Sexual Harassment

| Statement of Rights and Responsibilities | Example of Sexual Harassment Behavior | Responding to Sexual Harassment | Campus Resources | Sexual Harassment Awareness Workshops | Rights and Responsibilities Relative to Relationships with Students | Power Differentials and Inappropriate Employee/Student Relationships |

Sexual harassment is a form of sexual discrimination prohibited by civil rights law and university policy. Those who engage in sexual harassment may be subject to civil and criminal penalties as well as disciplinary action by the university. Sexual harassment occurs when unwanted attention of a sexual nature interferes with a person's ability to obtain an education, work or participate in recreational or social activities at Belmont University. Although most complaints of sexual harassment are filed by women, men can also be the targets of sexual harassment. Harassment can also occur between two people of the same sex, provided that the unwanted sexual attention is based on the target's gender. In most instances, the alleged harassment involves an abuse of power or authority by an individual who has control over the employment or academic status of another. However, harassment can occur between peers (e.g. student-against-student harassment).

Sexual harassment may result from an intentional or unintentional action and can be subtle or blatant. Harassing conduct may be verbal such as lewd comments or physical such as sexual assault. The context of events and the totality of the circumstances surrounding those events are important in determining whether a particular act or series of events constitutes sexual harassment.

Sexual harassment subverts the mission of the university and threatens the careers, educational experience and well-being of students, faculty, staff and visitors to the campus. Sexual harassment is destructive to individual students, faculty, staff and the academic community as a whole. It blurs the boundary between professional and personal relationships by introducing a conflicting personal element into what should be a professional situation. When, through fear of reprisal, a student, staff member or faculty member submits or is pressured to submit to unwanted sexual attention, the university's ability to carry out its mission is seriously undermined.

Sexual harassment is especially destructive when it threatens relationships between teachers and students or supervisors and subordinates. Through control over grades, salary decisions, changes in duties or workloads, recommendations for graduate study, promotion and the like, a teacher or supervisor can have a decisive influence on a student, staff or faculty member's career at the university and beyond. Sexual harassment in such situations constitutes an abuse of the power inherent in a faculty member's or supervisor's position.

I. Statement of Rights and Responsibilities:
Belmont University affirms its commitment to providing its students, faculty and staff with an environment free from implicit and explicit coercive behavior used to control, influence or affect the well-being of any member of the university community. Sexual harassment of any person is inappropriate, unacceptable and contrary to the Christian standards of conduct expected of all members of the university community, students, staff and faculty.

Employees and students have the right to be free from sexual harassment. Belmont University has a "zero tolerance" policy toward sexual harassment. Employees and students are prohibited from engaging in sexually harassing conduct toward any other person. Sexual harassment can include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature imposed on the basis of sex by an employee, agent or student of the university when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or status in a course, program or activity; (2) submission to or rejection of such conduct by an individual, including, but not limited to, grades or academic progress; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or of creating an intimidating, hostile or offensive working or educational environment.

The university's prohibition of sexual harassment applies to members of the university community, visitor's to the campus and contractors and others who do business with the university or who use university facilities. The policy prohibiting sexual harassment applies regardless of the gender of the harasser or of the person being harassed. The policy applies to sexual harassment that takes place in any relationship, including both those involving a power differential and those between peers, colleagues and co-workers.

Any person who engages in sexual harassment will be subject to disciplinary action ranging from a warning to discharge, if appropriate. Those who have a complaint regarding sexual harassment should follow one of the dispute resolution procedures outlined in "Responding to Sexual Harassment."

II. Example of Sexual Harassment Behavior.
Unlawful sexual harassment may take many forms, including but not limited to:

VERBAL CONDUCT such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments: Other examples include such conduct as persistent, unwanted sexual or romantic attention, discussion of and rating sexual attributes and attractiveness or asking or commenting about someone's sexuality or sex life.

VISUAL/ELECTRONIC CONDUCT such as derogatory posters, cartoons, calendars and drawings. NOTE: All members of the Belmont community should be aware that information transmitted electronically-by telephone, voice mail, e-mail or other computer-based communication-is subject to the same rules and laws that apply to written and oral communications. In addition, the university's computer use policy prohibits the communication of obscene or other inappropriate information over university-owned equipment.

