Preventing Sexual Harassment/Sexual Violence - An Online Tutorial
Guidelines for Investigation Sexual Harassment and/or Sexual Violence - As Of October 2012
INFORMATION ABOUT TITLE VII AND TITLE IX
Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers on the basis of race, color, religion, sex or national origin. Sexual harassment is a form of sex discrimination and is prohibited under this Act.
Title IX provides:"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
The underlying principle of Title VII and Title IX as it relates to sexual misconduct is basic – sexual harassment/sexual violence is a form of discrimination. Sexual Harassment unreasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. Sexual harassment/sexual violence may interfere with a student's physical well-being, emotional well-being, and academic performance. Colleges and universities receiving federal funds bear an affirmative duty to ensure that no student (male or female) is deprived of an educational opportunity or benefit due to such discrimination.
One area that has dominated the national dialogue recently is that sexual violence is a form of sexual harassment and is prohibited by Title IX. The Department of Education's Office of Civil Rights ("OCR") wrote a Dear Colleague letter on April 4, 2011("Letter" or "Dear Colleague Letter ") to clarify and remind Colleges and Universities receiving federal funds that they have the responsibility to take immediate and effective steps to respond to sexual violence in accordance with Title IX requirements.
OBLIGATIONS UNDER TITLE VII AND TITLE IX
The following are St. Louis Community College's ("STLCC or College") obligations under Title VII and Title IX.
- Designate a Title IX coordinator;
- Take immediate, appropriate action to investigate or otherwise determine what occurred once the College knows or reasonably should have known about possible sexual harassment/sexual violence;
- Take prompt, effective steps to end the sexual harassment/sexual violence, prevent its recurrence and address its effects, whether or not the sexual violence is the subject of a criminal investigation;
- Protect the Complainant, including taking interim steps prior to the final outcome of the investigation;
- Publish a notice of non-discrimination and provide a complaint/grievance procedure for employees and students to file complaints of sex discrimination, including complaints of sexual violence. These procedures must include an equal opportunity for both parties to present witnesses and other evidence, and the same appeal rights;
- Use the preponderance of evidence standard (i.e., it's more likely than not that sexual harassment or sexual violence occurred) to resolve complaints of sex discrimination;
- Notify both parties of the outcome of a complaint;
When assessing whether an institution has fulfilled its obligations under Title IX, the OCR's litmus test is whether the school recognized that sexual harassment/sexual violence occurred and took prompt and effective action to end the harassment, prevent its recurrence, and remedy its effects. These steps are the STLCC's responsibility whether or not the person who was harassed makes a complaint or otherwise asks STLCC to take action. The Equal Employment Opportunity Commission ("EEOC") uses the same litmus test for Title VII when assessing whether an institution has fulfilled its obligations under Title VII.
TITLE IX COORDINATOR ("Deputy Coordinator")
Title IX Coordinator has overall responsibility for implementation of the policies regarding sexual harassment/sexual violence.
Title IX Coordinator
Pam McIntyre, President, St. Louis Community College –Wildwood
DUTIES OF THE TITLE IX COORDINATOR
The Title IX coordinator is responsible for coordinating St. Louis Community College's Title IX compliance efforts with its obligations under Title VII and Title IX. These include:
- Oversight of all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.
- Monitoring compliance of all requirements and time-lines specified in the complaint/grievance procedures.
- Notification and education about Title IX which includes distribution of Title IX policies and college-wide Title IX training programs.
- Assistance to school law enforcement employees regarding how to respond appropriately to reports of sexual violence.
- Providing guidance by answering questions about compliance, policies and procedures.
DEPUTY TITLE IX COORDINATOR ("Deputy Coordinator")
The Deputy Title IX Coordinator assists the Coordinator in the implementation of policies.
Patricia Henderson, Manager, Employment and Recruitment
DUTIES OF THE DEPUTY TITLE IX COORDINATOR
Title IX allows an institution to designate a Title IX deputy coordinator who reports to the Title IX coordinator. The Deputy Coordinator's duties include:
- Investigating complaints of sexual misconduct and the disposition of those complaints. This includes training of the Investigators.
