Former language for Sexual Harassment Policy

From previously authorized Faculty Handbook text. Replaced on Faculty Handbook Website March 9, 2005

Statement of Policy

Columbia College Chicago is committed to maintaining work and academic environments which foster appropriate conduct among employees, students, and guests, along with respect for individual values and sensibilities.  Accordingly, Columbia College Chicago recognizes the right of every employee, student, and guest to be free from sexual harassment.  It is against Columbia’s polity for any male or female Columbia employee, student, or guest to sexually harass another Columbia employee, student, or guest.  As evidence of the importance of this matter to the quality of life at the College, a single incident of sexual harassment may result in disciplinary action, including reassignment or termination of employment or, for students, dismissal.

Definition

Sexual harassment, for the purposes of this policy, and in accordance with federal, state and local laws, consists of:

  • Sexual contact of any nature which is not freely and mutually agreeable to both parties;
  • Communications of a sexual nature, whether physical, verbal, written, of pictorial which are made for the purpose of threatening, intimidating, or humiliating the person who is the object of such communications;
  • Solicitation of sexual contact of any nature when submission to, or rejection of such contact implicitly, or explicitly imposes adverse or favorable terms on conditions of employment or academic standing; or
  • Unwelcome sexual advances, requests for sexual favors, other verbal, non-verbal, pictorial, or physical acts of a sexual or sex-based nature where:
    • Submission to such conduct is made implicitly or explicitly a term or condition of an individual’s employment or academic standing; or
    • An employment or academic decision affecting an employee or student is based on that individual’s acceptance or rejection of such conduct; or
    • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, creating an intimidating, hostile, or offensive working or learning environment, or otherwise adversely affects an individual’s employment or academic opportunities.

Sexual harassment can occur between men and women, or members of the same gender.  This behavior is unacceptable in the work or learning place itself and in other work or school-related settings, such as performance events, conferences, and College-related social events.

Retaliation

It is a violation of the College’s policy to retaliate in any way against anyone who has complained about sexual harassment, whether the complaint concerns harassment of the individual making the complaint, or the harassment of another individual.

Prohibited Conduct

Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressure for sexual activity or contact to physical contact.  At times the offender may be unaware that his/her conduct is offensive or harassing to others.  Examples of conduct which could be considered sexual harassment include:

  • Persistent or repeated unwelcome flirting, requests for dates, sexual comments or touching;
  • Any unwelcome touching of a sexual nature;
  • Sexually suggestive jokes, gestures, or sounds directed toward another, or sexually oriented or degrading comments about another;
  • Preferential treatment of an employee or student, of a promise of preferential treatment to an employee or student, in exchange for dates of sexual conduct; or the denial or threat of denial of employment, enrollment, funding, benefits, good grades, or advancement for refusal to consent to sexual advances;
  • The open display of sexually oriented pictures, posters, or other material offensive to others;
  • Retaliation against an individual for reporting or complaining about sexually harassing conduct.

The previously listed conduct is intended to serve as examples only and should not be construed as limiting the types of behavior which may constitute sexual harassment.

Complaint Process

Although direct confrontation of an alleged harasser by the person or persons affected by the harassment is not required, Columbia College Chicago encourages individuals who believe they have been the victims of harassment to firmly and promptly notify the offender that his/her behavior is or was unwelcome.  The College also encourages individuals to pursue informal methods for correcting the offensive conduct, such as seeking the intervention of a department Chairperson, faculty member, supervisor, or one of the individuals listed below.

Nevertheless, regardless of whether informal methods have been pursued, an individual who believes that he/she has been sexually harassed may bring a formal complaint, as follows:

  • Reporting the Incident

    Any employee, student or guest of Columbia College Chicago who believes that he/she has been sexually harassed is urged to report the incident(s) to one of the following individuals:

    Director of Human Services
    Equity Issues Officer
    Dean of the appropriate School
    Director of Residence Life
    Provost

    The report may be made initially either orally or in writing.  Reports made orally must be reduced to writing and signed by the person who is complaining before an investigation will be initiated.  An oral report may be written and prepared for signature by the person reporting the incident, or the person receiving the report.  Reports should be made as soon as practicable, but not later than 300 days after the incident.

    The Provost may initiate an investigation based on the Provost’s own written report.

  • Investigation of Complaint

    After the report has been signed, the complainant, or one of the individuals designated above, shall submit it to the Provost for commencement of the investigation.  The Provost shall initiate the investigation process as soon as practicable after receipt of the written report by appointing a committee as provided below:

    - If the complainant and the accused are Columbia staff employees (non-faculty), or students, the Provost shall appoint a committee of two full-time staff and one full-time faculty member.

    - If the complainant or the accused is a Columbia faculty member, the Provost shall appoint a committee of two full-time faculty and one full-time staff.

    For any committee, two of the committee members shall be of the same gender as the complainant.

