Part Time Faculty Handbook
Sexual Harassment Policy and Procedures5
Lee College is committed to maintaining an academic environment in
which its members can freely work together, both in and out of the classroom,
to further education. Every member of the college community must recognize
that sexual harassment compromises the integrity of the college, its
tradition of academic freedom, and the trust placed in its members. It
is, therefore, the policy of the college to take all necessary actions
to prevent, correct, and, where indicated, discipline perpetrators of
sexual harassment. Disciplinary actions for sexual harassment committed
by employees include, but are not limited to, written warning, demotion,
transfer, suspension, or dismissal. Disciplinary actions for sexual harassment
committed by students include, but are not limited to, written warning,
removal from class, or expulsion.
Legal Authority
Sexual harassment is a form of sex discrimination, which is prohibited
by Title VII of the Civil Rights Act of 1964, by Title IX of the Education
Amendments of 1972, and by the Texas Commission on Human Rights Act.
Sexual harassment by a public servant is a criminal offense under
Section 39.03 of the Texas Penal Code. Sexual harassment may also be
indecent
exposure, public lewdness, assault, or sexual assault under Chapters
21 and 22 of the Texas Penal Code.
Definition
Sexual harassment may involve the behavior of a person of either
sex against a person of the opposite or same sex, and occurs when such
behavior constitutes unwelcome sexual advances, unwelcome requests
for sexual favors, and other unwelcome verbal or physical conduct of
a sexual nature where:
Submission to such conduct is made either explicitly or implicitly
a term or condition of a person's employment and/or academic advancement;
Submission to or rejection of such conduct by a person is used as
the basis for decisions affecting a person's employment and/or
academic standing;
Such conduct has the purpose or effect of unreasonably interfering
with a person's work and/or academic performance or creating
an intimidating, hostile, or offensive work, learning, or social environment.
Examples of Prohibited Behavior
Prohibited acts that constitute sexual harassment may take a variety
of forms. Sometimes sexual harassment involves a single serious incident
whereas at other times, multiple incidents are required to meet the
standards of the definition of sexual harassment. Examples of the kinds
of conduct that may constitute sexual harassment under the definition
above include, but are not limited to:
Threats or insinuations that a person's employment, wages, academic
grade, promotional opportunities, classroom or work assignments or
other conditions of employment and/or academic life may be adversely
affected by not submitting to sexual advances.
Unwelcome verbal expressions, sexual innuendoes and comments, including
comments on a person's body, dress, appearance, or sexual activities;
humor or jokes about sex or females/males in general; pestering a
person for dates, whether in person or indirectly by mail, telephone,
or other
telecommunication devices on or off campus.
Unwelcome sexually suggestive sounds or gestures, including, but
not limited to, throwing kisses or whistling.
Sexually suggestive objects, pictures, videotapes, electronic mail,
audio recordings or literature unrelated to educational purposes,
placed in the work or study area that may embarrass or offend individuals.
Unwelcome or inappropriate touching, patting, or pinching including
giving unrequested neck or shoulder massages.
Consensual sexual relationships where such relationships lead to
favoritism of a student or subordinate employee with whom the teacher
or supervisor
is sexually involved and where such favoritism adversely affects
other students and/or employees.
Application and Responsibility
This policy applies to all members of the College community whether
the incident(s) of sexual harassment under consideration takes place
on-campus, at a college-related activity, or off campus if it is in
combination with on-campus action or a college-related activity or
function when that conduct interferes with a person's work or academic
environment.
Individuals who are aware of or have experienced an incident of sexual
harassment covered by this policy should promptly report the matter
to a sexual harassment coordinator or other College employee. Any
written record that the complainant has maintained may be helpful during
the
investigation of a complaint. Anyone may seek advice, information
or counseling on matters related to sexual harassment without having
to
lodge a formal complaint. Personnel who feel they are being harassed,
or are uncertain as to whether what they are experiencing is sexual
harassment, are encouraged to talk with whomever they feel comfortable.
The following people, however, have received special training in
dealing with sexual harassment issues: deans, division chairs, department
heads,
the counseling center staff, the Human Resources officer, and the
sexual harassment coordinators, Dennis Topper and Rosemary Coffman.
The college has a legal responsibility to investigate any complaint
to its satisfaction. Those who report incidents that College officials
determine constitute sexual harassment under this policy should understand
that their allegations may be investigated on behalf of all College
students and employees whether or not they personally choose to pursue
the complaint.
No Retaliation
No person may be subject to restraint, interference, coercion, or
reprisal for action taken in good faith that seeks advice concerning
sexual harassment, which files a sexual harassment complaint, which
serves as a witness or a panel member in the investigation of a sexual
harassment complaint. Disciplinary action may be taken against any
person retaliating in violation of this policy, and such intimidation
or interference should be reported immediately to a sexual harassment
coordinator.