- Ensuring that complaints for students, faculty and staff are handled in a timely manner.
- Ensuring that Complainants and Respondents know their rights and receive the appropriate follow up information.
- Following up with parties regarding implementation of recommendations contained in disposition of investigation.
- Convening the District-wide Sexual Harassment/Sexual Violence Formal Hearing Committee as necessary.
- Preparing reports on the number of complaints, the nature of filed complaints, the disposition of the complaints.
SEXUAL HARASSMENT INVESTIGATORS ("INVESTIGATORS")
Each Campus President nominates individuals to serve as Investigators for the campuses and the education centers. Each Vice Chancellor nominates individuals as Investigators at the Cosand Center and the Corporate College.
From the individuals nominated by the Campus President and Vice Chancellors, the Coordinator and Deputy Coordinator will select individuals to serve as Investigators for the campuses, Cosand Center, each education center and the Corporate College. Each Investigator shall serve a three year term. The individuals appointed at each site are drawn from persons accessible to students, faculty, and staff. Investigators shall be provided flexibility in their work assignments to complete investigations of complaints/grievances in a timely fashion.
Investigators may serve beyond their initial three-year term if they are recommended to do so and their performance as an Investigator has been acceptable. The terms of Investigators shall be staggered to the extent possible in order to have some experienced Investigators and newly appointed Investigators serving together.
DUTIES OF INVESTIGATORS:
- Report all complaints of sexual harassment/sexual violence to the Deputy Coordinator immediately following notification. The initial information reported to the Deputy Coordinator would consist of the names of the person making the complaint ("Complainant") and the alleged harasser ("Respondent"), any witnesses identified and any information regarding the incident obtained prior to conducting the investigation.
- Investigate sexual harassment/sexual violence complaints in a prompt, fair and impartial manner.
- Participate in training and education programs on the subject of sexual harassment/sexual violence prevention and the investigation of complaints of sexual harassment/sexual violence.
- Notify the Deputy Coordinator when a change of location and/or telephone number has occurred.
- Maintain a log of complaint(s) on the "Sexual Harassment/Sexual Violence Log" form.
- Send the "Sexual Harassment/Sexual Violence Log" form regarding complaints for the previous month to the Deputy Coordinator the first of each month. These logs are maintained in a confidential file in the Human Resources Department.
SEXUAL HARASSMENT POLICY
Section B.12 of the Board Policy states:St. Louis Community College is committed to providing an academic and work environment that is free from sexual harassment. In keeping with this commitment, the College prohibits sexual harassment of any member of the College community. Sexual harassment in any form, including verbal, written, physical or visual harassment will not be tolerated. Sexual harassment may include, without limitation, unwelcome sexual advances, attempts to coerce any member of the College community into a sexual relationship or to punish such persons for refusing to submit to sexual advances, or conduct of a sexual nature which creates an intimidating, hostile or offensive academic or work environment.
Any member of the College community who has a sexual harassment complaint may obtain redress through administrative procedures of the College. The College will respond to sexual harassment complaints promptly and in an equitable manner.
All information regarding complaints of sexual harassment is confidential and will be revealed only to those directly involved with the investigation and/or resolution of the complaint. Breaches of confidentiality may result in disciplinary action. Retaliation against anyone who brings a complaint of sexual harassment is prohibited.
A student or employee of the College found to have violated this policy will be subject to disciplinary action, up to and including dismissal from the College or termination of employment.
SEXUAL ASSAULT POLICY
Section B.13 of the Board Policy states: St. Louis Community College will provide an environment for its students, employees and visitors that will, to the greatest extent possible, preclude the occurrence of sexual assault. For purposes of this policy, the term “sexual assault” includes rape, acquaintance rape, or any other sexual offenses, forcible or non-forcible. In keeping with this commitment, the College has established a policy prohibiting sexual assault in any form.
Any student, employee or visitor who is sexually assaulted on College property or at any College-sponsored or –supervised activity may obtain redress both through College channels and local, state, and federal law enforcement agencies.
Students or employees of the College found to have violated this policy will be subject both to disciplinary action by the College up to and including dismissal or termination and prosecution by appropriate law enforcement agencies.