    The committee shall determine the facts of the complaint.  The investigation shall include hearing the sworn testimony of the person who made the initial report, the person(s) reported to have committed the harassment, and any other person who may have information regarding the reported incident.  The committee shall complete its investigation as soon as practicable.

    At any time during the pendency of the investigation and review process, the Provost may, as he/she deems appropriate, suspend, modify or transfer with or without pay, any of the duties, privileges or obligations of any involved person.

  • Report by Committee

    After completion of its investigation, the committee shall submit to the Provost a dated written report containing a description of its investigation, its faculty findings, and a finding as to whether sexual harassment occurred.  The committee shall also recommend a resolution and/or appropriate disciplinary action to the Provost.  The complainant and accused shall be permitted to review the report.  The committee shall issue its report within 45 days after the completion of its investigation.

  • Review and Determination by Provost

    Upon review of the committee’s report, the Provost shall decide what, if any, disciplinary or other action should be taken, based on the determination of the facts by and the recommendation(s) from the committee.  The College has the right to apply any sanction or combination of sanctions, up to and including termination of employment or business relationship, dismissal from the College, or prohibition of entry to College property or events, to redress the violative conduct.

    Within a reasonable time following the Provost’s receipt of the committee’s written report, the Provost shall, in writing, either:

    - Adopt the committee’s report, including its recommendation for sanctions or disciplinary action;

    - Adopt the committee’s findings and modify or change the recommended sanctions or disciplinary action; or

    - Return the matter to the committee for additional investigation or reconsideration, and resubmission to the Provost.  After the committee has submitted its report to the Provost, and the Provost has not returned the matter to the committee, the Provost shall issue a dated written decision stating the resolution of the complaint.  This written report shall be delivered to the President of the College, the committee, the complainant, and the alleged harasser.

  • Reconsideration and Appeal of the Provost’s Decision

    The alleged harasser, or the aggrieved individual, or both, may seek reconsideration of the Provost’s decision, or appeal the Provost’s decision to the President.  If within ten (10) days a request for reconsideration or appeal is not made from the Provost’s decision, then upon the expiration of the time within which to request reconsideration or appeal, the Provost’s decision shall become final and not subject to review, appeal, or reconsideration.

  • Reconsideration of the Provost’s Decision

    Within ten (10) business days of receipt of the Provost’s decision, the complainant, or the alleged harasser may submit a written request for reconsideration, including all supporting facts and arguments, to the Provost.  The Provost shall review the request for reconsideration within fifteen (15) business days of receipt of the request.  At the end of that period, the Provost shall issue a dated written Decision Upon Reconsideration which either affirms the decision, revises the decision, or returns the matter to the original committee for reconsideration in accordance with his/her written recommendations.

  • Appeal of the Provost’s Decision

    Within ten (10) days of receipt of the Provost’s decision, or Decision Upon Reconsideration, the complainant, or the alleged harasser may appeal the decision to the President of the College.  The appeal shall be written and shall include all supporting facts and arguments.  The President shall submit a copy of the appeal to the Provost who shall have ten (10) business days to submit a written response to the appeal to the President. Within ten (10) days following the President’s receipt of the Provost’s written response, the President shall issue a written decision.  The President’s Decision shall be final and not subject to review, appeal, or reconsideration.

  • Time for Reporting Complaint

    The College recommends that victims of harassment promptly report complaints.  The sooner an incident is reported, the easier it will be for the College to investigate the redress the problem.  Nevertheless, due to the “sensitive nature” of these problems, and the emotional toll such misconduct may have on an individual, the College has established a 300 day deadline in which to file a complaint.

  • Records, Confidentiality

    The College, the complainant, and the accused shall make every effort to keep all matters related to the investigation and decisions confidential.  In the event of a lawsuit, however, records maintained by the College, the complainant, or other related parties may be subject to disclosure.

    General Matters

    The College recommends the following to any member of its community who believes he/she has encountered sexual harassment:

    • In circumstances where you believe you will not jeopardize your personal safety, job, or academic status, communicate clearly to the offender that the behavior is not humorous or welcome, and should cease immediately.
    • Keep a written record of what happened, including when and where the events occurred and the names of any witnesses.
    • Report the incident(s) in accordance with these procedures.

    *Columbia College Chicago is committed to a work and learning environment that is free form sexual harassment.  Guests of the College, including but not limited to invited guest speakers, performers, exhibitors, students and family members or friends visiting the College, high school teachers or guidance counselors attending meetings at the College, prospective students and/or employees, and sales or service personnel are expected to adhere to the College’s policy regarding sexual harassment.  A complaint of sexual harassment involving a guest of the College may be brought to the Provost who will evaluate the complaint and recommend appropriate action.

    ** In the event the Provost is the alleged harasser or object of harassment, then the Associate Provost shall perform all duties ascribed to the Provost within this policy.