Welcome to the Department of Human Resources
Sexual Harassment Policy
Date Updated: 05/24/2005
1.0 Policy Overview
2.0 Policy
2.1 Definitions
2.2 Responsibility
2.3 Confidentiality
2.4 Malicious Allegations/Complaints
3.0 Bringing a Complaint
4.0 Resolution of a Complaint
5.0 Right to Appeal
1.0 Policy Overview
This document is intended to provide a mechanism to protect the rights of claimants and respondents at Clayton State University and to affirm and support an environment in which the university is free of sexual harassment through the protection of these rights and the standardization of practices.
2.0 Policy
Clayton State University is committed to a work environment in which all individuals are treated with respect and dignity. No member of its community, including faculty, staff or students, should be subjected to sexual harassment. Each person has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including sexual harassment. Clayton State University will not condone the sexual exploitation of individuals in the work place, and expects that all relationships within the community be business- like and free of sexual harassment. Sexual harassment is a violation of law, and is a basis for disciplinary action up to and including termination of employment.
Retaliation against any employee who has filed a sexual harassment complaint or has cooperated in the investigation of a sexual harassment complaint is also prohibited. Any employee engaging in retaliatory conduct is subject to disciplinary action, up to and including termination of employment.
2.1 Definitions
Definition and Statutory Reference - Harassment on the basis of sex is discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.§2000e, and Title IX of the Educational Amendments of 1972, 20 U.S.C. §1681. Sexual harassment most often exploits a relationship between individuals of unequal power and authority (as, for example, between an employee and supervisor or between a student and teacher) but may also occur between student peers or employees of equal rank. Sexual harassment is not limited by gender of either party, nor by superior/subordinate relationships. At a university, sexual harassment also constitutes unprofessional conduct which compromises the university's commitment to the pursuit of learning.
Unwelcome sexual advances, requests for sexual favors, verbal and written comments, or physical conduct of a sexual nature may constitute sexual harassment when such conduct:
- is made, either explicitly or implicitly, a term or condition of instruction, employment, or participation in a university activity; or
- is used to be a basis for evaluation in making academic or personnel decisions affecting an individual; or
- creates an intimidating, hostile, or offensive university environment
In relation to the foregoing statements, sexually harassing behavior may include, but is not limited to, the following:
- unwelcome sexual flirtations, advances, or propositions; verbal remarks of a sexual nature (whether directed to an individual or a group), including sexually explicit or offensive jokes; graphic or degrading verbal or written comments of a sexual nature about an individual or the individual's appearance;
- any suggestive or unwelcome physical contact; conduct of a sexual nature that interferes with a student's academic or extracurricular activities or with an employee's job performance; or
- assault.
2.2 Responsibility
The ultimate responsibility for the effective implementation of this policy is with the President of the university. The Senior Academic Officer, the Director of Human Resources, the Dean of Students, and the Affirmative Action Officer (AAO) (or the persons in equivalent positions) will see that the Sexual Harassment Policy is communicated on a routine basis through the faculty, staff and student handbooks.
Failure of supervisors to respond to allegations of sexual harassment in a timely manner is a violation of policy and a violation of the law. The university is prepared to take preventive and corrective action in cases of sexual harassment; individuals who engage in such misconduct are subject to appropriate disciplinary action.
2.3 Confidentiality
All efforts will be made to respect the right to confidentiality of all parties involved in a sexual harassment charge. Confidentiality, however, cannot be guaranteed.
2.4 Malicious Allegations/Complaints
Malicious charges may result in sanctions imposed against the complainant by the university, or charges filed against the complainant by the respondent. Repeated filing of frivolous complaints will be considered a malicious action. The failure to substantiate a sexual harassment charge does not automatically constitute a malicious action charge.
3.0 Bringing a Complaint
Any member of the university community who believes he or she has been the victim of sexual harassment as defined above (the Complainant) should promptly report the matter to Steve Stephens in the Office of President (770-960-4499) for incidents involving faculty and staff; and to Dr. Kevin Rome, Dean of Students (770-961-3510) for incidents involving students or student claims.
The initial discussion between the Complainant and the appropriate university official will be handled with sensitivity and discretion. The appropriate university official will inquire into all reports of alleged sexual harassment brought to his or her attention.
During the initial meeting with the appropriate university official, a written summary of the complaint will be made and should be signed by the Complainant.
The appropriate university official will inform the alleged offender (the Respondent) of the allegation and of the identity of the Complainant, will provide him or her with a written summary of the Complaint and will proceed as set forth in the following section.
4.0 Resolution of a Complaint
When a Complaint is submitted, the appropriate university official will discuss the matter with the parties promptly, will notify the appropriate Dean or Vice President of the charge, and may initiate whatever steps he or she deems appropriate to affect an informal resolution of the complaint acceptable to both parties within 15 calendar days of a reported incident. If an informal resolution is reached, it will be documented in writing, approved by the Affirmative Action Officer or the Dean of Students, as appropriate, and signed by the Complainant and the Respondent.
If an informal resolution satisfactory to the Parties is not reached within 15 calendar days after an incident is reported; or if in the sole discretion of the appropriate university official, an informal resolution is not possible; the appropriate university official will proceed with a full investigation. A report of the investigation results along with a recommendation for resolution of the Complaint and/or disciplinary action will be made to the President of the university within 60 days of the date the investigation was initiated. Upon approval of the President, the Affirmative Action Officer or the Dean of Students will initiate prompt remedial or corrective action where warranted.
This policy does not preclude anyone from pursuing a complaint, at any stage of the process, with any external agency.
5.0 Right to Appeal
The respondent shall have the right to appeal the decision to the President or his/her designee. In exercising the right of appeal to the President as provided by this procedure, a written appeal must be made within ten (10) working days after written notification of the decision which is being appealed. The President or his/her designee may receive additional information if he/she believes such information would aid in the decision. A decision will be made within a reasonable time and the appropriate university official, the complainant, and the respondent will be notified of the decision. During the time of appeal and review, disciplinary action taken as a result of the original complaint, may be implemented and enforced.