Sexual harassment is defined as including such conduct as unwelcome sexual advances, request for sexual favors and other verbal, written or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment; (2) submission to or rejection of such conduct by an individual is used as a basis for educational or employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's educational or work performance or creating an intimidating, hostile or offensive educational or working environment.
Sexual harassment can be carried out by college employees, students and third parties (like visiting speakers) and can occur in institutional facilities or at off-campus locations. Both males and females can be victims. The Complainant and the Respondent may be of the same gender. The conduct can be verbal, nonverbal, written, physical or visual.
EXAMPLES OF BEHAVIOR OF A SEXUAL NATURE
Sexual harassment may involve conduct, in any form, by a person of either sex towards a person of the opposite or same sex. Some examples of behavior that may constitute sexual harassment include:
- Subtle pressure for sexual activity;
- Unnecessary brushing against or touching another individual;
- Offensive sexual graffiti;
- Disparaging remarks about one's gender, or sexual orientation;
- Physical aggression such as pinching and patting another individual;
- Sexist remarks about a person's clothing, body, sexual orientation, or sexual activities;
- Leering at or ogling a person's body;
- Demanding sexual favors accompanied by implied or overt threats;
- Physical assault;
- The creation, dissemination or possession of pornographic materials as determined by local St. Louis standards;
- Electronic Transmission by email, text messages, and/or other forms of social media.
TYPES OF SEXUAL HARASSMENT
Quid Pro Quo ‑ Situation in which a supervisor/faculty member conditions an employment or educational benefit upon the receipt of sexual favors.
An education benefit may include when a campus employee causes a student to believe:
- He/she must submit to unwelcome sexual conduct in order to participate in a school program or activity;
- That the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct.
Hostile Environment ‑ Unwelcome conduct of a sexual nature, which has the purpose or effect of creating a hostile, offensive or intimidating environment. This would also include harassment that is so severe, pervasive, and objectively offensive that the conditions of an individual's employment or education are altered.
Hostile environment for a student includes when unwelcome conduct of a sexual nature is so severe, persistent or pervasive that it:
- Affects the student's ability to participate in or benefit from an educational program or activity;
- Creates an intimidating, threatening or abusive educational environment.
GENDER BASED HARASSMENT
Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if these acts do not involve conduct of a sexual nature. Gender-based harassment, including that predicated on sex-stereotyping, is covered by Title IX if it is sufficiently serious to deny or limit a person's ability to participate in or benefit from the program. Thus, it can be discrimination on the basis of sex to harass a student on the basis of the victim's failure to conform to stereotyped notions of masculinity and femininity.
Sexual violence is a form of sexual harassment prohibited by Title IX and College Policy, which includes conduct that is criminal in nature. Sexual violence refers to sexual acts perpetrated against a person's will where consent is not obtained or where a person is incapable of giving consent due to his/her use of alcohol or other drugs.
There are many types of sexual violence, not all of which include physical contact between the complainant and the respondent. They include sexual harassment, threats, and sexually motivated stalking.
Examples of sexual violence that include physical contact include:
- Sexual assault;
- Sexual battery;
- Sexual coercion;
- Unwanted touching;
- Dating violence.
For the purposes of these Guidelines for Investigation and Determination of Complaints Involving Sexual Harassment and/or Sexual Violence (“Guidelines”), consent is an understandable exchange of affirmative words or actions that indicate a willingness to participate in mutually agreed upon sexually explicit touching or sexual penetration. Consent is active, not passive, and must be informed and freely and actively given. Hence, the presence of consent involves explicit communication and mutual approval for the act in which the parties are, or were involved.
Prompt, fair, impartial are key words when it comes to how the College must handle Title VII and Title IX complaints. According to the Dear Colleague Letter, the College is required to adopt and publish complaint/grievance procedures that provide for the "prompt and equitable" resolution of sex discrimination complaints filed by persons against school employees, other students or third parties. (Although the letter only requires this for students, STLCC is adopting this process for all complaints of sex discrimination.) A proper investigation must be immediate, effective, follow all of the institution's procedural requirements, and come to a conclusion as to whether or not there was a violation of the sexual harassment or sexual violence policies ("Policies"), all within 60 days or less. This Letter further defines a proper investigation as one that is “adequate, reliable, and impartial.”
