Section 3357:15-14-13 - Anti-harassment(A) Stark state college has a zero tolerance for:(2) Harassment committed by an employee, student, customer, vendor, or other outside party as listed in this rule based on race, color, religion, sex, gender, national origin (ancestry), military status (past, present, or future), status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, status as a nursing mother, status as a foster parent, disability, age forty years or older, genetic information, sexual orientation, gender identity, or gender expression.(3) Retaliation against anyone for making a good-faith complaint of such harassment or for cooperating in college investigations of such complaints.(B) This policy protects the following parties ("protected parties"):(1) All Stark state college employees (full-time and part-time) and students.(2) All independent contractors, temporary employees, and agency employed workers.(3) All visitors to the Stark state college workplace, such as vendors and college associates.(C) Prohibition against retaliation for harassment: Stark state college prohibits retaliatory actions against all protected parties that are motivated by the fact that the protected party has made a good-faith complaint of harassment, or by the fact that the protected party has assisted or cooperated in an investigation of a complaint by someone else.(D) This policy protects any protected party who makes a complaint of harassment believing that the complaint is justified, even if the college should ultimately find that complaint unfounded.(E) The college has deemed that all employees have a mandated responsibility to report incidents related to sexual harassment or interpersonal violence, except for student workers and professionals acting in their capacity as a licensed counselor or ordained members of the clergy. Definitions:
Definition of sexual harassment: Sexual harassment can occur between any individuals associated with the college, e.g., an employee and a supervisor; coworkers; faculty members; a faculty, staff member or student, and a customer, vendor, or contractor; students; or a student and a faculty member. The college's definition of sexual assault is outlined in rule 3357:15-14-15 of the Administrative Code (sexual assault policy). Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a gender-based or sexual nature when it meets any of the following:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic status.(2) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual. Such conduct that is sufficiently severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive environment for working or learning. Definition of harassment: Harassment, as defined by this policy, is conduct, whether in the workplace or off-site, which has the effect of interfering with someone's work performance, or which creates an intimidating, hostile or offensive working environment
Ohio Admin. Code 3357:15-14-13
Effective: 3/20/2023
Promulgated Under: 111.15
Statutory Authority: 3357.09
Rule Amplifies: 3357.09
Prior Effective Dates: 10/15/2009, 02/22/2015, 07/06/2018, 06/03/2019