Occidental College Human Resources 1600 Campus Road Los Angeles, CA 90041 Telephone: 323/259-2613 Questions: hr@oxy.edu

I.  Introduction and Policy Statement Occidental College is a community of faculty, students, administrators, and staff dedicated to the purposes of teaching, scholarship, and service. The College is committed to providing equal opportunity in education and employment and will not tolerate sexual harassment. To fulfill this commitment, the College must maintain an environment in which individuals are judged and rewarded solely on the basis of relevant factors such as ability, prior experience and accomplishments, effort, and performance. The environment also must be one in which all employees and students can pursue their work and education free from coercion, intimidation, and exploitation. Sexual harassment is a form of discrimination that undermines the community the College seeks to maintain. The College is dedicated to bringing about an end to sexual harassment by providing education, informal assistance in resolving situations, and, where appropriate, a formal complaint process that includes disciplinary procedures. Sexual harassment violates federal and California law, including Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, California Education Code Section 200 et seq., and the California Fair Employment and Housing Act. The College will not tolerate conduct that violates any of these laws or that otherwise creates an environment which is not conducive to work or education. Consistent with California Education Code Section 94367, the definition of sexual harassment contained in this policy, as it applies to students, shall be subject to the limitations of the First Amendment to the United States Constitution and Article 1, Section 2 of the California Constitution. This means that some forms of speech that may be offensive to some members of the College community may not lawfully be punished under this policy. This policy is intended to provide guidelines for members of the College community and is not intended to confer any contractual rights or create any contractual obligations. In all cases the College will act to protect academic freedom. To the extent that any provision in this policy is or may be interpreted to be inconsistent with the requirements of state or federal law, the College will adhere to the applicable law. When sexual harassment occurs between teacher and student or between supervisor and subordinate, it exploits unfairly the power inherent in a faculty member's or supervisor's position. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on the career of a student, staff member, or faculty member, both at the College and beyond. Although instances of sexual harassment where a power differential exists between the persons involved are commonly cited, the College also recognizes that sexual harassment occurs between peers. Whatever the circumstances, sexual harassment, like other forms of intimidation, exploitation, or coercion, interferes with the personal freedom of others. As such, it is unethical, unprofessional, illegal and unacceptable. This policy applies to all members of the college community. This community includes, but is not limited to, employees, students, visitors, contractors, and vendors associated with Occidental College. Any member of the College community may file a complaint under the procedures outlined below, and every member of the community is covered by the prohibitions contained herein. When necessary this policy shall be reviewed. Any revision of this policy shall be undertaken by the president in consultation with faculty, staff, and students. II.  Definition of Sexual Harassment The College hereby adopts a definition of sexual harassment that is consistent with regulations promulgated by state and federal agencies responsible for enforcing anti-discrimination laws. Under this policy, the College recognizes the following as sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following circumstances: Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment, or status in a course, program, or activity; Submission to or rejection of the conduct by the individual is used as the basis for any employment or academic decision affecting the individual including, but not limited to, decisions involving benefits and services, grades, honors, programs, or activities available at or through the educational institution; Such conduct is so severe or pervasive that it interferes with an individual's work or educational performance, or  creates an intimidating, hostile, or offensive environment for work or learning A.  Examples of Sexual Harassment Sexual harassment can either be quid pro quo harassment (definitions II.1 and II.2 above), or "hostile environment" harassment (definition II.3 above). Within the guidelines set forth in the previous definition, a wide variety of conduct may qualify as sexual harassment in the workplace or educational setting. It is impossible to list all potential behaviors, but the following is a partial list of conduct prohibited by the law and this policy when it occurs under the conditions outlined in the definitions stated above: 1.  Sexual contact that is not freely agreed to by both parties, including inappropriate touching, hugging, or fondling. 2.  Coercion for the purpose of sexual relations including subtle pressure for sexual activity. 3.  Unwelcome direct propositions of a sexual nature, including those occurring in situations that begin as reciprocal attractions, but later cease to be mutual. 4.  Comments, questions, or statements of a sexual nature; epithets or jokes relating to gender or sexual orientation; remarks of a sexual nature about a person's body or clothing; remarks or speculation about sexual activity or sexual orientation directed at another; suggestive or obscene letters, notes, emails, phone calls, or invitations. 