Administrative Offices
Section 3.2 Harassment: Sexual & Discriminatory
Last Updated: 08/2007
Applies to: Administrators, Faculty, Staff, Student Workers
Related Policies: Consensual Relationships, Performance Management, Complaints & Problem Solving, Equal Employment Opportunity, Positive Work Enviroment.
POLICY
Bethel College believes in the intrinsic value of all human beings. Moreover, it is committed to the full, peaceable participation of all its members in the educational endeavor it fosters. Accordingly, the College prohibits discrimination and/or harassment including sexual harassment by all administrators, faculty, staff, and students.
The College does not discriminate against any qualified individual on the basis of race, age, gender, disability, and national or ethnic origin in access to or participation in its education programs, activities, or employment. It is Bethel College’s policy to provide an environment free from discrimination in all of its forms including discriminatory harassment and sexual harassment. As a College of the Missionary Church, Bethel expects that all of it’s employees, including faculty, administrators, staff student workers and students will be committed to the College’s ‘Covenant of Lifestyle.’
Definitions
Discriminatory Harassment
Prohibited harassment occurs when verbal or physical conduct defames or shows hostility toward an individual because of his or her race, religion, gender, national origin, age or disability, or that of the individual’s relatives, friends, or associates; creates or intends to create an intimidating, or hostile, or offensive working environment; interferes or is intended to interfere with an individual’s work performance; or otherwise adversely affects an individual’s employment or educational opportunities. Harassing conduct includes but is not limited to:
- Epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts which relate to race, color, gender, national origin, age or disability.
- Written or graphic material that defames or shows hostility or aversion toward an individual or group because of race, color, gender, national origin, age or disability and that is placed on walls, bulletin boards, or elsewhere on the College’s premises, or that is circulated in the workplace.
Sexual Harassment
The determination of what constitutes sexual harassment will vary with the particular circumstances, but may be described generally as: unwelcome sexual advances; and other verbal or physical conduct of a sexual nature when:
- Such conduct is either explicitly or implicitly a term or condition of education, employment, or participation in other College activities.
- Such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting that individual.
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive College environment.
Duty of All Employees to Report Harassment
To assist Bethel College in preventing discriminatory and sexual harassment, all members of the College community have a duty to report the harassment of others. The duties in this section apply to all employees at Bethel College who have received reports of, who have witnessed, or who otherwise have knowledge of conduct that could be in violation of this policy
Procedures
Administration of Policy
Reporting- Any incident of discriminatory or sexual harassment should be reported to the supervisor who should report the incident immediately to the Office of Human Resources. The prompt reporting of harassment is key to the College’s ability to eliminate such conduct on campus.
To ensure accurate communication of the allegations, individuals reporting harassment are encouraged to submit a written account of the harassment using the College’s Incident/Conduct Complaint Form. In no case, however, should this suggestion stand in the way of making a report. No retaliation or discrimination against the complainant will result from any good-faith complaint made under this policy. Under the terms of this policy, victims of harassment may seek informal or formal resolution as outlined below:Informal Resolution
Informal resolution may be appropriate if the conduct is of an isolated nature such as one-time incidents of inappropriate conduct. Examples include, but are not limited to, innuendo, joking, comments, display or distribution of drawings or pictures that are discriminatory or sexual in nature. Such individuals will be appropriately counseled by their supervisor, or alternatively by the Human Resource Director.
If the matter is resolved, a written summary of the matter will be generated by the Office of Human Resources. The purpose of this summary is twofold: (1) to ensure that the college is aware of future repeat incidents by the same alleged harasser, and (2) for recordkeeping purposes so that the College can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate file. However, discipline or other documentation issued to the harasser (if any) as part of the informal resolution may be kept in that person’s appropriate personnel file.
Incidents that are not able to be resolved informally, that are not resolved to the satisfaction of the complainant, or that are more serious or pervasive will result in a formal report process, regardless of whether the individual reporting the harassment requests or desires a formal resolution.
Formal Resolution
Any formal report of harassment will be examined. This will initially involve interviews with the complainant and alleged harasser. The alleged harasser will be informed of the allegations and will be afforded a full opportunity to respond to the allegations. If the complainant and alleged harasser’s testimonies are inconsistent with one another an investigation will proceed with additional interviews and/or written statements with any witnesses who may be able to provide pertinent information about the facts of the case and with an examination of any other evidence that may be obtainable. The conclusion will be communicated in writing to the complainant and the alleged harasser. The results may fall into two categories.
- Unfounded- If the complaint is determined to be without merit, the complaint will be regarded as resolved and all reasonable steps will be taken to restore the reputation of the alleged harasser if it was damaged by the proceeding. A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to the full range of the College’s disciplinary procedures from official reprimand to dismissal.
- Founded- If there is sufficient evidence to conclude that the alleged harasser violated the Harassment Policy, the appropriate administrator in conjunction with the Office of Human Resources will take appropriate action including but not limited to, educating the individual about harassment, and/or corrective action, such as, mandatory referral to counseling, verbal or written reprimands, suspension or termination.
- Records- The lead examiner shall prepare a comprehensive written report of the procedures, findings and conclusions which will be kept in a separate file in the Office of Human Resources. However, discipline or other documentation issued to the alleged harasser as part of the resolution will be kept in that person’s personnel file.
- Harassment by students toward Employees- Any incident of harassment by an undergraduate or graduate student toward any faculty member, employee or other student that the reporting party cannot or does not desire to resolve informally should be promptly reported to the Vice President of Student Development and is subject to the procedures of the student disciplinary policy.
- Confidentiality- All persons involved in any aspect of a harassment allegation shall treat the matter as strictly confidential. The College will disclose information retarding a harassment report only as required by law and as necessary to meet is legal obligation to investigate allegations of harassment and to take action to end the harassment.
- Retaliation- Any attempt by any employee or student of the College to penalize, intimidate, or retaliate in any way against a person who makes a report of or who is otherwise involved in an informal or formal harassment report is completely prohibited. The College will treat retaliation as a separate incident subject to appropriate discipline.