want additional information concerning complaints of discrimination or harassment, the NLC encourages you to contact the Director of Human Resources.

There are deadlines for filing charges of discrimination or harassment with the EEOC, the Maryland Human Relations Commission, or the Office for Civil Rights of the U.S. Department of Education.  Those deadlines generally run from the last date of discrimination or harassment, not from the date that the complaint to the employer or institution is resolved.  Contact the EEOC, the Maryland Human Relations Commission, or the Office for Civil Rights of the U.S. Department of Education if you want more information about filing deadlines.

Revised: September 2005