5.  Sexual gestures, displaying of pornographic pictures, cartoons, or objects. 6.  Any conduct or pattern of conduct that has the purpose or effect of creating an uncomfortable or hostile working, learning, or campus living environment for third parties who are witness to the harassment; or any consensual relationship where third parties (i.e., fellow employees or classmates) are disadvantaged by the relationship. Note that incidents of rape and sexual assault have criminal implications and are processed in accordance with the Occidental College Sexual Assault Policy. III.   Consensual Relationships Even when relationships are consensual, care must be taken to eliminate the potential for harassment or other conflicts.  College practice, as well as more general ethical principles, precludes individuals from evaluating the work or academic performance of those with whom they have amorous and/or sexual relationships, or from making hiring, salary or similar decisions. The employee must immediately disclose the relationship to his or her supervisor.  Upon learning about such a relationship, the supervisor, Dean or Department Chair has the authority and responsibility to eliminate any direct administrative or academic relationship between the involved individuals. When a consensual personal relationship arises and a power differential exists, consent will not be considered a defense in a claim that the College policy has been violated.  The individual in the relationship with greater power will bear the burden of accountability.  Under no circumstances will the College allow consensual relationships to exist between administrators, faculty and students or staff.  Violations of this policy will result in disciplinary action up to and including termination of employment. IV.  Responsibility for Implementing the Policy All members of the College community are responsible for maintaining an environment free of sexual harassment and have an obligation to address harassing behavior. The College has invested a special responsibility in two groups to deal with sexual harassment: the designated college officers and the advisors. The designated college officers are responsible for receiving and processing all formal and informal complaints; the advisors, if requested, provide advice and support to victims of sexual harassment. A.  Designated College Officers The designated college officers (DCOs) are responsible for accepting all formal and informal complaints of sexual harassment, for investigating allegations of violations of this policy, and for representing the College in formal hearings following a Stage 2 determination (see Section IV.B.5), and for providing documents to the Senior Administrator, the Hearing Panel and the President. They are the associate deans of the college, a director of student services, the director of human resources, an assistant director of human resources, the Title IX officer and up to four other officers from staff, faculty, and/or administration to be appointed by the president for three-year terms. At the minimum there will be 6 DCOs. Because senior administrative officers of the College (viz., the four vice presidents, the dean of students, and the president) will make the final judgment regarding disciplinary actions resulting from the filing of a formal complaint, it is inappropriate for them to be designated college officers. The Title IX officer shall have responsibility for all record-keeping relating to this policy and for creating periodic statistical reports of complaints and resolutions as directed by the president or his or her designee, or as required by law. Listed below are the 2010-2011 Designated College Officers: Phoebe Dea, x2625 Associate Dean of the College, Norris #107 Jacie Feigelman, x2614 Associate Director of HR, Arthur G. Coons Administrative Center 114 Irene Girton, x2590 Associate Dean of the College, Booth, M-24 Emily Harris, x2870 Associate Director for Advocacy & Accountability, Arthur G. Coons Administrative Center 111A Erica O'Neal Howard, x2849 Title IX Officer, Coons Administrative Center 111 Richard Ledwin, x2526 Director of Human Resources, Arthur G. Coons Administrative Center 114 Holly Nieto, x2598 Director of Campus Safety, Facilities Bldg. Dolores Trevizo, x2943 Associate Dean of the College, Johnson 110 or South Swan D-2 2010-2011 Student Advisors Emma Ceddia (em eceddia) Jillian Mendoza (em jmendoza)  Emma Wasserman (em wasserman) Jessica Welty (em welty)            2010-2011 Staff Advisors Chad Myers, x1321 Community Director, Residential Education and Housing Services, Rangeview 230 Marivel Santos, x2937 Human Resources Coord., Human Resources, Arthur G. Coons Administrative Center 114 Rita Soultanian, x2996 Career Counselor, Career Dev. Center, Arthur G. Coons Administrative Center 109 2010-2011 Faculty Advisors Carolyn Brighouse, x2588 Assoc. Professor, Philosophy, Johnson 302 Walter Comins-Richmond, x2636 Asst. Prof., Language & Literatures, Johnson 401 Adrian Hightower, x2826 Asst. Prof., Physics, Hameetman 117 Lynn Mehl, x2929 Professor, Kinesiology and Psychology, BioScience 313 B.  Trained Advisors The Advisors program carefully trains selected students, staff, and faculty to provide support to victims of sexual harassment. Any member of the Occidental College community may request assistance from an advisor in understanding how to utilize the Policy on Sexual Harassment. A complainant may ask an advisor to provide assistance through the process of informal and/or formal resolution. (See Appendix D for details regarding the advisors program.) V.  