Sexual harassment

SEC. 6C 10-004

I. EDUCATION

A. GENERAL STATEMENT

Sexual harassment undermines the integrity of the academic and work environment, and prevents its victims and their peers from achieving their full potential. All members of the university community are entitled to work and study in an atmosphere free from sexual overtures or innuendoes that are unsolicited and unwelcome. It is the particular responsibility of those who hold positions of authority to avoid actions that are or can be construed as inappropriate, sexually abusive, or unprofessional.

Florida Gulf Coast University's sexual harassment policy and procedures seek to ensure an environment that is free from sexual harassment. Such conduct is costly in human terms and seriously undermines the atmosphere of trust and respect that is essential to work and study for all members of the academic community.

All employees, students, and vendors must comply with both the spirit and intent of federal and state laws and regulations that relate to sexual harassment. The coverage of this policy extends to persons visiting the campus.

When resolution is not achieved within the local unit, university procedure is available. It should be clearly understood that the university will take action to prevent sexual harassment, including, if necessary, disciplining those individuals whose behavior violates university policy. Discipline may include, but is not limited to, oral or written reprimand, transfer, suspension, or dismissal.

It is expected that the deans, chairs, department heads, team leaders, directors and other supervisors will monitor and take corrective action whenever instances of sexual harassment are either observed or reported to them. While the decision regarding resolution normally remains within the unit, all allegations of sexual harassment are to be immediately reported to the Office of Equal Opportunity Programs, which will monitor, provide advice and take appropriate action as required by federal and state laws.

B. Definitions

Generally, there are two kinds of sexual harassment: "quid pro quo" and hostile environment. Quid pro quo is a Latin term meaning "this for that" and refers to sexual harassment involving threats, intimidation, or rewards. Hostile environment is the most common kind of sexual harassment. This occurs when a co-worker, supervisor, or anyone else with whom the employee comes into contact on the job, creates an abusive work environment or interferes with employees work performance because of the victim's gender. A hostile work environment is created by sexually offensive acts or conduct. Harassing behaviors can be physical, verbal, or non-verbal. Sexual harassment may occur among members of the same or opposite sex. Conduct, though not overtly sexual, which is directed solely at one gender may also constitute sexual harassment.

A. For the purpose of this procedure, sexual harassment is defined as conduct of a sexual nature which includes:

1. Verbal harassment or abuse of a sexual nature, including intimating a desire for sexual relations, or making jokes or remarks of a sexual nature.

2. Displaying or posting through any medium, offensive sexually suggestive pictures or materials in the workplace.

3. Use of sexually suggestive terms or gestures to describe a person's body, clothing, or sexual activities.

4. Unwelcome physical contact of a sexual nature such as patting, pinching, or unnecessary touching.

5. Overt or implied threats against an individual to induce him or her to provide sexual favors or to engage in an unwelcome sexual relationship.

1. Submission to such conduct is either explicitly or implicitly a term or condition of an individual's hire, employment, salary increase, position advancement, or other employment related benefits; or

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or

3. Such conduct has the purpose or effect of interfering with an individual's work performance, or creating an intimidating, hostile, or offensive working environment.

1. Submission to such conduct is made either explicitly or implicitly a term or condition of a student's academic achievement; or

2. Submission to or rejection of such conduct is used as a basis for decisions regarding the evaluation of a student's academic achievement; or

3. Such conduct has the purpose or effect of interfering with an individual's academic performance or creating an intimidating, hostile, or offensive academic environment.

C. INFORMATION DISSEMINATION

The Office of Human Resources will disseminate the University's Sexual Harassment policy to all employees of the University through the following means:

1. Each employee shall be furnished with a copy of the University's policy on sexual harassment and any changes of the policy. Reference to the policy may be found in the student and faculty handbooks and catalogues.

2. Employees shall have the opportunity to discuss and ask questions about the interpretation and application of the policy.

