Equal Opportunity/Non-Discrimination, Anti-Harassment, Title IX, Disability Accommodation, Anti-Fraud and Non-Retaliation/Whistleblower Policy

Equal Opportunity/Non-Discrimination, Anti-Harassment, Title IX, Disability Accommodation, Anti-Fraud and Non-Retaliation/Whistleblower Policy

Equal Opportunity/Non-Discrimination

Macomb Community College (“the College”) is an equal opportunity institution.  The College prohibits discrimination in any College program or activity, including but not limited to employment, admissions, grading and facilities use, based on race, color, sex, age, religion, national origin, ancestry, height, weight, sexual orientation, pregnancy, disability, genetic information, familial status, marital status, military or veteran status, gender identification or expression, or any other status or characteristic protected by applicable law.

Anti-Harassment

The College prohibits harassment, including hostile environment and sexual harassment, against any individual or group based on race, color, sex, age, religion, national origin, ancestry, height, weight, sexual orientation, pregnancy, disability, genetic information, familial status, marital status, military or veteran status, gender identification or expression, or any other status or characteristic protected by applicable law.

The prohibition against harassment extends to all College programs and activities, including but not limited to employment, admissions, grading and facilities use, and may extend to online or electronic conduct that impacts an individual's employment or educational experience at the College.

The College recognizes community members' right to free expression of ideas, including those that may be controversial or unpopular. Nothing in this definition is intended to conflict with an individual's First Amendment rights.

Hostile Environment Harassment. Verbal, non-verbal, and/or physical conduct, including racially or religiously offensive or bigoted remarks, epithets and/or conduct, may constitute hostile environment harassment if based on one of the statuses or characteristics identified above, is severe or pervasive, and either (a) objectively creates an intimidating, hostile, or offensive work or academic environment, or (b) unreasonably interferes with an individual's employment, education, or participation in any College course, program or activity.¹

Sexual Harassment. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature may, depending on the circumstances, constitute sexual harassment in violation of this policy when:

• Submission to or rejection of sexual activity is an explicit or implicit term, condition of or factor in an individual's employment, grade or status in a College course, program or activity;
• Submission to or rejection of sexual activity is used as a factor in any employment, academic or athletic decision; or
• Sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature either (a) objectively create an intimidating, hostile, or offensive work or academic environment, or (b) unreasonably interfere with an individual's work, academic or athletic performance or opportunities.

The following are examples of unwelcome conduct that may, depending on the circumstances, constitute or contribute to a finding of sexual harassment:

• Physical assault, including but not limited to unwelcome touching, patting, hugging, or brushing against a person’s body;
• Sexual misconduct, exploitation or assault;
• Explicit or implicit suggestions that submission to sexual advances will be a condition of employment, work status, promotion, grade, recommendation or other benefit;
• Propositions of a sexual nature that are unwelcome or intimidating to the recipient;
• Pressure for sexual activity, an element of which may be conduct such as repeated and unwanted staring that would discomfort or humiliate a reasonable person; or
• An unwelcome pattern of conduct (not germane to the subject matter of a course if one is involved) that (a) has the purpose or effect of discomforting and/or humiliating a reasonable person, and (b) involves one or more of the following: (i) comments of a sexual nature; (ii) sexually explicit statements, questions, jokes, or anecdotes; (iii) remarks of a sexual nature about a person’s clothing or body; (iv) remarks about a person’s past or present sexual activity; or (v) staring or leering at a person’s body parts.

Title IX

The College is committed to complying with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any College program or activity.   Prohibited practices include sexual discrimination, sexual harassment, sexual misconduct, dating and domestic violence, each of which are defined in the College’s Title IX Grievance Process

Title IX Coordinator.  The College’s Title IX Coordinator, along with any deputy coordinators, develop, implement, and monitor the College’s efforts to comply with Title IX.  This includes oversight over the notification, investigation and disposition of complaints, the creation of educational materials and training for the College community, ensuring a fair and unbiased process for parties, and monitoring all other aspects of the College’s Title IX compliance. 

The College’s Title IX Coordinator is:

Tiffany Goliday
Title IX Coordinator
South Campus, D311
Macomb Community College
14500 East 12 Mile Road
Warren, MI  48088-3896
586.445.7242
golidayt084@macomb.edu

The College’s Deputy Title IX Coordinators are:

Complaints Under Title IX. Concerns or complaints regarding potential Title IX violations, including allegations of sexual harassment or discrimination, should be brought to the attention of the College’s Title IX Coordinator as set forth in the College’s Title IX Grievance Process.

Title IX Grievance Process. Complaints that allege a potential Title IX violation will be processed and resolved through the Title IX Grievance Process.²

Sexual Misconduct

The College prohibits sexual misconduct. Sexual misconduct is antithetical both to the academic values of the College and a work and learning environment that is free from sexual misconduct, harassment, and coercion. Sexual misconduct includes, but is not limited to, sexual assault, dating and domestic violence, and stalking, all of which are defined in the College’s Student Code of Conduct and Title IX Grievance Process.

Disability Accommodation/Anti-Discrimination

The College complies with the Americans With Disabilities Act, the Michigan Persons with Disabilities Civil Rights Act, and other laws that protect and afford rights to disabled individuals. The College does not discriminate against persons with disabilities and is committed to providing reasonable accommodations to qualified individuals with disabilities. Students or employees with disabilities who seek reasonable accommodations must request them. The process for requesting accommodations is set forth as follows:

For students: https://www.macomb.edu/student-resources/counseling-academic-advising.html#special-services

For employees: https://my.macomb.edu/page/2221

Under Michigan law, if an employee’s request for an accommodation is not made within 182 days of the need being known, the obligation to grant an accommodation under state law may be waived.

Anti-Fraud

The College prohibits fraudulent activity, which is generally defined as intentionally obtaining an unauthorized benefit, such as money or property, by deception or other unethical or illegal means.  Prohibited fraudulent activity includes, but is not limited to:

• Embezzlement, misappropriation or financial irregularities, forgery or alteration of documents (checks, time sheets, purchase orders, or other financial documents);
• Selling College property for personal benefit;
• Circumventing established purchasing processes without authorization;
• Improprieties in handling money or financial transactions;
• Misappropriation of funds, securities, supplies, inventory, or other College assets;
• Violations of the conflict of interest provision of any College policy, including the College’s Confidentially and Conflict of Interest Policy and the Ethics and Conflict of Interest section of the Investment Policy; or
• Authorizing or receiving payment for goods not received, services not performed or hours not worked.

Anti-Retaliation/Whistleblower Protection

The College seeks to foster an environment in which all employees, students and visitors feel free to truthfully report misconduct and policy violations, including illegal discrimination, harassment or fraud, without fear of retaliation or reprisal. The College thus prohibits retaliation or reprisals against any individual because they have filed a good faith complaint or report under any College policy or Code, participated in an investigation or hearing related to the College, or otherwise opposed illegal activity, either internally or with a governmental agency.

Reporting Concerns

People who believe they experienced or witnessed a violation of any of the policies set forth above are encouraged to follow the College Complaint Procedure.

Approved by the Board of Trustees
Macomb Community College
January 20, 2021
Updated pursuant to Board authorization, March 20, 2023

^{1 Pursuant to Department of Education Regulations, the definition for sexual harassment under Title IX is different.  The definition of harassment under Title IX is set forth in the Title IX Grievance Process.}

^{2 Complaints that do not rise to the level of a Title IX violation, but that violate another College policy, rule or code, may be investigated and resolved through a different process, such as the Student Code of Conduct.}