Malicious, False Accusations
A complainant whose allegations are found to be both false and brought
with malicious intent will be subject to disciplinary action which,
for employees, may include, but is not limited to, written warning,
demotion, transfer, suspension, or dismissal. Disciplinary actions
for students making malicious false accusations include, but are not
limited to, written warning, removal from class, or expulsion.
Consensual Relations Within the College Community
Because the College is entrusted with guiding students, judging their
work, giving grades for courses and making recommendations for students,
instructors and other College employees are in a delicate relationship
of trust and power. This relationship must not be jeopardized by possible
doubts of intent, fairness of professional judgment, or the appearance
to other students of favoritism.
It is unwise and inappropriate; therefore, for College employees
who have romantic relationships with students to teach such students
in
a class, supervise them as student assistants, or recommend them
for awards or employment. It is equally unwise and inappropriate for
employees
to form such relationships with students in their classes or under
their supervision. Prudence and the best interest of the students
dictate that in such circumstances of romantic involvement, the students
should
be aided to find other instructional or supervisory arrangements.
Employees are warned that initial consent to a romantic relationship
does not
preclude a charge of sexual harassment in the future.
Likewise, supervisors can jeopardize the trust of those whom they
supervise by raising doubts of intent, fairness of professional
judgment, or
by creating an appearance to other employees of favoritism if they
form or maintain a romantic relationship with an employee that
they supervise. Such an involvement is unwise and inappropriate, and
supervisors
are urged to avoid such relationships. Supervisors are also warned
that initial consent to a romantic relationship does not preclude
a charge of sexual harassment in the future.
Procedures
The College provides several channels of communication and both informal
and formal complaint resolution procedures to address sexual harassment
complaints. It prefers to resolve complaints at the lowest possible
level. When advising procedures or informal procedures are followed,
however, they do not preempt other channels available within the College
or to outside agencies or courts. The College recommends that any faculty,
staff, or student who feels that he or she is being sexual harassed
tell or otherwise immediately inform the harasser that the conduct
is unwelcome and must stop. However, such action is not required, and
in some circumstances it may not be feasible, may be unsuccessful,
or the individual may be uncomfortable dealing with the matter in the
manner. Therefore, the College has developed procedures and trained
sexual harassment coordinators and others to help ensure a harassment-free
environment. Advising
Any person seeking information and advice will be counseled as to
the options for action available under this policy. To the extent consistent
with the College's responsibility under the law and this policy,
information
disclosed through this advising process will be held in confidence,
unless and until the initiating individual agrees that additional
people must be informed in order to facilitate a solution.
Informal Complaints
After being advised, a student or employee may want to seek informal
complaint resolution, including mediation. The aim of informal complaint
resolution is not to determine whether there was intent to harass but
to ensure that the alleged offending behavior ceases and that the matter
be resolved promptly at the lowest possible level.
In all cases, an incident report will be filed with a sexual harassment
coordinator. If the College president or designee determines that
disciplinary actions against the accused are appropriate, the Formal
Complaint procedures
in this policy will go into effect.
Mediation
One of the possibilities for informal complaint resolution is mediation.
The complainant or the accused may ask for a mediated resolution between
himself/herself and the accused. The goal of the mediation procedure
is to provide a forum where the complainant and the accused can, with
the aid of a third party, come to a mutually agreed upon resolution.
Consequently, mediation will occur only if both the complainant and
the accused are willing to participate in the process and can agree
on a mediator. A sexual harassment coordinator may serve as mediator
or suggest a third party such as a member of the Sexual Harassment
Committee to act as mediator. The results of the mediation will be
filed with the incident report.
Formal Complaints
Formal complaints, reduced to writing, should be filed as soon as
possible. Those complaints will be handled in a timely manner.
Formal complaints of sexual harassment against an employee are filed
with a Sexual Harassment Coordinator. If the sexual harassment coordinators
and the appropriate dean(s), president, or Board of Regents determines
that the initial allegations are serious enough to necessitate the
immediate removal or reassignment of an employee during an investigation,
an immediate meeting of a Sexual Harassment Panel will be called,
the case presented, and a majority vote of those present will make
recommendations
on temporary moves or suspensions to the president of the College.
Nothing in this provision would prohibit the College president or
designee from immediately removing or reassigning a student or employee.
The sexual harassment coordinators will conduct an investigation.
The coordinators will prepare a written report that makes findings
of fact
and conclusions. Prior to issuing a report on the investigation,
a coordinator will give the accused a written copy of the complaint,
allowing sufficient time for response in writing. The accused will
be specifically warned to avoid contact with the complainant or
witnesses and not to retaliate against the complainant in any way.
If the complaint
is disputed, the sexual harassment coordinator(s) will notify the
Sexual
Harassment Committee chair of the need for a panel from the Sexual
Harassment Committee.
