[Faculty Handbook Category #3]
Harassment
consists of unwelcome conduct based on a person’s race, color, creed, religion,
national origin, sex, sexual orientation, disability, age, marital status,
status with regard to public assistance, or any other protected class status
when submission to such conduct:
·
is
a condition of employment or academic advancement; or
·
is
a basis for an employment or academic decision; or
·
interferes
with an individual’s job or academic performance; or
·
creates an intimidating, hostile, or offensive work or academic
environment.
Harassment
of any member of the St. Olaf community by a member of the same sex or a member
of the opposite sex, and by any individual based on another individual’s protected
class is prohibited. The college
prohibits sexual harassment and any other form of harassment by any individual,
including supervisors, employees, coworkers, students, and third parties such
as consultants, contractors or vendors, in any form, including verbal,
physical, and visual harassment.
Appropriate disciplinary action will be taken against any person found
to have violated this policy.
Sexual
harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, or other verbal or physical conduct or
communication of a sexual nature. Sexual
harassment is distinguished from a voluntary sexual relationship by the
introduction of the element of coercion, threat, hostility, or unwanted
attention of a sexual nature.
Actions
that can constitute sexual harassment include:
·
the
conditioning of employment benefits or participation in a class based on
obtaining sexual favors;
·
engaging
in conduct of a sexual nature which creates an intimidating, hostile, or
offensive academic or work environment (e.g., sexually-oriented jokes,
offensive physical contact, obscene messages and gestures);
·
punishing or threatening to take adverse action against a
subordinate or student for refusal to comply with sexual demands.
Faculty
and employees are reminded to review the college’s Consensual Relations policy
for other restrictions and suggestions relating to romantic relationships.
If at any time you feel you are being harassed in violation of the college’s policy, you should immediately contact the Director of Human Resources or the Dean for Community Life and Diversity.
Harassment
Complaint Process
Formal and informal complaints of harassment should be
directed to the Director of Human Resources or to the Dean of Community Life
and Diversity. They will arrange to have
the allegations investigated and complaints resolved appropriately.
A designated member of the college, generally someone
from the staff of the Human Resources Office, will ask to hear the particulars
of the complaint — who, what, where, when, how, how often, and the names of
possible witnesses. Complaints will be
handled in as discreet and confidential a manner as possible. Because of legal obligations, however, the college
cannot promise complete confidentiality nor can it promise that no action will
be taken upon request.
The
Human Resources Office will conduct an investigation into the facts of each
complaint. When witnesses are
questioned, the name of the complainant will be kept confidential, if
possible. In many instances, however,
the name of the complainant will need to be revealed in order to conduct a
quality investigation. As impartial
investigators, the staff of the Human Resources Office will seek facts to
ascertain the circumstances of the complaint and generally will request that
witnesses keep the discussion about the complaint confidential. Following the conclusion of the investigative
process, a member of the Human Resources Office staff will meet again with the
complainant and the alleged offender (in separate meetings) to discuss the
situation. If the Human Resources Office
determines that the allegations of the complaint are true, behavioral changes
will be recommended or required and disciplinary actions may be imposed.
Individuals involved in a harassment complaint must take care to
neither say nor do anything that could be perceived as retaliation toward the
complainant. Retaliation against any
faculty, staff or student for making a complaint under this policy, or for
participating in an investigation under this policy, is strictly
prohibited. If an individual believes he
or she has been the subject of such retaliation, he or she should notify the
Director of Human Resources or the Dean of Community Life and Diversity
immediately.
Both the
complainant and the accused are encouraged to seek counsel through the college’s
Employee Assistance Program or other support mechanisms available on or off
campus. Assistance in locating
appropriate support