Sexual Harassment Policy

Sexual harassment is a violation of federal law, a violation of professional ethics and a form of discrimination. It will not be tolerated at Clark State Community College. It subverts the mission of the College and undermines the educational process. The very possibility of sexual harassment is destructive to individual students, faculty, staff and the entire College community.

Sexual harassment is especially destructive in relationships between teacher and student or supervisor and employee. In such situations, the student or employee can be intimidated by the teacher or supervisor's power in regard to grades, wage increases, evaluations, promotions, etc. Such an atmosphere of fear is not conducive to learning or productivity. Sexual harassment can also take place between persons of the same status, between students or between colleagues. Such behavior will not be tolerated since it creates an unacceptable working or educational environment.

Definition
For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment,
   
2. Submission to or rejection of such conduct is used as a basis for an employment or educational decision affecting an individual; or
   
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance, or of creating an intimidating, hostile or offensive environment for work or learning.

Examples
Sexual harassment can include, but is not limited to:

1. Direct propositions of a sexual nature
   
2. Physical assaults
   
3. Offensive physical contact such as patting or pinching
   
4. Unwelcome sexual flirtation
   
5. Sexually explicit statements, jokes or anecdotes
   
6. Subtle pressure for sexual activity and unwanted staring, an element of which may be repeated
   
7. Remarks about sexual activity or speculation about previous sexual activity

Administrative Procedures of Sexual Harassment Policy
The following administrative procedures pertain to the Clark State Community College policy on Sexual Harassment, which the Board of Trustees revised October 10, 1988. These are meant to assist employees and students in understanding their rights and responsibilities under the current policy (3358.10:88).

Isolated and Inadvertent Offenses
Because of differences in employees' values and backgrounds, some individuals may find it difficult to recognize their own behavior as sexual harassment. When College administrators become aware that sexual harassment may be occurring in their areas, they should direct those engaged in such conduct to undertake an educational program designed to help them understand the harm they are doing.

Consensual Relationships
The College's educational mission is promoted by professionalism in faculty-student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty members and students that harm this atmosphere undermine professionalism and hinder fulfillment of the College's educational mission. Trust and respect are diminished when those in positions of authority abuse, or appear to abuse, their power.

Faculty members exercise power over students and this faculty-student power is "manifested primarily in the instructional context, which includes course work, advisorships, student evaluation, recommendations and similar processes." Amorous relationships between faculty members and students are wrong when the faculty member has professional responsibility for the student. Such situations greatly increase the chances that the faculty member will abuse his or her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect given the fundamentally asymmetric nature of the relationship. Moreover, other students and faculty may be affected by such unprofessional behavior because it places the faculty member in a position to favor or advance one student's interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors. Therefore, the College will view it as unethical if faculty members engage in amorous relations with students enrolled in their classes or subject to their supervision even when both parties appear to have consented to the relationship.

No faculty member shall have an amorous relationship (consensual or otherwise) with a student who is enrolled in a class being taught by the faculty member. Amorous relationships outside the instructional context, while not specifically prohibited, should be discouraged and are "very unwise."

Complaint Process
A formal complaint alleging violations of the College's sexual harassment policy may be filed by any person with the College's Human Resources Office. An informal complaint may also be brought to the attention of an appropriate administrator. The next section details the appropriate procedures to follow in each action.

Informal Complaint
At the complainant's option, an informal complaint that one or more provisions of the College policy have been violated may be brought to any appropriate member of the College community, including any administrator such as the Vice President of Academic and Student Affairs, Vice President for Business Affairs, Dean of Student Affairs, Dean, Coordinator, Director, Supervisor, Counselor, etc.

The person to whom the complaint is brought will counsel the complainant as to the options available under these administrative procedures and, at the complainant's request, may help the complainant resolve the complaint informally and/or help the complainant draft a formal complaint if the complainant decides to follow that route.

The person to whom the informal complaint is brought will not inform the accused of the complainant's action without the consent of the complainant.

Investigation Prior to Formal Action
A complainant wishing to make a formal complaint and have it pursued should file it with the College's Human Resources Office, which will consult with the appropriate administrative officer to determine the method by which the investigation will be conducted.

The purpose of the investigation is to establish whether there is a reasonable basis for believing that the alleged violation of the College policy has occurred. In conducting the investigation, the appropriate administrator may interview the complainant, the accused and other persons believed to have pertinent factual knowledge. At all times, the administrator conducting the investigation will take steps to ensure confidentiality.

The investigation will afford the accused a full opportunity to respond to the allegations.

Possible outcomes of the investigation are: (a) a judgment that the allegations are not warranted; (b) a negotiated settlement of the complaint; or (c) institution of formal action described in succeeding sections of these administrative procedures.

Process of Taking Formal Action
If, after reviewing the report of the investigator, the appropriate administrative official concludes that there is a reasonable basis for believing the alleged violation of the College's policy has occurred and a negotiated settlement cannot be reached, formal action will be taken.

Formal Action
Formal action means filing a grievance according to the approved process. Grievances are to be filed promptly, within ten (10) days of the incident (for Support/Building Services Staff, students, Instructional Faculty or Management/Professional employees). If the incident is a continuing matter, the grievance may be filed at any time.

If the complainant is a student, the Student Grievance Procedure should be followed. Copies of the procedure are available in the College's Human Resources Office.

If the complainant is a Support/Building Services member, the grievance should be filed according to the Grievance Procedures in the Support/Building Services Handbook. Copies of the procedure are available in the College's Human Resources Office.

If the complainant is an Instructional Faculty or Management/Professional employee, the grievance should be filed according to the Grievance Procedures outlined in the appropriate handbook. Copies of this policy are available in the College's Human Resources Office.

Protection of Complainant and Others
Investigations of complaints will be initiated only with the complainant's consent. The complainant will be fully informed of steps taken during the investigation.

All reasonable action will be taken to assure that the complainant and those testifying on behalf of the complainant or supporting the complainant in other ways will suffer no retaliation as the result of their activities in regard to the process. Steps to avoid retaliation might include arrangements that academic and/or employment evaluations concerning the complainant or others be made by an appropriate individual other than the accused.

Protection of the Accused
At the time the investigation commences, the accused will be informed of the allegations, the identity of the complainant and the facts surrounding the allegations.

In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the accused if it was damaged by the proceeding.

A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to appropriate discipline.

Protecting Both Parties
To the extent possible, the proceedings will be conducted in a way calculated to protect the confidentiality interests of both parties.

After the investigation, the parties will be informed of the facts developed in the course of the investigation.

The parties will be informed promptly about the proceeding.

Education as a Key Element
Educational efforts are essential to the establishment of a campus milieu that is as free as possible of sexual harassment and in which high standards of conduct in consensual relationships are observed. There are at least four goals to be achieved through education: (1) ensuring that all victims (and potential victims) are aware of their rights; (2) notifying individuals of conduct that is forbidden; (3) informing administrators about the proper way to address complaints of violations of this policy; and (4) helping educate the insensitive about the problems this policy addresses.

The College's Human Resources Office is charged with distributing copies of the College policy and the accompanying administrative procedures to all current and future employees and students.

The College's Human Resources Office will develop a series of training sessions for persons who are likely to receive complaints that the College policy has been violated.

The College's Human Resources Office will develop a program designed to inform those who inadvertently violate the College policy of the problems they create by their insensitive conduct.

Permission granted to use major portions of the Front Range Community College Sexual Harassment Policy/Procedures by President Cary Israel, October 1988.