Sexual harassment in any situation is reprehensible. It subverts the mission of the University, and threatens the careers of students, faculty, and staff. It is viewed as a violation of Title VII of the 1964 Civil Rights Act as amended by the 1991 Civil Rights Act. Sexual harassment will not be tolerated at Southern Polytechnic.

Southern Polytechnic State University is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, religion, color, sex, national origin, disability, age, sexual orientation, or veteran status. In adhering to this policy, the University abides by the requirements of Title IX of the Education Amendments of 1972; by Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Acts of 1991; by Sections 504 and 504 of Rehabilitation Act of 1973; by Executive Order 11246, as mended by 38 U.S.C. 2012; the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended; and by other applicable statutes and regulations relating to equality of opportunity.

It is the responsibility of the administration of this University to uphold the requirements of Title VII, and with regard to sexual harassment specifically, to insure that this University’s working environment be kept free of it.  For that purpose, these procedures and guidelines are promulgated to avoid misunderstandings by faculty, students, and staff on (1) the definitions of sexual harassment, and (2) procedures specifically defined to file and resolve complaints of sexual harassment.

Justice requires that the rights and concerns of both complainant and respondent be fully assured. The University shall make every effort to assure and protect these rights, and shall undertake no action that threatens or compromises them. In determining whether alleged conduct constitutes sexual harassment, those entrusted with carrying out this policy will look at the record as a whole and at the totality of the circumstances, such as the nature of the alleged sexual advances and the context in which the alleged incidents occurred. The determination of the suitability of a particular action will be made from the facts on a case-by-case basis.

This policy on sexual harassment applies to the entire University and to the conduct of students, faculty, and staff alike.
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Sexual harassment is against the law. It is prohibited most clearly by Title VII of the 1964 Civil Rights Act as amended by the 1991 Civil Rights Act. “Guidelines on Sexual Harassment,” published by the Equal Employment Opportunity Commission in1980, and case law developing in the courts continues to define and refine what constitutes sexual harassment; what responsibilities attach to perpetrators, employers, and supervisors; and what remedies are available to victims.

The Southern Polytechnic State University’s sexual harassment policy is a strong statement against sexual harassment, which is broadly defined to include behavior that may not be considered overtly sexual. Although not specifically prohibited, consenting sexual relationships between faculty and student or supervisor and employee are strongly discouraged.

Procedures for resolving sexual harassment complaints are discussed in the appropriate sections of this Policy and Procedure. Both formal and informal procedures for resolving sexual harassment complaints are available, and members of the Southern Polytechnic State University community are encouraged to resolve sexual harassment situations by either of these two procedures. The University’s Affirmative Action Officer is the principal resource person for handling most sexual harassment complaints and can assist with both formal and informal complaints.
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For purposes of this policy, sexual harassment is defined using the definition contained in the Equal Employment Opportunity Commission Guidelines, the 1984 “Policy Statement on Sexual Harassment” as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, (3) such conduct has the purpose or effect of unreasonable interfering with individual’s work or academic performance or creating an intimidating, hostile or offensive working or academic environment [29 CFR Sec. 11604.11(a)].

Sexual harassment can occur in situations where one person has power over another, but I can occur between equals. Both men and women can be sexually harassed. Sexual harassment can be as blatant as rape or as subtle as a look, Harassment under the third part of the definition often consists of callous insensitivity of the experience of women.
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The examples below illustrate the range of behavior that may be considered sexual harassment. These examples are intended as illustrations only; they are by no means inclusive.

Part 1 of the Definition: Certain behavior constitutes sexual harassment when “submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement”:

Tony, an instructor for a large introductory course, uses sexual stereotype references and depictions and often makes jokes about sex. He has suggested that the better looking a woman is, the more help she will get. Sandra is a student in Tony’s class who needs extra help. She is deeply offended by the instructor’s attitude and refuses to see him outside of class.

Mary is an assistant professor completing her sixth year of teaching at the university. Her department head has been confiding details of his personal life to her and recently has begun pressuring her for sex. When she refuses, he threatens to see that she is not promoted. Because of this status at the university, she feels nobody would believe her if she were to complain.

Judy is a newly hired electrician. Her co-workers regularly leave pornographic pictures where she will find them. She dreads going to work and is finding it harder and harder to keep herself motivated because of the situation.

Students in a graduate seminar know that the professor is in a sexual relationship with one of their classmates. Although professor and student try to be discreet about their relationship, the other students notice the special attention their classmate receives. They feel their classmate has an unfair advantage and they resent it.

Academic freedom is broadly defined to include all members of Southern Polytechnic community -  students, faculty, administrators, and all other employees. It is recognized that academic freedom is not a license for a single group or person to act without regard for another. Rather, true academic freedom requires an environment in which no person is intimidated, exploited, or coerced. Sexual harassment, in any of its many guises, inhibits academic freedom. The University’s policies and procedures for dealing with sexual harassment have been designed to ensure the academic freedom of everyone while protecting the rights of all.
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Taking note of the “respect and trust accorded a professor by a student, as well as the power exercised by the professor,” Southern Polytechnic’s policy is that a relationship between a faculty member and a student should be considered one of professional and client in which sexual relationships are inappropriate. The power differential inherent in such relationships, as well as in those between a supervisor and an employee, compromise the subordinate’s ability to freely decide.

Although policy does not specifically forbid sexual relationships between individuals where a professional power differential exists, the University discourages consenting sexual relationship between faculty and student or supervisor and employee. A faculty member who enters into a sexual relationship with a student (or a supervisor with an employee) must realize that if a charge of sexual harassment is subsequently lodged, it will be difficult to prove immunity on grounds of mutual consent.

Relationships between a graduate student and an undergraduate when the graduate student has some supervisory responsibility for the undergraduate are included in this category. Among other relationships included are those between a student or employee and an administrator, coach, adviser, program director, counselor, or residential staff member who has supervisory responsibility for that student or employee.
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