Sexual Harassment Policy - Belmont College

Purpose

This policy establishes the procedures for enforcement against harassment and discrimination from sexual misconduct as defined by the Title VII, Title IX, Campus SaVE, and Clery Acts.

Policy Statement

It is the policy of the Belmont College to enforce Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 to provide an educational, employment, and business environment free of all forms of sexual discrimination or sexual harassment. Belmont College also prohibits retaliation for asserting or otherwise participating in claims of sex discrimination or sexual harassment.

Persons Affected

This policy applies to all College students, faculty, staff, and members of the College community, contractors, consultants, and vendors doing business or providing services to the College.

Definition

Sexual Harassment – any unwelcome sexual advances, requests for sexual favors and other verbal and physical conduct of a sexual nature when (1) submission to such conduct is made either 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 a basis for employment decisions affecting such individual, (3) such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance, (4) any other

verbal, nonverbal, or physical conduct of a sexual nature that is severe, persistent, or pervasive to limit a person’s ability to participate in or benefit from college activity, and/or (5) any activity that creates an intimidating, hostile, or offensive working environment.

Procedures

Reporting

Any allegation of sexual harassment will be investigated thoroughly in accordance with procedures set forth herein.
Any member of the College community with a complaint of sexual harassment should notify his/her immediate supervisor, or any person of leadership. If the complaint involves the immediate supervisor, an employee should contact his/her next higher-level supervisor. In lieu of or in addition to notification of supervisory personnel, any member of the College community with a complaint of sexual harassment may contact the Human Resources Upon notification of conduct which allegedly constitutes sexual harassment under the definitions set forth herein, the supervisory or leadership personnel so informed, in consultation with Human Resources, shall take immediate and appropriate action. Due to the sensitive nature of the allegation of sexual harassment, every effort will be made at this stage to resolve the situation on an informal basis and to protect anonymity of the employee(s) and/or student(s) involved.
If, after the above steps are undertaken, the affected individual is not satisfied, the affected individual may file a formal complaint against the offender and/or against the administrator who has allegedly failed or refused to take corrective action after receiving notice of the initial complaint. These proceedings will be conducted in accordance with applicable policies and procedures with the objective of obtaining a fair resolution of the complaint while protecting the confidentiality and privacy rights of all individuals involved.
Any member of the College community who, under the procedures set forth herein, is found to have engaged in the sexual harassment of a subordinate employee, co-worker, or student will be subject to disciplinary action up to and including termination of employment or expulsion.
In defining the conduct which constitutes sexual harassment, Federal guidelines address themselves to unwelcome conduct, and clearly distinguish sexual harassment from a “particular action or incident which is a purely personal, social relationship without a discriminating employment effect”. In determining whether conduct constitutes sexual harassment, the College will examine the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. Determination of the legality of the particular action will be made from the facts, on a case-by-case basis.
Any member of the College community who feels that he/she is being subjected to conduct office directly to register the complaint and/or to request advice and counsel.
Upon notification of conduct which allegedly constitutes sexual harassment under the definitions set forth herein, the supervisory or leadership personnel so informed, in consultation with Human Resources, shall take immediate and appropriate action. Due to the sensitive nature of the allegation of sexual harassment, every effort will be made at this stage to resolve the situation on an informal basis and to protect anonymity of the employee(s) and/or student(s) involved.
If, after the above steps are undertaken, the affected individual is not satisfied, the affected individual may file a formal complaint against the offender and/or against the administrator who has allegedly failed or refused to take corrective action after receiving notice of the initial complaint. These proceedings will be conducted in accordance with applicable policies and procedures with the objective of obtaining a fair resolution of the complaint while protecting the confidentiality and privacy rights of all individuals involved.
Any member of the College community who, under the procedures set forth herein, is found to have engaged in the sexual harassment of a subordinate employee, co-worker, or student will be subject to disciplinary action up to and including termination of employment or expulsion.
In defining the conduct which constitutes sexual harassment, Federal guidelines address themselves to unwelcome conduct, and clearly distinguish sexual harassment from a “particular action or incident which is a purely personal, social relationship without a discriminating employment effect”. In determining whether conduct constitutes sexual harassment, the College will examine the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. Determination of the legality of the particular action will be made from the facts, on a case-by-case basis.
Any member of the College community who feels that he/she is being subjected to conduct which, under the definitions and guidelines set forth herein, allegedly constitutes sexual harassment, should keep a detailed document or record of the offending conduct (e.g., date of incident, what was said and done, names of witnesses to the incident, etc.). Bad faith allegations or use of this policy for purposes unrelated to its clear intent are expressly prohibited and employees found to bring forth bad faith allegations are subject to disciplinary action up to and including termination of employment. Students are subject to disciplinary action up to and include expulsion from the College.

Consequence

Employees found to violate this policy could face disciplinary action up to and including termination of employment. Students found to violate this policy could face disciplinary action up to and including expulsion from the College.