Complaints Every possible effort will be made to keep all complaints or concerns regarding sexual harassment in confidence during both the informal and formal complaint procedures. (See Appendix A for the specific details regarding confidentiality during the complaint process.) All complaints filed under this policy must be filed within one year after the alleged violation of this policy. When a complaint alleges continuing violations by one individual toward the same complainant, the one-year period for filing a complaint shall begin to run on the date of the last alleged incident. A person who believes that he or she has been sexually harassed may make use of one or more of several alternatives, including: 1. Directly informing the person involved that the conduct is offensive; 2. Reporting the situation to the college official or supervisor in his or her organizational hierarchy, as appropriate; 3. Seeking assistance from an advisor or a designated college officer; 4. Filing a complaint with a designated college officer. Anyone receiving notice of sexual harassment shall review the options available under the sexual harassment policy and refer the complainant to a designated college officer and/or advisor. The designated college officers are available to provide advice on options to any student, faculty, staff, or administrator who receives a complaint. Any complainant may receive confidential assistance, protected by legal privilege (see Appendix A), through Emmons Student Health and Counseling Center. A complaint may be processed through either or both of the    following options: · Option A: Informal Complaint -- involves discussing the complaint with a DCO and choosing options for its resolution; · Option B, Stage One: Formal Complaint -- involves a written complaint and an investigation which results in a finding and a recommended action which is then referred to a senior administrative officer for action; · Option B, Stage Two: Appeal to Hearing Panel -- involves a formal hearing which results in a finding and a recommended action which is referred to a senior administrative officer for action; · Option B, Stage Three: Final Appeal -- involves a review of the finding and action by the President's office. If a complaint of sexual harassment is brought against anyone charged with reviewing, deciding, or enforcing the informal or formal complaint process, that person shall be removed from any role in the processing of that complaint. An officer of comparable or higher rank shall assume his or her duties until the complaint is resolved. A. Option A:  Informal Complaint The designated college officers are available to assist students, faculty, administrators, and staff in resolving complaints of sexual harassment informally. An unwritten informal complaint is lodged by informing a DCO of alleged sexually harassing behavior; the DCO will work with the complainant in seeking to stop the behavior. DCOs will be trained in informal conflict resolution and will work to resolve disputes with these methods. Possible resolutions are listed in Section V of this policy. The designated college officers will take all reasonable steps to maintain the confidentiality of anyone seeking guidance on problems related to sexual harassment and of anyone accused of sexual harassment. Informal resolution generally does not involve any disciplinary sanctions. Informal complaints should be concluded within 30 calendar days after they are lodged. Where this is not reasonably possible, the DCO shall notify the complainant that resolution of the complaint will be delayed and indicate the reasons for the delay. The DCO shall keep the complainant informed at every stage of the resolution process. In cases in which the DCO informs the person against whom the complaint has been made of the complaint, the DCO will promptly send a written record to the Title IX officer. If there is no satisfactory resolution of an informal complaint, the complainant has the option of filing a formal complaint (Option B). Even if a complainant has not used the informal resolution process, she/he has the right to file a formal complaint. B. Option B, Stage One: Formal Complaint 1.  The complainant makes a formal written complaint describing the time, place, and details of the alleged harassment in writing to a designated college officer. The complainant may also provide the DCO with a list of witnesses. The “respondent” in this document refers to the person against whom a charge of sexual harassment has been alleged. 2.  The DCO shall, within 2 business days: a.  Inform in writing the Title IX officer and the appropriate senior administrator that a complaint has been filed: if the respondent is a student, the dean of students; if an employee, the appropriate vice president in accordance with the current organizational chart on file in Human Resources; for human resources and for visitors, contractors, and vendors, the report goes to the vice president for administration and finance. For each employee who does not report to a vice presidential area, the president will keep an updated list in the Title IX office of the appropriate senior administrator for formal sexual harassment complaints. b.  Notify the respondent in writing by forwarding a copy of the written complaint. The respondent may provide a written response to the DCO within 14 calendar days of receipt of the written complaint and may provide a list of witnesses. A response from the respondent is not a prerequisite for a complete investigation or a hearing. 3.  