Appendix E

SEXUAL HARASSMENT POLICY

Centenary College seeks to cultivate a spirit of community in which each individual may participate without fear of intimidation. The College does not tolerate discrimination in any form.* All employees and students are expected to avoid any action or conduct which might be construed as sexual harassment. Sexual harassment is defined as follows:

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a requirement of employment or participation in an academic program or activity, (2) submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working, academic or campus environment.

Any faculty member’s behavior deemed to be sexual harassment may be reported directly to the aggrieved party's supervisor (the aggrieved party’s department chair or to the Provost). (Hereafter, the individual who receives the information from the complainant will be referred to as the facilitator.) After consultation with the facilitator, the matter of alleged harassment may be pursued further following the sequence outlined below. However, upon the request of the complainant, this process may be terminated at any step. A fair process shall be observed in which the rights of both the complainant and the accused are respected. The investigation of the complaint will proceed as follows:

1. To encourage that the issue be resolved informally, the facilitator may attempt to mediate between the complainant and the accused using whatever steps she or he deems appropriate that are acceptable to both the accused and the accuser.

2. Should the complaint not be resolved informally, the complainant may formalize the complaint; a written and signed complaint should be filed with the appropriate official within one (1) calendar year from the initial report as follows:

a. If the accused is a faculty member, the complaint shall be filed with the Provost who shall forward the complaint to the Faculty Personnel Council. Should the accused or the accuser be a member of the Faculty Personnel Council, s/he shall recuse him/herself from the adjudication process.

b. If the accused is a staff member, cabinet member (except the Provost), student, or the President, the Provost will assist the faculty-complainant in filing the complaint according to the guidelines of the Personnel Policy Manual and/or the Student Handbook. If the accused or the accuser is the Provost, the President shall assist the faculty-complainant in filing the complaint according to the Personnel Policy Manual.

c. The Faculty Personnel Council shall conduct an inquiry, calling witnesses and gathering information as deemed appropriate. All parties in the complaint will be required to appear before the Council. At the conclusion of their inquiry, the Council will communicate a determination in writing to both parties and to the facilitator. In consequence of a request by any party, the Council will provide a summary of the basis for their determination.

d. Should the Council rule against the accused and/or recommend any action they will communicate their recommendation to the Provost (or President if the accused is the Provost), who will affirm or deny the judgment and/or the recommendation and will issue a statement of the decision to the Council and to all parties in the complaint. A recommendation of remedial action may include, but is not limited to, the following: no action taken, a warning, documentation in the individual's permanent personnel record, or dismissal of the employee.

e. Should the Council dismiss the charges, they will communicate their recommendation to the Provost (or President if the accused is the Provost), who will affirm or deny the judgment and will communicate the decision to the Council and to all parties in the complaint. A statement of dismissal of charges will be issued to all parties involved.

f. All paperwork associated with investigation and resolution of the complaint shall be maintained in a confidential file in the Office of the President for the duration of the employment of the accused and accuser and one additional year.

g. Decisions may be appealed to the Appeals Committee.

*Harassment on the basis of sex is a violation of Section 703 or Title VII of the Civil Rights Act of 1964.