Office Of Human Resources

Manual on Sexual Harassment and Nonconsensual Sexual Activity

(Revised 3/23/95)

EXECUTIVE SUMMARY

This executive summary highlights the salient elements of the Le Moyne College Manual on Sexual Harassment and Nonconsensual Sexual Activity. By necessity, it is significantly abridged; check the manual for the official, and more detailed, description of the policy and procedures.

I. Policy Statement.

As an institution of higher education with a long standing Jesuit tradition, Le Moyne College recognizes its obligation to promote an environment and collective attitude which encourage students, faculty, staff, and administrators to serve others, participate in the life of the College, and act as responsible members of the community. Sexual harassment and nonconsensual sexual activity undermine the dignity of individuals and the principles of equality and respect for others. Le Moyne College does not condone or tolerate any verbal or physical conduct that would constitute sexual harassment or nonconsensual sexual activity as defined in this policy. Any student, faculty, staff, or administrator who engages in such conduct will be subject to disciplinary action in accordance with the guidelines stated in this policy.

II. Definitions.

Sexual Harassment is defined as any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct that relates to the gender or sexual identity of an individual when:

* submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or academic advancement;

* submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an individual's employment or academic standing;

* such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working, educational, or social environment.

Examples of Sexual Harassment. When accompanied by one or more of the three conditions listed above, the following activities constitute sexual harassment. These examples are not intended to be all inclusive.

· Direct or implied threats or suggestions that submission to or rejection of sexual advances will determine and/or affect working conditions, work status, promotion, tenure, grades, letters of recommendation, etc.;

· Continued unwelcome sexual flirtations, advances, or propositions;

· Subtle pressure for sexual activity including inappropriate or offensive sexual advances;

· Repeated staring or ogling:

· Verbal abuse of a sexual nature;

· Unnecessary patting or constant brushing against the body;

· Sexual innuendos or sexually explicit statements, comments, questions, jokes or anecdotes;

· Gender or homophobic harassment: persistently intimidating, hostile, derogatory, contemptuous, demeaning or trivializing remarks directed at one sex, or sexual orientation;

· Verbal or physical harassment of a person on the basis of sexual orientation;

· Spreading false statements of a sexual nature.

Nonconsensual Sexual Activity is defined as any sexual activity without mutual consent. It includes, but is not limited to, the following:

* Any form of nonconsensual sexual intercourse committed by physical force, coercion, threat, or intimidation, actual or implied, by a person(s) known or unknown to the victim;

* Any actual or attempted nonconsensual sexual activity, by a person(s) known or unknown to the victim, including but not limited to: (a) sexual intercourse or touching without consent, committed without physical force, coercion, threat, or intimidation; (b) public exhibitionism; and (c) sexual language of a threatening nature;

* Sexual activity involving a person unable to consent due to unconsciousness, mental incapacity, or physical helplessness resulting from alcohol or drug consumption regardless of whether the consumption was with the victim's consent.

III. Consensual Relationships.

Relationships that might be acceptable in other circumstances always pose inherent risks when they occur between members of the College community where a significant power or status differential between the parties exists. Voluntary consent, even if present, is always suspect, given the fundamentally asymmetrical nature of status and power. Professionalism within the College demands that those with authority not abuse, nor seem to abuse, the power with which they are entrusted.

This policy explicitly prohibits College personnel from pursuing romantic and/or sexual relationships with students they teach, advise, or evaluate. For all other types of dating relationships involving a significant power or status differential, Le Moyne College has adopted the policy that such relationships are ill-advised and that, even in a seemingly consensual relationship, there are very limited after-the-fact defenses against charges of sexual harassment or nonconsensual sexual activity. The individual with the power or status advantage in the relationship bears the responsibility for reducing the potential for coercion and favoritism by making appropriate arrangements for objective decision-making.

IV. Administrators of the Policy.

Sexual Harassment/Nonconsensual Sexual Activity Officers (SHOs). The oversight responsibility for the policy and procedures primarily rests with two Sexual Harassment/Nonconsensual Sexual Activity Officers ("SHOs"). These officers are appointed by the President for staggered, two-year, renewable terms of service and, as SHOs, report directly to the President. One SHO will come from the ranks of the faculty, and the other from the ranks of non-academic personnel. Whenever possible, the President will appoint a gender-balanced team. These officers will coordinate educational programs for the College community, train all relevant personnel, and administer the procedures described in the manual. Normally, the SHOs do not have a direct role in mediating, investigating, and judging cases. Instead, their role is to protect the integrity and fairness of the procedures.

