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Northland College prohibits faculty, staff, or students from engaging in sexual harassment in the workplace (including recruitment, appointment, and advancement) and in any academic setting.
Definition: Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other written, verbal or physical conduct of a sexual nature when:
submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, education or participation in a college activity;
submission to or rejection of such conduct by an individual is used as the basis for, or a factor in, decisions affecting that individual's employment, education or participation in a college activity; or
such conduct has the purpose or effect of unreasonably interfering with an individuals employment or academic performance; or
the harassment creates an intimidating, offensive, or hostile environment for that individual's employment, education or participation in a college activity;
The fact that someone did not intend to sexually harass an individual is generally not considered a defense to a complaint of sexual harassment. In most cases, it is the effect and characteristics of the behavior that determine if the behavior constitutes sexual harassment.
Harassment consists, in most cases, of more than casual or isolated incidents. Consideration should be given to the context, nature, scope, frequency; duration and location of the incidents, whether they are physically threatening or humiliating as opposed to merely offensive utterances, as well as to the identity; number and relationships of the persons involved.Harassment shall be found where, in aggregate, the incidents are sufficiently pervasive or persistent or severe that a reasonable person with the same characteristics as the victim of the harassing conduct would be adversely affected according to the definition stated above.
Education and Awareness
Northland College, through the Human Resources Director, will develop ongoing programs to educate students, faculty, and staff regarding the nature of discrimination and sexual harassment and to raise the awareness of all members of the Northland community to the Awareness rights of all, to be free from discrimination and sexual harassment. This program will be reviewed on a regular basis and appropriate revisions will be made when necessary. A collection of books, articles, and videotape programs about sexual harassment will be maintained in the Human Resource Office. Employees and students are encouraged to review this information.
Freedom of Speech and Academic Freedom
Principles of expression and free inquiry within the academic setting require that members of this community tolerate the expression of opinions that they may find to be distasteful or even abhorrent, keeping in mind that it is not the purpose nor the intent of this Policy to chill or otherwise discourage the open discussion of controversial issues or the free exchange of opinions and ideas occurring within the academic setting.
Members of an educational community such as ours should be attentive to the feelings and sensitivities of others, and should voluntarily adopt the high standards of civility and good taste that reflect mutual respect, understanding and sensitivity among all members of our diverse community. In particular, members of the faculty have a special role and position of authority with respect to students. They should treat students with respect and dignity and should be sensitive to the impact of their words and opinions.
For speech in the academic setting to constitute sexual harassment, it must be severe or pervasive, and persistent despite complaint, and not germane or essential to the subject matter. The academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material.
The academic setting includes classrooms and other instructional areas, faculty offices, other campus settings, vans, and off-campus sites including social settings in which a faculty member is acting in an academic role with students or colleagues.
If you feel you have been sexually harassed;
1. If possible, say "NO" to the harasser: Object to the behavior. Be specific about what you find objectionable and describe your feelings. There is a chance that the harasser may not know that his/her behavior is offensive.
2. If you feel you cannot handle a direct confrontation, you may wish to write a letter to the offending person, again being specific. Keep a copy of the letter.
3. Keep a record of offending incidents, including date, time, location, exactly what was said by both parties and any witnesses to the incident
4. If you feel that you have been sexually harassed in matters of employment or education employees are encouraged to talk to the Human Resource Director and students are encouraged to talk to the Associate Director of Student Development. Conversations with either person may be used to help you determine exactly what injustice has been done to you and how you might deal with the situation. Every effort will be made to keep these matters confidential. This person can also advise you of your rights to file a grievance under one of Northland's grievance procedures.
5. If you desire, the Human Resource Director or the Associate Director of Student Development may be able to informally approach the party you feel wronged by and seek to mediate a voluntary solution to the problem.
The following two procedures are available to all members of the Northland community who feel they have been sexually harassed. Formal complaints should be initiated within a reasonable amount of time after the offending incident (Note: Reasonable time could be based on the offense or length of the semester.)
Anyone may bring a formal oral complaint to the Director of Human Resources, or to the President of the College if the Director of Human Resources is a party to the complaint. Students may choose to discuss the complaint with the Associate Director of Student Development and ask that this person accompany them when they meet with the Director of Human Resources. Students and employees may bring another person with them to support them in the presentation of the complaint. The oral complaint should include specific charges including time, date, location and events of the offending incident. Ordinarily, within ten (10) working days, the person receiving the complaint will inform the accused of the specific charges and will issue a written response to the complainant. The response will summarize the facts complained of, any defense or facts contested by the accused, any further evidence obtained, and the proposed resolution. Any deviation from the timeline will not invalidate the proceedings unless they prejudice the process.
If the response received under Option A is unacceptable to either party, or if the complainant chooses to skip Option A, the complainant may proceed with Option B.
Individuals who feel they have been subjected to sexual harassment may file a written complaint, stating the specific facts and events giving rise to the complaint. This complaint is filed with the Director of Human Resources. The Director of Human Resources will personally deliver to the accused person a copy of the complaint or send a copy by a traceable delivery service, requesting a response from the accused person within 10 days of receipt of the complaint. When the written response is received, or the 10 days have passed, the Director of Human Resources will forward both statements to the President requesting that a hearing panel be convened. Any deviation from the timeline will not invalidate the proceedings unless the deviation causes severe prejudice to one party.