The Sexual Harassment Committee chair, in consultation with the
College president, will appoint a panel of three persons from
the committee,
always including at least one male and one female, whose task
it is to review the results of the investigation, make findings of
fact and
conclusions, and make recommendations to the College president,
or to the Dean of Student Development and Institutional Research
in
the case of students. Except in the case of students, no member
of the
panel should come from the same College department as either
the complainant or the accused. Students will serve on all panels when
students are
involved.
The panel may find that the charges are false and malicious;
dismiss the complaint for lack of merit; find that the facts
are inconclusive;
find a preponderance of the evidence indicates that the accused
violated the College's policy on sexual harassment and make
recommendations to the president about disciplinary action; or allow
the parties
to sign a written statement of agreement resolving the differences
between
them. Further action by the College against either party is
not precluded
by an agreement between the parties. The recommendations of
the panel will be rendered in writing to both parties and to the
College president.
The president will accept, reject, or modify the panel's recommendations
and will take appropriate action.
Complaints Against Students
Students who feel they have been subjected to sexual harassment by
other students should discuss their complaints with counselors, faculty
members, College administrators, or others whom they trust. The Counseling
Center is considered the central contact for sexual harassment complaints
filed against students. Counselors may attempt to resolve the complaint
through informal means or suggest mediation. All complaints, formal
and informal, will be forwarded to the sexual harassment coordinator(s).
Counselors may also accompany and advise students throughout formal
or informal processes if requested to do so by the students.
If a formal complaint is filed, it will be handled in the same manner
as the formal complaints described in the previous section. Cases
involving a student who is accused of sexual harassment will be handled
in the
same manner as complaints against employees except the receipt of
recommendations for the panel, determination as to whether there has
been a violation
of policy, and the application of appropriate disciplinary action
will be handled by the Dean of Student Development and Institutional
Planning.
Appeals
Employees or students may appeal the decision of the Dean of Student
Development and Institutional Planning or the College president by
following applicable College employment policies or student grievance
procedures.
Sexual Harassment Coordinators
The sexual harassment coordinators are a team of, one male and one
female, college employees appointed by the president on the recommendation
of the sexual harassment committee to two-year renewable terms. The
chair of the Sexual Harassment Committee and a vice-chair of the opposite
sex, will serve as alternate sexual harassment coordinators to insure
that there is always a male and female investigating any claim of sexual
harassment. All four must undergo training.
They shall have the following primary responsibilities:
- Promote among members of the College community an awareness
of and a sensitivity to the issue of sexual harassment,
- Receive inquiries and complaints relating to sexual harassment
and maintain confidential records of all complaints,
- Provide advice and assistance concerning the application of
this policy and procedure to complainants and accused,
- Sit on the Sexual Harassment Committee without a vote,
- Investigate all formal complaints of sexual harassment,
present findings to a panel of the Sexual Harassment
Committee,
- Keep all parties informed regularly and in writing of
the status of any proceedings under this policy,
- Advise the panel on its disciplinary recommendations,
and
- Prepare an annual report on the goals of the College
program on sexual harassment complaints at
the College, and the successful
implementation
of goals during the year.
Sexual Harassment Committee
The Sexual Harassment Committee should be widely representative of
the entire College. It shall consist of five faculty members (including
at least one counselor) appointed by the President for staggered three-year
terms (with the possibility of reappointment), five members of the
non-instructional staff (including at least one representative each
from administrators, administrative support, Human Resources, and classified
staff) appointed by the President for staggered three-year terms (with
the possibility of reappointment), and three student members appointed
by the president for one-year renewable terms. Student members will
not participate in discussions or panels involving only employees but
will always participate in discussions involving students. Committee
members will receive ongoing training in dealing with sexual harassment
complaints.
In addition to composing panels to make recommendations on sexual
harassment complaints, the Sexual Harassment Committee will review
policy and
procedures relating to sexual harassment; will make recommendations
to the President on changing those policies as necessary; will review
an annual report on the incidence of sexual harassment in the College
as required by the Office of Civil Rights; and will review and propose
educational and prevention activities on sexual harassment.
Confidentiality
Any formal complaint or informal discussion or mediation and all
documents relating to them will be kept strictly confidential to the
extent permitted by law, except that the appropriate administrative
officers will be kept informed of formal complaints. When each complaint
is concluded, all documentation will be sent to the sexual harassment
coordinators to be retained as a sealed file in a secure facility in
the President's Office. Access will be limited to the Sexual Harassment
Coordinators, appropriate deans, and the president. However, all findings
of violations of the Sexual Harassment Policy and all sanctions imposed
shall also be added to the Human Resources file and may also be added
to the student file of any person found to be in violation of this
policy.
Resource Persons
Sexual Harassment Coordinators: Dr. Dennis Topper, 281/425-6348 e-mail:
dtopper@lee.edu and Dr. Rosemary
Coffman, 281/425-6384 e-mail: rcoffman@lee.edu.
[5] Board Policy DHA Local, Issued 11/08/99 |
