SEXUAL HARASSMENT

Subject               SEXUAL HARASSMENT
Section               HR
Part                    Policy
Statement           22
Effective Date      3/21/01

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STATEMENT

Sexual harassment by any member of the University is a violation of law, University policy, and professional ethics and will not be tolerated at Fayetteville State University (FSU).  FSU reserves the right to investigate charges of sexual harassment as appropriate in accordance with state and federal laws and policies and procedures of the University of North Carolina and Fayetteville State University.

The University does not condone either sexual harassment or false charges of sexual harassment.  It is the policy of FSU to provide procedures to deal fairly with complaints of sexual harassment.  Every effort will be made to protect the rights of both the person making the complaint of sexual harassment and the person accused.

Sexual harassment, like on the basis of race, religion, or national origin is a form of prohibited discrimination.  Specifically, harassment of employees on basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964; harassment of student is a violation of Section 902 of Title IX of the Education Amendment Act of 1972.  FSU's policy is consistent with all federal and state regulations.

Accordingly, no academic or personnel decisions, such as awarding of grades or jobs, shall be made on the basis of granting of granting or denial of sexual favors.  For purposes of this policy, Fayetteville State University subscribes to the following Equal Employment Opportunity Commission (EEOC) definition of sexual harassment:

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

    1.    submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic or student status, or 

    2.    submission to or rejection of such conduct by an individual is used as the basis for employment, academic or other institutional decisions affecting such individual, or

    3.    such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, academic activities or student experience, or creating an intimidating, hostile or offensive working, academic or student life environment.

Sexual harassment often occurs in situations in which one person has power or authority over another (teacher-student, supervisor-staff, administrator-faculty).  It can also occur among peers (student-student, staff-staff. faculty-faculty, etc.).  Sexual harassment may involve members of the opposite sex or members of the same sex.

DEFINITIONS

As used in this policy the terms defined in this section shall have the following meaning:

    1.    "Academic unit" is defined as the School of Business and Economics, College of Art and Sciences, School of Education, and Graduate Studies.

    2.    "Complainant" is defined as the person making the sexual harassment complaint.

    3.    "Corrective Action for Faculty/Staff" may include, but not limited to, one or more of the following: oral or written warnings, reprimands, required participation in counseling. reduction in rank, probation, suspension, or dismissal/discharge.

    4.    "Corrective Action for Students" may include any sanctions listed in the FSU Student Conduct Code.

    5.    "Member of the University" is defined as all FSU faculty, administrators, students and staff (full or part-time, paid or voluntary).

    6.    "Subject" is defined as the person against whom the complaint is made.

    7.    "University official" shall be defined as either the Athletic Director, Dean, Vice Chancellor or Chancellor.

SEXUAL HARASSMENT MEDIATORS

Employees, students or faculty members who believe themselves to be victims of sexual harassment, or who are unsure of whether sexual harassment has occurred, or who need clarification concerning the University's procedure for handling sexual harassment complaints, should consult a University Sexual Harassment Mediator in their school, college or unit.  A list of mediators is available in the University Legal Counsel's Office.  The Mediators will be selected by the Dean of the appropriate school or college, the Vice-Chancellors of the appropriate division and the Director of Athletics.  The University Legal Counsel will be responsible for the training and supervision of the mediators.

COMPLAINT PROCEDURES

STEP 1:    CONSULTATION
The complainant should first consult with a mediator if he/she feels that they have been the victim of sexual harassment.  The mediator shall listen to the complaint and assist the complainant in clarifying the experience without making judgments regarding the guilt or innocence of the subject.  The mediator shall keep the consultation confidential unless requested to do otherwise by the complainant.
The mediator shall advise the complainant of the process involved in filing a sexual harassment complaint.  Those steps are as follows:
Step 1    Consultation with a Mediator
Step 2    Informal Conference with the Mediator, Subject and/or Complainant
Step 3    Formal Conference with University Official
Step 4    Appeal Process
At any time in the process, the complainant may voluntarily withdraw his/her complaint.

STEP 2:    INFORMAL CONFERENCE
If the complainant agrees, the mediator shall invite the subject to discuss the matter with the mediator and/or complainant at an informal conference.  The mediator shall assist the parties in their attempt to resolve the conflict.  The results of the informal conference shall be filed in a confidential written report with the University Legal Counsel.

If the complainant indicates his/her intention to pursue the charge further, the mediator shall conduct a prompt and thorough investigation of the allegation while maintaining the confidentially of both parties.  The result of the investigation shall be filed in a confidential written report with the University Legal Counsel.  This confidential report shall not be placed in the subject's personnel file.  The results of the mediator's investigation may be reviewed by a University official conducting a formal conference.

STEP 3:    FORMAL CONFERENCE
If the mediator is unable to assist the parties in settling their differences, the complainant may request that a formal conference be held with the mediator, subject, complainant and one of the following University officials:
        (1)     the Athletic Director (or designee) if the subject is a coach or an assistant coach;
        (2)     the Vice-Chancellor for Student Affairs (or designee) if the subject is a student:
        (3)     the Dean, if the subject is a faculty member or a non-faculty employee in an academic unit.
        (4)     the Vice Chancellor (or designee) in charge of subject's unit if the subject is employed in a non-academic unit;
        (5)     the Vice Chancellor for Academic Affairs (or designee) if the subject is a Dean; or,
        (6)     the Chancellor (or designee) if the subject reports directly to the Chancellor.

Such request must be made in writing and be addressed to the Chancellor, Athletic Director or the respective Dean or Vice Chancellor.  The conference shall be scheduled by the University official within ten (10) working days of the written request.

After the conference has been held, a written report to the Chancellor shall be rendered within ten (10) working days.  Copies of the report are to be sent to both the subject and complainant.  The report shall state either that the complaint was without merit and should be dismissed or that the complaint had merit.  If it is found that there is merit to the complaint, the report shall include a recommendation for specific action that should be taken.

The results of the formal conference shall be filed in writing with the University Legal Counsel.  Included shall be: 
(a)    a summary of the allegation(s) and the subject's response,
(b)    a summary of the facts and results of any investigation conducted by the University official,
(c)    information on any witnesses who may have been interviewed, and
(d)     any other information deemed relevant.  This information shall be kept confidential.

The Chancellor shall issue his decision within fifteen (15) working days of the receipt of the University official's recommendation.  Decisions of the Chancellor that impose serious sanctions on or result in discharge of a faculty member shall be made in accordance with the FSU Tenure Policies and regulations.  Decisions that impose serious sanctions on or result in a discharge of a non-faculty member shall be made in accordance with the related grievance procedures.  For students, such a decision may include any sanctions listed in the FSU Student Conduct Code (see FSU Student Handbook).

STEP 4    APPEAL PROCESS

Subject's appeal process shall be in accordance with the appropriate faculty, staff grievance procedures.

Complainant's appeal shall be to the FSU Board of Trustees.  Complainant should submit such notice through the Chancellor to the Board of Trustees within ten (10) working days after receipt of the Chancellor's decision.

FAYETTEVILLE STATE UNIVERSITY
SEXUAL HARASSMENT MEDIATORS

ACADEMIC UNITS
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ADMINISTRATIVE DIVISIONS
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Members of the campus community may contact either the mediator assigned to your unit or a mediator with whom you are comfortable.

A copy of the University's Sexual Harassment Policy may be obtained from either a mediator, the Division of Student Affairs, the Human Resources Office or the Legal Counsel's Office.

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