Unlawful Harassment Policy (Provisional)

A. Introduction

Whitman College is committed to providing the best possible environment for carrying out its educational mission. An essential component of this environment is an atmosphere in which all members of the College community have an equal opportunity to work, to learn and to grow; and the College therefore condemns any conduct, overt or covert, which interferes with the ability of any individual or group to pursue these tasks. The College condemns any conduct by members of the College community which results in the abuse, harassment, or intimidation of other members of this community.

Because students are in many ways the most vulnerable members of our community, the College is especially concerned to protect the safety, self-respect, and autonomy of its students. At the same time, any member of the College community (faculty, staff, or student) who is threatened by unlawful harassment is liable to be harmed in mind, body or performance, and anyone who engages in such harassment is violating the College's ethical standards.

B. Unlawful Harassment

Unlawful harassment includes harassment based on race, color, sex, gender, religion, age, marital status, national origin, disability, veteran's status, sexual orientation, gender identity, or any other basis made unlawful by any applicable law, ordinance, or regulation. Sexual harassment is a form of unlawful harassment.

C. Definition of Sexual Harassment

We have adopted the Equal Employment Opportunity Commission (EEOC) definition of sexual harassment, with a few modifications appropriate to an academic environment. According to this definition sexual harassment includes:

Unwelcome verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual's academic or work performance or creating an intimidating, hostile, or offensive academic or work environment.

In this context, sexual harassment occurs when unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature are made either explicitly or implicitly a term or condition of an individual's education or employment or when submission to or rejection of such conduct by an individual(s) is used as a basis for employment or educational decisions.

Sexual harassment may also include a category of behavior frequently called "gender harassment." These behaviors include irrelevant or clearly stereotyped comments, references, gestures, or other ways of calling attention to the gender or sexual preference of individuals or groups which may reasonably be interpreted as denigratory and have evidently nothing to do with the current business of the academic setting.

In determining whether specific conduct constitutes sexual harassment the totality of the circumstances, the nature of the actions, and the context in which the alleged incidents occurred must be investigated and considered. To further clarify, the following is a list (not necessarily comprehensive) of representative types of actions that, given the right set of circumstances, meet the EEOC guidelines and would be considered forms of sexual harassment by Whitman College.

Sexual comments

Sexual remarks or sexual innuendo about the female/male mind or anatomy which are unrelated to the teaching process or other proper and current college activities. Sexual innuendo.

Undue attention

Uninvited flirtation; or uninvited letters, telephone calls, etc. of a sexual nature; or gifts that continue to be received after the individual is made aware that the contacts are unwanted. (See Note below.)

Visual sexual displays

Sexually explicit or suggestive materials in the classroom, workplace, or other public places, including "pinups" or sexually degrading posters or cartoons, which are unrelated to the teaching process or other proper and current college activities.

Body language

Sexual gestures or sexually suggestive looks (e.g., constant leering or ogling) that continue after the individual is made aware that the behavior is unwanted. (See Note below.)

Physical advances

Unwelcome and deliberate touching of another person's body. Provocative touching (in inappropriate circumstances) that does not stop when the individual is made aware that the behavior is unwanted. (See Note below.)

Sexual bribery

Demands for or offers of sexual favors in return for grades, hiring, promotion, increases in salary, tenure. Sexual invitations which include or strongly imply rewards for complying and/or threats of punishment for refusing.

Invitations

Invitations for dates or sexual encounters (even with no quid pro quo implied or stated) which do not stop when the response is negative. (See Note below.)

(Note: In most cases, sexual harassment occurs when the individual refuses to take "No" for an answer. However, the ability of the victim to say "No" may be limited by several factors, such as socialization, the relative power imbalance between the individuals, or the effect of intoxicants. In short, not saying "No" does not necessarily mean "Yes." Some cases, like sexual bribery, are unacceptable in all situations.)

In determining whether specific conduct constitutes sexual harassment, the totality of the circumstances, the nature of the harassment and the context in which the alleged incidents occurred must be investigated and considered.

D. Administration

Complaints against faculty or staff members will be resolved according to the procedures set forth below. Complaints against students will be resolved according to the Student Disciplinary Procedures in the Student Handbook. Complaints concerning sexual misconduct, including sexual harassment, between students will be resolved according to the Student Sexual Misconduct Policy in the Faculty Code and The Student Handbook.