The DCO shall promptly investigate the complainant's allegations, including interviewing the complainant, the respondent, and any witnesses identified by the parties or through the investigation process, and examining any relevant records or physical evidence. The respondent may request that the DCO not interview him or her until the 14 day period for submitting a written response to the complaint has expired, or until a written response is submitted, whichever is earlier. The DCO is not required, however, to delay the other portions of the investigation pending submission of the respondent’s written response. No later than 21 calendar days after receipt of the complaint, the DCO shall issue a written report, including a recommended action (dismissal of complaint, remedy of situation, or sanction). 4.  The report will be sent to the complainant and the respondent. Both the complainant and the respondent have the right to submit a written response within 7 calendar days. 5.  Within 7 calendar days after the date on which a written response from the complainant and/or the respondent is due, the DCO will issue a final report with a recommended action to the complainant, the respondent, and the appropriate senior administrator as listed in 2.a. above. Either party has the right to appeal the recommendation of the DCO by requesting a full hearing of the complaint to the senior administrator within 7 calendar days of issuance of the final report. The request must state in writing the grounds for having a hearing.T he senior administrator, upon receiving a request for a hearing, shall notify the other party or parties immediately. Either party may appeal the hearing panel's finding and/or recommended action to the president within 7 calendar days of issuance of the hearing panel's report. The appealing party shall notify the senior administrator in writing that an appeal has been made. The decision of the president or his/her designee shall be final. 6.  If neither party requests a hearing or makes an appeal to the president, the senior administrator shall take action. The senior administrator shall not deviate from the recommended action unless he or she documents to the DCO, in writing, good reason for so deviating. Either party may appeal the finding and/or sanction within 7 calendar days of its implementation to the Office of the President. The decision of the president or his/her designee shall be final. 7.  The president shall respond to appeals in a timely fashion.The other times set forth above are designed to ensure prompt action on a complaint. However, it may not be feasible for each step to be completed within the specified time limit. If this is the case, the parties to the complaint shall be informed of the delay and of the reasons for the delay. 8.     The DCO shall send the record of the resolution of the formal complaint to the Title IX officer after the senior administrator concludes whether or not there is to be a hearing. The record shall contain the following and nothing else: the formal written complaint, the optional written response from the respondent, evidence including any written statements by witnesses, official correspondence on the case, the DCO’s procedural checklist, the DCO’s written report with recommended action, the optional written responses from complainant and respondent, the DCO’s final report, the optional written requests for a hearing from complainant and respondent, the recommended action of the senior administrator. In cases where the complainant or respondent requests a hearing, the DCO shall forward the decisions by the senior administrator to the Title IX officer. In cases where the complainant or respondent appeals to the president, the president shall issue the decision to the complainant, respondent, and Title IX officer.     C.  Option B, Stage Two: Appeal to Hearing Panel The appropriate senior administrator shall select at random the members of the hearing panel from the pool of available hearing panel members (see Appendix E) and shall notify the complainant and the respondent of the hearing date and the composition of the panel in writing within 7 calendar days of the request for a hearing. Each party shall have the right to replace one (1) member with an alternate member for any reason within 2 business days of notification. The appropriate senior administrator will retain the sole discretion to select any alternate panel member. The hearing shall be convened within 14 calendar days after written notification to the parties is issued. The hearing panels will be made up of three people. In addition, the following will apply:           1. The hearing panels will consist of one faculty member, one non-faculty employee, and one student unless either the complainant or respondent requests that a student not be on the panel, in which case the third hearing panel member will be a faculty member or a non-faculty employee. 2. Each panel will select its own chairperson. 3. To avoid conflicts of interest, senior administrative officers, DCOs,and Counseling Center staff may not serve on any hearing panel. 4.  At the Hearing Panel, there may be the Title IX officer or designee, optionally with counsel, serving to ensure that procedures are followed. Hearing Panel Procedures The complainant and the respondent may be accompanied by no more than one representative of their choosing, who may participate fully in the hearing (including presenting an opening statement, examining and cross-examining witnesses, raising any procedural or substantive objections, and making a closing argument). The complainant and respondent, and their respective representatives, may be present for the entire proceeding. Non-party witnesses will be present only during their own testimony. In cases where a finding of sexual harassment is being heard, the investigating DCO will be responsible for representing the College's position on the finding at the hearing if the complainant declines to represent him/herself. Each party shall have an opportunity to present an opening statement if he/she so desires. The complainant (or representative) shall present his/her