095.1 Sexual Harassment

095.1 Sexual Harassment

A. Background

Furman University believes that all employees and students have the right to work and study in an environment free from all forms of adverse discrimination, including sexual harassment.

B. Policy

Furman University will not tolerate any conduct (verbal or physical) that constitutes sexual harassment by any administrator, faculty member, staff member, or student.

C. Guidelines

1. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other behavior of a sexual nature where: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual's employment or education; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's professional or academic performance or of creating an intimidating, hostile, or demeaning employment or educational environment. Sexual harassment does not refer to behavior acceptable to both parties. All persons who commit acts of sexual harassment will be subject to discipline up to and including expulsion for students and discharge for faculty/staff. Anyone who submits a good faith complaint, either informally or formally, will be protected from retaliation. Anyone who willfully makes accusations that are proven to be false will be subject to appropriate disciplinary action consistent with current university policies and procedures.

Students who believe they have been harassed should refer to the procedures listed in the Administrative Policies section of the current Helmsman. Student complaints involving faculty or staff behavior will be handled using procedures modeled on the Faculty Grievance Procedures (File 153.1) or the Employee Grievance and Appeals Policy (File 833.1), as appropriate. These procedures are delineated in the Helmsman and in supporting documents available from the Affirmative Action Officer/Director of Personnel. Any future changes in Files 153.1 and 833.1 shall be incorporated into the pertinent statements in the sexual harassment policy presented in the Helmsman. No changes in that Helmsman policy shall be established which contravene those grievance procedures, with the exception of those matters relating to the time limitations imposed on reporting any initial complaints.

Faculty/staff members who believe they have been harassed should:

1.Tell (or write) the person that the behavior is considered offensive and ask the person to stop the behavior; or, if reluctant to speak (or write) directly to the person, consult with the Affirmative Action Officer/Director of Personnel, the Chaplains, the immediate supervisor/department chair of the accused person or the Vice President for Academic Affairs and Dean for advice or action. The faculty member or administrator will assist the complainant by recommending a method of communicating with the person involved or by referring the complainant to the Affirmative Action Officer or the Vice President for Academic Affairs and Dean. All information will be kept as confidential as possible.

2. If the behavior in question does not cease, the faculty or staff member should report the matter to (a) the immediate supervisor/department chair of the accused person or the Vice President for Academic Affairs and Dean, and (b) the Affirmative Action Officer/Director of Personnel for action.

3. If the sexual harassment cannot be stopped through informal discussion, the complainant should initiate a formal grievance by providing a written statement of the behavior. This will require that the complainant be identified to the accused person and that a formal investigation take place. Employees will follow the steps in the employee grievance and appeals policy (File 833.1) or faculty grievance procedures (File 153.1). Documentation of all faculty/staff complaints (informal and formal) will be kept in a confidential file by the Affirmative Action Officer.

Documentation will include: complaint received, investigation/follow-up steps taken, and indication that reasonable action was taken in response to a complaint, without wrongly accusing an innocent employee. Before any of the documentation on file regarding complaints is used to make any decision, the faculty or staff member involved will have a chance to respond through the faculty grievance procedure (File 153.1). If not used as part of formal procedures, informal complaints must be purged from the file after twelve (12) months.

 ...........................