802.18 SEXUAL HARASSMENT
POLICY
Sexually harassing behavior, like other forms of
discrimination prohibited by law, is prohibited at Georgia Perimeter College in
accordance with University System of Georgia policy and the law.
I. SEXUALLY HARASSING BEHAVIOR
A. For the
purposes of this policy, sexual harassment may be defined as follows:
1. Sexual conduct of any nature which is
unwelcome and not freely or mutually agreeable to both parties; or,
2. Communications of a sexual nature,
whether verbal, written or pictorial, which are unwelcome and made with the
intent to intimidate the person(s) receiving such communication; or,
3. Solicitation of sexual conduct of any
nature, when submission to or rejection of such conduct is intended to be the
basis for implicitly imposing adverse or favorable terms and conditions
employment or academic standing.
B. Unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature may constitute sexual harassment when:
1. Submission to such conduct is made
explicitly or implicitly a term or a condition of an individual's employment;
or,
2. Submission to or rejection of such
conduct is used as a basis for employment decisions affecting an individual;
or,
3. Such conduct unreasonably interferes
with an individual's work performance, or creates an intimidating, hostile, or
offensive working or academic environment.
(Board of Regents’ Policy Manual,
Section 802.18; BR Minutes, 1980-81, pp. 237-38).
II. INFORMAL PROCEDURES
Problems,
questions, and grievances may be brought to and discussed with any individual
at the next supervisory level (above the level of the person being complained
of), or the Affirmative Action Officer.
Some College officials or faculty members are particularly well-informed
and well-placed to help with problems of sexual harassment. These officers may be especially useful in
advising and aiding a person's own efforts to resolve a problem.
1. Students may seek the help of a faculty
member, Dean of Academic Services, Department Chair, Student Affairs Advisor,
Dean or Director of Student Affairs, or Affirmative Action Officer.
2. Clerical and Classified Personnel may
consult the appropriate Provost, Dean of Academic Services, Department Chair,
Department Director, or Affirmative Action Officer.
3. Faculty members may see the Vice
President for Academic and Student Affairs, Dean of Academic Services, or
Affirmative Action Officer.
Any of
the above-named officers may be prepared to offer information informally or to
refer the complainant to a good source of information. Throughout the advising process, information
will ordinarily be held by these officers in confidence until the initiating
individual agrees that a third party or parties must be informed to facilitate
a solution. Information on the formal
complaint procedures may be obtained from the Affirmative Action Officer.
Anyone
with an inquiry, complaint, or concern is welcome to bring another member of
the Georgia Perimeter College faculty or staff to discussions with a designated
officer.
No
person will be reprimanded or discriminated against in any way for initiating
an inquiry or complaint in good faith.
It is also the College's policy to protect the rights of any person
against whom a complaint is lodged.
Once an
inquiry or complaint is brought forward, every effort will be made to resolve
the problem within a reasonable period of time. It should be emphasized that merely discussing a complaint with
one of these officers does not commit one to making a formal charge.
III. FORMAL
PROCEDURES
Anyone
who believes himself-herself to be the object of sexual harassment may choose,
either initially or after having sought a resolution through one of the officers
described above, to bring a complaint through the College's formal procedures,
with the possible outcome of disciplinary action against the accused. Those procedures are described below.
1. Written or formal charges of sexual
harassment may be filed with the Affirmative Action Officer of Georgia
Perimeter College. The written charges
must be brought by sworn affidavit and signed by the complainant; the complaint
may be shown to the accused.
2. Formal charges should be brought within
a reasonable time (usually thirty (30) working days) of the occurrence of the
alleged act which is the subject of the complaint.
3. The Affirmative Action Officer will
make a preliminary investigation of the written charges to make a determination
as to the possibility of an informal resolution.
4. The Affirmative Action Officer may
consult with complainant, the person named in the complaint and others, if
appropriate, in order to ascertain the facts and views of both parties.
5. The Affirmative Action Officer may
request affidavits from the person named in the complaint and all other parties
and witnesses.
6. The Affirmative Action Officer will
report his/her findings to the President of Georgia Perimeter College and to
the parties, along with recommendation, if any, regarding informal resolution.
7. Any written requests for a hearing
shall be made to the President within ten (10) days of the Affirmative Action
Officer's report.
8. The President shall appoint a
Chairperson and two (2) members of the Committee of Review shall be selected in
the following manner:
a. The complainant may select one (1)
committee member; and,
b. The person named in the complaint may
select one (1) committee member.
9. Only full-time, permanent employees may
serve on the Committee of Review. The
Committee of Review may include representation from the faculty, the staff, or
a combination of both provided, however, that in the event the person charged
in the complaint is a faculty member, the Committee shall be composed only of
faculty members and selected in compliance with the By-Laws of the Board of Regents (Article VI (B) 8d).
l0. The Committee of Review will thoroughly
investigate the written charge of sexual harassment and conduct the
hearing. The parties shall be informed
of the date of the hearing at least three (3) days prior to said date by
certified mail, return receipt requested.
Said accused faculty member shall be given notice pursuant to Section
803.12 of the Board of Regents’ Policy
Manual and other relevant sections of the Board of Regents’ Policy Manual and College statutes.
11. The hearing shall be conducted pursuant
to procedures established by the Committee of Review and in compliance with
this Policy.
12. The Committee will present its findings
or confidential information to the President for further action within ten (10)
working days of the conclusion of the hearing.
13. The President shall render a final
decision in the matter and notify the parties involved within a reasonable
period of time.
14. At each step, the College's procedures
seek to protect, insofar as possible, the privacy of individuals involved in a
complaint. Both in fact-finding and in
the final disposition of a complaint, every effort will be made to carry out
procedures confidentially insofar as it does not interfere with the College's
legal obligation or ability to investigate allegations of misconduct when
brought to its attention, and to take corrective action when it is found that
misconduct has occurred.
l5. Prompt reporting is strongly urged, as
it is often difficult to trace the facts of an incident or incidents long after
they have occurred. Ordinarily, formal
complaints must be brought within thirty days of the incident(s).
16. Use of these internal procedures does not
foreclose subsequent legal action.
Complainants may wish to obtain legal advice as they consider the
courses of action open to them.
However, the proceedings are not those of a court of law and the
presence of legal counsel is not permitted during the proceedings. The strict rules of legal evidence shall not
apply. Complainants may wish to have at
discussions of the complaint another member of the College faculty or staff.
17. A permanent, written record of the formal
complaint process and its outcome shall be retained by the Affirmative Action
Officer.
18. Throughout the complaint process, every
effort will be made to protect the complainant from reprisals and to protect
the accused from irresponsible complaints.
IV. PENALTIES
Any person
who is found in violation of this policy shall be subject to dismissal or other
sanctions, (Board of Regents’ Policy
Manual, Section 802.18; BR Minutes, 1980-81, pp. 237-238 and Section
803.11; BR Minutes, 1974-75, pp. 304-313; 1982-83, p. 23).
V. APPEALS
Any
appeals of the final decision of the President shall be made in accordance with
the procedures set forth in Article IX of the By-Laws of the Board of Regents.
Revised 1/08/91
Revised 11/01:
“DeKalb College” changed to “Georgia Perimeter College”; “Vice President
for Academic Affairs” changed to “Vice President for Academic and Student
Affairs”