Sexual Harassment

Contents

This P&P includes the following main sections:

•  Background

•  General policy

•  Definition of sexual harassment

•  Examples of sexually harassing behavior

•  Sexual harassment and academic freedom

•  Consenting relationships

•  Student off-campus placements

•  Preventing sexual harassment

•  Responsibilities of supervisors

•  Steps to resolve harassment

•  Formal complaint and investigative process

•  Documentation

•  Appeal

•  Special circumstances

Background

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.

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 ensure that this university's 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.

This policy on sexual harassment applies to the entire university and to the conduct of students, faculty, and staff.

General Policy

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 503 and 504 of the Rehabilitation Act of 1973; by Executive Order 11246, as amended by 38 U.S.C. 2012, the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended; and by other applicable statues and regulations relating to equality of opportunity.

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 in 1980, 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.

Justice requires that the rights and concerns of both complainant and respondent be fully assured. The university shall make every effort to ensure 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.

The Southern Polytechnic State University 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.

Inquiries regarding compliance may be directed to the Affirmative Action officer, Southern Polytechnic State University, 1100 South Marietta Parkway , Marietta , Georgia , 30060-2896, 678. 915.7404.

Definition of Sexual Harassment

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a 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 unreasonably 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)].

While sexual harassment most often takes place in a situation of power differential between persons involved, this policy recognizes also that sexual harassment may occur between persons of the same university status, i.e., student-student, faculty-faculty, staff-staff, and same sex, i.e., male-male, female-female.

Examples of Sexually Harassing Behavior

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 exclusive.

Part 1 of the Definition:

Part 2 of the Definition:

Part 3 of the Definition:

a)  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.

b)  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.

c)  Students are serving in a university student organization. Several are continually exposed to one of their peers making verbal threats or insults, jokes, teasing or spreading rumors, remarks about looks, clothing, etc., messages (over "e-mail," by phone, in graffiti, etc.). They ask the peer to stop; the student continues the offensive or hostile behavior after they have told him or her to stop; this could constitute sexual harassment.

Note:
Sexual harassment of the type outlined in the third part of the definition can be as devastating as harassment of the first or second type. Victims often feel reluctant to go to work or class. They may become irritable, not just with the person(s) causing the problem, but with classmates, co-workers, family, and friends. They may have trouble concentrating, which could affect their work or academic performance and could contribute to accidents. Health problems, including tension headaches and stress-related complications to existing illnesses, sometimes result.

The principles of academic freedom apply to all members of the Southern Polytechnic community – students, faculty, administrators, and all other employees. Academic freedom can exist only in an environment free of intimidation, exploitation, and coercion. 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.

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.

The sexual harassment policy covers students participating in university-sponsored cooperative education placements.

The cooperative education department is responsible for informing potential placement sites of the university policy and can decertify sites where problems persist. If sexual harassment occurs in a cooperative education placement, the supervising unit should ensure that the student is not penalized academically or financially as a result of the experience. If necessary, the cooperative education department should arrange for a new placement for the student as soon as possible.

All faculty, supervisors, and administrators employed by the university are obligated to take appropriate action to prevent sexual harassment. Any behavior that might be reasonably construed as sexual harassment, including apparently consenting relationships with subordinates, is to be avoided.

It is all too common for someone accused of sexual harassment to say, "I didn't realize that she (or he) would be offended by that." Whatever the intent, however, the effect of harassment can be devastating. Sensitivity to the impact of one's action on others is essential. In addition, all members of the university community should educate themselves about the range of behavior included within the definition. What matters most is how the behavior makes another person feel. The following are some behaviors that can be sexual harassment. Departments are urged to hold their own discussions of the policy, paying particular attention to how it applies to their situations. Resource materials for publicizing this policy are available.

•  Unwanted touching, holding, grabbing, hugging, patting, fondling, kissing, pinching

•  "Accidental" collisions or brushing up against

•  Physical assault

•  Sexual assault

•  Offensive jokes or language

•  Threats

•  Comments and questions about a person’s sexual behavior

•  Conversations filled with sexual innuendo and double meanings

•  Comments about a person’s body

•  Suggestions of a sexual nature

Non-verbal/Mental/ Behavioral

•  Staring at a person’s body

•  Leaning over someone at a desk

•  Displaying or circulating sexually suggestive cartoons, letters, or pictures

•  Leering

•  Other sexually-oriented behavior

Responsibilities of Supervisors

The university encourages all members of its community to report instances of possible sexual harassment to the affirmative action officer. Supervisory personnel, however, have special responsibilities regarding sexual harassment.