3. The University shall train administrators and supervisors in implementation of the policy.

II. PROCEDURES FOR REPORTING

A. HOW AND WHERE TO FILE

The Office of Equal Opportunity Programs shall administer the policies and procedures, answer all inquiries regarding the policies and procedures, and provide informal advice regarding issues of sexual harassment. The offices of Equal Opportunity, Academic Affairs, Human Resources, and a representative from student government shall each select a representative (including one faculty member) to provide informal advice on issues relating to sexual harassment.

B. INFORMAL COMPLAINTS

A complainant may elect to file an informal complaint with the Office of Equal Opportunity Programs and is not required to give his/her name at that time, nor the name of the alleged offender, if the complainant is only seeking advice.

1. The complaint must be made to the Office of Equal Opportunity Programs.

2. The Director of the Office of Equal Opportunity Programs, or his/her designee, shall consider the complaint and assist the complainant in formulating a plan for resolution.

3. The informal complaint shall be held in confidence as permitted in Section 119.07 (3) (q) of the Florida Statutes. A period of thirty (30) days shall be allowed to resolve informal complaints. Conciliation may be attempted.

4. Where the alleged victim chooses not to file a complaint and requests that records of the complaint remain confidential, all records relating to an allegation of employment discrimination are confidential and exempt from the provisions of subsection (1) and s.24(a), Art. I of the State Constitution.

5. If the problem is not satisfactorily resolved or if the complainant decides to bypass the informal procedure, he/she may then begin a formal complaint. Further information including at least the complainant's and offender's names will be required, however, in order to formulate a plan for solution or attempt conciliation.

C. FORMAL COMPLAINTS

1. A complaint must be made in writing to the Office of Equal Opportunity Programs. The complaint shall contain the name of the complainant and state the nature of the act(s) complained of, including such details as name of the alleged offender and the date(s) on which the offending act(s) occurred, the name(s) of any witnesses, and the desired resolution(s).

2. A complaint should be filed within sixty (60) days of the alleged act(s) of sexual harassment. This provision shall not limit the university in any way from initiating its own investigation and taking appropriate action warranted under the circumstances presented.

3. The Office of Equal Opportunity Programs shall investigate the complaint. The investigation may include, but shall not be limited to, interviewing the person against whom allegations have been made, and/or other persons who may have information relevant to the allegations, preparation of witness statements for all persons interviewed, and review of any relevant documents. Upon completion of the investigation, a report shall be prepared which includes a summary of the complaint, a description of the investigation, the findings, and recommendations.

4. Charges may also be filed with the Equal Opportunity Commission, the Florida Commission on Human Relations, the Lee County Division of Equal Opportunity, and/or the Office for Civil Rights, U.S. Department of Education.

D. CONCILIATION

The Office of Equal Opportunity Programs may attempt conciliation throughout the investigation of a complaint. If conciliation is not achieved, the Office of Equal Opportunity Programs shall continue to investigate the complaint, and shall issue a written finding concerning probable cause within sixty (60) days from date of filing. If conciliation of the complaint was achieved between the parties in cooperation with the Office of Equal Opportunity Programs, and the alleged offender fails to abide by the agreement or retaliates against the complainant, the complainant or supervisor shall notify the Office of Equal Opportunity Programs.

E. COMPLAINTS AGAINST STUDENTS

Complaints against students should be brought to the attention of the Dean of Student Services for appropriate action.

F. PROHIBITION OF RETALIATION

No university employee shall retaliate against a complainant. Reprisal against a student, employee, or applicant for initiating a complaint can form the basis of a separate complaint under Title VII regardless of the outcome of the initial complaint.

III. UNIVERSITY RESPONSIBILITIES/PROCEDURES

(APPLIED WHEN FORMAL COMPLAINTS ARE NOT RESOLVED)

A. Written notification of the allegation shall be given to both the complainant and the alleged offender at least ten (10) days prior to the hearing. The alleged offender shall be provided with written notice of the charge(s) against him/her in sufficient detail.