Because of the sensitive nature of situations involving sexual harassment/sexual violence, and to help assure timely and confidential resolution of these issues, the College has established procedures to handle complaints and reports of sexual harassment/sexual violence.
ST. LOUIS COMMUNITY COLLEGE'S COMPLAINT/GRIEVANCE PROCEDURES
I. FILING A COMPLAINT:
While it is the responsibility of all students, faculty and staff in the College to conduct themselves in such a way as to contribute to an environment free of sexual harassment/sexual violence, the responsibility falls especially upon the College's supervisory personnel.
Should an administrator, manager or supervisor have knowledge of conduct involving sexual harassment/sexual violence or receive a complaint of sexual harassment/sexual violence that involves a student or employee, he/she must contact one of the Investigators, the Deputy Coordinator or the Coordinator to report the incident so immediate steps are taken to address the matter.
If any member of the College community feels he/she has been subjected to sexual harassment/sexual violence, the individual is strongly encouraged to discuss the complaint with an Investigator, the Deputy Coordinator, the Coordinator, or supervisory personnel as soon as possible. The supervisory personnel shall contact one of the Investigators, the Deputy Coordinator, or the Coordinator to report the incident as soon as possible. A student, faculty or staff member may select the Investigator of his/her choice. A list of Investigators is posted at each campus, the Cosand Center, each education center, and the Corporate College. This list of Investigators can also be found in the sexual harassment/sexual violence brochure, and/or on the on-line Sexual Harassment/Sexual Violence Prevention Tutorial.
II. INVESTIGATION OF THE COMPLAINT
Investigators must report all complaints of sexual harassment/sexual violence to the Deputy Coordinator immediately following notification. The initial information reported to the Deputy Coordinator would consist of names of the complainant and respondent, and any information regarding the incident obtained prior to conducting the investigation. The investigation shall include interviews of (1) the Complainant, (2) the Respondent, and (3) any witness and other persons who are identified as possibly having some information related to the alleged incident(s), and who agree to be interviewed, and a review of any relevant documentation and other evidence. In a professional and confidential manner, the Investigator will speak individually with the Complainant, Respondent and/or witness(es), as appropriate, to gather facts regarding the incident(s). It is critical that the Investigator start by explaining the process, and the need for an investigation. Complainant, Respondent and witness(es), if applicable, are given a copy of the Guidelines which also contains the Board Policies on sexual harassment and sexual violence.
All individuals contacted and/or interviewed are advised to take the
Sexual Harassment/Sexual Violence Prevention Tutorial if they have not
already done so. (The Sexual Harassment/Sexual Violence Prevention Tutorial
can be accessed via the INTERNET at https://www.stlcc.edu/apps/sh_tutorial/
There is an underscore between sh and tutorial
or the INTRANET at http://intranet.stlcc.edu (Internal access only).
The Investigator will ask the Complainant to complete a Sexual Harassment/Sexual Violence Complaint form and attach supplemental documentation relevant to investigate the allegations. The witness(es), if desired, can provide a written statement(s). However, a written Sexual Harassment/Sexual Violence Complaint form from the Complainant is not necessary in order for the investigation to continue.
At the start of any investigation, the Complainant should be advised that STLCC will investigate the allegations of sexual harassment/sexual violence and take appropriate action, even if the Complainant does not wish to pursue the process, but that any responses by the College may be hindered by the Complainant's wishes for anonymity and/or inaction. The College has an obligation to take all reasonable steps to investigate and, when appropriate, to respond, and thus cannot avoid its obligation to determine whether or not sexual harassment/sexual violence occurred. The Investigator should take all steps necessary to safeguard the confidentiality of the investigation, including communicating to each party and witness of their need to maintain confidentiality.