PHYSICAL CONDUCT such as assault, blocking normal movement or interference with work that is sexual in nature and directed at an individual because of his/her gender.

THREATS AND DEMANDS to submit to sexual requests in order to keep a job, or academic status, or to avoid some other loss and offers of job benefits or academic opportunity in return for sexual favors.

RETALIATION for having reported the harassment.

OBSCENE MATERIALS must be both:

materials which a reasonable person, applying Belmont's Community Commitments and expectations, and considering the contents as a whole, would conclude that they appeal to prurient sexual/physical interests or violently subordinating behavior rather than to an intellectual or communicative purpose, and
materials that, given their content and their particular usage or application, lack any redeeming literary, scientific, political, artistic or social value.

The university is committed to dealing expeditiously with instances of sexual misconduct and to protecting the anonymity and confidentiality of the victims. While most victims of sexual harassment or assault are women, male victims will receive the same protection.

For further information concerning disciplinary sanctions, and procedures and or related university and community support services please contact the Dean of Students Office.

III. Responding to Sexual Harassment.
Harassment is unlikely to stop until confronted. In some cases, particularly when the harassment is unintended, this may simply mean informing the person directly that his or her actions are offensive or unwelcome. Other situations may require an informal talk with the accused by a supervisor, faculty member or Student Affairs professional, a formal reprimand or a disciplinary hearing. The university supports and encourages all members of its community who believe they are being sexually harassed to take steps to end the situation.

Steps You Can Take on Your Own
All of the following are appropriate ways to confront sexual harassment:

Speak up at the time and say "NO" to the harasser. Be direct and firmly tell the harasser to stop. Clearly communicate your disapproval of behavior that makes you uncomfortable and that you consider it to be harassing, there is no need to apologize or smile. Whether or not you confront harassing behavior immediately, you can still take actions and the behavior can still be judged harassing.
Write a letter to the harasser, particularly if speaking up is uncomfortable or unsuccessful. First, describe in plain terms the behavior you found objectionable, then describe your feelings in response to it. State clearly that you want the behavior to stop. Send the letter by registered, return receipt mail and keep a dated copy of the letter for yourself. Also, tell someone you trust about the letter.
Keep records, regardless of whether you have decided to take other action.
Document all incidents and conversations that involve sexual harassment, noting date, time, place, witnesses and what was said and done.
Get help at any point. If the harassment does not stop, or if you would like advice on deciding how to deal with the harasser, contact one of the sexual harassment mediators (see Campus Resources page).

When You Need Help from Others
It is university policy to respond promptly and sensitively to all complaints of sexual harassment. Once the university is made aware of a possible situation of sexual harassment, the university responds. The university will strive to maintain the confidentiality of all parties to the fullest extent possible while meeting this legal mandate to act. The university's sexual harassment response system is designed to offer a number of choices and access points for dealing with the problem. The options include both informal and formal procedures.

Informal Procedures
Many reports of sexual harassment can be handled informally. If you believe you have been the victim of sexual harassment, report it to your department chair, dean (including dean of students), director, supervisor, team leader or to a sexual harassment mediator. The university requires that anyone with supervisory responsibility who receives a report of conduct that, if proven, would constitute sexual harassment, to disclose the report to a sexual harassment mediator. The mediator will investigate the situation, initiate effective action against any harassment and follow up to ensure harassment has stopped. They will discuss and seek agreement with the complainant on remedial action to be taken. For example, they may meet privately with the person whose behavior has been considered harassing to talk about acceptable and unacceptable behavior, without revealing the complainant's name or any identifying circumstances. They may, if the complainant desires, speak directly on the complainant's behalf. They may sponsor a sexual harassment workshop for the entire unit in which both parties work. If the harasser is a professor or supervisor, the mediators may make alternative arrangements for the complainant to work without further exposure to the harasser.

