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The University of the South stands firmly for the principle that its students, faculty, and staff members have a right to be free from harassment based on race, color, sex, religion, national origin, age, disability, sexual orientation, or protected activity under anti-discrimination statues by any other member of the University community, and the University will not tolerate any form of harassment.
Conduct prohibited by this policy does not include simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, conduct that rises to the level of harassment must be so offensive as to alter the conditions of employment or the educational environment. If the harassment culminates in a tangible employment or education action or is sufficiently severe or pervasive so that a hostile work or education environment is created, then the conduct is prohibited. Examples of tangible employment actions include hiring and firing; promotion and failure to promote; demotion; and significant change in benefits. Examples of tangible education actions include lowering or raising a grade and passing or refusing to pass a student in any course. A hostile environment may result from actions between students or between employees and students. Conduct that may create a hostile environment includes offensive statements and comments, unwelcome touching, and displays of offensive pictures or other materials.
Employees and students are strongly encouraged to report all incidents of harassment, including those that may not amount to a violation of law because they are not sufficiently severe or are isolated events. All supervisors must report incidents of harassment to their division head. Employees and students who make complaints of harassment or provide information related to such complaints will be protected against retaliation. No one will be reprimanded or discriminated against in any way for initiating an inquiry or complaint in good faith. The University will also endeavor to protect the rights of any person against whom a complaint is lodged. Once an inquiry or complaint is made, every effort will be made to resolve the problem within a reasonable time. All complaints must be reported to the University's legal counsel who advises the University about the implementation of this policy and keeps a written record of every complaint received and any subsequent action taken.
Confidentiality of complaints will be protected to the extent possible, but complete confidentiality is not possible since the University can not conduct an effective investigation without revealing certain information to the alleged harasser and potential witnesses. However, information will be disclosed only to those who need to know about it.
The following procedures describe the options available to any person who believes that he or she has been harassed by a student, employee, or other person at the University of the South (such as contractors, vendors or other campus visitors). Anyone who wishes clarification or further information about any of these procedures is encouraged to speak with the Director of Personnel Services or a dean.
COUNSELING, ADVICE AND INFORMAL RESOLUTION
In many instances, informal discussion and mediation can be helpful in resolving perceived instances of harassment. Problems are sometimes easier to resolve when an informal atmosphere encourages people to identify the problem, talk about it, and agree on how to deal with it.
WHOM TO CONTACT
Problems, questions and complaints may be discussed with a senior administrative officer. These individuals may be helpful in advising and aiding a person's own efforts to resolve a problem. Such help may involve coaching the individual in preparation for a conversation with the person causing the problem; assisting the individual in writing a letter to that person describing the offending behavior and requesting that it stop; or offering to meet with the person causing the problem.
FORMAL COMPLAINT PROCEDURES
Anyone who believes himself or herself to be the object of harassment involving a member of the faculty, staff, or student body or other member of the University community may choose, either initially or after having sought an informal resolution, to bring a complaint through the University's formal procedures. Merely discussing a complaint does not commit one to making a formal charge.
1. When to File a Complaint
Prompt reporting of an incident is strongly urged, since it is often difficult to determine the facts of an incident long after they have occurred.
2. How to File a Complaint
a. Any dean and the Director of Personnel Services are authorized to receive formal complaints.
b. The individual making the complaint may wish to have another member of the University community present at discussions of the complaint.
c. After discussion with a person authorized to receive a formal complaint, the individual may file a signed, written statement describing the complaint and requesting a formal investigation. This statement will be shown to the accused person.
d. The authorized recipient of the complaint will notify the Provost of the complaint, and the Provost will appoint an investigative officer.
e. Use of these internal procedures does not foreclose subsequent legal action. Individuals may wish to obtain legal advice as they consider the courses of action open to them. However, the proceedings described here are not those of a court of law and the presence of legal counsel is not permitted during these discussions.
3. Protection of the Complainant and Respondent
Throughout the complaint process, every effort will be made to protect the individual bringing the complaint (hereinafter referred to as "complainant") from reprisals and to protect the accused (hereinafter referred to as the "respondent") from irresponsible complaints.
4. The Complaint Process
a. The timetable set forth below is approximate. The investigative officer may, at his or her discretion, allow additional time for any of the steps noted.
b. Within 10 days of receiving the written complaint, the investigative officer will consult with the complainant and with the respondent, and others if appropriate, in order to ascertain the facts and views of both the parties. Either party may have another member of the University community present.
c. The investigative officer will prepare a report, summarizing the relevant evidence, within 30 days of receiving the written complaint. A draft of the report will be shown to the complainant and the respondent in order to permit them the opportunity to respond before a final report is made. Any response must be given to the investigative office within 5 days of receiving the draft of the report.
d. The final report, presenting the findings in summary, will be sent to a) the Dean of Students in the College for complaints about undergraduate students, b) the Dean of the College for complaints about faculty in the College, c) the Dean of the School of Theology for complaints about faculty or students in the School of Theology and d) the Treasurer for complaints about staff members or others.
e. The final report will be shown to the complainant and the respondent. Within 5 days thereafter, the complainant and the respondent may each submit a statement to the appropriate Dean or Treasurer concerning the report.
f. Within 5 days after the submission of any final statements from the complainant and the respondent, the appropriate Dean or Treasurer will decide to:
1) dismiss a complaint if it is found to lack sufficient evidence or to otherwise be without merit; or
2) take whatever action he or she believes is warranted by the evidence; or
3) ask the investigative officer to consider the matter further and submit a supplementary report.
The complainant and respondent will be notified of the action taken.
g. Following the disposition of a case, any party who is dissatisfied with the decision may appeal by submitting a written statement to the Provost within 5 days, stating with specificity the reasons for his or her dissatisfaction. The Provost, within 10 days of submission of such a request, may decide whether reconsideration is appropriate or, at his or her discretion, submit the matter for further investigation. The decision of the Provost is final.
h. In certain cases, it may be appropriate for the University to modify the procedures set forth above in light of the nature of the charges, the parties or witnesses involved, the procedures for discipline of faculty as set forth in the Faculty Personnel Procedures, the procedures for discipline of staff members as set forth in the Staff Handbook, or other reasonable cause.
5. Penalties
The penalties for harassment depend on the nature of the offense. Sanctions may range from reprimand to dismissal. Any person who intentionally makes a false accusation is also subject to disciplinary action.
6. What Happens Following the Disposition of a Case
a. The facts about individual cases and their dispositions are confidential. The appropriate Dean, Treasurer or Provost will, however, inform the complainant, respondent, and others with a need to know of his or her conclusions in the case.
b. The investigative officer will insure that any action determined by the appropriate Dean or Treasurer is carried out.
c. A permanent, written record of the formal complaint process and its outcome is ordinarily retained by the University. If the complaint did not result in any disciplinary action, the accused person may request the removal of the record from his or her personnel or student file after a reasonable period of time. The University will then determine whether removal is appropriate.
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The University of the South's policy against harassment is consistent with Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and 34 CFR Part 106. In addition to contacting the designated persons specified in these procedures, persons with inquiries regarding the application of Title IX and 34 CFR Part 106 may contact the Regional Civil Rights Director, U.S. Department of Education, Office for Civil Rights, Region IV, 101 Marietta Tower 27th Floor, P.O. Box 1705, Atlanta, Georgia 30301.
October 2004