In the meeting with the Respondent, he/she is provided a copy of any written statements from the Complainant, except in some circumstances where the has requested anonymity, and witness(es); advised of the substance of any information obtained during the course of the investigation and given an opportunity to respond to the complaint. The Respondent has the right to respond to the Investigator in writing to the sexual harassment/sexual violence complaint and/or statements from any witness(es). The Investigator shall give the Respondent the date by which the Investigator shall meet with the Deputy Coordinator as the deadline to submit any such written response. The Respondent is told to refrain from directly or indirectly contacting the Complainant and witnesses regarding the sexual harassment/sexual violence allegations and that he/she is not to retaliate against the Complainant or any witness in any manner whatsoever
The parties involved are advised that the resolution of the complaint will involve a thorough investigation; assured that there will be no retaliation; told of the seriousness of the matter and informed to keep the matter confidential.
III. INVESTIGATION OUTCOMES
The Investigator will prepare a written report summarizing the factual findings of the investigation along with the completed Sexual Harassment/Sexual Violence Complaint form, if applicable, and/or other relevant information from those involved (Complainant, Respondent and any witness). The Investigator will meet with the Deputy Coordinator and make a determination of whether sufficient evidence exists to warrant further proceedings relating to the possibility that a violation of the sexual harassment or sexual violence policies may have occurred.
If sufficient evidence does not exist to warrant further proceeding relating to the complaint of a violation of the Policies, then the Investigator shall notify the Complainant and the Respondent of the decision in writing. The Investigator will also provide guidance and suggestions to the Respondent in order to avoid possible future violations. The Investigator or the Deputy Coordinator will follow up with the Complainant within a reasonable amount of time after the resolution to ensure that problems have not reoccurred and that there has been no retaliation.
The Deputy Coordinator may decide that additional investigation is necessary. If so, the Deputy Coordinator will conduct the additional investigation. The additional investigation may include individual meetings scheduled separately with the Complainant, Respondent, and witness(es), to gather facts regarding the incident as part of the Deputy Coordinator's investigation. Each of the parties involved shall be advised to keep the matter confidential.
The Deputy Coordinator will provide the Respondent with any additional information and/or documentation that is obtained by the Deputy Coordinator during an additional investigation.
If the Deputy Coordinator determines after the additional investigation that there is still not sufficient evidence to warrant further proceeding, the Deputy Coordinator will contact the Complainant and Respondent of the decision in writing. The Deputy Coordinator will also provide guidance and suggestions to the Respondent in order to avoid possible future violations. The Deputy Coordinator will follow up with the Complainant within a reasonable amount of time after the resolution to ensure that problems have not reoccurred and that there has been no retaliation.
If a decision is made that a formal hearing is necessary, then the Deputy Coordinator will contact the Chair to schedule a formal hearing of the District-wide Sexual Harassment/Sexual Violence Formal Hearing Committee ("Committee"). At this time, the Deputy Coordinator will also advise the appropriate college officer that a formal hearing will be conducted regarding an allegation of sexual harassment/sexual violence on/in their respective campus/department. No other confidential details will be disclosed.
IV. THE FORMAL HEARING PROCESS ("FORMAL HEARING")
The charge of the Committee is to determine if there has been a violation of the Policies. Each year, the Coordinator will select the investigators to serve on the Committee and will also appoint one of the Committee members to serve as the chair of the Committee ("Chair"). The duties of the Chair shall be to direct the Formal Hearing and, once the Committee has made its decision, to prepare a written statement of the decision and the information relied on in reaching that decision. The Committee is comprised of three Investigators, one each from three of the locations where Investigators are located and two alternates. No Investigator who has participated in the investigation of a complaint shall serve on the Committee. .
After being contacted by the Deputy Coordinator regarding scheduling of a Formal Hearing, the Chair will contact the other Committee members and determine a mutually acceptable date, time and location for the Formal Hearing. The Chair and the Committee members shall determine which witnesses, if any, will be contacted to testify at the hearing. The Chair will then notify the Deputy Coordinator of the date, time and location of Formal Hearing. The Deputy Coordinator will then commence the hearing process by providing a written notice to the Complainant and Respondent stating: (1) the nature of the complaint; (2) the policy that is alleged to have been violated; (3) the name of the Complainant; (4) the date, time, and place of the Formal Hearing; (5) the names of the members of the Committee, including who will chair the Formal Hearing. The written notice will be mailed by certified mail and regular mail to the Respondent's current local address on record at the College and shall be considered effective three (3) calendar days after such mailing or when actually received by the Respondent, whichever occurs first. The notice of the Formal Hearing shall be simultaneously mailed to the Complainant's current local address on record with the College. The Deputy Coordinator will contact any witnesses identified by the Committee to be called to the hearing.