The Board. The Sexual Harassment/Nonconsensual Sexual Activity Board consists of twenty members of the Le Moyne College community appointed by the President to staggered terms of two years. In general, the composition of the Board should reflect the diversity of the College community. The role of the Board members is: (1) to provide information and confidential advising, (2) to act as mediators, (3) to participate as members of Review Panels, and (4) to participate as members of Appeal Boards

Review Officers. A College Review Officer shall have the responsibilities of: (1) implementing interim measures based on the preliminary facts in a case, (2) appointing Investigating Teams, (3) appointing Review Panels from members of the Board, (4) determining appropriate sanctions and remedies based on Review Panel findings and recommendations, and (5) approving mediated settlements that occur after formal procedures have been initiated. In most cases, the person designated the Review Officer shall be the most senior administrator who directly reports to the President in the accused's chain of command. For example, for students the Review Officer is the Vice President for Student Life; for faculty the Review Officer is the Academic Vice President; and for staff in Campus Services, the Review Officer is the Vice President for Campus Services.

Investigating Team(s). In cases where a formal written grievance has been filed, an Investigating Team will be appointed by the appropriate Review Officer. This team will normally consist of the Director of Campus Safety and Security, and two Vice Presidential Review Officers under whose jurisdiction the accused does not fall.

V. Procedures.

Members of the Board are trained to provide clarification about the procedures described below to any member of the College community seeking assistance. When charges of sexual harassment or nonconsensual sexual activity are brought in the judicial system, Board members are also available to provide procedural advice and/or personal support to the complainant and the accused throughout any proceedings related to the case.

Information. Any member of the Le Moyne community may talk with any member of the Board about sexual harassment and nonconsensual sexual activity. Information about options available to address allegations of sexual harassment or nonconsensual sexual activity and their possible outcomes may also be discussed.

Informal Mediation. Informal mediation is an option complainants may take if they would like help in addressing their complaint without pursuing formal action. At the complainant's request, a Board member who engages in informal mediation will try to facilitate a satisfactory resolution of the complaint. If informal mediation is unsuccessful, complainants retain the option of initiating formal grievance procedures.

Formal Grievance Hearing. Individuals who believe that they are the victim of sexual harassment or nonconsensual sexual activity may choose to lodge a formal complaint with the SHOs. When a formal written complaint is filed, an Investigating Team will be appointed by a College Review Officer to gather evidence and prepare a recommendation as to whether there is "reasonable cause" to believe a violation of policy occurred. If there is reasonable cause, a five-member Review Panel will be appointed by the Review Officer to conduct a hearing and prepare a written report of their findings and recommendations. The findings of the Review Panel will be based on "a preponderance of evidence." After reviewing the Panel's findings and recommendations for corrective action, if any, the Review Officer will take formal action.

Appeal Procedures. After a Review Panel has made its judgment and a College Review Officer has taken formal action, the complainant or the accused may appeal the decision. Appeals must be submitted in writing to the SHOs and must be based on questions of improper procedure, new evidence uncovered after the hearing, excessively harsh sanctions, or inadequate remedial relief. The President will appoint a five-member Appeals Board to determine whether the case should be re-examined, and if there is reasonable cause for this, the Appeals Board will conduct a hearing and prepare a written report of their findings and recommendations. After reviewing the Appeals Board's findings and recommendations for action, if any, the President shall take final formal action.

Institution-Initiated Proceedings. Normally, individuals are responsible for filing complaints on behalf of themselves. However, in cases which are particularly egregious, the College may need to bring formal charges on its own behalf. In such cases, if the alleged victim(s) is willing to testify, the College may initiate formal grievance procedures. The decision to undertake institution-initiated proceedings lies with the President, who will appoint a senior administrator as the formal complainant.

Mediated Settlements. At any stage during formal grievance procedures, either one of the parties may contact the SHOs to indicate his or her interest in reaching a mediated settlement. The SHOs will contact the other party, and if similar interest is evinced, will consult with both parties to find a mutually satisfactory mediator to work towards a settlement. Any agreement must be approved by the Review Officer and recorded with the SHOs.

VI. Rights of the Complainant and the Accused. Both parties have rights to fundamental standards of fairness within any campus judicial proceedings, to an expeditious review of the complaint, to consultation with a Board member for procedural guidance, and to support from a member of the College community during any judicial hearing. In addition, both parties have the rights to present witnesses on their behalf, to hear and respond to the testimony of the other party and of witnesses, and to obtain independent legal counsel at his or her own expense. Independent legal counsel will not be permitted to be present during formal campus judicial hearings, and may only be present at mediation sessions with the unanimous consent of all parties. For a complete listing of each party's rights, see Appendix III.

