Sexual Harassment for Faculty/Staff
A. Statement of Policy
Bethune-Cookman University is committed to maintaining an educational and working environment free from unlawful sexual harassment. Sexual harassment by any employee or student is prohibited and will not be tolerated. Persons violating this policy will be subject to disciplinary action which may include, but not limited to, written warning, demotion, transfer, suspension, expulsion, dismissal, or termination.
No employee or student shall unlawfully sexually harass another employee or student, nor shall any employee or student sexually harass any person with whom they have contact in connection with their employment or academic pursuits. No employee or student shall threaten another current or prospective employee or student by stating, suggesting or otherwise indicating that said individual's refusal to submit to sexual advances will result in adverse job or academic action. No employee or student shall promise a current or prospective faculty, staff or student any benefit in return for submission to sexual advances or granting sexual favors. Any employment or academic decisions carrying out such threats or promises are likewise prohibited.
For purposes of this policy, "sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:
- Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic success
- Submission to or rejection of the conduct by an individual is used as a basis for employment or academic decisions affecting the individual; or
- A reasonable person would find that the conduct has the purpose or effect of interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive work or academic environment.
- Sexual assault or rape
- Are unlawful pursuant to the state & federal law.
Examples of conduct which can constitute sexual harassment include such things as (a) sexual flirtation, advances, or propositions; (b) sexually explicit statements, questions, or jokes; (c) displays of sexually explicit material (whether audio or visual); (d) inappropriate personal comments, staring, or touching (e) remarks of a sexual nature about a person's body, clothing, or sexual behavior; or (f) direct or implied threats that submission to sexual advances will be a condition of employment, promotion, or academic advancement. The foregoing list is intended to be illustrative rather than exhaustive.
Any employee, or student who believes that he or she has been unlawfully sexually harassed, or has observed any violation of this policy, has both the right and the obligation to promptly report the matter to the appropriate University official, as set forth below:
a. Non-faculty employees should report complaints of sexual harassment to their immediate supervisor. If the employee does not feel comfortable reporting the complaint to the immediate supervisor, or if the immediate supervisor is the cause of the complaint, then the employee may report the matter to the Director of the Office of Human Resources Management or the Equal Employment Opportunity Officer.
b. Faculty members should report complaints of sexual harassment to their department head. If the faculty member does not feel comfortable reporting the complaint to the department head, or if the department head is the cause of the complaint, then the employee may report the matter to the Executive Vice President for Fiscal Affairs and Administration or to the Vice President for Academic Affairs or the Equal Employment Opportunity Officer.
c. Students should report complaints of sexual harassment to their faculty adviser. If the student does not feel comfortable reporting the complaint to the faculty adviser, or if the faculty adviser is the cause of the complaint, then the student should report the matter to the Vice President of Student Affairs or the Equal Employment Opportunity Officer.
The person to whom any complaint of sexual harassment is reported should immediately report receipt of the complaint to the Office of Human Resources Management. The University will promptly investigate any complaint of sexual harassment, with the investigation overseen by the University Equal Employment Opportunity Officer. The complainant may be required to prepare and sign a written statement describing the harassment, and other persons with knowledge of the complaint may be asked to furnish oral or written statements as well.
Although the University will maintain confidentiality to the greatest extent possible, the University reserves the right to conduct such investigations as it deems appropriate, and to provide all affected parties an opportunity to respond to the complaint. Accordingly, the University cannot assure complete confidentiality.
Sanctions against a person found guilty of sexual harassment will necessarily depend upon the circumstances of each case. As noted above, however, any employee or student violating this policy will be subject to disciplinary action, up to and including dismissal, termination, or expulsion.
An employee or student who wishes to appeal a sanction imposed for violation of this policy may utilize the appeal procedure set forth in the Employee Grievance Procedure Policy. A faculty member who wishes to appeal such a sanction may utilize the appeal procedure set forth in the Faculty Grievance Procedure policy.
E. Protection against retaliation
Individuals who, in good faith, report sexual harassment of themselves or others, or who present evidence in a sexual harassment investigation, shall not be subject to any retaliatory employment or academic action. Such acts of retaliation constitute violations of this policy, and should be reported as set forth above.