POLICY ON SEXUAL HARASSMENT FOR STUDENTS CHARLESTON SOUTHERN UNIVERSITY

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1 POLICY ON SEXUAL HARASSMENT FOR STUDENTS CHARLESTON SOUTHERN UNIVERSITY I. POLICY STATEMENT: Charleston Southern University ("the University") is committed to maintaining a Christian environment for work, study, and social activities. To that end, and in accordance with federal and state law the University prohibits any member of the faculty, staff, administration, student body, or visitors to campus, whether they be guests, patrons, independent contractors, or clients, regardless of the sex of the other party, from harassing or interfering with the activities or legitimate rights of any person in a way that deprives that person of due consideration as an individual. We want to encourage members of the University community and its guests or visitors who believe they have been victims of, observe, or hear about sexual harassment and/or assault, or relationship violence to report these incidents to the local authorities (North Charleston Police or local area) and campus security ( ). Campus Security and reporting officials can assist victims in referrals to the local police and advise them of the University s internal judicial procedures. The local authorities can help victims investigate and prosecute; they can also direct victims to other appropriate resources. Reports of harassment will be investigated and if confirmed the individual (s) responsible will receive the appropriate disciplinary action, up to and including dismissal from the University. DEFINITIONS 1. Sexual misconduct is defined as activity of a sexual nature which results in the nonconsensual exploitation of one person by another for the purpose of gain or other advantage. The sexual behavior which results in such exploitation may have been consensual or nonconsensual in its original nature. Someone who is unconscious or incapacitated (this includes being under the influence of alcohol or drugs) is incapable of giving consent. 2. Sexual harassment pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, is defined as: a. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: i. submission to such conduct is made either implicitly or explicitly a term or condition of an individual s employment or status in a course, program or activity; ii. submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or such conduct has the purpose or effect of interfering with the individual s work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one s ability to participate in or benefit from an educational program or activity.

2 3. Sexual assault involves any physical contact of a sexual nature that is against one s will or without one s consent resulting from the use of force, coercion, intimidation, or threats. EXAMPLES OF SEXUAL HARASSMENT Examples of sexual harassment may include, but are not limited to the following: 1. Physical Assault. 2. Direct or implied threats that submission to sexual advances will be a condition of employment, work status, compensation, promotion, grades, or letters of recommendation. 3. Sexual advances, physical or implied, or direct propositions of a sexual nature. This activity may include inappropriate/unnecessary touching or rubbing against another, sexually suggestive or degrading jokes or comments, remarks of a sexual nature about one s clothing and/or body, preferential treatment in exchange for sexual activity, and the inappropriate display of sexually explicit pictures, text, printed materials, or objects that do not serve an academic purpose. 4. A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliate another. 5. Remarks speculating about a person s sexual activities or sexual history, or remarks about one s own sexual activities or sexual history that do not serve a medical or academic purpose. 6. Rape OTHER VIOLATIONS OF THE SEXUAL HARASSMENT POLICY Other violations of this policy may include, but are not limited to the following: 1. Retaliation against a person who has made a report or filed a complaint alleging sexual harassment, or participated as a witness in a sexual harassment investigation. 2. Disregarding, failing to investigate adequately, or delaying investigation of allegations of sexual harassment, when responsibility for reporting and/or investigating sexual harassment charges comprises part of one s supervisory duties.

3 CONSENSUAL RELATIONSHIPS Full-time and part time faculty and non-faculty members are encouraged to foster congenial, professional relationships with the students. Such relationships serve to promote the educational processes and mission of the university. The university honors the right of faculty and staff to have non-romantic, personal relationships with the students which are mutually desired. However, faculty and staff members are prohibited from participating in consensual romantic or intimate relationships with persons they evaluate, grade or supervise. Such relationships suggest an abuse of power because of the difference in status between the student or subordinate and the faculty or staff member. The burden of responsibility for protecting the integrity of the professional relationships between faculty and staff members and those persons they evaluate, grade or supervise should be the faculty and staff members. Failure to exercise professional judgement in avoiding such relationships to the detriment of student/teacher or student/staff relationships will result in termination. PROCEDURES Because sexual assault and rape are crimes, a victim is encouraged to take criminal action against a violator. Immediately contact local authorities, the North Charleston Police, at Sexual assault and rape are forms of sexual harassment, so also may be reported under the University Policy on Harassment. All students should report any sexual harassment that they experience, observe, hear about, or believe may be occurring, to the Title IX Coordinator at or other reporting officials (listed in Appendix 1). No student should assume that an official of Charleston Southern University knows about your situation. Students should report all incidents of sexual harassment. VIOLATIONS OF THE SEXUAL HARASSMENT POLICY The University will not tolerate sexual harassment of anyone and will investigate all allegations of sexual harassment. Where sexual harassment is found, steps will be taken to end it immediately. In those instances where it is determined an individual has sexually harassed another, that individual will be subject to appropriate discipline. The level of discipline will depend on the severity of the harassment. If the investigation reveals a pattern of harassing behavior, or the conduct is aggravated, probation, suspension, expulsion, or termination may be appropriate. To make deliberate false accusations of sexual harassment violates this policy. In such instances, the complainant will be subject to disciplinary action. However, failure to prove a claim of sexual harassment does not constitute proof of a false and/or malicious accusation.