B. An investigation shall be conducted, under the guidance of the Office of Equal Opportunity Programs, on a confidential basis.

C. All hearings, deliberations, and results of hearings may be tape recorded and closed to the public to the extent allowed by applicable federal or state laws.

D. All relevant evidence (oral and written) will be reviewed and considered. Both the complainant and the alleged offender shall have the right to present his/her case. Both the complainant and alleged offender may be represented by legal counsel at their own expense.

E. When a committee is used, findings of the committee must be supported by the evidence presented. The decision will be forwarded to the Office of Equal Opportunity Programs.

F. Any applicant or employee who believes that he or she has not been treated in accordance with the University Equal Educational Employment Opportunity Policy may appeal to the University President.

IV. RESOLUTION

Upon final acceptance by the Office of Equal Opportunity Programs of the finding of discrimination, the following disciplinary action(s) may be taken:

1. Any university employee who is found to have sexually harassed a student, another employee, or an applicant for employment will be subject to disciplinary action up to and including dismissal. The level of punishment shall be guided by the seriousness of the offense. Consideration will also be given to the presence or absence of prior offenses, and the best judgement of the university.

2. Any student who engages in sexual harassment of an employee or another student may be subject to disciplinary action up to and including expulsion. The level of the punishment shall be determined by the Dean of Student Services.

Any employee with supervisory authority who fails to take corrective action or report a complaint or incident of sexual harassment shall be subject to discipline up to and including dismissal. The level of punishment shall be guided by the seriousness of the offense.

Sexual harassment is a type of misconduct which shall result in disciplinary action pursuant to University Rules 6C 105.016 and 6C 10-5.022 and the terms of any applicable collective bargaining agreement, or other corrective measures such as a requirement to undergo training or counseling.

V. APPEAL PROCEDURE

1. Either party may seek review of the findings by filing a written appeal within fourteen (14) days of receipt, with the Director of Equal Opportunity Programs. The appeal shall be based on one or more of the following grounds: relevant evidence was not reviewed; discovery of new evidence that was previously not available through exercise of reasonable diligence; or, the factual evidence was insufficient to support the findings.

2. Copies of the appeal shall be provided to the opposing party and to the Office of Equal Opportunity Programs.

3. The opposing party may file a response to the appeal within fourteen (14) days of the receipt of the appeal.

4. The Director of Equal Opportunity Programs shall issue a written finding no more than fourteen (14) days after the receipt of the appeal or of a response to the appeal, whichever is later.

VI. OTHER INFORMATION

A. FALSE CHARGES

An employee or student who knowingly files a false, frivolous or malicious complaint of sexual harassment or who knowingly provides false testimony shall be subject to discipline up to and including dismissal or expulsion. The level of the punishment shall be guided by the seriousness of the offense.

B. CONSENSUAL RELATIONSHIPS

Romantic and sexual relationships between faculty and students or supervisors and subordinates are generally inappropriate and should be discouraged. A person in a position of power over another has a professional responsibility which can be undermined by this type of relationship. The appearance of a conflict of interest may be created when issues of promotion, discipline, grades, etc. are involved. Other adverse consequences, such as sexual harassment charges may occur.

C. CONFIDENTIALITY

To the extent possible, the confidentiality of the complainant, alleged offender, and all those officially involved in the proceedings and/or investigation shall be preserved. The information shall remain confidential during the investigation and hearing process.

For information and informal advice pertaining to issues relating to sexual harassment, you may contact the offices of.

Dean of Student Services
Building #5, First Floor
Phone: 590-7900

Associate Vice President,
Academic Affairs
Library, Second Floor
Phone: 590-7011

Director,
Human Resources
Building #4, Second Floor
Phone: 590-1400

Formal complaints should be filed with:

Director of Equal Opportunity Programs,
Library
Second Floor, Room #228
Phone: 590-1022