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Policy 2.7.6

Policy 2.7.6

Policy and Procedures Manual

Classification Number: 2.7.6

Revised: July 27, 2020

SUBJECT: SEXUAL HARASSMENT
51³Ô¹ÏÍøÊÓƵ Baptist University is committed to providing its students, faculty and staff with an environment free from implicit and explicit coercive behavior used to control, influence or affect the well-being of any member of the college community. Sexual harassment of any person is inappropriate, unacceptable, and contrary to the Christian standards of conduct expected of all members of the university community, students, staff, and faculty. Conduct constituting sexual harassment is hereby specifically prohibited and will result in appropriate sanctions.

Definitions - Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature, submission to which is made a condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

In relation to the foregoing, sexual harassment may range from unthinking and often unintentional verbal denigration of a person on the basis of gender to actual physical assault. Some examples that may constitute sexual harassment are: offensive sexual flirtations, advances, or pressure for sexual activity; unwanted touching, pinching, or unnecessary brushes; unwanted exposure to sexual graffiti, photographs or suggestive objects; sexual innuendoes or statements made at inappropriate times or disguised as humor, or obscene gestures; disparaging remarks about one's gender; or any offensive or abusive physical contact.

Conduct, whether on or off university property, will constitute sexual harassment when:

  1. submission to, or toleration of, such conduct is made (either explicitly or implicitly) a term or condition of employment or participation in other university-related activities;
  2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions or academic decisions affecting such individual; or
  3. such conduct has the purpose or effect of unreasonably interfering with an individual's ability to function normally or of creating an intimidating, hostile or offensive environment.

Sexual harassment is a violation of Title VII of the Civil Rights ACT of 1964.

Discriminatory Harassment - Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discriminatory harassment. 51³Ô¹ÏÍøÊÓƵ Baptist University's harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom.

PROCEDURES FOR SEXUAL HARASSMENT COMPLAINTS

Informal Procedures
Persons believing that they have been the victims of sexual harassment may use one of the following informal procedures:

  1. Persons may seek a resolution of the matter through discussions with the alleged offender. Before adopting this approach, however, persons may choose to seek advice about how best to confront an individual whose conduct is offensive. Students are encouraged to consult with the Student Counseling Center. Faculty and staff may seek assistance through the appropriate cabinet member.
  2. If no resolution is forthcoming or if direct confrontation is deemed inappropriate, the person may report the incident or incidents to the alleged offender's immediate or general superior. The supervisor should attempt to resolve the complaint while endeavoring to maintain the complainant's anonymity, if requested. Supervisors are encouraged to consult with the appropriate cabinet member when necessary.
  3. A complainant may elect to report an incident of sexual harassment to the appropriate administrator in the following manner:
Alleged Offender Appropriate Contact
faculty member vice president of academic affairs
staff member individual's immediate supervisor
student executive director of student services

The above mentioned university officials may then contact the alleged offender's immediate supervisor, who should attempt to resolve the complaint while maintaining the complainant's anonymity.

Under these informal procedures, the complainant may, at any time, elect to stop further administrative action by withdrawing the complaint. The complainant can also decide to file a formal grievance with the appropriate administrator cited above.

Formal Procedures

Step I-Complaint Investigation

  1. Faculty - A formal complaint filed against a faculty member shall be directed to the dean of the corresponding school. The school dean should notify the faculty member concerned and investigate the case and determine within 12 working days whether further investigation or a recommendation for sanctions is warranted. Under appropriate circumstances, the school dean may decide to convene an ad hoc committee to review the facts surrounding the case and make recommendations for resolution of the complaint. Decisions regarding the complaint and any recommendations for sanctions by the school dean shall be reported to the vice president of academic affairs, who in turn, shall advise the president. The president shall notify the faculty member and the complainant of the decision.
  2. Staff - A formal complaint filed against a staff member shall be directed to the individual's immediate supervisor and will be handled in accordance with established procedures. If the complaint is not resolved at the supervisory level, it will be forwarded through the chain of command to the appropriate cabinet member. The cabinet member should determine within 12 working days of receipt of the complaint whether further investigation or a recommendation for sanctions is necessary. When circumstances warrant, the cabinet member may convene an ad hoc committee to review the facts surrounding the case and make recommendations for resolution of the complaint. Any decisions by the cabinet member regarding resolution of the complaint, including any recommended sanctions, shall be reported to the president, who shall confirm notification to the staff member against whom the complaint has been filed, and notify the complainant of such outcome.
  3. Students - A formal complaint against a student shall be directed to the executive director of student services, who should investigate the case and determine within 12 working days whether further investigation or a recommendation for sanctions is necessary. When circumstances warrant, the executive director of student services may convene an ad hoc committee to review the facts surrounding the case and make recommendations for resolution of the complaint. The executive director of student services shall notify the student against whom a complaint has been filed and the complainant regarding resolution of the complaint, including any recommended sanctions. A copy of the case shall be filed with the vice president of enrollment management.
  4. Student Employees - Graduate assistants, whether teaching or non-teaching, will be considered faculty for the purpose of these procedures. All other student employees (graduate and undergraduate) would be considered students for the purpose of these procedures. If the incidence of sexual harassment is job related, the executive director of student services may contact the alleged offender's supervisor.

Step II - Use of an Ad Hoc Committee (Optional) - The appropriate administrator in each instance shall make the decision as to whether circumstances warrant the convening of an ad hoc committee to further investigate the circumstances surrounding the complaint of sexual harassment. The committee should comprise no more than seven persons chosen by the appropriate administrator. The committee shall include both males and females, and, if a student is involved in the complaint, the committee will include student representation. Any meetings by the ad hoc committee shall be closed to outside parties not specifically concerned with the complaint. The committee investigation should begin and conclude within 40 working days from the date of receipt of the complaint by the appropriate administrator.

A written report outlining the facts, as determined by the committee from the evidence presented, and recommendation of any sanctions should be prepared and submitted to the appropriate administrator within 20 working days of the conclusion of the investigation of the case. Recommended sanctions may include, but are not limited to, formal reprimand, probation, or dismissal from the university.

Step III - Appeals from Sanctions - Appeals from recommended sanctions should be directed to the president of the university.

Retaliation Prohibited - Retaliatory action of any kind is prohibited when taken against a witness or other person providing testimony, or against the complainant seeking redress under the applicable procedures dealing with sexual harassment. Such retaliatory action shall be regarded as a separate and distinct cause for complaint.

Contact for Interpretation: President

This policy statement supersedes all previous policy statements on this subject.



Revisions:

-   07/27/2020 - Revision-added Discriminatory Harassment definition
- 08/14/2017 - Revision-title changes
- 01/08/2016 - Revision-Title III changed to Title VII, deletion of paragraph following FORMAL PROCEDURES heading

-   11/17/2013 - Review-change vice president in most place to cabinet member

-   12/18/2008 - Title change

-   04/25/2007 - Reviewed

-   08/01/2004 - Reissued as policy 2.7.6

-   07/21/1993 - Inception date policy 2.3.1

Printable Policy 2.7.6

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