The President of the College will name a three-member hearing panel, consisting of at least one person who is the same class (student, faculty, PAT, operating staff, or maintenance) as the complainant, and at least one person who is in the same class as the person complained of. Either party may object to any member of the panel. In the event the parties and the President cannot agree on members of the panel, the President will ask each party to present a list of 10 acceptable persons. The President will convene a panel consisting of one person from each list and one person on neither list, but no one previously rejected by the parties.
The panel will act as a confidential advisor to the President in determining the facts and make recommendations. Prior to reviewing the complaint the panel will receive training in how to review a claim of sexual harassment.
The panel will review both the complaint and the response for:
-agreement as to the facts;
-disagreement as to the facts;
-agreement as to the conclusions ( i.e., that certain actions did occur and that those actions constitute sexual harassment.)
-if the harassment claim relates to the issue of academic freedom the panel will consult with the faculty member's colleagues from the same or closely related disciplines who will determine whether speech or course materials are essential or germane to the subject matter being taught.
The panel may request the Director of Human Resources to question witnesses and gather other evidence as is required for it to reach a conclusion as to the facts of the complaint. The panel will then forward to the President a report that includes:
-the charges from the complaint which if proven or admitted would constitute the offense complained of;
-defenses, admissions, or explanations from the accused;
-findings of fact (what the panel believes happened and why it believes such);
-recommendation for presidential action.
It is of the utmost importance that this grievance process be completed in a timely manner. It is equally as important that the process is fair and equitable. With this in mind it is recommended that the panel complete their deliberations in 20 days or less. The panel should keep the complainant and the accused informed on the progress and projected timeline for their investigation especially if it appears that the work of the committee will take more than twenty days.
Prior to the President's final decision the report may be forwarded to the parties involved and the parties may respond to the panel's recommendation in writing.
Ordinarily, the President's decision will be forwarded to the parties and the members of the panel within 10 days after receiving the panel's final report.
Any person engaging in sexual harassment is subject to disciplinary action issued by the President of the College. Depending on the circumstances, discipline could range from verbal reprimand up to and including dismissal for cause. Included in the range of disciplinary actions are: letter of reprimand to employment file, loss of privileges and opportunities, suspension with or without pay, academic suspension, termination of employment, or other actions deemed appropriate. Such persons may also be subject to legal prosecution.
An employee or student who in good faith files a sexual harassment complaint or employees or students who are called as witnesses to incidents of alleged workplace/learning environment harassment will not be retaliated against by any employee or student of Northland College for reporting or testifying about the workplace/ learning environment harassment. This is a serious issue and the College will make every effort to assist an employee or student in resolving a complaint without fear of any type of retaliation. Reprisals against any individual covered by this policy for reporting sexual harassment are prohibited by College policy, as well as state and federal law. (Refer to the Disciplinary Action section of this policy.)
Examples of retaliation may include:
Due to the seriousness of this issue and the potential harm to one's professional and personal reputation that a false accusation may cause, any employee or student who falsely accuses another student or staff member by filing a false complaint or by providing false testimony will be disciplined according to Northland College policy which may include termination or expulsion.
Failure to prove a claim of sexual harassment is not necessarily equivalent to a false allegation.
(Refer to the Disciplinary Action section of this policy.)
The College will make every reasonable effort to conduct all proceedings in a manner that will protect the confidentiality of all parties. Of primary concern is the protection of human rights, especially personal safety, dignity, and self-respect. Every reasonable attempt will be made to protect any victim from further harassment or injury. Cases involving sexual harassment are particularly sensitive and demand special attention to issues of confidentiality. Dissemination of information relating to the case should be limited, in order that the privacy of all individuals involved is safeguarded as fully as possible.
Any member of the College staff or faculty or students who fails to report sexual harassment may face disciplinary action according to Northland College policy.
All staff, faculty and students are strongly encouraged to report any incidents they may observe that they feel may constitute sexual harassment. Reports should be made to your supervisor, the Director of Human Resources, the Academic Dean or other Vice-Presidents and the President of the College.
It is important to recognize that sexual harassment may occur to a third party when that person is negatively affected by unwelcome or welcome sexual conduct between other individuals in that third party's work setting, academic setting or any other setting that requires a Northland employee or student be present for work or academic purposes. This includes athletic events, and off-campus activities such as field trips, training sessions, and other college sponsored activities.
The Sexual Harassment policy will be reviewed on an annual basis by the Director of Human Resources. Based on legal counsel, employee experience and suggestion, a review of "best practices" of colleges and universities, and any changes in state or federal law, the policy will be updated and improved to offer all individuals the best possible protection from sexual harassment.
The Director of Human Resources will conduct an annual evaluation of complaints/grievances filed and the conclusions of any investigations to determine if the procedures are fair and effective. Appropriate changes will be made when necessary.
It is intended that the implementation of these procedures shall provide adequate protection from and corrective action for retaliation against any complaining party as required by Title VII of the Civil Rights Laws and Title IX of the Education Amendments of 1972 and all other applicable federal, state and local statutes, ordinances, and regulations.
This policy, either in these terms or in its implementation, shall not discriminate for or against any person by reason of sex, race, religion, color, age, national origin, veteran's status, sexual orientation, or handicapped condition.
All employees, students, and patrons retain the right to file a formal complaint through the Equal Employment Opportunity Commission, 342 N. Water Street, Milwaukee, WI 53202 or to the Director for Civil Rights, Department of health, Education, and Welfare, Washington, D.C., which administers laws such as Title IX of the Education Amendments of 1972.
(Policy revised, September, 2000)
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