| TITLE |
NUMBER |
APPROVED DATE |
| SEXUAL HARASSMENT AND RELATED UNPROFESSIONAL CONDUCT |
8-2-0 |
10 - 22 - 04 |
LEGAL AUTHORITY |
| SBTCE 8-5-101: SEXUAL HARASSMENT |
PHILOSOPHY
In our academic community, we seek to foster the fullest development of peoples' abilities and aspirations. The mission of Trident Technical College can be realized only in an atmosphere of civility, mutual trust, and respect. Actions which diminish such an atmosphere shall not be condoned or tolerated.
PURPOSE
The purpose of this policy is to inform all Trident Technical College students and employees that sexual harassment is illegal and that the College will not tolerate sexual harassment of its students or employees, nor will the College tolerate unprofessional conduct which leads to sexual harassment.
The College will establish procedures to ensure the implementation of this policy and will make available copies of the policy and related college procedures for students and employees. The College will provide appropriate educational materials and programs related to understanding and implementing this policy for students and employees.
DEFINITIONS
Sexual Harassment
Sexual harassment may be used to describe a wide range of behavior between students, between students and employees,between employees, or possibly between students. These behaviors are described in the Equal Employment Opportunity Commission guidelines below. For students, the references to "employment" or "work" in the EEOC guidelines include the entire range of academic and non-academic functions of the college community.
The EEOC defines sexual harassment as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
In determining what conduct constitutes sexual harassment, the question shall be determined from the perspective of a reasonable person of the gender and position of the person filing the complaint.
Consistent with principles of academic freedom, course content and teaching methods remain the province of individual faculty members. At the same time, faculty members shall refrain from classroom/clinical etc. behavior that unnecessarily focuses attention on sex characteristics.
Related Unprofessional Conduct
Relationships between a student and an individual with professional responsibility for that student deserve particular attention. A college employee with professional responsibility for a student has real or potential power and authority over that student in a variety of roles including but not limited to instructor, academic advisor, student organization advisor, work study supervisor, counselor, committee member, etc. To ensure that employees shall not abuse that power no employee shall have engaged in, shall engage in, or shall solicit an amorous or sexual relationship (consensual or otherwise) with a student
- who is enrolled in a class being taught by the employee;
- whose academic work is being supervised by the employee or;
- who is a member of a college group which is supervised or advised by the employee.
Amorous and/or sexual relationships between a student and an individual with professional responsibility for that student are presumed to be exploitative, and constitute unprofessional conduct. The consensual nature of such a relationship does not necessarily constitute a defense to a charge of sexual harassment or related unprofessional conduct.
RESOLUTION
Any employee who is made aware of a complaint shall notify immediately one of the designated contact people who will notify the Sr. Vice President (policy coordinator). In the cases of formal complaint there will then be an investigation conducted with sensitivity to all involved and with as much confidentially as possible.
RIGHTS AND PENALTIES
Any person who violates this policy shall be subject to prompt and firm disciplinary actions as determined by the College. Such discipline may range from reprimand to dismissal.
Any student or employee may also seek other relief to which he/she is entitled by law.
Employees could be held personally liable for participation in or condoning sexual harassment.
An employee of the College must not refuse to cooperate in the investigation of a sexual harassment complaint, but the employee may assert whatever testimonial or evidentiary privileges that are available to the employee by law.
If the circumstances of the complaint warrant, the college may take necessary action to alleviate the situation while the complaint is being resolved as outlined in this policy.
No employee or student who files a complaint in good faith shall suffer retaliation for filing the complaint. The college shall take necessary action to assure that there is no retaliation against persons who file complaints in good faith.
BAD FAITH OR FRIVOLOUS COMPLAINTS
The policy shall not be used to bring frivolous or malicious complaints. Disciplinary action shall be taken against any person bringing a sexual harassment complaint in bad faith.
ADDITIONAL RELATED POLICY AND PROCEDURES LIST
Updated August 28, 2007
