NOTE: The Sexual Harassment Officer (SHO) for Rockford College referred to in this document is:

.............................Robert Evans - Colman 103 - phone: 226-4175

POLICY AND PROCEDURES

The college's policy and procedures on sexual harassment are designed to be fair to the accused, to provide a means of ascertaining truth, and to describe a procedure which is workable and reasonable for all members of the college community. The policy applies to conduct which:
1) occurs on the college's campus or at a college-sponsored event;
2) is related to employment at the college; or
3) is relevant to an academic relationship.

The following procedure will implement the Rockford College Statement on Sexual Harassment as announced by the President and as approved by the Board of Trustees on September 24, 1994.

The procedures described herein supercede any other college policies and procedures with the exception of those in the Faculty Handbook, V.

Definition of Sexual Harassment

Sexual harassment is a form of discrimination and is illegal under Title IX of the Educational Amendments of 1972 and under guidelines issued by the Equal Employment Opportunity Commission (EEOC), Title VII, Civil Rights Act of 1991, as amended. The EEOC has defined sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." Federal courts have extended the definition to include any unwanted and offensive conduct, verbal or non-verbal, which is targeted at an individual because of that individual's gender. The conduct itself does not have to be sexual in nature.

Under the law there are two basic kinds of sexual harassment. The first kind is known as "quid pro quo," meaning literally "this for that." This kind of harassment occurs when submission or refusal to submit to sexual advances has a direct effect on the terms or conditions of the victim's employment or status in a course, program, or activity.

The EEOC defines the second type of sexual harassment as conduct which has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile or offensive environment for work or learning on the basis of an individual's gender.

Examples of Sexual Harassment

Sexual harassment encompasses any unwanted and persistent attention or communication of a sexual nature which is unrelated to the reasonable conduct of classroom discussions or other professional duties and which is directed against an individual because of his or her gender. Sexual harassment also encompasses any hostile or abusive action or communication directed against an individual because of his or her gender. Sexual harassment includes the following:

o Physical assault;
o Quid pro quo, i.e., direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letters of recommendation;
o Unwanted sexual propositions or pressure for sexual activity;
o Unwanted remarks of a sexual nature, including sexually explicit jokes, teasing, and intrusive personal questioning;
o Unwanted, non-verbal behavior of a sexual nature, such as gestures and repeated staring;
o Unwanted physical contact, including touching, patting, hugging, or brushing against another person's body;
o Unwanted displays of sexually explicit photographs and objects;
o Unwanted remarks about sexual activity or speculations about previous sexual experience;
o Unwanted remarks of a sexual nature about a person's clothing or body;
o Discriminatory intimidation, ridicule, or insult that the alleged victim perceives as abusive, based on gender.

In order to constitute sexual harassment, the acts in question must be severe or pervasive enough to create an objectively hostile or abusive working or learning environment.

Except for physical assault and quid pro quo, a single and un-repeated instance of any of the acts listed above will not ordinarily be used to initiate sexual harassment proceedings. In order to establish that the act in question was "unwanted," the alleged victim must, either directly or through an intermediary, have given the perpetrator express or clearly implied indication to that effect. In the event of a hearing, the appropriate hearing panel must determine that such act was unwanted, based on reasonable assessment of the totality of circumstances, including any relevant conduct of the alleged victim.

In every case, the accused shall be presumed innocent until proven guilty by a preponderance of credible evidence.

Freedom of Speech, Academic Freedom and Other Rights

The sexual harassment policy will not be used to restrain any member of the Rockford College community in the exercise of freedom of speech or other legal rights. The sexual harassment policy will not be used to restrain faculty in their exercise of academic freedom as defined in the Faculty Handbook, V, "Policies and Procedures Concerning Appointment, Reappointment, Termination, Dismissal, Tenure, and Promotion" (1993), as amended.

Sexual Harassment Board

The Sexual Harassment Board (SHB) is composed of eight members evenly divided by gender, and appointed by the president of the college for staggered two-year terms, except for the faculty members, who are selected for staggered three-year terms:

o Two students (two-year term),
o Two support staff members (staggered three-year term),
o Two administrative staff members (staggered three-year term), and
o Two faculty members (staggered three-year term)

The college's Sexual Harassment Officer (SHO) is a non-voting, ex-officio member of the SHB. The SHO is an objective observer of sexual harassment hearings and maintains all records of complaints, findings, and results of hearings conducted by the Sexual Harassment Board.

