Sexual Harassment
Sexual harassment Policy at Hastings College
Adopted October 1987
Revised March 1988, January 1993, January 1999
It shall be the policy of Hastings College to provide a positive and creative work and study environment. Sexual harassment is misconduct, which interferes with work productivity and academic performance and deprives employees of the opportunity to work and students of the opportunity to study and reside in an environment free from unsolicited and unwelcome sexual overtones. Sexual harassment also negatively affects morale. In many cases sexual harassment is a violation of state and federal laws and regulations.* Because of this, the Board of Trustees clearly and unequivocally prohibits sexual harassment by any of its employees, ** or students.
For purposes of interpretation, sexual harassment will be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical misconduct of a sexual nature, and is illegal, when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement; or (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or educational environment. Consensual sexual relationships do not fall under this definition.***
Preliminary Stage and Informal Resolution
If an individual feels he or she has been subjected to sexual harassment, he or she should seek the counsel of a trusted college staff person who may advise in assembling appropriate evidence, such as a list of witnesses, and a written description establishing a pattern and context of such incidents. Upon being contacted by a complaining individual or upon becoming aware of any incident of sexual harassment, the staff person shall notify the Associate Dean of Students (herein after referred to as the Sexual Harassment Grievance Officer) within 24 hours and file a confidential report outlining in detail the available facts, persons involved, and any other relevant information which is available.
Upon receiving a report of a complaint, the Sexual Harassment Grievance Officer shall:
If an individual feels that he or she has been subjected to sexual harassment and does not feel that he or she can contact a staff member, the incident should be reported directly to the Sexual Harassment Grievance Officer or the President’s Office. If reported to the President’s Office, the complaint will then be directed to the Sexual Harassment Grievance Officer, who will follow the informal procedures set out above in order to investigate and attempt to dispose of the claim.
Upon receipt of a report from the Sexual Harassment Grievance Officer concerning the investigation of an incident of an alleged sexual harassment, the President or his/her designee, shall review the matter and make a determination of whether further investigation, mediation, corrective action, or discipline may be required.
Handling the Formal Grievance
If a report of an alleged incident of sexual harassment submitted by the Sexual Harassment Grievance Officer, after review by the President or his/ her designee, is found to require further investigation, mediation, disciplinary action, or corrective action, or if a formal written complaint is made by a complainant after the completion of the informal procedure, the President shall:
Upon receipt of the report from the Student Judiciary Council, Judicial Review Board, or Ad Hoc Committee, the President shall make a determination as to the final disposition of the matter and shall notify the affected parties. In the event some sort of sanction is deemed appropriate, the same shall be implemented in accordance with any other applicable college policies or procedures, and in all cases, in accordance with the applicable state and federal laws, rules and regulations.
Under no circumstances shall any findings be placed in a staff or faculty member’s personnel file where charges have been found groundless and without merit. Retaliation, using a ?reasonable person? test of the term, will not be permitted against a plaintiff regardless of the outcome of the case. However, the President has the authority to discipline any plaintiff judged to be engaged in bringing malicious charges against any member of the college community. All records relating to an incident, whether they be records generated by the informal procedure or the formal procedure, shall be retained permanently in the custody of the President’s office.
Counseling services are available from a licensed mental health practitioner in the Health Center or from the College Chaplain’s Office for employees or students who have been subjected to harassment.
Appropriate steps shall be taken to communicate this policy to all members of the Hastings College community. Students, faculty, and staff will be made aware of this policy and the gravity of such charges through a campus mailing and/or through the Transition Seminar for new students and through an orientation meeting for new faculty and staff. A signed acknowledgment will be obtained from all employees stating they have received a copy of this policy and understand its terms. This will include acknowledgment of the complaint procedure discussed earlier in this policy. In addition, the policy shall be posted in campus buildings and a copy shall be included in the faculty policy handbook. It also will be circulated to the campus community following any revision.
Nothing contained in this policy shall prevent the college administration from taking such action as may be necessary to comply with college policies or state or federal law.
Hughes, J.O. & Sandler, B.R. (1986). In case of sexual harassment...A guide for women and students. Washington, DC: Association of American Colleges.
Paludi, M.A. (Ed.). (1990) Ivory power: Sexual harassment on campus. Albany, NY: State University of New York Press.
Paludi, M. A. & Barickman, R. B.
(1991) Academic and workplace sexual harassment: A resource manual. Albany, NY: State University of New York Press.
Sandler, B.R. & Shoop, R J. (1997). Sexual harassment on Campus...A guide for administrators, faculty and students. Needham Heights, MA: Allyn & Bacon.
