Sexual Harassment Policy
Approved by the Board of Curators September 12, 1997.
CONTENTSIntroduction • Policy Statement • Legal Authority • Definition • Examples of Prohibited Behavior • Reporting A Complaint • Confidentiality • Non-Reprisal • Malicious, False Accusations • Consensual Relationships • Reporting Policy • Confidentiality • Non-Reprisal • Procedures • Informal Complaint Procedures • Formal Complaint Procedures • Right of Appeal • Right to Representation • Complaint Form
INTRODUCTIONLincoln University, as an educational institution, has a commitment to the maintenance of ethical and professional standards and strongly subscribes to the principles of academic freedom. In this regard, Lincoln University acknowledges the fact that academic freedom protects the rights of all members of the University community - administrators, faculty, students, and staff. Academic freedom, however, is not a license or privilege which allows a single person or group to act without regard for another. True academic freedom is fostered in an environment in which every person is protected from intimidation, exploitation, coercion, and discrimination. Sexual harassment, in any of its guises, is discriminatory and hinders academic freedom. Sexual harassment is a form of employee or student misconduct that undermines the integrity of the working and learning environment. The policy and procedures herein for dealing with sexual harassment have been designed to ensure the academic freedom of everyone and at same time protect the rights of all.
POLICY STATEMENT
It is the policy of Lincoln University to provide an environment that is free from sexual harassment because such conduct seriously undermines the atmosphere of trust and respect that is essential to a healthy work and academic environment. This policy applies to all members of the University community, who are encouraged to promptly report complaints about sexual harassment. Persons found to be in violation of this policy shall be subject to disciplinary action that may include, but is not limited to, written warning, demotion, transfer, suspension or dismissal.
LEGAL AUTHORITYSexual harassment is a form of sex discrimination that is prohibited by Title VII of the Civil Rights Act of 1964, by Title IX of the Education Amendments of 1972, and the Missouri Fair Employment Practices Act.
DEFINITION
The Missouri Code of State Regulations 60-3.040 (17) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission of such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
- Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
The regulation also states that, in determining whether conduct constitutes sexual harassment, the record as a whole and the totality of the circumstances will be examined, on a case-by-case basis.
A third party may be file a complaint under this policy if the sexual conduct of others in the education or work environment has the purpose or effect of substantially interfering with the third party's welfare, academic or work performance.
EXAMPLES OF PROHIBITED BEHAVIOR
Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:
- Unwelcome sexual propositions, invitations, solicitations, and flirtations.
- Threats or insinuations that a person's employment, wages, academic grade, promotional opportunities, classroom or work assignments or other conditions of employment or academic life may be adversely affected by not submitting to sexual advances.
- Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene phone calls.
- Sexually suggestive objects, pictures, videotapes, audio recordings or literature, placed in the work or study area, may embarrass or offend individuals. Such materials if used in an educational setting should be related to educational purposes.
- Unwelcome and inappropriate touching, patting, or pinching; obscene gestures.
- Consensual sexual relationships where such relationships lead to favoritism of a student or subordinate employee with whom the teacher or superior is sexually involved and where such favoritism adversely affects other students and/or employees.
CONSENSUAL RELATIONSHIPS
It is in the interest of Lincoln University to provide a clear statement about the professional risks associated with consensual romantic and/or sexual relationships between members of the University community where a conflict of interest and/or a power differential between the parties exist. Individuals entering such relationships must recognize that:
- Conflict of Interest may arise when such relationships occur between and among faculty, staff, students and prospective employees. Although the policy of Lincoln University does not expressly forbid consenting romantic or sexual relationships between faculty or staff and students, or between supervisors and subordinates, such relationships are strongly discouraged. Persons involved in such relationships should realize that if a charge of sexual harassment were subsequently lodged, it would be exceeding difficult to prove immunity on grounds of mutual consent.
- Power Differentials between the parties in a consensual romantic and/or sexual relationship may cause serious consequences even when conflicts of interest are resolved. Individuals entering into relationships must recognize that:
A. The reasons for entering, maintaining, or terminating such a relationship may be a function of the power differential;
B. Where power differentials exist, even in a seemingly consensual relationship, there are limited after-the -fact defenses against charges of sexual harassment. Furthermore, under certain situations consensual relationships may be outside the scope of employment for University employees and, if so, an individual would not be covered by the state's liability protection in subsequent litigation; and
C. It is almost always the case that the individual with the power or status advantage in the relationship will bear the burden of accountability.
REPORTING POLICY
Where a conflict of interest exists, or may exist, in the context of a consensual romantic and/or sexual relationship, the individual with the power or status advantage shall notify his or her immediate supervisor. The supervisor shall have the responsibility for making arrangements to eliminate or mitigate a conflict whose consequence might prove detrimental to the university or to either party in the relationship.
CONFIDENTIALITY
Lincoln University encourages an environment in which individuals are unafraid to discuss concerns and make complaints. The confidentiality of this process is highly important. While the confidentiality of the information received, the privacy of the individuals involved, and the wishes of the complainant regarding action by the University cannot be guaranteed, these areas will be protected to as great a degree as is legally possible.
NON-REPRISAL
No faculty, administrator or staff, applicant for employment, student, or member of the public may be subject to restraint, interference, coercion or reprisal for action taken in good faith to seek advice concerning a sexual harassment complaint, or to serve as a witness or a panel member in the investigation of a sexual harassment complaint.