The Formal Hearing must take place not more than fourteen (14) calendar days after the delivery of the written notice to the Respondent, unless the committee chair, in his/her discretion, allows for a longer period of time. The Formal Hearing is confidential and is closed to the public. Documents prepared in anticipation of and/or presented in the Formal Hearing, testimony, or other evidence introduced at the Formal Hearing may not be disclosed except as required or authorized by law or as authorized by the Coordinator in connection with responsibilities of the College.
The Formal Hearing before the Committee will not follow a courtroom model, including not following any formal rules of evidence. The Chair will determine the order of the witnesses and resolve any questions of procedure arising during the hearing. Only the Chair and the members of the Committee may question the individual parties and any witnesses. However, both parties may ask the Chair to pose additional questions or inquire further into specific matters by submitting these requests in writing. The Chair is empowered to disallow any questions that are irrelevant or redundant.
The Respondent shall have the right not to testify at the hearing. However, the exercise of that right shall not preclude the Committee from proceeding and determining responsibility on the basis of the facts and circumstances presented.
Typically, attorneys will not be allowed to be present at the Formal Hearing before the Committee on behalf of either party. In cases where criminal charges are pending, the Respondent may have an attorney present during the Formal Hearing for the sole purpose of advising the Respondent on how best to respond to certain questions in order to protect Respondent's rights in the public court proceedings. If the Respondent's attorney is present, the Complainant may have an attorney present and the College may have its attorney present. Attorneys are not permitted to examine witnesses or otherwise directly participate in the hearing on behalf of either party or the College.
The Committee will prepare a summary of the findings, setting forth the basis of its conclusions. The Committee shall determine whether or not 1) the Policies were violated and 2) the Respondent is responsible for the alleged discrimination/harassment (including, but not limited to, sexual violence, or sexual harassment). A finding of responsibility must be supported by a “preponderance of the evidence.” “Preponderance of the evidence” means that the Committee determines that it is more likely than not that the Respondent is responsible for committing the act or acts presented in the complaint. “Preponderance” means more than half. If, for example, the Committee concludes that the totality of the evidence weighs equally on both sides, the preponderance standard had not been met and a violation of the policy not been proven.
V. OUTCOMES OF THE FORMAL HEARING
If the Committee determines that the Policies have not been violated, the Deputy Coordinator will communicate the decision in writing to the Respondent after consultation with the Coordinator, Deputy Coordinator and the Associate Vice-Chancellor, Human Resources, or the proper vice-president or director of Student Affairs as appropriate. The Deputy Coordinator will inform the Complainant, in writing, of the outcome of the investigation. The Deputy Coordinator shall also notify the appropriate college officer of the outcome.
If the Committee determines that the Policies have been violated, and the Respondent is someone other than a student, the appropriate college officer will decide the appropriate disciplinary action to be taken, following consultation with the Associate Vice-Chancellor, Human Resources, if appropriate, the Coordinator and the Deputy Coordinator. If the Respondent is a student, then the proper vice-president or director of Student Affairs will decide the proper disciplinary action to be taken, following consultation with the Coordinator, Deputy Coordinator and appropriate college officer.
At this meeting the written statement of the Chair of the Formal Hearing Committee shall be provided for purposes of determining the appropriate sanctions. The Respondent will be notified in writing of the disciplinary action by the appropriate college officer. The Deputy Coordinator will inform the Complainant, in writing, of the outcome of the investigation.
When there is a finding that a student, faculty member or staff has violated the Policies, a wide range of sanctions may be imposed depending on the severity of the incident(s). If a faculty or staff member is found to have violated the Policies, it will be the responsibility of the appropriate college officer to ensure that sanctions will be imposed; sanctions shall be imposed by the appropriate supervising personnel.
