DISCRIMINATION AND SEXUAL HARASSMENT PREVENTION POLICY

Section 1. Purpose

It is the policy of Southern Connecticut State University to prohibit discrimination based on all protected classes including but not limited to race, color, religious creed, age, sex, marital status, national origin, ancestry, physical or mental disability, and sexual orientation. Discrimination includes harassment on any basis mentioned above, and sexual harassment as defined in the Connecticut General Statutes, U. S. EEOC Guidelines of Sexual Harassment, and in Title IX of the Higher Education Amendments of 1972. Discrimination or harassment will not be tolerated at Southern Connecticut State University, whether by faculty, students or staff, or by others while on property owned by or under the control of the University.

The purpose of this policy is to help prevent acts of discrimination/harassment and to offer students and employees who believe they have experienced discrimination or harassment a means to promptly redress any such claim. The University's goal is to end the discrimination or harassment and promote a learning and working environment free of discrimination and harassment.

Any employee, student, or applicant for employment or admission to the University, who believes that he or she has been discriminated against or harassed as defined by this policy may file a complaint by following the Procedures for Discrimination and Harassment Complaints available on the SCSU website through the Office of Diversity and Equity web address at http://www.southernct.edu/diversityequity/complaintprocedures/.

Section 2. Definitions

"Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed at an employee or student by another when:

(a) submission to such conduct is made either explicitly or implicitly a term or condition of employment, academic status, receipt of University services, participation in University activities and programs, or affects the measure of a student's academic performance; or,

(b) submission to or rejection of such conduct is used as the basis for a decision affecting employment, academic status, receipt of services, participation in University activities and programs, or the measure of a student's academic performance; or,

(c) such conduct has the purpose or effect of unreasonably interfering with employment opportunities, work or academic performance or creating an intimidating, hostile, or offensive work or educational environment. The conduct must typically be persistent and pervasive and be reasonably perceived as offensive or hostile to constitute this type of sexual harassment referred to as "hostile environment".

Section 3. Examples of Sexual Harassment

Incidents of sexual harassment may involve persons of different or the same gender. They may involve persons having equal or unequal power, authority or influence. Though romantic and sexual relationships between persons of unequal power do not necessarily constitute sexual harassment, there is an inherent conflict of interest between making sexual overtures and exercising supervisory, educational, or other institutional authority. Decisions affecting an employee's job responsibilities, promotion, pay, benefits, or other terms or conditions of employment, or a student's grades, academic progress, evaluation, student status, recommendations, references, referrals, and opportunities for further study, employment or career advancement, must be made solely on the basis of merit.

Examples of sexual harassment include, but are not limited to, the following, when they occur within the circumstances described in the definition above:

(a) use of gender-based verbal or written language offensive or degrading to a person of that gender, whether or not the content is sexual;

(b) inappropriate display of gender-based pictorial images offensive or degrading to a person of that gender, including but not limited to sexual posters, photographs, cartoons, drawings, or other displays of sexually suggestive objects or pictures;

(d) unwelcome requests or demands for sexual favors or unwelcome sexual advances;

(e) inappropriate touching of another's body, including but not limited to kissing, pinching, groping, fondling, or blocking normal movement; or

(f) sexual battery. (Note: some acts of sexual harassment may also constitute violations of criminal law, e.g., sexual battery, indecent exposure, sexual abuse, etc. In such instances, the Southern Connecticut State University Police Department should be notified immediately and will provide assistance to the victim and initiate an investigation of the crime.

Section 4. Confidentiality

The University is committed to taking prompt corrective action when it becomes aware of a problem involving discrimination or sexual harassment. Individuals are strongly encouraged to come forward with complaints regarding any form of discrimination or sexual harassment and to seek assistance from University officials in accordance with the time frames outlined in the complaint procedures. The University cannot ensure confidentiality upon receipt of a complaint; however, dissemination of information relating to the case should be limited, in order that the privacy of all individuals involved is safeguarded as fully as possible to the extent permitted by law. The University will enforce compliance with the non-retaliation provision of this policy. The University may proceed to investigate a complaint without the consent of the individual who originally filed the complaint.

The University Counseling Service and the Women's Center are available to provide assistance and guidance to students who have complaints about sexual harassment. A student who comes to a member of the staff or counselor with a concern regarding alleged sexual harassment will be encouraged to file a sexual harassment complaint. However, the counselor will to the extent permitted by law, upon the student's request, maintain the confidentiality of the information provided to the counselor.

Section 5. Disciplinary and Other Sanctions

In the event of finding that a violation of the policy has occurred, and a mutually agreeable resolution has not been reached to the satisfaction of the parties and the University, appropriate corrective actions for staff and faculty will be governed by the disciplinary articles of the appropriate collective bargaining agreement, the personnel policies if there is no collective bargaining agreement in effect, or for the students the disciplinary articles under the Student Code of Conduct.

Section 6. Retaliation

Retaliation against any member of the University community who in good faith brings a complaint of discrimination or harassment, participates in the investigation of a complaint, or testifies or otherwise participates in a proceeding or hearing relating to an allegation of harassment or discrimination, is prohibited and shall be a separate violation of this policy and shall constitute misconduct subject to disciplinary action or other action described in Section 5 above.

Section 7. Dissemination of Policy

This Policy shall be conspicuously posted throughout each school building in areas accessible to students, faculty and staff members. This Policy shall appear in the student handbook and faculty handbook and shall be reviewed periodically for compliance with state and federal law.

This Policy will include an appendix with names and addresses of University officials, student counseling, Women's Center, etc. that can be changed as needed. (See Appendix D in the complaint form).