4 PROHIBITION AGAINST RETALIATION Students who, in good faith, report what they believe to be sexual harassment, or who cooperate in any investigation, will not be subjected to retaliation. Any student who believes he/she has been the victim of retaliation for reporting sexual harassment or cooperating in an investigation should immediately contact the Title IX Coordinator. II. PROCESSING OF SEXUAL HARASSMENT REPORTS AND COMPLAINTS Informal Process The following procedures for informal resolution are optional. The Title IX Coordinator is a safe, confidential venue in which to explore, informally, questions of harassment. Persons who believe or suspect they have experienced or witnessed harassment should contact the Title IX Coordinator to consider the options for response. The goal of informal resolution is to stop inappropriate behavior, investigate, and facilitate resolutions, if possible. The Title IX Coordinator s mediation may include, but is not limited to listening and providing an impartial sounding board, suggesting strategies for the individual to adopt, meeting informally with the complainant and the accused with the intent of bringing resolution, meeting privately with the accused and acting as go-between, or advising the alleged victim to file a formal complaint. The Coordinator may arrange a meeting between the parties if all are willing. All consultations with the Coordinator are private, with the exception that violations of federal, state and local law may have to be reported to the local authorities and University officials. During many types of informal consultation, the identities of the parties involved need not be revealed. Protecting confidentiality at this level allows complainants to explore their concerns without the detailed information required for formal complaints. The Coordinator makes every effort to protect and assist the complainant, but must seek to protect the rights and further the legitimate interests of both the complainant and the accused. Normally, complaints brought to the Coordinator will be resolved within thirty days. The Coordinator may find that some complaints are not appropriate for informal mediation. In such cases, or at any time during or after informal mediation, the complainant may make a formal complaint. Formal Process If complainants are dissatisfied with the outcome of the informal process, or do not wish to proceed informally, they may initiate the formal process by filing a written complaint with the Title IX Coordinator describing the details of the alleged harassment. Upon receipt of such a complaint, the coordinator will promptly conduct an initial investigation to determine whether the complaint is

5 actionable, and, if so, whether it can be effectively remediated or resolved by the Coordinator. If the Coordinator so determines that an internal investigation is not the appropriate venue for addressing the matter s/he will inform University officials and report to local authorities as necessary. If the Coordinator determines a formal complaint is potentially actionable and requires further investigation, the Coordinator will initiate an investigation into the facts of the matter. During the investigation, the Coordinator, or his / her designee will keep private the information gathered during the investigation. Reports and Complaints All reports and complaints of harassment will be promptly investigated and appropriate action will be taken as expeditiously as possible. Complaints and reports of sexual harassment should be reported as soon as possible after the incident(s) in order to be most effectively investigated. The University will make reasonable efforts to protect the rights of both the complainant and the respondent. The University will respect the privacy of the complainant, the individual(s) against whom the complaint is filed, and the witnesses in a manner consistent with the University s legal obligations to investigate, to take appropriate action, and to comply with any discovery or disclosure obligations required by law. The University encourages any person who feels he or she has been sexually harassed to report the incident to the Coordinator or other reporting official. Any student, faculty member, or employee who knows of, receives information about or receives a complaint of sexual harassment involving a student, should report the information or complaint to the Coordinator. Investigation and Resolution The University s complaint process, outlined herein, is the procedure to be used to end inappropriate behavior; investigate for the purpose of fact finding; and facilitate resolution of complaints involving allegations of sexual harassment. However, as part of the complaint process, the Coordinator may recommend that the complainant and respondent attempt to resolve their differences through mediation. The University reserves the right to investigate and resolve a complaint or report of harassment regardless of whether the complainant pursues the complaint. These procedures do not replace the right of complainants to pursue other options or remedies available under the law. Normally, the above process will be completed within thirty days of the receipt of the initial written complaint. The Coordinator will render, and communicate in writing a finding in favor of the complainant or in favor of the accused. Sanctions will be rendered by the Dean of Students Office.

6 DISSEMINATION OF PROCEDURE Information regarding this policy should be provided to each student during student orientation. In addition, the policy should be posted on the University s bulletin boards, website, and available upon request from the Title IX Coordinator, Dean of Students, Assistant Dean of Students, and Director of Housing and Security. EDUCATION A minimum of 1 program per academic year will be presented on relational issues. The presentation will be facilitated by a trained professional in the area of relationship counseling. The Charleston Southern University Housing staff is trained to be sensitive to issues involving students and sexual harassment. The CSU faculty receive training in this area annually during its fall semester orientation. VICTIM ADVOCACY AND ASSISTANCE Any student who is a victim of sexual harassment can request assistance from the Dean of Students. Closed counseling support groups, of no more than 10, may be formed to assist and help harassment victims to adjust. Additionally, one-to-one sessions with a licensed counselor can be scheduled as well as referrals to professional counselors in the community.

7 APPENDIX 1 REPORTING OFFICIALS The University has designated the following individuals as Reporting Officials who have the responsibility to receive complaints, initiate an investigation, and move it into the appropriate process by which resolution of the complaint will occur: Title IX Coordinator Dean of Students Affirmative Action Officer Dean of the School of Business Associate Dean of Students Assistant Deans of Students and 8019 Dean of the College of Arts/Science Director of Housing/Security Director of Student Success Dean of The School of Education