DIXIE STATE COLLEGE OF UTAH

POLICIES AND PROCEDURES MANUAL


Section: 5-Student Services

Policy No: 34

Approved: 4/26/96

Policy: SEXUAL HARASSMENT/DISCRIMINATION

5-34 SEXUAL HARASSMENT/DISCRIMINATION

34.1 In accordance with the Equal Employment Opportunity Commission's regulations and amendments, this policy deals with any problems of sexual harassment on the campus or related to the instructional setting. Students are protected by this policy and the law. However, for sexual incidents of assault or other criminal acts, the college security office should be contacted immediately.

34.2 The sexual harassment of any student is illegal and absolutely forbidden. Retaliation against a complainant in a sexual harassment complaint or those involved in an investigation is also forbidden. The college complies with Section 703 of Title VII of the Federal Civil Rights Act of 1964, which makes sexual harassment a form of sex discrimination and makes employers responsible for seeing that this type of behavior does not occur. Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally sponsored programs, which protects students at Dixie State College. The college also complies with the Governor's Executive Order of March 17, 1993, prohibiting sexual harassment in employment for all state employees, including students.

34.3 Definition

As used in this and other college policies, "sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

34.3.1 Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, or academic work or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals; or

34.3.2 Such conduct unreasonably interferes with an individual's work or academic performance or creates an intimidating, hostile, uncomfortable, or offensive working or learning environment.

34.4 Procedures

34.4.1 Introduction. College officials are responsible to take prompt necessary steps, including timely and appropriate disciplinary action, to ensure and maintain an environment free of sexual harassment, retaliation, intimidation and coercion against the complainant (student who believes they might be the subject of sexual harassment), witnesses, those conducting the investigation and anyone else involved in the investigative process.

34.4.2 Reporting, Investigation and Resolution. An immediate investigation must be conducted whenever this type of activity is observed or reported. Therefore, students who are sexually harassed, or who believe that they might be the subject of sexual harassment, are strongly encouraged to report the behavior and file a complaint.

34.4.2.1 A College Employee. When the alleged harasser is a college employee, the complainant should contact or be referred to the director of human resources within one working day. The director of human resources must explain options and procedures to the complainant and take immediate action to try to resolve the complaint. All sexual harassment complaints must be reported to the human resource director or vice president of student services regardless of the severity of the incident. The human resource director or dean of student will review the complaint within five working days and make a recommendation to the appropriate vice president as to whether the case should be handled informally or formally (by an appointed investigative team). The human resource director or the vice president of student services will also notify the appropriate college vice president within two working days.

34.4.2.2 Immediate Supervisor. When the alleged harasser is the employee's immediate supervisor, the employee should contact, within two working day, the director of human resources. The human resources director will review the complaint. A decision will be made within two working days if the complaint is to be handled informally or formally (by an investigative team). The human resources director will also notify the appropriate vice president within one working day.

34.4.2.3 Student(s). Sexual harassment complaints involving students should be referred within two working days to the vice president of student services who will explain options and procedures to the complainant and review the complaint with the director of human resources. A decision will be made if the complaint is to be handled informally or formally (by an investigative team). The director of human resources or the vice president of student services will also notify the appropriate vice president within two working days.

34.4.2.4 Third Party. When an employee observes an apparent act of sexual harassment involving someone else, which creates a hostile environment for the observer, this employee should report the conduct to the vice president of student services or the director of human resources.

34.4.3 Privacy. Due to the personal nature of such complaints, and the damage that could result to the career and reputation of any person falsely accused of sexual harassment, all investigations and hearings surrounding such matters shall be designed, to the maximum extent possible, to protect the privacy of, and minimize suspicion toward the accused, the complainant, and any individual involved in the investigation. Although confidentiality cannot be guaranteed, it should be exercised by all parties in all phases and areas before, during, and after appropriate action is completed.

34.4.4 Informal and Formal Resolution. The vice president of student services, with human resources assistance, shall determine within two working days whether a particular situation requires a formal investigation on a case-by-case basis. If the decision is made that the complaint can be addressed informally, the vice president of student services will conduct a timely and thorough investigation. The investigation should take no longer than 20 working days. After completing the investigation, the vice president of student services should share his or her findings within two working days with the director of human resources and the appropriate vice president.

If there is cause to support a formal investigation, the vice president of student services and the director of human resources will have three working days to review the complaint and appoint two individuals (one male and one female) as an investigative team to conduct the investigation.

The investigative team will have a total of 20 working days to conduct the investigation, complete the investigation report and make a recommendation to the director of human resources or the vice president of student services. The director of human resources or the vice president of student services may grant an extension of up to 10 working days, if requested prior to the 20 day investigation limit. During the investigation, the investigative team will report to the director of human resources or the vice president of student services on a weekly basis. The team will then meet with the college's legal counsel to review the case prior to the investigation. After the investigation, the team will prepare written findings. The team will review the findings with the director of human resources and the vice president of student services and make verbal recommendations. Subsequent to the review of the findings, the director of human resources, the vice president of student services, and the investigative team will develop written recommendations. The written findings and recommendations will be given to the appropriate vice president. The vice president will notify those involved, counsel with the college's legal counsel, and determine appropriate action within 10 working days of receipt of the findings and recommendations.

34.5 If there appears to be no foundation to the allegation, no record shall be made of the allegation in either the accused or complainant's official personnel file. However, all investigative notes and documentation should be forwarded to and retained by the director of human resources. Such notes shall not be used in subsequent sexual harassment complaints against an employee who was falsely accused. They will be retained in order to show the college did investigate the original complaint. In the event of an unfair allegation without foundation, the record shall be sealed to all except to verify an investigation occurred and appropriate action was taken. While the college does not condone or permit sexual harassment or retaliation against the complainant, or anyone involved in the investigative process, intentional false claims or bad faith allegations in the use of this policy may result in disciplinary action against the accuser.

34.6 If a foundation for the allegation exists, the vice president of student services will consult within two working days with the appropriate vice president and the director of human resources for advice as to the appropriate discipline before any corrective action is implemented against the offending individual. Any disciplinary action will be commensurate with the scope and severity of the occurrence, and may include, but will not be limited to, a warning, reprimand, probation, suspension, or dismissal.

34.7 During informal and formal investigations, the original resolution, including complete file/notes and the investigative report, will be hand delivered within two working days to the appropriate administrator for confidential filing. No notes or documentation will be kept by either the investigative team or the vice president of student services. In the case where disciplinary action has been taken against a student, a report will be retained by the vice president of student services and promptly forwarded to the director of human resources' office.

34.8 The director of human resources will consult with the vice president of student services to determine the disciplinary action for students who commit sexual harassment following guidelines in the student code of conduct concerning official complaints filed by students.

34.9 Appeal. The student who has been disciplined may appeal according to the student grievance procedure. A faculty or staff member who has been disciplined may appeal according to the college's employee grievance procedure.