MALICIOUS, FALSE ACCUSATIONSA complaint whose allegations are found to be both false and brought with malicious intent will be subject to disciplinary action which may include, but is not limited to, written warning, demotion, transfer, suspension, or dismissal.
PROCEDURES
An initial course of action for any individual who feels that he or she is being sexually harassed is for that person to tell or otherwise inform the harasser that the conduct is unwelcome and must stop. However, in some circumstances this course of action may not be feasible, may be unsuccessful, or the individual may be uncomfortable dealing with the matter in this manner.
Any one may seek advice, information or counseling on matters related to sexual harassment without having to file a complaint. Persons who feel they are experiencing is a form of sexual harassment, are encouraged to talk with whomever they feel comfortable. Students are directed specifically to contact the Vice President of Student Affairs. Employees of the University are directed specifically to contact the Human Resource Office, or the Office of the Affirmative Action Officer. If the Vice President of Student Affairs, Human Resource Director, and or the Affirmative Action Officer is involved or directly accused of being the harasser, then the complaint may also be received directly by the President. The person seeking information and advice should be counseled as to options for actions for action available under this policy. The contact persons are available to serve as resources to any individual who has a sexual harassment complaint or inquiry.
INFORMAL COMPLAINT PROCEDURES
An Informal Complaint must be filed before a Formal Complaint is filed. An Informal Complaint (Form 1) may be filed with the Vice-President of Student Affairs, Department of Human Resources Services, or the Office of Affirmative Action. A complaint by a student must be filed with the Vice-President of Student Affairs: as well as complaints alleging violations by a student. Employees of the University must file a complaint with the Department of Human Resources or the Office of Affirmative Action. In many instances, informal discussions and mediation can be useful in resolving perceived instances of sexual harassment. The contact person who receives the completed (Form 1) shall review the complaint. At this stage of the informal resolution process, the complainant should be counseled as to the options for action under this policy. One of many options would be for the complainant to discuss the allegations contained in the complaint. To the extent possible, information disclosed through this advising process will be held in confidence, unless and until the complainant agrees that additional people must be informed in order to facilitate a solution. The aim of informal complaint resolution is not to determine whether there was intent to harass but to ensure that the alleged offending behavior ceases and that the matter is resolved promptly at the lowest possible level. No disciplinary action is taken in resolving informal complaints.
After exploring options to resolve the complaint, the contact person shall provide an opportunity for the complainant to indicate whether or not the informal procedure process has satisfactorily resolved the matter. The complainant then signs the (Form 1) indicating the resolution of the complaint. If, however, the complaint is not satisfactorily resolved, the contact person shall advise the complainant of the Formal Complaint Procedures.
FORMAL COMPLAINT PROCEDURES
The Formal Complaint Procedures are used to determine if a violation of University policy prohibiting sexual harassment has occurred. The complainant must indicate on the (Form1) that he or she desires to bring formal charges of sexual harassment against the individual (s) named in the complaint, (respondent (s)). The formal complaint is then to be given to the appropriate contact person, i.e. (Vice-President of Student Affairs, Department of Human Resource Services or Office Affirmative Action.) A copy of the complaint is to be issued to the respondent within three (3) working days. The respondent shall respond to the complaint in writing to the contact person within five (5) working days of receiving the complaint. The complaint and the response shall then be forwarded to the Office of Affirmative Action. The Affirmative Action Officer will organize a Review Panel within three (3) working days consisting of five (5) members from the University's Internal Grievance Committee. The Review Panel members will be chosen at random, but will include both men and women. The Review Panel will initiate an investigation of the charges in order to establish whether there is a reasonable basis that a violation of the University's Sexual Harassment Policy has occurred. The Review Panel may interview the complainant, any person named in the complaint, and other persons believed to have pertinent factual knowledge. To the extent possible, complaints will be handled confidentially, with the facts made available only to those who have a compelling need to know for purposes of investigation or resolution. The Review Panel shall complete the investigation within (10) working days of its formation. Upon the conclusion of the Review Panel's investigation, a written report shall be provided to the Affirmative Action Officer. The report should include the allegation(s) contained in the complaint, a summary of the investigation process, evidence considered in the case, the persuasiveness of the evidence, the consistency of the testimony, and the credibility of the witnesses. The report should clearly state whether the Review Panel believes a violation has occurred. The report should also include recommendations for the resolution of the case and/or whether, and to what extent, disciplinary action should be considered. The Affirmative Action Officer shall immediately notify the complainant and respondent of the Review Panel's findings. The notification shall include information regarding a party's right of appeal. The Affirmative Action Officer shall then send to the President of Lincoln University a copy of the Review Panel's findings and, where appropriate, make necessary recommendations.
RIGHT OF APPEAL
Any party may file a written notice or appeal through the Affirmative Action Officer within ten (10) days of receiving the Review Panel's findings.
The Appeal is then transmitted by notice to the President who presents it to the Board of Curators. The Board of Curators shall within thirty days (30) review the complete record. The Board of Curators may also request a party to appear before it. The decision of the Board of Curators shall be final.
RIGHT TO REPRESENTATION
The right of either party to be accompanied by a representative in an advisory capacity shall be recognized at any stage in the proceedings. Should either party choose to have an attorney present the Review Panel or appropriate officer must be notified in writing twenty-four (24) hours prior to any meeting at which the attorney (s) will be present. The University reserves the right to have legal counsel at any meeting at which either party appears with an attorney.
Complaint Form |