The following personnel shall be charged with administering the college policy on unlawful harassment:

1. Interpersonal Relations Officer

  1. The College President shall designate an Interpersonal Relations Officer (IRO) who shall be a member of the College staff or faculty.
  2. The College shall provide training opportunities for the IRO annually.
  3. The IRO shall, with the three members of the College Council on Interpersonal Relations (CCIR), be available to consult with complainants within the Informal Procedure as outlined in this document.
  4. The IRO shall represent the College in the Formal and the Appeal Procedures.
  5. The IRO shall serve as an ex-officio member of the CCIR.
  6. The IRO shall file all written documents and administer the security of all past and present documents related to Informal, Formal and Appeal procedures.

2. College Council on Interpersonal Relations

  1. The CCIR shall consist of three members appointed by the College President: one from the Student Services staff, one from the Faculty and one from the Administrative Staff. These shall be persons known to have the trust of their constituencies and shall be chosen for their sensitivity and discretion. The composition of the CCIR shall be mixed in gender.
  2. Members of the CCIR shall be appointed for staggered three-year terms and may be reappointed to successive terms.
  3. The IRO shall be an ex-officio member of the CCIR and shall provide training for the CCIR annually.
  4. Each member of the CCIR, together with the IRO, shall be available to consult with complainants within the Informal Procedure as outlined in this procedure.
  5. When necessary and appropriate, a CCIR member involved in an Informal Procedure may, with the permission of the complainant, consult with the IRO.
  6. The CCIR shall facilitate and review an educational program annually, informing members of the College community about the definitions and interpretations of unlawful harassment and about procedures for initiating complaints, informal and formal processes and appeals.
  7. The CCIR shall review this document periodically in consultation with the appropriate College personnel.
  8. The names of the IRO and the members of the CCIR will be widely published: listed in student handbooks and in memoranda to faculty, administrative staff; included in orientation programs for faculty, students, and administrative staff; and made known in other appropriate ways.

E. Procedures in Cases of Unlawful Harassment

  1. Complaints may be brought by any member of the Whitman community. Alumni, former students, and former employees are considered members of the Whitman community for this purpose. It is recognized that some individuals will not feel that it is safe to talk about their experiences with harassment until they are no longer in vulnerable position. Complaints will not be pursued when more than three years have elapsed following the alleged incident.
  2. At any point during the informal or formal proceedings any of the parties involved may choose to be accompanied by an adviser. This person must be a member of the Whitman community. All parties are free to consult with an attorney, if they choose to do so, but the College's investigations, disciplinary hearings, and appeal processes are not legal proceedings and attorneys may not be present or participate.
  3. This code prohibits retaliation by the accused against individuals who have filed complaints of unlawful harassment, even if insufficient evidence is found to support the complaint. Reprisals will be prosecuted vigorously.
  4. At the same time, it should be understood that false accusations, whether malicious or fanciful, have serious far-reaching effects. A deliberate false accusation will be regarded as a very serious matter subject to severe disciplinary action.
  5. In those cases in which the IRO believes that there may be a threat of serious physical or mental danger to the complainant or to others, he or she shall consult with the relevant Dean or Budget Officer and with the President immediately. In such a situation the President has the authority to suspend the individual immediately (with pay, if the accused is an employee) until the matter has been investigated and resolved.
  6. If the IRO becomes aware of multiple reports of harassment involving a specific individual, the IRO may undertake an investigation even if he or she has not been approached by a complainant. In such a case, the IRO shall proceed with great delicacy and tact. If the preliminary investigation demonstrates that a further proceeding seems necessary, the IRO shall approach the apparent victims and ask if they wish to initiate a complaint. If the preliminary investigation indicates that there is no evidence that harassment has taken place, all written records regarding the investigation will be destroyed immediately.
  7. All written records pertaining to the case (and any subsequent appeal) shall be kept permanently in a confidential file in a secure location determined by the President. Only the IRO will have access to the files.
  8. At all times throughout the procedures outlined below confidentiality will be preserved carefully whenever appropriate.
  9. Throughout any investigations by the CCIR or by the IRO the accused person(s) will be expected to respond to requests for information, interviews etc. in a prompt and timely manner.
  10. Following the filing of a written complaint the informal process shall be completed in 14 days; and the appeal process shall be completed in 10 days: all exclusive of College Holidays.

