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| HR
Policy #80-130 |
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| Subject: | Policy Against Sexual Harrassment |
| Reference: | University Policy |
| Application: | All Employees |
| Effective Date: | August 20, 1998 |
| Revision Date: |
June 2003 |
| Statement
of Position The University will take measures to periodically educate and train employees regarding conduct that could constitute a violation of this policy. All management and supervisory personnel are expected to participate in such education and training and to be knowledgeable concerning the University’s policy. All members of the University community are required to comply with the policy and procedures outlined to address complaints. In addition to the procedures outlined herein, discrimination and harassment complaints may be filed with the U.S. Equal Employment Opportunity Commission or U.S. Department of Education, Office for Civil Rights. Any complaint of sexual harassment filed under the University’s policy shall be processed even if the complainant also files a complaint or suit with an outside agency, U.S. Equal Employment Opportunity Commission, or U.S. Department of Education, Office for Civil Rights. Retaliation against anyone who makes a complaint or participates in the complaint process will not be tolerated. The University will
The above actions will apply to the extent permitted by law or where personal safety is not an issue. Definition
of Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the University’s educational mission. Reporting
Suspected Sexual Harassment
Office locations, addresses, and telephone numbers for the above officials are provided on the last page of this policy. Reports/complaints, whether informal or formal, received by the Director of Human Resources, the Associate Vice President for Student Affairs and Development, or the Associate Vice President for Academic Programs and Personnel must, in turn, be immediately reported to the Equal Opportunity /504/ADA Compliance Office. University Ombudsmen: The University has designated individuals to serve as University Ombudsmen. Information concerning the names, addresses and telephone numbers of these individuals is available in each of the offices listed above. Ombudsmen are available to provide only information and clarification regarding the University’s policy and are not authorized or designated to receive, investigate, or resolve complaints, or otherwise participate in the complainant process. Information disclosed to an Ombudsman by any person is confidential and therefore will not be forwarded to the official(s) listed above. If a complainant desires to report a complaint of sexual harassment, he/she must do so to at least one of the four reporting officials listed above, in accordance with this policy. Unless otherwise provided herein, investigation of sexual harassment complaints shall be the responsibility of the Equal Opportunity /504/ADA Compliance Office (“investigator”). Procedures
for Investigation and Resolution Amendments to Procedures: The University specifically reserves the right to modify and/or amend any or all of the procedure(s) outlined herein at any time, in its discretion. In the event the University determines that circumstances warrant modification/amendment of any part of these procedures, timely notice of same shall be delivered, in writing, to all relevant and affected parties. Western Kentucky University has adopted procedures to promptly and fairly address concerns and complaints about sexual harassment. Complaints may be submitted informally or formally. If a complaint implicates or involves both this policy and any other University complaint or grievance policy or procedure, the University may, in its discretion, suspend the procedures relating to other complaints or grievance policies pending completion of the sexual harassment complaint procedures. Investigation
of Complaints Complaints will be addressed as confidentially as possible, considering the specific circumstances of the allegations, to protect the rights of both the complainant and the person accused. The investigator may gather information from any sources deemed necessary in an effort to fully investigate and resolve the complaint. Investigator Conflict of Interest: The complainant, alleged offender and/or the investigator may allege that the investigator has a substantial conflict of interest. In that event, details supporting the alleged conflict of interest must be submitted in writing to the President within five (5) business days of the date the person alleging the conflict has notice of the investigator’s identity. The President will determine whether a conflict may exist, and, if so, he/she shall appoint an alternate investigator in an expeditious manner. The President’s decision is final. In the event a request for an alternate investigator is made and/or an alternate investigator must be appointed, the specific time lines provided in the policy shall be suspended pending that appointment. Informal Complaint
Process Persons making informal complaints of sexual harassment agree and understand that no formal disciplinary action will be taken against the alleged offender based on an informal complaint. If the complainant chooses, he/she may at any time prior to resolution of the informal complaint amend the informal complaint to a formal complaint. If the alleged offender elects not to participate in resolving an informal complaint, the nonparticipation will not be considered as damaging evidence but will not change or waive the University’s responsibility to investigate and to make decisions based on available information. The investigator may, if the circumstances warrant, request that the alleged offender’s immediate supervisor counsel him/her regarding the alleged conduct, and/or may recommend counseling, training, education, and/or other non-disciplinary actions be implemented or undertaken. Attempts to resolve an informal complaint will be completed within thirty (30) days from the date of receipt of the complaint by the investigator. The complainant and the alleged offender will be informed in writing of the outcome of the informal process. Note: The University will attempt to balance the wishes of a complainant who does not want to file a formal complaint with the University’s responsibility to respond to serious allegations and take prompt, appropriate corrective action. A complainant who chooses not to proceed with a formal complaint may be asked to state that preference in writing.
