West Virginia
University at Parkersburg Board of Governors
POLICY A-44
SEXUAL HARASSMENT
Section
1: General
1.1 Scope:
This rule sets forth the West Virginia University at Parkersburg Board
of Governors’ Policy regarding sexual harassment.
1.2 Authority:
WV
Code §18B-1-6, §18B-2A-4;
Sexual
harassment is prohibited by:
·
The
1980 Equal Employment Opportunity Commission (EEOC) interpretive guidelines on
Title VII of the Civil Rights Act of 1964;
·
The
Office of Civil Rights policy statement interpreting Title IX of the
Educational Amendments of 1972; and
·
The
West Virginia Human Rights Act.
1.3 Effective
Date: June 2, 2006
(Transferred from WVU Board of Governors on July 1, 2008)
Section
2: Policy Statement
2.1 The West Virginia University at
Parkersburg Board of Governors is committed to providing students, faculty, staff,
and applicants for employment with a work and educational environment free from
all forms of sexual harassment. Therefore, sexual harassment, in any manner or
form, toward WVU at Parkersburg students, faculty, staff, or applicants for
employment is a violation of Board policy and is expressly prohibited.
2.2 All WVU at Parkersburg students,
faculty, and staff are expected to:
·
Engage
in conduct that meets professional standards;
·
Remain
sensitive to the effect of their actions and words on others;
·
Take
appropriate action to prevent sexual harassment;
·
Avoid
behavior that might be construed as sexual harassment; and
·
Acquaint
themselves with this policy.
Those in
supervisory positions have a special responsibility to discourage sexual
harassment as well as to implement and enforce this policy.
2.3 Violators of this policy are subject
to disciplinary action that may include sanctions as severe as discharge of an
employee or expulsion of a student. In addition, sexual harassment that
constitutes sexual assault or other criminal law violation will be referred to
the appropriate authorities for prosecution.
Section
3: Accountability
3.1 Under the President, the Executive
Officer for Social Justice, in conjunction with the Deans and Vice Presidents,
shall implement and ensure compliance with this policy.
Section
4: Definitions
4.1 Sexual
Harassment
Consistent
with guidelines promulgated by the United States Department of Education, the WVU
at Parkersburg Board of Governors uses the EEOC definition of sexual
harassment.
Sexual
harassment is defined as unwelcome sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature when:
a. Submission to
such conduct is an explicit or implicit condition of employment;
b. Submission to
or rejection of such conduct is used as the basis for employment decisions; or
c.
Such
conduct has the purpose or effect of:
4.2 Consensual
Relationships
Consensual
relationships include amorous or romantic relationships and conduct that is not
part of a typical platonic relationship.
Section
5: Requirements
5.1 General
The WVU at
Parkersburg Board of Governors prohibits sexual harassment by any student,
faculty member, or staff member. The Board is committed to creating and
maintaining a work environment free of inappropriate, disrespectful conduct and
communication of a sexual nature. The Board will not tolerate sexual behavior
that interferes with an individual's work performance or that creates an intimidating,
hostile, or offensive work or learning environment.
In determining
whether alleged conduct constitutes sexual harassment, consideration shall be
given to the record as a whole and to the totality of the circumstances,
including the nature of sexual advances and the context in which the alleged
incident(s) occurred.
Sexual
harassment may occur between faculty members and students, supervisors and
employees, students and students, faculty members and faculty members, staff
members and staff members, or any other combination of people. It may occur between people of the same sex
or people of different sexes.
Examples of
conduct that may be considered sexual harassment include the following:
a. Subtle or
overt pressure for sexual favors, accompanied by implied or overt threats
concerning one’s job, grades, letters of recommendation, or physical
well-being;
b. Insults,
humor, jokes and/or anecdotes that belittle or demean an individual’s or a
group’s sexuality or sex;
c.
Unwelcome
sexual comments or inquiries about an individual’s or a group’s sexuality or
sex;
d. Inappropriate
displays of sexually suggestive objects or pictures, which may include but not
be limited to posters, pin-ups, calendars, and computer screen savers;
e. Unauthorized
entering of restrooms and other locations reserved for the exclusive use of the
opposite sex;
f.
Unnecessary
and unwelcome touching, such as patting, pinching, hugging, or repeated
brushing against an individual's body; and
g. Sexual
assault.
5.2 Consensual
Relationships
Although the Board
acknowledges that consensual relationships are within the purview of individual
privacy, such relationships that occur between persons of different ranks,
including those between supervisors and supervisees or faculty and students,
may lead to circumstances that result in sexual harassment.
These types of
consensual relationships also may result in a hostile or offensive environment
affecting other employees or students.
For example, others may perceive a person involved in the consensual
relationship as receiving favorable treatment in employment or educational
decisions and actions.
5.3 Teacher-Student
Relationships
It is a
violation of WVU at Parkersburg Board of Governors policy for a faculty member
to engage in an amorous, dating, or sexual relationship with a student whom the
faculty member instructs, evaluates, supervises, or advises.
Where there is
a pre-existing amorous, dating, or sexual relationship, the individual with the
status advantage shall notify his or her immediate supervisor. The supervisor
shall be responsible for making arrangements to eliminate or to mitigate a
conflict, the consequences of which might prove detrimental to the institution,
the Board or to either party in the relationship.
5.4 Confidentiality
The
confidentiality of all parties involved in a sexual harassment charge shall be
strictly respected insofar as it does not interfere with the Board's obligation
to investigate misconduct allegations and to take corrective action.
5.5 Dishonest
or Frivolous Complaints
If sexual
harassment allegations are not substantiated, all reasonable steps shall be
taken to protect the reputation of the accused. Moreover, if the complainant is
found to have intentionally or maliciously been dishonest or frivolous in
making the allegations, the complainant shall be subject to appropriate
disciplinary action.
Section
6: Sexual Harassment Complaint
Procedure
(Note: This procedure is the same as
that for complaints of discrimination on the basis of age, color, disability,
ethnic origin, marital status, race, religious beliefs, sex, sexual
orientation, or veteran status.)
6.1 Sexual
Harassment Complaint Procedure Guidelines
Any student,
current or former employee, or applicant for employment or admission to the college
who believes he or she has been sexually harassed (“complainant”) may file a
sexual harassment complaint.
Complaints
must be filed with the Social Justice Office within 30 days following the
alleged sexual harassment or the date on which the complainant knew of the
alleged act.
A complaint
may be filed with the Social Justice Office without prior discussions of the
issue with any other college official. However, individuals are encouraged to
attempt to resolve the complaint by first bringing the issue to their immediate
supervisor or next level supervisor.
6.2 Extension
of Time Limits
All of the
time limits contained within this complaint procedure may be extended with the
approval of the Executive Officer for Social Justice or his/her designee.
6.3 Complaints
Filed With Other WVU at Parkersburg Departments or Units
Any complaint
of sexual harassment that is filed with another WVU at Parkersburg department
or unit shall be referred to the Social Justice Office within 24 hours or the
next working day. The Executive Officer
for Social Justice reserves the right to waive this requirement.
6.4 Responsibilities
When sexual
harassment is alleged or suspected, the following persons have the following
responsibilities:
6.4.1
The
student, employee, or job applicant who believes he or she has been subjected
to sexual harassment is responsible for:
a. Whenever
possible, attempting to resolve complaints through an immediate supervisor or
next level supervisor. If such discussions fail to resolve the complaint, the
complainant may seek a review of his/her complaint in accordance with the above
complaint procedure;
b. Contacting the
Social Justice Office for advice and/or counseling; and
c.
Filing
a sexual harassment complaint with the Social Justice Office if the situation remains
unresolved.
6.4. 2 The Social Justice Office is responsible
for:
a. Receiving a
complaint and assisting the complainant in defining the charge and completing
the complaint form;
b. Apprising the
person(s) named in the complaint (“respondent”) and his/her administrative
office of the allegation and notifying them that retaliation is prohibited;
c.
Assisting
the individuals named in the complaint in interpreting the charge;
d. Obtaining a
response to the charge from the respondent within ten working days;
e. Upon receipt
of the response from the respondent named in the complaint, investigating the
complaint further if necessary and appropriate. The Social Justice Office shall
have access to all necessary documents, the right to interview witnesses, and
the ability to bring together the complainant and respondent, if beneficial;
f.
Upon
completion of the investigation, issuing a finding on the case to all
individuals named in the complaint within 20 working days. If there is no
evidentiary basis for a charge of sexual harassment, the Social Justice Office
shall indicate this conclusion to the complainant and advise him/her that the
case is closed;
g. Making
recommendations for the resolution of the complaint if unlawful sexual harassment
is found; and
h. Monitoring the
recommendations for implementation, and ensuring that appropriate disciplinary
action is taken.
6.4.3
The
respondent is responsible for:
a. Providing a
response to the charge within ten working days after receipt of the charge; and
b. Taking no
retaliation or reprisal against the complainant, others related to the
complainant, or persons involved in the complaint investigation.
6.4.4
The
respondent's supervisor is responsible for:
a. Providing a
response to the Social Justice Office within seven business days of the action
taken with reference to the recommendations of the Social Justice Office; and
b. Taking no
retaliation or reprisal against the complainant, others related to the
complainant, or persons involved in the complaint investigation.
This policy
does not prohibit the employer from taking disciplinary action in appropriate
circumstances.