University policy provides for resolving harassment situations at the administrative level where the action occurs. Ideally, complaints are made directly to the person involved. If this is not feasible, or the person does not heed the complaint, it may be brought to the person's supervisor. If the supervisor can handle the situation without further assistance, he or she should take appropriate action and report the incident to the affirmative action officer. The report should explain the nature of the situation and the actions taken, but names need not be revealed. If the supervisor is unable to handle the situation, the complaint should be referred to the affirmative action officer. Appropriate line officers will be informed of sexual harassment complaints made directly to the university's Affirmative Action officer, and will be involved in the complaint resolution process.

In addition to responsibility for resolving known sexual harassment problems, all supervisory personnel are charged with promoting and maintaining an atmosphere that properly deters sexual harassment. Supervisors are expected to actively discourage all behavior that might be construed as sexual harassment as defined by the policy.

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.

Early efforts to control a potentially harassing situation are very important. Sometimes sexual harassment can be stopped by telling the person directly that his or her behavior is unacceptable and ask them to stop. Writing a letter to the person or talking to the person's supervisor can also be effective.

Formal complaints must be initiated through the affirmative action officer (AA officer) or a designated representative. The AA officer will advise the person filing the complaint of the procedures to be followed in investigating the complaint and the course of action to be followed if the AA officer is unable to resolve the issue.

Investigation of the Allegations: Upon receipt of the charge of harassment or request that formal procedures be instituted, the AAO will transmit copies of the charge/request to the alleged harasser, the appropriate unit head, and the appropriate vice-president. The AAO will then proceed with an investigation of the charge.

In conducting the investigation, the AAO will need access to all pertinent material, records, reports, documents and computerized information in the possession of any campus personnel, and the AAO shall be afforded the opportunity to interview all persons possessing relevant information. Both the complainant and the alleged harasser may submit whatever information and documentation they deem desirable.

Note:
Obstruction of an investigation of an allegation(s) of harassment shall be grounds for disciplinary action or sanctions by the appropriate vice-president or university administration designee.

Investigative Report: At the completion of the investigation, the AAO will submit a written report of the investigation to the appropriate vice-president or university administration designee, which details the positions of everyone involved in the complaint and suggests appropriate remedies or recommendations. When in-house resolution is not satisfactory, complaints of harassment must ordinarily be filed with external human rights agencies within 180 days of the alleged incident(s). Employees may also file with the EEOC within 300 days and students with the U.S. Dept. of Education OCR should file before the 180 days deadline.

In order to preserve the rights of the complaining party to bring such actions, the report of the AAO should usually be made within 60 days of the initiation of the formal charge for resolution. If it is not possible to complete an investigation and report within that time frame, the AAO will notify the complainant and the alleged harasser as to the cause of the delay and the expected time of completion.

Inappropriate Behavior: If the AAO believes that harassment has occurred and makes recommendations, the appropriate supervisor, administrator, vice-president, or next higher level administrator shall have 14 days in which to take appropriate corrective action by taking action to end the alleged harassment, and take reasonable steps to avoid the recurrence of the misconduct.

The AAO shall maintain a permanent record of agreements reached under informal resolution procedures, investigative reports, corrective action taken, and follow-up activities. All material and information contained therein is deemed to be confidential and will be made available to parties outside of the process only as required by law.

Should an appeal be taken from the AAO summary and recommendations, these records will be made available to the individual or panel hearing the appeal. All records of the AAO and any appeal shall be maintained to ensure proper monitoring and reporting.

If a student, either complainant or alleged harasser, is dissatisfied with the summary or recommendations of the AAO, he/she may file a written request with the Student/Faculty Judicial Committee chairperson for a review of the AAO's summary and recommendations. The request must be filed within 10 business days from his/her receipt of the AAO's summary and recommendations and must state the basis for the appeal.

If a campus faculty, administrator, or staff, who could be either a complainant or alleged harasser/discriminator, is dissatisfied with the summary and recommendations of the AAO, he/she may file a written request with the Office of the President for a review of AAO's summary and recommendations.

Upon receipt of the appeal, the president or her/his designee will make a thorough review of the written record of the allegations, request any additional information and within 10 business days following receipt of the appeal will issue a written decision that shall be final upon all parties to the charge.

It is illegal and a violation of this policy to retaliate against a person for complaining of harassment or discrimination, or for assisting, participating or cooperating in an investigation. When retaliation is charged, the complaining party can utilize the grievance resolution mechanisms specified in P&P 880.0 on the Impartial Board of Review for staff and faculty grievance process for faculty.

A claim that a detrimental action is retaliatory is established by proof that:

1.  The complaining party participated in any manner in a harassment or discrimination grievance or investigation

2.  Retaliation occurred