For further information or if questions on this policy or the references cited, please contact the Student Affairs Office.
*Ref: Title IX- Educational Amendments of 1973, Title VII- 1954 Civil Rights Act.
**Includes contract service employees such as American Food Management.
***Adapted from 1984 EEOC ?Policy Statement.?
****Reprinted by permission of the National Association of Student Personnel Administrators, November 1992.
Adopted February 2, 1994; revised November 10, 1997
Sexual harassment Policy at Hastings College
Adopted October 1987
Revised March 1988, January 1993, January 1999
| Definition |
It shall be the policy of Hastings College to provide a positive and creative work and study environment. Sexual harassment is misconduct, which interferes with work productivity and academic performance and deprives employees of the opportunity to work and students of the opportunity to study and reside in an environment free from unsolicited and unwelcome sexual overtones. Sexual harassment also negatively affects morale. In many cases sexual harassment is a violation of state and federal laws and regulations.* Because of this, the Board of Trustees clearly and unequivocally prohibits sexual harassment by any of its employees, ** or students.
For purposes of interpretation, sexual harassment will be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical misconduct of a sexual nature, and is illegal, when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement; or (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or educational environment. Consensual sexual relationships do not fall under this definition.***
| Examples of Sexual Harassment |
- verbal harassment, abuse, or threats of violence
- unwanted sexually suggestive looks or gestures
- unwanted sexual teasing or jokes
- pressure for dates
- deliberate touching, cornering, pinching
- attempts to kiss or fondle
- pressure for sex
- requests for sex in exchange for grades, promotions, or salary increases
- sexual contact, coercion, deception, or assault by force or threat of force
| Complaint Procedure |
Preliminary Stage and Informal Resolution
If an individual feels he or she has been subjected to sexual harassment, he or she should seek the counsel of a trusted college staff person who may advise in assembling appropriate evidence, such as a list of witnesses, and a written description establishing a pattern and context of such incidents. Upon being contacted by a complaining individual or upon becoming aware of any incident of sexual harassment, the staff person shall notify the Associate Dean of Students (herein after referred to as the Sexual Harassment Grievance Officer) within 24 hours and file a confidential report outlining in detail the available facts, persons involved, and any other relevant information which is available.
Upon receiving a report of a complaint, the Sexual Harassment Grievance Officer shall:
- Meet with the complainant to determine the nature and extent of the alleged incident. The complainant shall be allowed to have a representative of his or her choice present. A written summary of this discussion shall be included in the file.
- Meet with the person accused of sexual harassment and inform him or her that a complaint of sexual harassment has been made, discuss with him or her the allegations made by the complainant, and obtain additional relevant information from the accused. The person accused shall be allowed to have a representative of his or her choice present. A written summary of this discussion shall be included in the file.
- Meet with any witnesses. A written summary of these discussions shall be included in the file.
- Determine if immediate action is needed to protect the work or educational atmosphere and if so, make appropriate recommendations to the President immediately.
- Take any other action deemed appropriate to resolve the matter, including conducting a joint meeting with the affected parties.
- Make a written report to the President within 15 days outlining in detail the persons involved, the facts, conclusions as to the validity of the allegations in the charge, and a recommendation for further disposition including, but not limited to, remedial steps and appropriate discipline. The report shall state whether the matter has been resolved to the satisfaction of the complainant and the person accused.
If an individual feels that he or she has been subjected to sexual harassment and does not feel that he or she can contact a staff member, the incident should be reported directly to the Sexual Harassment Grievance Officer or the President’s Office. If reported to the President’s Office, the complaint will then be directed to the Sexual Harassment Grievance Officer, who will follow the informal procedures set out above in order to investigate and attempt to dispose of the claim.
Upon receipt of a report from the Sexual Harassment Grievance Officer concerning the investigation of an incident of an alleged sexual harassment, the President or his/her designee, shall review the matter and make a determination of whether further investigation, mediation, corrective action, or discipline may be required.
| Complaint Procedure |
Handling the Formal Grievance
If a report of an alleged incident of sexual harassment submitted by the Sexual Harassment Grievance Officer, after review by the President or his/ her designee, is found to require further investigation, mediation, disciplinary action, or corrective action, or if a formal written complaint is made by a complainant after the completion of the informal procedure, the President shall:
- in the case of complaints made of student(s) against other student(s), refer the matter to the Student Judiciary Council for cases involving verbal abuse, or to the Judicial Review Board for cases involving physical assault or other gross moral violations;
- in all other cases, refer the matter to an Ad Hoc Committee of five members of the faculty and staff to investigate the charges and make a recommendation to the President. The Ad Hoc Committee shall be chaired by the Sexual Harassment Grievance Officer, and the chairperson of the Faculty Affairs Committee of the Faculty Senate will normally be a member of the committee. The committee chair shall appoint three additional members and shall insure that the committee consists of both men and women members.