Formal Complaints of Sexual Harassment Procedure Filing a Complaint The formal complaint must be in writing, signed by the complainant, and shall include the following information:
Notifying
the Person Accused/Supervisor Investigative
Process The investigator will interview the complainant and the alleged offender, may also interview witnesses, supervisors, and/or any other persons who may have information about the alleged incident, and may review personnel or other records relevant to the complaint. The complainant and the accused person shall be permitted to suggest witnesses and/or other evidence, which shall be considered by the investigator. All individual interviews will be audio taped and subsequently transcribed in written format. Any person interviewed shall have the right to request a review of his/her transcribed statement for accuracy. Investigative
Findings The supervisor of the alleged offender shall be responsible for acting on the findings of the investigator. In accordance with University disciplinary policies/procedures, the supervisor shall consult with and/or notify the appropriate University administrative official(s) regarding formal disciplinary actions to be taken against the person accused. Disciplinary
Action In making a decision regarding discipline, the supervisor shall consider properly established records of previous conduct and the seriousness of the violation. A complaint made more than twelve (12) months after the incident shall not be the basis for formally disciplining any person accused of sexual harassment. However, where there are allegations of sexual harassment made within the twelve (12) month period and a pattern or practice of sexual harassment exists or prior complaints of sexual harassment have been confirmed, the supervisor shall consider the totality of information in determining appropriate discipline, and may take formal disciplinary action. The supervisor may also review any part of the investigative records. Appropriate discipline may range from an oral reprimand up to and including termination/dismissal for cause or any other appropriate remedial action. The investigator and the Associate Vice President of Academic Affairs for Programs and Personnel (if the accused is a faculty member) or the Director of Human Resources (if the accused is a staff member) shall be consulted regarding disciplinary decisions. Both the accused person and investigator will be notified in writing of the decision of the supervisor. The investigator will, in turn, notify the complainant regarding the resolution of the complaint, what corrective action, if any, will be taken, and/or, in general, whether any discipline will be imposed.
Appeal of Formal Complaint Resolution/Disciplinary Action Procedure Procedure
For Filing an Appeal The written appeal must state in detail the reason(s) for the appeal and shall address one or more of the following:
No disciplinary or other action based on the complaint shall be taken against the alleged offender during the appeal process, although temporary, interim measures may remain in place. As indicated herein, the University in its discretion, may at any point in the complaint process elect to place the alleged offender on administrative leave, with pay, or implement a temporary reassignment. Sexual Harassment
Appeal Committee Member Appointments Hearing/Committee
Recommendation The Committee’s deliberations shall be closed to all persons other than the Committee members and shall not be audio taped. Its recommendation will be determined by a majority vote, shall be in writing, and delivered to the President. It may be accompanied by a minority opinion. The appeal will be conducted and completed in an expeditious manner, considering all the circumstances. President’s
Review and Recommendation Written Record
of Complaints, Investigations, and Resolutions/Decisions Written records relating to a finding that sexual harassment has occurred may be placed in an accused employee’s official personnel file and may include
Dissemination
of Policy REPORTING OFFICIALS: Equal Opportunity/ADA
Compliance Office Department
of Human Resources Dean of Student
Life Office of
the Provost/Vice President for Academic Affairs Copies of the complete Sexual Harassment Policy are available in the above offices and also at the following locations: University
Libraries Office of
the President |
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