VII. Disciplinary Sanctions and Corrective Action. The College is committed to rectifying the consequences of sexual harassment and nonconsensual sexual activity. When warranted, remedies such as tuition refunds, paid counseling, compensation for wages and job-related losses, reinstatement, and promotion may be part of the formal action taken by the College. Sanctions will also be imposed on violators of the policy. Student offenders will be subject to one or more of the disciplinary sanctions adopted by the College Judicial System. (see the Le Moyne College Student Handbook). Possible sanctions for College employees include, but are not limited to, the following: a letter of reprimand, an apology to the victim, loss of choice assignments, loss of travel dollars, mandatory counseling at the employee's expense, change of job assignment, probation, immediate or deferred suspension without pay, demotion, and dismissal.

VIII. Retaliation. Any individual who retaliates against any person who reports, or is thought to have reported, alleged sexual harassment or nonconsensual sexual activity, or who retaliates against any person who testifies, assists, or participates in an investigation or hearing relating to a sexual harassment or nonconsensual sexual activity charge will be subject to severe disciplinary action. Such retaliation shall be considered a serious violation of this policy and shall be independent of whether the alleged sexual harassment or nonconsensual sexual activity is substantiated.

IX. Academic Freedom. All members of the Le Moyne community have a right to use the academic forum provided by the College to discuss controversial subjects and express unpopular or unfamiliar ideas. However, under the shield of academic freedom, members of the community do not have the right to sexually harass others. Nor may any member of the community implicitly or explicitly use the threat of filing a sexual harassment complaint as a mechanism for the advancement of certain ideas and the silencing of others.

X. Fraudulent Charges. This policy shall not be used to bring fraudulent charges against a member(s) of the College community. If an administrator of the policy comes to believe that a person has deliberately or maliciously filed false charges, that person will be subject to a thorough investigation and severe disciplinary action.

XI. Confidentiality and Record-Keeping.

Confidentiality. Persons looking for information or seeking avenues of redress may be concerned about the confidentiality of the information they are sharing. Similarly, a person whose behavior is in question may also have concerns about how case information is handled. The College is eager to create a safe environment in which individuals are not afraid to discuss concerns, make complaints, or reach mediated agreements. While requests for confidentiality cannot be guaranteed, they will be protected to as great a degree as is legally and ethically possible. Any Administrator of the Policy who violates confidentiality is subject to disciplinary action.

Reporting Requirements. College administrators, supervisors, faculty, and Board members have the responsibility of reporting information to the SHOs about a probable violation of this policy. The written report should briefly describe the alleged offense, the status and gender of the alleged victim, and the name, gender, and status of the alleged offender. The identity of the alleged victim should not be revealed unless permission has been granted. No grievance procedures that would involve the alleged victim will ever be initiated by the College without his or her consent and cooperation. Only counselors, clergy, and medical personnel when they would find themselves in breach of their professions' code of ethics are exempt from this reporting requirement.

Record-Keeping. The record-keeping procedures, as outlined in the manual, are designed to protect the confidentiality of individuals to the maximum degree consistent with protection of the Le Moyne College community against future sexual harassment or nonconsensual sexual activity. Unless putting a report in an offender's personnel or academic file is part of the disposition of a case, the only records maintained on cases will be kept in a locked file by the SHOs, who are the only officers of the College that will have access to the file.

An Audio Recording shall be made by the College of all Review Panel and Appeals Board hearings. Access to the audio recording of a Review Panel or Appeals Board hearing will be given to the complainant and/or accused at their request.

Reference Letters and Statements. When a person who has violated, or who is thought to have violated, this policy seeks employment elsewhere, responses to written or verbal requests for reference information must be coordinated with the SHOs, the appropriate Review Officer, and College counsel. In such circumstances, some subtle legal and ethical obligations rest on all College personnel.

XII. Reports to the Community. In the case of an incident that poses a threat to the campus community, immediate release of information by Campus Security is required. In addition, in a report due September 1 of each year, the SHOs will publish information (in a form that protects anonymity) that will assist the Le Moyne community in educating itself about the incidence of sexual harassment and nonconsensual sexual activity at Le Moyne.

XIII. Informational and Educational Programs. It shall be the responsibility of the SHOs to insure that the College community is adequately educated about sexual harassment, nonconsensual sexual activity, and the College's policy and procedures for responding to problems. Educational activities shall include: (1) ensuring that every member of the community is given a copy of the policy and procedures, (2) training administrators of the policy, and (3) providing workshops and seminars for the College community.

XIV. Review of Policy. This policy shall be reviewed in depth on a periodical basis, and may be amended as deemed necessary or desirable by the President. The President, in consultation with the Board of Trustees, shall have final decision-making authority on the policy and procedures.

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