|
POLICY ON SEXUAL
HARASSMENT
Title VII, Section 703 of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972 (Higher Education Act) state that the
College will provide workers and students with an environment free from
any harassment based on their race, color, religion, sex, age, marital
status, national origin, or handicap. The College believes that sexual
harassment is intrinsically harmful and corrupts the integrity of the
educational process. The College is committed to maintaining an educational
environment that is fair, responsible, and free from unsolicited and unwelcome
sexual overtures.
Based on the Equal Employment Opportunity guidelines, King's College defines
sexual harassment as follows:
"Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature, constitute sexual harassment
when (1) submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; (2) submission to or
rejection of such conduct by an individual is used as the basis for employment
decisions affecting such individual, or (3) such conduct has the purpose
or effect of unreasonably interfering with an individual's work performance
or creating an intimidating, hostile, or offensive working environment."
It is the policy of the College that an act of sexual harassment is prohibited
conduct at the College, subject to disciplinary action by the College.
Complaints of discrimination and/or sexual harassment should be brought
directly to the equal employment opportunity director (director of human
resources) or to the vice president for academic affairs, the vice president
for student affairs, or the vice president for business affairs. Any complaint
received by the above-mentioned vice presidents, or by any other employee
of the College shall be referred to the EEO director.
PROCEDURES IN CASES OF ALLEGED SEXUAL HARASSMENT BY AN
EMPLOYEE
1. The Complaint
Complaints of sexual harassment should be brought to the Equal Opportunity
Director (Director of Human Resources). The complaint shall be in the
form of a written statement that sets forth the name of the individual
alleged to have committed an act of sexual harassment (the "respondent")
and a description of the conduct comprising the alleged harassment. The
complaint shall be signed and dated by the complainant.
Within two (2) days* of receiving the complaint, the EEO director shall
give the respondent a copy of the complaint. The respondent shall have
three (3) days from receipt of the complaint to provide a written response.
The EEO director shall then review the complaint and response and, if
warranted, initiate an investigation into the matter. Any such investigation
shall be conducted by the EEO director or by a person designated by the
EEO director. The investigation may include interviewing the parties,
obtaining statements from witnesses, and gathering documents.
Within fifteen (15) days of receipt of the complaint, the EEO director
shall issue a report of finding's (the "report") to the parties.
The EEO director may include in the report a recommendation for a voluntary
resolution of the complaint. If the complainant and respondent accept
the voluntary resolution recommended by the EEO director, the matter shall
be closed. If the EEO director does not recommend a voluntary resolution
or if the complainant or respondent reject the proposed voluntary resolution
a hearing shall be held. The decision of the complainant and respondent
to accept the voluntary resolution, or to reject it and proceed to a hearing,
shall be communicated in writing to the EEO director within five (5) days
of the date of the report.
2. Formal Hearing
The EEO director in consultation with the president shall initiate the
hearing proceeding by selecting a member of senior staff to serve as the
hearing officer. A copy of the complaint, response, and the report of
findings will be sent to the hearing officer. This report will be delivered
within three (3) days of either the report of findings or receipt of the
notice of rejection by either the complainant or the respondent. The hearing
officer shall conduct the hearing. The hearing shall be held within fifteen
(15) days of receipt by the senior staff of the aforementioned complaint,
response and report of notice of rejection from the EEO director. The
officer shall notify the complainant and respondent in writing of the
date and time of the hearing. The notification of hearing to complainant
and respondent shall advise them that they are entitled to be accompanied
at the hearing by a co-employee (or in a student's situation a King's
College employee or student) who may assist them throughout the proceeding.
Within ten (10) days of the conclusion of the hearing, the officer shall
issue a written decision. The decision shall set forth the finding of
the officer as to whether respondent has or has not committed an act of
sexual harassment. If the officer finds that no act of sexual harassment
has been committed, the complaint shall be dismissed. If the officer finds
an act of sexual harassment has been committed, the officer shall discipline
the respondent (recommend to the appropriate supervisor appropriate disciplinary
action to be imposed upon the respondent).
3. Appeal of the Decision
The complainant or respondent may appeal any aspect of the decision to
the president of the College. The notice of appeal shall be in writing
and received by the president of the College within ten (10) days of the
date of the decision. The notice of appeal shall set forth the matters
the appealing party seeks review of by the president. The president may
affirm, modify or reverse the hearing decision. The president shall notify
the parties in writing of the determination of the appeal. The determination
of the appeal by the president shall be the final decision in all regards
of the College's resolution of the complaint, except a tenured faculty
member may file a further appeal as provided for in Part One, VII, and
Part Two, V.B. of the faculty manual.
Confidentiality
The proceedings provided for under Part (1) herein shall be confidential.
The proceedings provided for under Part (2) and (3) shall be confidential
unless the complainant or respondent waive confidentiality by notifying
the EEO director in writing.
*All times indicated
shall be computed on the basis of the College work day and exclusive of
official school holidays. Extension of time may be permitted by mutual
consent of the parties and with the approval of the EEO director.
Students having reason to believe that they are being harassed or intimidated,
as set forth in the guidelines, by a faculty member or any King's College
employee may contact the director of human resources or the vice president
for student affairs. All cases will be referred to and thoroughly investigated
by the equal employment opportunity director, (director of human resources).
If a student feels that they are being sexually harassed by a peer, they
should notify the associate vice president for student affairs who will
refer them to the Student Judicial System. No employee or student shall
be discharged, discriminated against, or looked upon unfavorably in any
manner by the College because of charges made under this policy.
SEXUAL HARASSMENT:
WHERE TO GO FOR HELP
If you are being harassed by an employee, including faculty, staff, or
administration, contact Director of Human Resources, 108 North Franklin
Street. Telephone 208-5925.
If you are being harassed by another student, contact associate vice president
for student affairs, John Lane House, 166 North Franklin Street, telephone
208-5875. The victim can request that a Student Affairs staff member of
the same gender be available to assist the victim in the process.
If you would like information on the sexual harassment policy and procedures,
you may contact any of the following offices for assistance:
Associate Vice President for Student Affairs Office, John Lane House,
166 North Franklin Street
Human Resources Office, 108 North Franklin Street
Counseling Center, Administration Building
Campus Ministry Center
|