statement first. The respondent (or representative) may then present his/her opening statement, if any, immediately following the complainant's, or he/she may reserve the making of his/her opening statement until the complainant has completed the presentation of all of his/her evidence. Following the opening statement(s), the complainant will present his/her allegations and all relevant supporting evidence, including the testimony of any witnesses. The respondent shall have an opportunity to question any witness presented by the complainant, including the complainant him/herself. Following the presentation of the complainant's evidence, the respondent shall have an opportunity to present his/her defense, including the testimony of any percipient or character witnesses. The complainant shall have an opportunity to question any witness presented by the respondent including the respondent him/herself. Members of the panel may question any witness as well. At the close of the presentation of all evidence, each party shall have an opportunity to present a closing argument. Neither party shall be required to do so. A tape recording of the testimony (and if and when needed a transcript of it) will be made which will be transmitted to the Title IX officer who shall be responsible for keeping the records.  Hearing Panel Deliberations and Decisions Following the presentation of closing arguments, the parties and their representatives will be dismissed and the panel will begin its deliberations. The panel will determine only whether the evidence makes it more likely than not that the complainant's allegations are true. he decision of a majority of the panel shall become the decision of the panel. The panel will not impose any disciplinary sanctions but may make a recommendation. The panel will deliver its decision in writing, with any recommended actions, to the appropriate senior administrator who will take action. The senior administrator shall not deviate from the recommended action unless he/she documents to the DCO, in writing, good cause for so doing.The senior administrator shall determine whether any accommodations for the complainant are appropriate. No member of the panel will communicate the substance of the panel's deliberations or its findings to any person other than the appropriate senior administrator. Notification of the Parties The appropriate senior administrator shall notify the respondent, the complainant, and the Title IX Officer in writing of the panel's findings and, if applicable, the discipline to be imposed. This should be completed within seven calendar days after completion of the hearing or as soon thereafter as practicable under the circumstances. D. Option B, Stage Three:  Appealing the Decision of the Hearing Panel If either the complainant or respondent believes that the decision is unjustified, or that proper procedures for investigating, reviewing or hearing a complaint under this policy have not been followed, or that the discipline imposed is disproportionate to the offense or otherwise inappropriate, he/she may within seven calendar days of receipt of written notice of the panel's findings, file a written appeal with the president or his/her designee. The decision on the appeal shall be issued to the complainant, respondent, and Title IX officer in timely fashion and shall be final. E.  Location of Records If the investigation following any complaint does not result in a finding of violation of this policy, records will not become a part of any individual's personnel, student, or Advisory Council file. If the respondent is found to have violated this policy, however, records of the case will become part of the permanent personnel, student, or Advisory Council file of the offending party. Records of all complaints and their resolutions will be kept by the Title IX officer for seven years. Access to personnel and student files, and the records maintained by the Title IX officer, is limited by Title IX, the Family Educational Rights and Privacy Act (the Buckley Amendment), and various state statutes and common law. These restrictions on the disclosure are designed to protect students, employees, and the College. This policy does not summarize these restrictions because they are too extensive for inclusion. Questions regarding access to records may be directed to the Title IX officer or the director of human resources.    VI.  Accommodations and Sanctions Occidental College will intervene promptly and effectively to put an end to sexual harassment. The accommodation or sanction will be consistent with the seriousness of the offense and will be designed and imposed in a manner reasonably calculated to end the harassment and to persuade members of the campus community to refrain from unlawful conduct. Possible accommodations for a complainant may include one or more of the following in the College's sole discretion: Removing the respondent from the environment (or removing the complainant from the environment) with the assurance that the respondent will not be in a position to retaliate, judge the complainant's performance, or influence the judging of the complainant's performance. In cases where the complainant is a student and the respondent a faculty person, moving the complainant to a new class or having the complainant's course work evaluated by another professor of the same department. In cases where both complainant and respondent are students, moving the respondent or the complainant to a different residence hall, class section or work environment, or suspension of the respondent until the complainant has left the College. In cases where both complainant and respondent are employees, a change of work hours or moving the respondent or complainant to another department. Disciplinary sanctions may consist of one or any combination of the following in the sole discretion of the College and in accordance with its policies: · verbal warning; · written warning; · performance of community service; · completion of an educational program; · a letter in the individual's personnel, student, or Advisory   Council ·    file; · probation · suspension; · expulsion; and · termination of employment. ·   VII.  