Heritage University

Policy/Procedure Number: 5.3.4

Title: Sexual Harassment and Discrimination

Effective: June 1984, Revised February, 1996; Reviewed November, 1999

Principles:

Heritage University is committed to maintaining a humane atmosphere in which individuals are treated with respect and do not abuse their personal authority or power in interpersonal relationships.

More specifically, the faculty, staff and students of Heritage University will not condone actions and words which a reasonable person would regard as either sexual harassment or discrimination based on race, color, creed, national or ethnic origin, sex, physical or mental handicap, sexual orientation or age.

Definitions:

Sexual Harassment: Sexual harassment is a form of sexual discrimination. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature involving Heritage employee(s) in the course of their work.

Though it is not easy to define precisely what harassment is, it certainly includes unwelcome jokes or comments, sexual advances, requests for sexual favors, unwanted touching and other verbal or physical conduct of a sexual nature. Victims of sexual harassment may include persons directly involved and others in the workplace who are affected by improper conduct.

Sexual harassment usually falls under one of three categories:

1. VERBAL: Sexual innuendo, suggestive comments, threats, insults, jokes about gender-specific traits, sexual propositions.

2. NONVERBAL: Making suggestive or insulting noises, obscene gestures, whistling, leering.

3. PHYSICAL: Touching, pinching, brushing a body, coercing any sexual activity, assault.

Discrimination may take a variety of forms. It generally includes behavior which a reasonable person would regard as having a detrimental or harassing effect on the recipient. It may also include situations between parties (consenting or non-consenting) that affect detrimentally other workers or students. Sexual harassment may be committed by students and subordinates as well as faculty and supervisors.

Policy:

As a part of Heritage University's continuing affirmative action efforts and pursuant to the guidelines on sex discrimination issued by the Equal Employment Opportunity Commission and the Washington State Human Rights Commission, Heritage University adheres to the following policy:

It is against the policies of Heritage University for any employee or student, male or female, to sexually harass another employee or student by:

a) making unwelcome sexual advances or requests for sexual favors, or by other verbal or physical conduct of a sexual nature; or

b) making submission to or rejection of such conduct the basis of decisions affecting the employee or the student; or

c) creating an intimidating, hostile, or offensive working or learning environment by such conduct.

In addition, it is also against the policies of Heritage University to retaliate against any person, because they have made or filed a complaint of sexual harassment or otherwise opposed such conduct.

Employees shall include all persons paid any compensation by Heritage University. Students shall include all students registered at Heritage. Sexual harassment usually occurs at the work site, but may involve off-site situations that may have work-place implications. For example, a faculty member approaching a student in his/her class, at off-campus location, and requesting a date, could be harassing the student.

Romantic or sexual relationships between faculty members and students and between supervisors and supervisees do not necessarily involve sexual harassment. Nonetheless, the University strongly discourages these relationships. The powers that faculty members exercise in evaluating students' work, awarding grades, providing recommendations, and the like will generally constrain a student's actual freedom to choose whether to enter into or to end a romantic or sexual relationship with a faculty member. Supervisees, likewise, may not feel fully free to reject or end a romantic or sexual relationship with their supervisors. Even consensual relationships may have negative impact on others in the workplace or classroom.

The University generally will be unsympathetic to a defense based on consent when the facts establish that the accused had the power to affect the complainant's academic or employment status or future prospects. Likewise, consent is not a defense when others, not party to the relationships, are adversely affected.

Investigation and Appeals:

An employee or a student who believes he/she has been the object of discrimination or sexual harassment or who feels classroom or workplace effectiveness is being jeopardized by a relationship involving a faculty member or supervisor should report the alleged act as soon as possible to the Human Resource Director. Investigation of a complaint will be conducted promptly, assuring maximum confidentiality consistent with the principles of due process and fundamental fairness.

Procedure:

1. The University will publicize this policy and encourage those with complaints or concerns to report incidents. Those suspecting harassment, but who are not being harassed themselves, will be encouraged to report such problems.

2. The person should report the incident as soon as possible after the alleged harassment or discrimination occurs to the Director of Human Resources. The initial discussion is to be kept confidential. The complainant will be asked to put the complaint in writing. Promptly after the reported incident, the Human Resources Director should initiate steps to effect an informal resolution of the complaint acceptable to both parties.

3. The Director of Human Resources should inform the subject(s) named in the allegation of the complainant's identity. A copy of the complaint must be given to all parties. Every effort must be made to protect the individuals involved from retaliatory action by those named in the complaint as well as from all others. The Director of Human Resources will attempt to find a solution satisfactory to all parties.

4. If the person, after meeting informally with the Human Resources Director, decides to proceed further with the complaint, the person must present a written complaint to the Vice President for Support Services/CFO. Dissemination of information relating to the case is to be limited so as to ensure, as fully as possible, the privacy of the individuals involved.

5. The Vice President for Support Services/CFO will investigate the complaint and render a decision. Any party to that decision , if unsatisfied with the resolution proposed by the Vice President for Support Services/CFO, may file a formal appeal with the President of Heritage University.

6. The President will make clear further options available to all parties prior to further formal action. Formal actions may include written warnings, job transfers, suspension, and discharge. The complainant will be informed of action taken to remedy the complaint. Confidentiality will be maintained as far as possible. The action of the President is final and may not be appealed.