Each year the SHB elects its chair from among its members and determines its rules of conduct.
Cases of sexual harassment will be heard by the SHB, except as noted below:

1. Cases involving the president or a trustee:

Will be handled by the Board of Trustees.

2. Cases involving a member of the SHB or the SHO:

Will be handled by the president of the college. In either situation, the Board of Trustees or president, as applicable, shall employ a procedure substantially similar to the procedure described in this policy, but using persons other than the SHO and the SHB.

3. Cases involving faculty:

Because of their contractual relationship with the college, faculty members accused of physical assault or quid pro quo, or of another form of sexual harassment for which a penalty of dismissal or suspension is sought, will have their cases handled as gross misconduct cases in accordance with the Faculty Handbook, V, Sections G. and H. of "Policies and Procedures Concerning Appointment, Reappointment, Termination, Dismissal, Tenure, and Promotion" (1993), as amended.

For all other charges of sexual harassment directed against a faculty member, the SHB shall meet and review the charge. At this preliminary meeting, the SHB shall determine whether, assuming the allegations in the charge were true, there is any possibility it would recommend a sanction of suspension or dismissal. If the SHB determines that such a recommendation is possible, it shall immediately refer the matter to the RTP Committee pursuant to the Faculty Handbook, V, and take no further action itself.

If the SHB determines at its preliminary meeting that suspension or dismissal are not possible sanctions based upon the charge, it shall employ the same procedures as those applicable to charges brought against other individuals. In such cases, the SHB shall have no authority to recommend a dismissal or suspension for a faculty member. However, if during or upon the conclusion of a hearing, the SHB determines that suspension or dismissal might be an appropriate sanction it shall terminate its procedures without issuing any findings or reports and immediately refer the matter to the faculty RTP Committee to be handled in accordance with the Faculty Handbook, V.

4. Repeated Behavior:

A penalty of dismissal or suspension may be sought by the President or the SHO against an individual for repeated instances of sexual harassment other than physical assault or quid pro quo, where the perpetrator has shown flagrant disregard of lesser penalties. In cases involving a faculty member, the hearing panel designated in the aforementioned "Policies and Procedures..." may re-examine prior rulings against the accused by the Sexual Harassment Board. A penalty of dismissal or suspension may be sought by the President or SHO against an individual for repeated instances of sexual harassment other than physical assault or quid pro quo, where the perpetrator has shown flagrant disregard of lesser penalties. In cases involving a faculty member, the hearing panel designated in the aforementioned "Policies and Procedures..." may re-examine prior rulings against the accused by the Sexual Harassment Board.

Procedure

Ordinarily, complaints of sexual harassment will be handled in the manner described below.

1. Initiation of Complaints

Any member of, or visitor to, the Rockford College community who believes that he or she has been the victim of sexual harassment, is encouraged to report the incident(s) to the SHO. Complaints may be made on either an informal or formal basis. All complaints will be treated as confidential to the extent consistent with the investigation and hearing procedures described in this policy, and except where otherwise required by law.

2. Informal Complaints

If the individual is not comfortable with filing a formal, written complaint but still believes the matter merits the attention of the college, the individual may bring an informal complaint to the SHO. An informal complaint need not be in writing. The SHO can help the individual who files an informal complaint decide on the best course of action, including whether to file a formal complaint. Individuals should understand, however, that: 1) no formal records will be kept of informal complaints; 2) informal complaints cannot result in any formal investigation by the SHO; 3) informal complaints cannot result in any formal hearings under this policy; and 4) filing an informal comlaint does not toll the period for filing a formal complaint.

3. Formal Complaints

Any individual who believes that he or she has been the subject of sexual harassment may file a formal complaint with the SHO. All formal complaints must be in writing, and must be filed with the SHO within 120 calendar days of the alleged harassment. All formal complaints must include a request for either mediation or a formal hearing. As dicussed further in this policy, a request for mediation does not prejudice the individual's right to later request a hearing if mediation is unsuccessful.