F. Informal Procedure

Every person in the College community has a right and is encouraged to seek redress for a perceived grievance related to unlawful harassment. However, past experience of academic institutions suggests that many such grievances can be resolved without resort to a formal investigation. Therefore, this section outlines a series of steps which are to be followed in an attempt to reach a satisfactory resolution when an individual chooses not to follow formal grievance procedures immediately.

  1. The complainant meets with the IRO or with one of the three members of the CCIR. This initial discussion is informal and confidential and during the course of the conversation both the complainant and the IRO (or member of the CCIR) decide whether to proceed with the complaint. The IRO (or member of the CCIR) discusses the options with the complainant and keeps a brief written record of the conversation. If both parties decide to proceed with the complaint, the complainant fills out a brief written complaint form.
  2. The IRO or member of the CCIR investigates the complaint, talking individually with all parties involved, and may attempt mediation, education, or other appropriate solution.
  3. In dealing with the alleged offender, the IRO or member of the CCIR may initially offer information and advice, attempting to resolve the case without confrontation or revealing the complainant's identity.
  4. If the nature of the case permits and the complainant feels able to do so, he or she may be encouraged to speak or write directly to the alleged offender (or offenders: the use of the singular hereafter is not intended to preclude the possibility of a complaint against more than one person) and explain the circumstances with the aim of resolving the issue. If this step is tried and does not lead to a satisfactory resolution, the complainant should return to the IRO or member of the CCIR for advice and further mediation.
  5. When mediation seems the appropriate procedure, the complainant's identity must be revealed but confidentiality shall be maintained insofar as possible.
  6. At any time the complainant may choose to initiate formal procedures, to continue informal procedures, or to withdraw the complaint.
  7. The IRO or the member of the CCIR will keep written records which shall be kept permanently on file.

G. Formal Procedure

  1. The complainant submits a detailed complaint, in writing, to the IRO.
  2. Once the complaint has been filed and accepted by the IRO, the complainant shall be considered solely as a witness in an investigation by the College into the possibility of behavior which is considered unacceptable according to College standards and policies.
  3. After notifying the respondent, the IRO, along with one member of the CCIR (the faculty member if the charge involves a faculty member, the Administrative staff member if the charge involves a member of the Administration, or the Student Services member if the charge involves a student), shall investigate, meeting with all parties involved and ensuring that the accused has an opportunity to see and respond to all statements made against him or her.
  4. The IRO shall also follow up on reports of other alleged instances of harassment involving the same individual if these seem germane to the case.
  5. If the IRO is convinced that no harassment has taken place, the matter will stop at this point and the immediate parties shall receive written notification that the case will proceed no further. The IRO shall make a written report on the results of the investigation and the reasons for concluding that the matter should go no further. This report, with other relevant information, shall be kept on file permanently.
  6. If the IRO is convinced that harassment has occurred, he or she will prepare a complete report including his or her findings, the statements of the accused party as well as the other witnesses, and the conclusions about the nature and seriousness of the harassment which has taken place.
  7. The IRO shall complete the investigation in a timely manner.
  8. The IRO shall expect prompt compliance from all parties involved.
  9. This report shall be submitted to the appropriate Dean or Budget Officer, who shall review the evidence and, if necessary, request additional information.
    1. If the alleged harasser is a faculty member, the report shall be given to the Dean of Faculty.
    2. If the alleged harasser is a staff member, the report shall be given to the relevant Budget Officer.
  10. The Dean or Budget Officer shall make a determination about whether or not harassment has taken place and the nature of that harassment.
  11. After making a determination about the facts of the case, the Dean or Budget Officer will determine an appropriate sanction. This sanction may include any of the following: oral reprimand, written reprimand, transfer to a different area, counseling, probation, dismissal, suspension, or demotion.
  12. The Dean or Budget Officer will inform the President of the finding in the case and of the proposed disciplinary action, if relevant.
  13. If the President has questions or concerns about the case, he or she may ask the Dean or Budget Officer to obtain new information or to reconsider the case.
  14. After the President has concurred in the outcome of the case, the Dean or Budget Officer shall inform the accused of the decision in writing.

H. Appeal Procedures

  1. If the individual(s) found guilty of harassment wishes to appeal the College's disciplinary action, he/she or they may request an appeal in writing to the President within ten working days of being informed of the outcome of the case. Ordinarily, such an appeal will be possibly only if the individual(s) involved can present new evidence not previously considered or evidence of procedural violations during the informal or formal procedures.
  2. The President shall review all documents, conclusions and recommendations before reaching a final decision in the case.