Sexual Harassment Policy and Procedures

Purpose

This policy is adopted to promote an atmosphere in which all members of the Sampson Community College community may work and study free of sexual harassment and to provide for the orderly resolution of complaints of sexual harassment. The sexual harassment policy and procedures are distributed and made available to the campus community through the Student Handbook, College website, and an informational brochure. The policy is also posted on the College information board in the North Building.

Policy

All members of this College community are expected and instructed to conduct themselves in such a way as to contribute to an atmosphere free of sexual harassment. Sexual harassment of any student or employee by any other student or employee is a violation of the policy of this College and will not be tolerated. Any such person violating the policy will be disciplined in accordance with the procedures outlined below.

Definition

Requests or demands for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature by any student or employee constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing, or
2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual, or
3. such conduct has the effect of unreasonably interfering with an individual’s performance, or creating an intimidating, hostile or offensive working/learning environment and is not protected by free speech under the First Amendment to the Constitution.

Sexual harassment refers to behavior that is not welcome, that is personally offensive, that fails to respect the rights of others, and that, therefore, interferes with the individual’s work/learning effectiveness. Sexual harassment may take different forms. One specific form is the demand for sexual favors. Other forms of harassment include, but are not limited to:

• Verbal: Comments of a sexual nature, including innuendos, suggestive comments, jokes, propositions, threats, and degrading/discriminating/stereotypical words; comments directed primarily at one’s gender.
• Nonverbal: Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, obscene gestures.
• Physical: Unwanted physical contact including touching, pinching, brushing the body, pushing.

Examples of Prohibited Conduct

Prohibited conduct may include, but is not limited to, unwelcome behavior with sexual overtones that is intimidating or offensive to the recipient or observer of the behavior such as:

• Grabbing, touching, or patting
• Sexual propositions
• Sexually offensive pictures, magazines, notes, calendars, cartoons, or jokes
• Unwanted flirtations or advances
• Repeated pressure or requests for sexual activities
• Rewards for sexual favors or withholding of rewards for refusing to grant sexual favors
• Graphic comments about an individual’s body or dress
• Sexually degrading names
• Teasing a person about their sexual orientation

When reporting an incident, it is helpful to provide as much information as possible. Such information includes:

• A description of the event or events,
• The number of occurrences with dates and places,
• The names of any witnesses, and
• If appropriate, documents, papers, and/or other exhibits

Sexual harassment can apply to people of the same gender, not just male/female interactions. Whatever form it takes, sexual harassment is insulting and demeaning to the recipient, and will not be tolerated at the College. All employees, administrators, faculty and staff alike, are responsible for maintaining an environment that is free from sexual harassment. Students, as well, are expected to comply with this policy and to take appropriate measures to ensure that such conduct does not occur. Employees or students who violate this policy will be subject to appropriate disciplinary action up to and including termination or expulsion.

Do not take sexual harassment lightly. The College cannot address the problem unless and until it is made aware a problem exists. Do not wait until the situation becomes intolerable to report sexual harassment.

Appointment of Grievance Officer

The President shall appoint two or more sexual harassment officers (hereafter termed “grievance officers”) whose duty is to receive complaints in an informal manner. The names of the grievance officers are posted annually on the official bulletin board of the College (located at the east entrance of North Building) with the list of College committees.

Sexual Harassment Grievance Officers

Frankie Sutter, Title IX Compliance Officer

Dean of Student Services

Director of Security

If none of these grievances officers are available, employees should report such incidents through the chain of command or to the College president. Students should report such incidents to their instructor or any member of the College administration.

Application of Grievance Procedures

Any employee who believes that she/he has been sexually harassed by a supervisor, a co-worker, or by anyone else associated with the College, or who believes that another employee is being subjected to sexual harassment, should report the matter immediately to either of the grievance officers so that appropriate corrective action may be taken.

Any student who believes that she/he has been the subject of sexual harassment or who believes that another student is being sexually harassed, should report the situation immediately to either of the grievance officers so that appropriate corrective action may be taken.

Following a complaint of sexual harassment, an investigation will be undertaken by the College. The College will, to the maximum extent feasible, maintain the confidentiality of all complaints on a need-to-know basis. However, an adequate investigation of such complaints generally will require disclosure to the accused party and other witnesses in order to gather pertinent facts.

No retaliatory measures will be taken against any student or any employee for complaining of sexual harassment. Likewise, no retaliatory measures will be taken against any individual for assisting or cooperating with the College in its investigation of sexual harassment complaints.

Any employee, student, or member of the College community who feels he or she has been or may have been subjected to sexual harassment is strongly encouraged to seek assistance from one of the grievance officers.

Any employee or student who has reported a violation but does not feel that appropriate corrective action has been taken may appeal the College’s action to the College’s Board of Trustees as set forth in Chapter VIII of the Board Manual. Also, the person or persons against whom the complaint was made may appeal to the Board of Trustees as set forth in Chapter VIII. The Board Manual may be found in the College Library and on the College’s website.