4. Mediation

Whenever possible and appropriate, Rockford College encourages informal resolution of complaints and encourages individuals to consider this alternative. When an accuser has requested mediation in his or her complaint, the SHO will meet separately with both the accuser and the accused to take verbal statements and to provide each individual with the opportunity to explain his or her position in the matter. The SHO will then attempt to mediate a resolution to the matter which is satisfactory to both the individuals involved. No resolution may be implemented by the SHO which is not acceptable to both parties.

If the SHO is able to mediate a resolution which is acceptable to both parties, the SHO will reduce that resolution to writing and have both parties sign it. A record of that resolution will be filed with the complaint. This entire record will be treated as confidential by the college, except where disclosure is required by law.

If the SHO is unable to mediate a mutually acceptable resolution, the SHO will report that result to both parties. The individual who filed the complaint will then have fourteen calendar days from the day he or she received that report in which to submit a written request for a hearing to the SHO. If the SHO does not receive a written request for a hearing within that period, the matter will be considered to be closed. If the individual who filed the complaints submits a written request for a hearing, the procedures outlined below will be followed.

5. Investigation

Upon receiving a written request for a hearing, either with the initial complaint or upon the unsuccessful conclusion of mediation, the SHO shall investigate the allegations contained in the complaint. Such investigation shall include interviewing the accused and all witnesses or potential witness. If the SHO finds that there is sufficient evidence for a reasonable person to conclude that sexual harassment had probably occurred, the SHO shall initiate a hearing using the procedures described in this policy. If the SHO finds that there is not sufficient evidence for a reasonable person to conclude that sexual harassment had possibly occurred, the SHO shall report this finding in writing to the individual who filed the complaint and close the file. That individual may file a written appeal to the president of the college within fourteen calendar days of receiving the SHO's findings. Upon receiving such an appeal, the president may either deny the appeal or order a hearing. The president's decision on this matter shall be final and non-appealable.

6. Processing Complaints Against Faculty Member

If the SHO initiates a hearing based upon a complaint against a faculty member, the SHO shall proceed as follows: 1) if the complaint includes any allegation of physical assault and/or quid pro quo harassment, the SHO shall refer the matter directly to the faculty RTP committee, which shall proceed in accordance with the procedures set out in the Faculty Handbook; and 2) if the complaint does not include any allegation of physical assault and/or quid pro quo harassment, the SHO shall refer the matter to the SHB for a preliminary hearing on possible sanctions, as described elsewhere in this policy; 3) or another form of sexual harassment for which a penalty of dismissal is sought.

7. Notices Under This Policy

Any notice which must or may be given to any individual under this policy shall be in writing, and may be either personally delivered or deposited in the United States mail, sent certified mail, postage-paid, and addressed to the recipient's last known address. Notices which are personally delivered shall be considered received when delivered. Notices which are sent by mail shall be considered to be received three business days after depositing in the mail, as shown by the sender's post office receipt.

Sexual Harassment Hearing

Procedures for hearings before the SHB shall be as provided in this section. Procedures for hearings before the RTP Committee, where applicable, shall be as provided in the Faculty Handbook, V. The SHO schedules all hearings, arranges for the presence of all witnesses, and notifies the president when a hearing has been scheduled. The chair of the SHB conducts the hearing. Witnesses may be called by the accused, the accuser, or the SHB.

The hearing is closed. Neither party shall be permitted to have an attorney present during the hearing, although attorneys may be present outside the hearing chambers and the board shall permit any party, within reason, to request a recess for the purpose of consulting with that party's attorney. The information disclosed during the hearing will be treated as confidential by the college except where disclosure is required by law.

Ordinarily, the hearing will begin no later than two weeks after the SHO completes his or her investigation, provided that this time may be extended for good cause (such as the absence or other unavailability of witnesses, parties, or SHB members, or other scheduling conflicts).

Both the accuser and the accused will be present during the hearing at all times. Witnesses will be allowed in the hearing room only for the purposes of giving their testimony and answering questions from the parties and the board members.

Once all testimony has been heard and the board has asked all its questions, the board will go into closed session for discussion. Once a decision has been reached by simple majority of those present, the board will present that decision in writing, to the accused, the accuser, and the president of the college as soon as possible, and in no event more than five business days after the hearing's conclusion. The decision will be guilty or not guilty as to each alleged incident of harassment. If the SHB issues a decision of guilty, it will also impose sanctions from the list of sanctions set forth in this policy.

