Board Policy 5100

Discriminatory Harassment and Retaliation

NTC is committed to providing a workplace and learning environment free from discriminatory harassment. NTC prohibits harassment by students and employees, including volunteers, of any person based upon race, color, sex, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment.

For purposes of this policy, discriminatory harassment of a student includes any verbal, written or graphic expression or physical conduct relating to the individual’s race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age, when:

  1. the discriminatory harassment is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment;

  2. the discriminatory harassment has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or

  3. the discriminatory harassment otherwise adversely affects an individual’s learning opportunities.

In determining whether alleged conduct constitutes a violation of this policy, NTC will consider the surrounding circumstances, the nature of the behavior, the relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all of the facts and surrounding circumstances.

Discriminatory harassment may include, but is not limited to:

  1. intimidation and implied or overt threats of physical violence motivated by race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age;

  2. physical acts of aggression or assault upon another or damage to the property of another that is motivated by race, color, sex, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment;

  3. threatening or intimidating conduct directed at another because of race, color, sex, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment;

  4. demeaning jokes, taunting, slurs, derogatory names, innuendos or other negative or derogatory remarks relating to race, color, sex, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment;

  5. graffiti, slogans or visual displays, such as cartoons, posters or computer images, which depict slurs or derogatory sentiments or images relating to race, color, sex, pregnancy, gender, gender expression or identity, national origin, religion, disability, veteran status, sexual orientation, age, or genetic information in its programs, services, activities and employment;

  6. criminal offenses directed at persons because of their race, color, sex, national origin, religion, disability, veteran status, sexual orientation or age; and

  7. unwelcome sexual advances, requests for sexual favors and other unwelcome verbal, written or graphic expression or physical conduct of a sexual nature by any person towards a student or conduct that denies or limits, on the basis of sex, a student's ability to participate in or to receive benefits, services or opportunities in NTC’s programs or activities.

NTC also prohibits retaliation, intimidation, threats, or coercion of any person for opposing discrimination or for participating in NTC’s discrimination complaint process or making a complaint, testifying, assisting, appealing, or participating in any other discrimination complaint proceeding or hearing. NTC will take steps to prevent the alleged perpetrator or anyone else at NTC from retaliating against the alleged victim or any person who acts to oppose discrimination or participates in the complaint process. These steps include notifying students and employees that they are protected from retaliation, making sure that victims know how to report future problems and making follow-up inquiries to see if there have been any new incidents. If retaliation occurs, NTC will take strong responsive action.

All employees are expected to take appropriate measures to prevent discriminatory harassment and retaliation by others. Employees who believe they are being harassed or retaliated against or who witness or otherwise become aware of potential harassment or retaliation must promptly report the offending conduct so that it can be stopped.

All NTC employees, including but not limited to staff, supervisors, senior officials and volunteers, are required to comply with this Policy. Employees who violate this Policy are subject to disciplinary action, up to and including termination. Students who violate this Policy are subject to disciplinary action in accordance with NTC’s code of student conduct.

Adopted on September 14, 2009
Amended September 14, 2020