Legal Recourse Outside of the College     A.  Civil Claims of Sexual Harassment In addition to the recourse offered within the College community by this policy, persons who believe they have been sexually harassed have the option of legal recourse outside of the College. (These options are available whether or not a complainant uses the options outlined in this policy to seek resolution within the College system.) The federal organization responsible for reviewing complaints of sexual harassment in the employment area is the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964, as amended. At the state level, charges of sexual harassment in employment may be filed with the California Department of Fair Employment and Housing (DFEH), which enforces the Fair Employment and Housing Act. Students are covered by Title IX of the Education Amendments of 1972, and complaints are reviewed by the U.S. Department of Education, Office for Civil Rights (OCR). Complaints to the OCR must be made in writing within 180 calendar days of the occurrence of the alleged harassment; to the EEOC within 300 calendar days; and to the DFEH within one year. VIII.   Policy Regarding Retaliation It will be a violation of this policy for any member of the College community to retaliate against any person who has filed a formal complaint or sought advice through the processes described in this document. It is also against College policy to retaliate against anyone who has participated in any manner in such processes. This provision applies to the respondent and all third parties. Violations are subject to discipline up to and including expulsion or termination.    APPENDIX A Confidentiality The College recognizes the sensitive nature of sexual harassment and sexual harassment complaints, both for the complainant and the accused. Both parties are entitled to as private a resolution of informal and formal complaints as can be afforded. The College expects all members of the College community to respect the rights of the parties and the private nature of these issues. DCOs, administrative officers, vice presidents, dean of students, hearing panel members and advisors, as participants in the processes established by this policy, shall not disclose any information relating to any complaint of sexual harassment to anyone who does not have a legitimate need to know in order to implement this policy. DCOs who receive informal and formal complaints should, at the initiation of each stage, discuss with complainants the extent to which their discussions may be kept confidential under this policy. While efforts will be made to communicate information about alleged sexual harassment only to those who have a legitimate need to know, there may be situations in which a DCO or other College officer will be required to make appropriate disclosures in order to eliminate a threat of imminent harm to a complainant or others in the College community. Legal Privilege Under some circumstances, a complainant may communicate either her/his complaint or any information concerning her/his complaint in complete confidentiality; that is, the person with whom she/he communicates cannot repeat any of the information without permission. Such complete confidentiality is available only when the communication is protected by a legal privilege. Examples of such communications are those between the complainant and her/his attorney, the complainant and a member of the clergy, the complainant and a physician, or the complainant and a psychotherapist. For these purposes a "psychotherapist" includes a licensed psychologist, psychiatrist, social worker, school psychologist, marriage, family and child counselor, or a person registered as a psychological assistant, or a psychological intern working under the supervision of a licensed psychologist or psychiatrist. Discipline Violation of these provisions regarding confidentiality will subject the violator to discipline. It shall not be considered a violation of these provisions to reveal information in the course of consulting legal counsel with regard to an individual's or the College's rights or obligations under the law. Discipline can include, but is not limited to, the following: · verbal reprimand by the president; · written reprimand by the president; · loss of honors, awards, or appointments to  committees, councils, boards, etc.; · if the violator is a DCO, that DCO shall be  removed from the position of DCO. · In the case of repeated violations or egregious violations (disclosure to campus or general press, potential employers, etc.) the discipline shall be more severe and in addition to the above, can include but is not limited to: · suspension from classes; · expulsion; · return to probationary employment status; · suspension of employment; · termination of employment. · APPENDIX B Education and Prevention The College administers a program to promote an environment on campus in which all members of the College community can function free of sexual harassment. Educational activities will be conducted regularly for all members of the College community, including College officers, department chairpersons and supervisors, faculty members, staff members and students. The Office of Human Resources shall be in charge of coordinating the training of designated college officers, advisors, and hearing panel members and of coordinating campus community educational efforts with the director of human resources and the vice president for academic affairs (dean of the college). All College officers, department chairpersons, supervisors, and presidents and chairpersons of the various councils share the responsibility to take educational and preventive steps in their areas. Examples of these steps are: 1.  