I. Purpose
A. Anne Arundel Community College (“College”) is committed to providing and maintaining equal opportunity in all its activities, admissions, curriculum, employment, policies and programs and establishes this Nondiscrimination Policy (“Policy”) to prohibit discrimination on the basis of protected characteristics.
B. The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the resolution process during what is often a difficult time for all involved.
C. To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of its education program and activities, the College has developed this Policy and associated procedures that provide for prompt, fair, and impartial resolution of allegations of Discrimination and Retaliation on the basis of Protected Characteristics.
II. Scope and Applicability
A. This Policy applies to all Employees, Students, and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment.
B. This Policy is only applicable to alleged incidents that occur after the effective date of this Policy. For alleged incidents of Discrimination and Retaliation occurring prior to such date, the policy and procedures in place at the time of the alleged incident apply. Applicable versions of those policies and procedures are available from the CCFPO.
C. This Policy is not applicable to alleged incidents of Sexual Misconduct as defined in the College’s Sexual Misconduct Procedures.
D. This Policy covers nondiscrimination in both employment and access to educational opportunities. Any member of the College community whose acts to deny, deprive, unreasonably interfere with or limit the education or employment, and/or social access, benefits, and/or opportunities of any member of the College community, guest, or visitor, on the basis of that person’s actual or perceived Protected Characteristic(s), is in violation of this Policy.
E. The College will promptly and effectively address any such discrimination of which it has knowledge or notice using the resolution process in the Resolving Allegations of Discrimination and Retaliation Procedures.
III. Prohibition of Discrimination
The college prohibits all types of discrimination including, but not limited to, race – including hair texture and hairstyle – color, religion or creed, ancestry or national origin, sex, age, marital status, physical or mental disability, sexual orientation, gender expression, gender identity, veteran or military status, citizenship, and genetic information (including family medical history), pregnancy or related conditions, and any other protected characteristic under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any discrimination, retaliation, or harassment grievance process within the College, with the Equal Employment Opportunity Commission, and/or other human/civil rights agency.
IV. Definitions
The following definitions apply to the Nondiscrimination Policy:
A. CCFPO is the Chief Compliance and Fair Practices Officer, who is responsible for overseeing the Nondiscrimination Policy and related procedures. References to the CCFPO throughout the Policy also encompass a designee of the CCFPO for specific tasks.
B. Complainant. A Student or Employee who is alleged to have been subjected to conduct that could constitute Discrimination or Retaliation under the Policy; or a person other than a Student or Employee who is alleged to have been subjected to conduct that could constitute Discrimination or Retaliation under the Policy and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Discrimination or Retaliation; and thereafter 1) files a Complaint; or 2) a Complaint is filed on their behalf.
C. Complaint. An oral or written request to the College that can objectively be understood as a request for the College to investigate and make a determination about the alleged violation(s) of Policy.
D. Employee. A person employed by College either full- or part-time, including Student Employees when acting within the scope of their employment; and applicants for employment.
E. Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy, or lactation, medical conditions related thereto, and recovery therefrom.
F. Protected Characteristic. Any characteristic for which a person is afforded protection against discrimination and harassment by law or College Policy, including but not limited to race – including hair texture and hairstyle – color, religion or creed, ancestry or national origin, sex, age, marital status, physical or mental disability, sexual orientation, gender expression, gender identity, veteran or military status, citizenship, and genetic information (including family medical history), pregnancy or related conditions.
G. Respondent. A person who is alleged to have engaged in conduct that could constitute discrimination based on a Protected Characteristic or Retaliation for engaging in a protected activity under this Policy.
H. Sex. Sex assigned at birth, adherence or failure to adhere to expected sex roles [sex stereotypes], sex characteristics, Pregnancy or Related Conditions, sexual orientation, transgender status, and gender identity and expression.
I. Student. Any person who has applied for or gained admission to the College.
V. Policy Provisions
A. Discrimination
The College prohibits Discrimination by or against Employees, Students and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment.