If a student is found to have violated the Policies, sanctions shall be imposed by the appropriate vice-president or director of Student Affairs.
VI. FOLLOW UP TO THE FORMAL HEARING
The Deputy Coordinator will follow up with the Complainant within a reasonable time after the Formal Hearing to ensure that the problem has been resolved and that no retaliation has occurred. The Deputy Coordinator will also follow up with the appropriate college officer or vice-president or director of Student Affairs to ensure that the recommended disciplinary action, if any, has been implemented.
Either the Respondent or the Complainant may appeal the decision of an Investigator, Deputy Coordinator, appropriate supervisory personnel (if Respondent is an employee), the proper vice-president or director of Student Affairs (if Respondent is a student) or the Committee by filing a formal grievance or appeal within seven (7) calendar days of the date of the decision. There are only two (2) matters that may be appealed: 1) that the process used in the investigation and/or the Formal Hearing did not follow the process as set out in these Guidelines, and the failure to follow such procedure led to an incorrect result; or 2) the sanction imposed is not appropriate. NOTE: The Complainant will not be advised of any specific sanction imposed against Respondent unless the sanction relates specifically to the Complainant; i.e. Respondent not to have any contact with Complainant.
If a student wishes to appeal the decision, the student must file a written appeal with the chairperson of the Student Appellate Committee on their respective campus. This is step 3 of the process as set out in the Section G.15.1 of the College's Administrative Procedures. The student will be required to file the appeal, in writing, within ten (10) calendar days of the date of notification with Student Appellate Hearing Committee. The written appeal will state the issue being appealed and the remedy sought. The Student Appellate Hearing committee may render a decision on the written petition, request further information and documentation, or conduct a hearing.
If an employee wishes to appeal the decision, the employee shall use the grievance procedure set out in the appropriate Joint Resolution, if applicable, or any other available grievance procedure pursuant to the Administrative Procedures.
The Policies and these Guidelines seek to encourage students, faculty members and staff to voice freely, responsibly and in an orderly manner, any problem or complaint of sexual harassment/sexual violence. Any act of retaliation, reprisal, interference, restraint, penalty, coercion or harassment against any member of the College community who reports or complains of sexual harassment/sexual violence or participates in a sexual harassment/sexual violence investigation is strictly prohibited and shall be grounds for prompt disciplinary action, up to and including dismissal from the College or termination of employment.
FALSE OR MALICIOUS CHARGES:
Disciplinary action will be taken against any student, faculty member or staff bringing a charge of sexual harassment in bad faith.
CONFIDENTIALITY:The private nature of sexual harassment/sexual violence incidents and the emotional and moral complexities surrounding such issues makes utilization of this internal procedure, to the extent possible, a major goal of the College. Information obtained during a sexual harassment/sexual violence investigation will be kept as confidential as is possible within the confines of the College's legal obligation to investigate and take corrective action regarding allegations of misconduct brought to the College's attention. When a complaint is resolved, no record of the incident will be made a part of the personnel or academic file of the person accused unless adverse disciplinary action occurs. A record of the complaint and the resolution of the complaint will be kept in a confidential file by the Deputy Coordinator in accordance with the Records Retention Policy for Community Colleges as established by the Secretary of State for the State of Missouri.
REVIEW OF GUIDELINES:
These Guidelines and their implementation will be reviewed by the Title IX Coordinator, the Deputy Coordinator and the Associate Vice-Chancellor, Human Resources, as needed, but not less than once every three (3) years.
SEXUAL HARASSMENT/SEXUAL VIOLENCE PREVENTION TUTORIAL (“TUTORIAL”):
The The Sexual Harassment/Sexual Violence Prevention Tutorial can be
accessed via the INTERNET at https://www.stlcc.edu/apps/sh_tutorial/
There is an underscore between sh and tutorial
or the INTRANET at http://intranet.stlcc.edu (Internal access only).
The Tutorial must be taken annually by all College employees: Faculty on or before November 1st; Non-Faculty on or before February 1st. Students enrolled in clinical programs or serving as ambassadors must take Tutorial prior to starting their activities.