Distributing flyers on the College policy; 2.  Raising the subject of sexual harassment at faculty meetings, staff meetings, orientation sessions, Greek and club meetings, and hall spreads each academic year, and at other appropriate occasions;  3.  Expressing strong disapproval of sexual harassment at such meetings, and when incidents of sexual harassment occur; 4.  Informing members of the College community of their right to raise the issue and how to raise the issue; 5.  Developing methods to sensitize members of the College community; and 6.  Urging caution with respect to consensual sexual relationships in circumstances where there is an imbalance of power (formal or informal), particularly when one of the parties has academic or supervisory authority over the other; 7.  Enforcing appropriate sanctions as set out in this policy. APPENDIX C Rights of the Respondent Great care has been taken in this policy to protect the rights of those experiencing sexual harassment. Equal care has been taken to ensure that the rights of the person charged with sexual harassment are protected. For example, a person formally charged has the right to receive immediate written notification that a complaint has been filed, the name of the complainant, and a copy of the complaint. During the process of investigation and/or hearing the respondent will have an opportunity to present evidence, including the names of witnesses or any supporting documentation, to the designated college officer and/or hearing panel. All investigations and hearings will be handled with discretion, sensitivity, and concern for the dignity of those involved. Support and Legal Assistance for the Respondent Several avenues of support and legal assistance are available to a person accused of sexual harassment. Personal counseling may be sought through Emmons Student Health and Counseling Center or through the employer-sponsored health care plans. Advice may also be sought from off-campus sources (e.g. legal counsel, the Teamsters Union [for members], the American Association of University Professors [for faculty], or appropriate federal or state agencies). Under no circumstances will the College pay any fees related to any professional services sought or obtained by the complainant, respondent, or third party witness in connection with this policy. APPENDIX D Advisors Program The Office of Human Resources shall be in charge of coordinating the selection, training, and supervision of the advisors. Each year there will be at least six and up to a total of fifteen advisors. Each advisor will serve for at least two years. Advisors will be selected in the Spring, to begin serving in the Fall. Role of Advisors Advisors perform the following roles: 1.  They serve as an information source for complainants regarding   the campus options available to them. 2.  They offer advice and general support to complainants (including during the investigative and hearing processes where the complainant is involved). 3.  When an advisor determines that a complainant may require formal counseling, he or she shall provide information regarding available on-campus and off-campus counseling services and encourage the complainant to contact one of them. Advisors are not trained counselors and should not assume such a role. 4.  They assist with sexual harassment education efforts within the campus. It will not typically be the role of an advisor to file formal or informal complaints on behalf of a complainant or group of complainants, although advisors may, of course, file complaints on their own behalf if they believe they have been victims of sexual harassment. Advisors must observe confidentiality (as outlined in Appendix A) with respect to any information they obtain in the course of their duties. This information includes the identities of complainants, accused individuals, and any third party witnesses or others, as well as the details of any allegations of sexual harassment of which they are aware. Any breach of the duty of confidentiality will be grounds for immediate removal from the advisors program. Composition of Advisors 1.  In the goal of recruiting fifteen advisors, the following composition will be sought: five students, five faculty members, and five administrators or staff members. 2.  Every effort will be made to include advisors who reflect the diversity of the campus in regard to sex, race, national origin, sexual orientation, and religion. 3.  To avoid conflict of interest, senior administrative officers, the designated college officers, director of human resources, and Counseling Center professionals may not serve as advisors. Selection Process 1.  The Office of Human Resources will accept applications from individuals interested in being advisors. 2.  A selection committee will be appointed by the Office of Human Resources. 3.  The selection committee will review the applications, interview finalists, and select the advisors. APPENDIX E Hearing Panel Selection A computer generated list will select hearing panelists in the categories faculty, students, administrators, and staff. At least five in each category will be trained to serve for up to three years as potential hearing panelists. As cases develop, three members will be asked to participate in a hearing, based on the guidelines outlined above in IV Complaints, Option B, Stage 2. Students will not be assigned to a hearing before their sophomore year.

Last Updated: 07/13/11