1. Discrimination. Discrimination is different treatment with respect to an individual’s employment or participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived Protected Characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed. Discrimination includes Disparate Treatment Discrimination, Disparate Impact Discrimination and Discriminatory Harassment.
a. Disparate Treatment Discrimination is any intentional differential treatment of a person or persons that is based on an individual’s actual or perceived Protected Characteristic and that:
1) Excludes an individual from participation in;
2) Denies the individual benefits of; or
3) Otherwise adversely affects a term or condition of an individual’s employment by or participation in the College's education program or activity.
b. Disparate Impact Discrimination. Disparate impact discrimination occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a group or person based on their actual or perceived Protected Characteristic and that:
1) Excludes an individual from participation in;
2) Denies the individual benefits of; or
3) Otherwise adversely affects a term or condition of an individual’s employment by or participation in the College’s education program or activity.
c. Discriminatory Harassment means:
1) Unwelcome conduct on the basis of actual or perceived Protected Characteristic(s), that
2) Based on the totality of the circumstances,
3) Is subjectively and objectively offensive, and
4) Is so severe or pervasive,
5) That it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.
Harassment in violation of this Policy depends on the totality of the circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved. Harassing behaviors may include, but are not limited to, the following, when based on a person’s Protected Characteristic and it rises to the standard set forth above:
1) conduct, whether verbal, physical, written, graphic, or electronic that threatens, intimidates, offends, belittles, denigrates, or shows an aversion toward an individual or group;
2) epithets, slurs, or negative stereotyping, jokes, or nicknames;
3) written, printed, or graphic material that contains offensive, denigrating, or demeaning comments, or pictures; and
4) the display of offensive, denigrating, or demeaning objects, e-mails, text messages, or cell phone pictures.
When one of the following three circumstances is present, Discriminatory Harassment based on a person’s Protected Characteristic is not required to be severe or pervasive and may be established by showing that the alleged conduct was unwelcome and offensive:
1) When submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual;
2) When submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or
3) Based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile.
The College reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a Protected Characteristic. Addressing such conduct will not result in the imposition of discipline under this Policy but may be addressed through another applicable policy or procedure, respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.
B. Retaliation
The College prohibits Discrimination by or against Employees, Students and other individuals participating in or attempting to participate in the College’s program or activities, including education and employment.
1. Retaliation means adverse action, including intimidation, threats, coercion, or Discrimination, against any person, by the College, a Student, Employee, or a person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by law or the Policy, or because the person has engaged in protected activity under the Policy.
2. Discipline of an Employee, other than a Respondent, for refusing to serve as a witness in the investigation or Resolution Process, does not constitute Retaliation.
3. It is also not retaliation for the College to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Policies. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.
C. First Amendment Rights of Parties
When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of College Policy, though supportive measures will be offered to those impacted. Whether speech or conduct is protected by the First Amendment will depend on the facts and circumstances of the situation.
D. Responsibility of CCFPO
1. The CCFPO oversees implementation of this Policy and related Procedures and has the primary responsibility for coordinating the College’s efforts related to the intake, investigation, and resolution of Complaints, and to stop, remediate, and prevent Discrimination and Retaliation prohibited by this Policy.
2. The CCFPO may also assign a designee to perform specific tasks or for a specific Formal Complaint, at the CCFPO’s sole discretion, so long as the designee has been appropriately trained.
Policy Title: Interim Nondiscrimination Policy
Policy Category: General
Policy Owner: President
Policy Administrator: Chief Compliance and Fair Practices Officer
Contact Information: complianceofficer@zo23.com
Approval Date: Nov. 4, 2024
Effective Date: Nov. 19, 2024
History: Previously Equal Opportunity and Nondiscrimination Policy
Applies to: All College Employees, Students, Applicants, Trustees and Visitors
Related Policies:
Related Procedures: Interim Resolving Allegations of Discrimination and Retaliation Procedure
Forms/Guidelines: N/A
Relevant Laws:
Regulations: