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Home > Administrative Offices > Office of Legal Affairs > Statutes and Policies > Sexual Harrassment Policy

Office of Legal Affairs

VALDOSTA STATE UNIVERSITY POLICY STATEMENT

SEXUAL HARASSMENT

1. PREAMBLE

The administration, faculty, staff, and students of Valdosta State University realize that any type of harassment creates an environment hostile to the goals of this institution. Therefore, we establish this sexual harassment policy for the VSU community. While sexual harassment is a violation of law, the procedures described are not of a legal nature, and they do not preclude appropriate legal action. This policy seeks to protect the rights of the complainants, the respondents, those persons involved in implementing this policy, and the integrity of VSU as an institution of higher learning.

2. POLICY

Valdosta State University is committed to a working and learning environment that is free of discriminatory intimidation. The exploitation of institutional, academic, or supervisory authority to sexually harass students, faculty, or staff members is a form of illegal sex-based discrimination in violation of [the] law as well as Valdosta State University policy. Such conduct will not be tolerated on this campus or in connection with any university function wherever conducted.

To avoid the potential for sexual harassment and conflict of interest, it is expressly provided that no sexual relationship should exist between supervisor (or evaluator) and subordinate or between teacher and student). If a sexual relationship develops, the responsibility for evaluating, grading, etc. shall be transferred promptly to another individual.

3. DEFINITION OF SEXUAL HARASSMENT

1. GENERAL

The Equal Opportunity Commission's Guidelines on sexual harassment state: Unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment,

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual, or,

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working or learning environment.

1. QUID PRO QUO SEXUAL HARASSMENT

1. Explicit or implicit promises of rewards for cooperation via misuse of institutional authority, e.g. to affect a subordinate's employment/admission, professional/academic advancement, salary/financial aid, performance ratings/grades, tenure/graduation, etc.
2. Explicit or implicit threats of punishment for non-cooperation via misuse of institutional authority, e.g., to affect a subordinate's employment/admission, professional/academic advancement, salary/financial aid, performance ratings/grades, tenure/graduation, etc.

1. HOSTILE ENVIRONMENT SEXUAL HARASSMENT

Speech or conduct that creates a hostile or offensive working or academic environment; interferes with an individual's work/scholastic performance; prevents an individual's full enjoyment of professional or educational opportunities; or induces conformance, stress, anxiety, fear, or sickness on the part of the harassed person.

Such speech or conduct is reasonably regarded as offensive and substantially impairs the academic or work opportunity of students, colleagues, and co-workers. If it takes place in the teaching context, it must also be persistent, pervasive, and not germane to the subject matter. The academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material.

Implicit in the definition of sexual harassment is the assumption that it prevents the realization of the complaint's full potential as an employee or student. All persons who sexually harass another rob victims of the freedom to do their tasks. Consequently, sexual harassment is considered unethical and unprofessional as well as illegal and against university policy.

4. COMPLAINT PROCEDURES

1. INFORMAL COMPLAINT PROCEDURES

Initially, persons who believe that they are subject to sexual harassment should promptly - if at all possible-politely, but firmly, confront the perceived offender and ask that person to stop. Complainants should be very specific about the conduct and action that is offensive, stating how they feel about the harassment, and explaining how the action of the respondent is intimidating. If a face-to-face meeting is not possible, informal and formal procedures as described herein are available.

The formal procedure for filing a complaint that seeks to resolve a charge of sexual harassment requires the complainant to meet with the Assistant to the President for Equal Opportunity Programs (hereinafter referred to as the Affirmative Action Officer) and follow the procedures set forth in Section IV.B.

However, because of the emotionally debilitating effect of any sexual harassment procedure, some individuals may be hesitant to use the formal administrative process and will continue to suffer from a real or perceived discrimination. Therefore, to offer another option, Valdosta State University has structured a Support Group consisting of members of the university community who have received formal training on the subject of sexual harassment, its form and consequences.

The Support Group's composition and duties are as follows:

1. The Support Group consists of one representative each from the administration, exempt and non-exempt staff, faculty, graduate and undergraduate student bodies. Members of the Support Group are appointed by the President staggered two-year terms after recommendations are received from appropriate representatives of administration, staff, faculty, graduate, and undergraduate students.

1. Individual members of the Support Group are available to provide general information and advice to administrators, staff, faculty and students who might contact them with questions about sexual harassment. In order to serve in this advisory capacity, Group members receive training so that they understand the definition of sexual harassment, know alternative ways of formally and informally dealing with sexual harassment, and can deduce possible consequences of the alternatives. Group members meet jointly at least twice yearly to share general insights in dealing with sexual abuse situations.

1. Persons who perceive themselves to be victims of sexual harassment may consult any member of the Sexual Harassment Support Group on a fully confidential basis regarding their specific case. A Support Group member may be consulted either before instead of, or along with the filing of a formal complaint of discrimination with the Affirmative Action Officer.

1. The Support Group member will advise the individual regarding possible solutions which might be tried by themselves, as well as options available for pursuing a formal complaint. If the complainant wishes, the Support Group member may act as a liaison with the Affirmative Action Officer to discuss the case with the names of the complainant and respondent being kept strictly confidential. In this way, the Support Group member can thus obtain information regarding the adequacy of evidence, possible consequences of the complainant's filing a complaint and steps that will be taken to protect the complainant against retaliation if a complaint is filed. The complainant will thus have the appropriate information decide whether or not to file a formal complaint.

1. Once an individual files a complaint with the Affirmative Action Officer, the Formal Complaint Procedures set forth in IV.B. shall be in effect.

The issue of record keeping and notice is both crucial and sensitive. Provision should be made to (1) notify respondents immediately in order to comply with Due Process requirements, (2) omit any reference to the respondent if the matter is dropped, (3) indicate the name of the complainant and respondent if a complaint is resolved, and (4) file a report with the Affirmative Action Officer if a formal complaint is desired. Since informality, is by definition a derogation of Due Process procedures, confidentiality as well as adequate and timely notice are essential in order to protect the interests of ALL parties. Any complaint-whether true or false-may have a negative impact on all parties.

1. FORMAL COMPLAINT PROCEDURES

1. Anyone who believes himself/herself to be the object of sexual harassment may choose, either initially or after having sought a resolution through one of the mediators described above, to bring a complaint through the University's formal procedures, with the possible outcome of disciplinary action against the respondent. Those procedures are described below.

1. Written or formal charges of sexual harassment must be filed with the Affirmative Action Officer of Valdosta State University. The written charges much be brought by sworn affidavit and signed by the complainant. If the subject of the complaint is the Affirmative Action Officer or a staff member in the Affirmative Action office, the complaint may be filed with the President, who shall appoint an investigating officer to perform the tasks assigned to the Affirmative Action Officer in these procedures.
2. Formal charges should be brought within a reasonable time of the occurrence of the alleged act. Prompt reporting makes it possible to trace the facts of an incident or incidents. Ordinarily, formal complaints should be brought within fifty days of the incident(s). Upon receipt of a formal charge, the Affirmative Action Officer will notify the respondent in writing within five working days.
3. The Affirmative Action Officer will make an investigation of the written charges, consulting as necessary with the complainant, the respondent, and others, if appropriate, in order to ascertain the facts and views of all concerned parties. The Affirmative Action Officer may request affidavits from all individuals involved.
4. The Affirmative Action Officer will report in writing , within ten working days of the completion of the investigation, the findings and recommendations to the President of Valdosta State University, the complainant, and the respondent.

1. Either principal may request a hearing to appeal the Affirmative Action Officer's recommendation. A written request for a hearing shall be made to the President within ten days of notification of the Affirmative Action Officer's recommendation. The procedures for the hearing are as follows:

1. Faculty members shall appeal to the Faculty Grievance Committee and follow its procedures.
2. In any other, the complainant or respondent may request a formal hearing using the following procedures:

1. Upon receipt of a request for a hearing the President shall appoint a Chairperson of a Committee of Review. The two other members of the Committee shall be selected in the following manner:

*The complainant may select one committee member; and   *The respondent may select one committee member. Only full-time, permanent employees or full-time students of the University may serve on the Committee of Review. The Committee of Review may include representation from the faculty, the staff, the student body, or a combination of the above.

1. The Committee of Review will investigate the written charge of sexual harassment and conduct a hearing. The parties shall be informed of the date of the hearing at least five working days prior to said date by certified mail, return receipt requested. Notice shall be given pursuant to Section 803.12 of the Policy Manual and other relevant sections of the Policy Manual and University Statutes.
1. The hearing shall be conducted pursuant to procedures established by the Committee of Review and in compliance with this Policy.
2. The Committee will present its findings and recommendations to the President and both parties within five working days of the conclusion of the hearing.
3. The President shall render a final decision in the matter and notify the parties involved within ten working days of receiving the Committee's report.

1. At each step, the University's procedures seek to protect, insofar as possible, the privacy and First Amendment rights of individuals involved in a complaint. Every effort will be made to carry out procedures in a confidential manner insofar as it does not interfere with the University's legal obligations, ability to investigate allegations of misconduct, and ability to take corrective action when it is found that misconduct has occurred. If a faculty member is involved, issues of academic freedom will be considered.
1. Use of these internal procedures does not preclude subsequent legal action. Complainants may wish to obtain legal advice as they consider the courses of action open to them. However, the proceedings are not those of a court of law. The strict rules of legal evidence shall not apply.
2. A written record of formal complaint process and its outcome shall be retained by the Affirmative Action Officer.

5. APPEAL PROCEDURE

Appeals to the President's final decision shall be made in accordance with the procedures set forth in Article VIII of the Regent's By-laws.

6. SANCTIONS

Appropriate sanctions will be imposed by the President's decision (subject to any action taken by the Board of Regents) on individuals found to be engaging in sexual harassment. Examples of possible sanctions are warning letters to personnel files; poor job performance ratings impacting salary, work assignment, promotion, and contract renewal; or termination of employment.
 

7. PROTECTION OF COMPLAINANTS AGAINST RETALIATION

Retaliatory action of any kind against anyone filing either an informal or formal complaint is strictly prohibited. The Support Group member and the Affirmative Action Officer, as part of any settlement, and the President, as part of any decision, will establish safeguards against retaliation. For example, protection against retaliation in individual cases might include recommending permission for a student to drop or withdraw unpenalized from a course, to change to another section of a course, to be allowed to make a course substitution, or to change a course to pass/fail status or assigning an appropriate administrator to monitor future course grades, salary adjustments, performance rating, etc.

8. NOTIFICATION OF RECORD-KEEPING

1. Any records in any medium (paper, electronic, grease board, etc.) containing any employee's or student's name in the context of any informal or formal procedure under this policy must be brought to the employee's or student's attention. Notification of the existence of a record must occur within one of two time frames. If both appear to apply, the earlier deadline will be used.

1. If the situation involves a student/faculty relationship, notification will occur not later than ten working days after the end of the academic term in which the record was created, added to, or otherwise modified.
2. If the situation does not involve a student/faculty relationship, notification will occur not later than ten working days after the record was created, added to, or otherwise modified.

1. The burden is on the institution to show that proper and timely notification was made. Notification will be deemed to have occurred if a named employee refuses to accept certified or registered mail containing notification.
1. The named employee or student may, at his/her sole discretion, add to the record any rebuttals or other comments she/he chooses. A named employee or student may obtain, at no charge, a copy of any record naming him/her.
2. Failure of the university to notify complainants and respondents as required will preclude the institution's use of the record in any action against the named employee or student although the named employee or student may choose to use the record in his/her defense.
3. A named employee or student who is not properly and punctually notified of a record may require that his/her name be expunged from the record.

9. PUBLICATION AND TRAINING

Valdosta State University will conduct educational programs of various types for administrators, staff, faculty, graduate, and undergraduate students. Training methods will vary depending on specific needs but will include the following: Lecture and discussion; films, slides, and videotapes; articles on sexual harassment in special publications; and sexual harassment seminars. Training will be offered on a widespread basis upon the initial adoption of this policy and at regular intervals thereafter. Special attention will be given at the early stages of initial employment and admission to the University.