A copy of the SHB's decision and sanctions will be kept by the SHO. If the case involves a faculty member, the record of the case will be kept separate from the RTP Committee file.

Sanctions

The following sanctions may be levied after a formal hearing:

o A personal apology in the presence of the SHO, a record of which will be kept in the SHO's files;
o A written warning from the SHB, a record of which will be kept in the SHO's files;
o A written reprimand from the SHB, a record of which will be kept in the SHO's files;
o Suspension of salary raises or change of job duties where appropriate;
o Probation;
o Loss of scholarship;
o Prohibition from holding office or participating in student activities, including sports;
o Banishment from college housing;
o Suspension for a maximum of 12 months, dismissal or expulsion.

If alcohol or drugs were involved in the incident, appropriate counseling may be recommended.

Notwithstanding the recommendation of the SHB, a penalty of dismissal, expulsion or suspension may be imposed by the president against a non-faculty individual who has been determined by the SHB to have engaged in: 1) a physical assault or quid pro quo harassment; or 2) repeated instances of other types of sexual harassment.

Appeals

Appeals from decisions of the RTP Committee, where applicable, shall be in accordance with the procedures set forth in the Faculty Handbook, V. Either party may appeal the decisions of the SHB, including sanctions, to the president of the college, who is the final authority. All appeals must be made in writing to the president within two weeks of receipt of the formal written decision of the SHB. Ordinarily, the president will respond with a decision within one week. Sanctions shall remain in effect pending the outcome of any appeal. While an appeal is pending, any suspension of a faculty member or other employee shall be with pay.

Double Jeopardy

No person may bring a second accusation of sexual harassment for the same incident if that incident resulted in a finding.

False Charges

No member of the college community may knowingly bring false charges or provide false testimony in any matter covered by this policy. If any member of the college community believes that another member of the community has knowingly brought a false charge or provided false testimony with malicious intent to injure another member of the community, that individual may file a formal complaint with the SHO within 120 days of learning of the false charge or testimony. The SHO shall conduct an investigation. If the SHO concludes that a false charge has probably been made and it is probable that a member of the college community knowingly brought a false charge or provided false testimony with a malicious intent to injure another member of the community, the SHO shall initiate a hearing before the SHB for a final determination. The procedures for such a hearing shall be identical to the procedures for a sexual harassment hearing, and the SHB shall have the authority to impose any sanction listed in this policy (provided that proceedings involving faculty members shall be subject to the same limits and procedures as those imposed on sexual harassment hearings). If the SHO concludes that it is improbable that false charges or false testimony have been knowingly brought or provided with a malicious intent to injure, the SHO shall report this finding in writing to the involved parties. When the case is concluded, all files involving both parties will be amended to reflect the decision and closed. The individual filing the charge may file a written appeal to the president of the college within fourteen calendar days of receiving the SHO's findings. Upon receiving such an appeal, the president may either deny the appeal or order a hearing. The president's decision on this matter shall be final and nonappealable.

All members of the community are cautioned that this section shall not be used as a tool to punish individuals who have filed a complaint in good faith, even if it is later determined through investigation or hearing that no sexual harassment occurred. In order to file a complaint under this section, the accuser must have credible evidence that the individual who brought the charge or provided the testimony knew it to be false at the time and intended to injure another member of the college community.

Retaliation

No member of the college community may retaliate in any way against another member of the college community for filing a complaint of sexual harassment or providing testimony pursuant to this policy. The only method of disciplining an individual who knowingly brings false charges or provides false testimony shall be the procedure outlined under the heading "False Charges" in this policy.

Any individual who believes that he or she has been retaliated against because the individual filed a complaint or provided testimony may file a formal or informal complaint of retaliation with the SHO within 120 calendar days of the alleged retaliatory action. Details about retaliation will be provided by the SHO. Such complaints shall be subject to all of the same procedures as complaints of sexual harassment.

No person may file a complaint of retaliation based upon a charge or complaint which is filed and processed pursuant to this policy (i.e., the act of filing a complaint under this policy cannot itself constitute retaliation).