Formal Procedures
Upon receipt of a formal written complaint that alleges a violation of the university's policy against sexual harassment, the sexual harassment mediator or his/her designee shall begin an investigation of the charge(s). An investigation shall include an interview with the person filing the complaint, the person(s) accused of violating the anti-harassment policies and any person designated by either of the principle parties as witnesses to the incident in question. The investigation shall be completed within 30 days of the receipt of the complaint. The matter shall then be presented to the provost in the form of written recommendations. At the provost's discretion, s/he may accept the recommendations, interview the persons involved, direct further investigation by the mediator and/or hold formal hearings on the matter. If formal hearings are ordered, no party shall be allowed to be represented by legal counsel. This process shall be completed and the Provost shall make a final decision on the merits of the complaint within 60 days of receipt of the complaint by the university. The decision of the Provost shall be final. Throughout this process the university will keep the identities of the complaining party and accused confidential.

Choosing a Response to Sexual Harassment
Informal Response
     i. Process is designed to end unwelcome behaviors.
     ii. A written statement of complaint is not necessary.
     iii. A sexual harassment mediator investigated concerns confidentially and acts to end any harassment.
     iv. Offender may voluntarily agree to change behavior or submit to sanctions imposed by mediator in lieu of formal investigation.
Formal Response
     i. Process is designed to reach an official determination of whether sexual harassment occurred.
     ii. Written charges are filed.
     iii. Complaint formally investigated by sexual harassment mediator.
     iv. Written report with recommendations made to the Provost who may hold hearings on the matter.
     v. If sexual harassment is found, sanctions will be applied.

IV. Campus Resources.
Andrew Johnston, Associate Provost & Dean of Students, 460-6407
(Complaints regarding harassment by students toward faculty and staff)
Sally McKay, Director of Human Resources, 460-6456
(Complaints regarding faculty and staff)
Marcia McDonald, Associate Provost, 460-6400
(Complaints regarding faculty and staff)
Jason Rogers, Vice President and General Counsel, 460-6611
(Questions about Sexual Harassment)
Susan West, Associate Vice President for Presidential Affairs, 460-5602
(Complaints regarding faculty and staff)

V. Sexual Harassment Awareness Workshops
The university will conduct half-day workshops for faculty and staff on an on-going basis to promote awareness. These will be modifiable for use with intact groups, as requested or needed. The university also provides an on-line sexual harassment tutorial located on the Human Resources Web site for faculty and staff to review.

VI. Rights and Responsibilities Relative to Relationships with Students.
Belmont's faculty and staff have the right and, in many cases, even the responsibility to maintain congenial relationships of a professional nature with students. Such relationships often enhance the educational processes of the university. The university also recognizes that faculty and staff have a right to have personal relationships with their students that are mutually desired. Such relationships can also occur between faculty and staff supervisors and those who report to them.

Romantic relations between faculty members and students or supervisors and those who report to them do not necessarily involve sexual harassment. However, the power faculty members exercise in evaluating students' work, awarding grades, providing recommendations, etc. will generally constrain a student's actual freedom to choose whether to enter into a romantic relationship with a faculty member. Similarly, the power supervisors exercise over the terms and conditions of their subordinates' employment will constrain the employee's freedom of choice.

VII. Power Differentials and Inappropriate Employee/Student Relationships.
Where such power differentials exist, it may be exceedingly difficult to defend against a charge of sexual harassment on the grounds that the relationship was consensual. In internal proceedings, the university generally will be unsympathetic to a defense based on consent when the facts establish that the accused had the power to affect the complainant's academic or employment status or future prospects.

Even genuinely consensual relationships between faculty or staff and students and between supervisors and those who report to them may be problematic. For example, they may result in favoritism or perceptions of favoritism that adversely affect the learning or work environment. Consensual relationships involving a power differential, therefore, may violate university policy and equal opportunity law. All university employees are expected to exercise good judgment and avoid such relationships. Failure to exercise good judgment may result in disciplinary action such as formal reprimand or suspension; or depending on the gravity and nature of the incident, it may be cause for discharge.

Likewise, a power differential must be considered for any interactions between members of the faculty and staff and Belmont students that would constitute immoral conduct on the part of the faculty or staff member, that would represent a professional conflict of interest for the employee (e.g., dating a student who is in one's class; dating a person that one supervises) or conduct that would be contrary to Belmont's mission, vision and values (e.g., inappropriate off campus fraternization, underage drinking or any drug and alcohol abuse).