- The investigating committee, whether it be the Student Judiciary Council, the Judicial Review Board or the Ad Hoc Committee, shall elect a secretary and determine the hearing procedure. Said committee shall then proceed to investigate the charges and make a written recommendation to the President.
In order to protect the interests of the parties involved, the investigating committee shall pursue the following due process procedure:
- The committee chairperson shall notify all of the parties to the complaint, at least five days in advance, of the date, time and place of the hearing.
- The hearing will be held in closed session, and minutes will be recorded by the secretary.
- The complainant and the accused party shall be entitled to have a representative present with them at the hearing.
- The committee will hear testimony from both the complainant and the accused party and shall hear witnesses requested by itself or by either party, and in addition shall receive prompt written information which it may request, or which a party may wish to submit.
- The committee shall allow the accused party to respond to statements or assertions of the complainant and any and all witnesses. All responses by the plaintiff and the defendant will be directed to the chairperson of the committee.
- The committee may adjourn the hearing from time to time and may reconvene the hearing for the purpose of taking additional evidence at any time before a final report is submitted to the President.
- No ex-parte communications will be received.
- The committee will meet in executive session to examine the evidence, and then shall make a written report to the President outlining its findings, and if appropriate, recommending disciplinary action which may range from a warning to a formal reprimand or dismissal from employment, in the case of staff or faculty, or from a warning to a reprimand, suspension, or expulsion from Hastings College, in the case of a student.
- The proceedings and final report shall be confidential and shall be completed within 30 days of the filing of the written complaint.
| Final Disposition of the Complaint |
Upon receipt of the report from the Student Judiciary Council, Judicial Review Board, or Ad Hoc Committee, the President shall make a determination as to the final disposition of the matter and shall notify the affected parties. In the event some sort of sanction is deemed appropriate, the same shall be implemented in accordance with any other applicable college policies or procedures, and in all cases, in accordance with the applicable state and federal laws, rules and regulations.
Under no circumstances shall any findings be placed in a staff or faculty member’s personnel file where charges have been found groundless and without merit. Retaliation, using a ?reasonable person? test of the term, will not be permitted against a plaintiff regardless of the outcome of the case. However, the President has the authority to discipline any plaintiff judged to be engaged in bringing malicious charges against any member of the college community. All records relating to an incident, whether they be records generated by the informal procedure or the formal procedure, shall be retained permanently in the custody of the President’s office.
| Campus Counseling Services |
Counseling services are available from a licensed mental health practitioner in the Health Center or from the College Chaplain’s Office for employees or students who have been subjected to harassment.
| Communicating the Policy |
Appropriate steps shall be taken to communicate this policy to all members of the Hastings College community. Students, faculty, and staff will be made aware of this policy and the gravity of such charges through a campus mailing and/or through the Transition Seminar for new students and through an orientation meeting for new faculty and staff. A signed acknowledgment will be obtained from all employees stating they have received a copy of this policy and understand its terms. This will include acknowledgment of the complaint procedure discussed earlier in this policy. In addition, the policy shall be posted in campus buildings and a copy shall be included in the faculty policy handbook. It also will be circulated to the campus community following any revision.
Nothing contained in this policy shall prevent the college administration from taking such action as may be necessary to comply with college policies or state or federal law.
| Additional Resources |
Hughes, J.O. & Sandler, B.R. (1986). In case of sexual harassment...A guide for women and students. Washington, DC: Association of American Colleges.
Paludi, M.A. (Ed.). (1990) Ivory power: Sexual harassment on campus. Albany, NY: State University of New York Press.
Paludi, M. A. & Barickman, R. B.
(1991) Academic and workplace sexual harassment: A resource manual. Albany, NY: State University of New York Press.
Sandler, B.R. & Shoop, R J. (1997). Sexual harassment on Campus...A guide for administrators, faculty and students. Needham Heights, MA: Allyn & Bacon.
For further information or if questions on this policy or the references cited, please contact the Student Affairs Office.
*Ref: Title IX- Educational Amendments of 1973, Title VII- 1954 Civil Rights Act.
**Includes contract service employees such as American Food Management.
***Adapted from 1984 EEOC ?Policy Statement.?
****Reprinted by permission of the National Association of Student Personnel Administrators, November 1992.
Adopted February 2, 1994; revised November 10, 1997
