Nondiscrimination and Sexual Harassment

GENERAL POLICIES AND PROCEDURES

Nondiscrimination. Bates College does not discriminate on the basis of race, color, national or ethnic origin, religion, sex, sexual orientation, marital or parental status, age, or disability, in the recruitment and admission of its students, in the administration of its educational policies and programs, or in the recruitment and employment of its faculty and staff.

To aid the Director of Affirmative Action in this charge, an Advisory Committee on Affirmative Action is appointed annually by the President. It is the members' responsibility to assess continu- ally the status of their respective areas in regard to compliance. Members of the Bates community are encouraged to report instances of alleged discrimination to the Director of Affirmative Action.

Bates College Sexual Harassment Policy. Within our academic setting, a state of trust and open- ness among persons is the necessary condition for intellectual inquiry and hence academic excel- lence. Associations between faculty, students, and staff must reflect the mutual respect for one another which is essential to the free exchange of ideas. Harassment, including sexual harassment, destroys trust and openness. When any member of the Bates community denigrates another mem- ber through unwanted sexual advances or sexual allusions, or through unwarranted references to sexuality or sexual activity, these bonds of trust and openness are broken.

Harassment, including sexual harassment, is especially serious when it involves a relationship of authority within which academic or other rewards may be experienced or perceived as related to the harassment. Among such situations are those relationships between faculty and students or between senior and junior faculty. When the imposition of unwanted sexual attention is accom- panied by the promise of academic or employment rewards or reprisals, the harm can be very great. If harassment occurs between persons, one of whom has any kind of supervisory, evalua- tive, or other authoritative responsibility in regard to the other, it is intimidation and coercive abuse of power.

Sexual harassment is one form of illegal sex discrimination, as defined by Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Section 4572 of the Maine Human Rights Act, and the regulations of both the Equal Employment Opportunity Commission and the Maine Human Rights Commission. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harass- ment when:

submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic advancement or employment;
submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals;
such conduct has the purpose or effect of substantially interfering with an individual's academic or work performance or creating an intimidating, hostile, or offensive working or learning environment.

The state of trust which is so essential to academic work in the College is important to the associations between faculty and students; such trust also is important among non- academic staff and employees. Sexual harassment within these associations pre vents or impairs the harassed person's full enjoyment of occupational or educational benefits and opportunities. It interferes with an individual's work performance and creates an offensive working environment. The employment regulations of the Maine Human Rights Commission give support to the College's policy against harassment and provide legal protection for all employees.

Whereas, it has been and is the policy of Bates College that sexual harassment has no place and will not be tolerated in this College; and whereas, the Federal Equal Employment Opportunity Commission has declared that sexual harassment constitutes illegal discrimination under Title VII of the Civil Rights Act of 1964. Now therefore, the President and Trustees of Bates College restates its policy that sexual harassment not be tolerated and hereby directs the President to see that appropriate steps are taken to communicate that Board's intent, as expressed in this policy to the College's faculty, staff, and students. The President shall advise the faculty, staff, and stu- dents that there are in effect adequate grievance procedures to facilitate prompt reporting of specific acts of sexual harassment at Bates, and urge the members of the College to report such acts so that appropriate action may be taken.

Bates College denounces the use of violence directed against any individual or group. We, the College community, regard sexual assault as a violent crime, a particularly heinous form of sexual harassment, whether committed by a stranger or an acquaintance on or off campus. We condemn the commission of sexual assaults and believe persons charged with such offenses should be dealt with promptly and fairly through the courts and our own judicial systems. Moreover, we rededi- cate ourselves to eradicating hostile settings in which our ability to work, study, live, and learn together is inhibited. Finally, we pledge assistance through the various departments of the College in aiding survivors of assault to determine how best they may regain control over their circum- stances.

When offensive conduct against persons, including but not limited to assault, may occur, for which the offender may be charged within the criminal justice system for violating the criminal statutes of the State of Maine, or the United States, victims may also elect to seek redress through the College's disciplinary procedures. All members of the community are expected to conform their conduct to the requirements of the law and to the standards of the College community.

As a guide to the community, relevant provisions of the criminal law and descriptive definitions of conduct and consent will be provided in published form to all students, faculty, and staff annually. These provisions and definitions will serve to assist the College community in identifying unacceptable behavior and to provide a basis for consistent interpretation and judgment.

Community Relations Council. Bates College expects all members of the community to provide a supportive environment that fosters communication about questions of discrimination, includ- ing harassment. As evidence of that conviction, the College has established a Community Relations Council (hereinafter Council) selected with an attempt to assure broad representation of men, women, and minorities, from the constituencies of faculty members, administrative staff, and administrative support staff.Students, particularly those serving as junior advisors and resident coordinators, will serve as a communication link to the work of the Council. However, because of liability concerns, students are not asked to serve as members. The Director of Affirmative Action serves as an ex officio member of the Council.

Members of the Council are chosen initially by the President, for staggered terms, and thereafter appointed by the President from names suggested by the Council, on the basis of expressed interest in issues of discrimination, including sexual harassment, as well as their sensitivity, approachability, and mediation skills Except for the initial appointment by the President, terms of membership are for three years with reappointment possible. The Chairperson is elected by the membership of the Council.

The primary functions of the Council are to sensitize the College community to the discriminatory aspects of harassment, to provide an informal resource to guide individuals to the available action steps they may wish to consider, both within and outside the College, and to develop techniques and resources for the informal resolution of incidents of discrimination. Training and the development of mediation and facilitation skills are expected for Council members.

Contact with a member of the Council is held in confidence. When members of the College community seek advice by contacting a member of the Council, said contact does not constitute a complaint. A matter must be brought to the attention of the Office of Affirmative Action for it to be a complaint. The Director of Affirmative Action serves as the College's officer of responsibility for all complaints of discrimination.

Procedures for Charges of Discrimination. The exercise of seeking advice and information from a member of the Council is entirely voluntary and is not a prerequisite to making a formal complaint either within the College or with the Maine Human Rights Commission. Grievants who choose to file a complaint directly with the Maine Human Rights Commission must do so within 180 days (6 months) of the alleged incident(s) of discrimination. Grievants who seek informal resolution of cases of discrimination may do so in any of the ways described below.

Voluntary Informal Consultation. There are many channels within the Bates Community available for the informal resolution of incidents of discrimination. The College recommends contact with any campus support personnel who are knowledgeable about the possible avenues of resolution of discrimination claims. The Community Relations Council members provide the preferred route; however, other personnel may include: the Affirmative Action Officer, faculty members, resident coordinators and junior advisors, the Health Center staff, the chaplains, immediate supervisors, the Director of Personnel, the Deans of Students and Faculty. Consultations may be brought in full confidentiality; no written record is to be maintained when an informal consultation is made.

If individual action or discussion with any of these does not resolve the problem, grievants may, either in the company of a trusted person or alone, talk privately with the Director of Affirmative Action.

Complaints. The Director of Affirmative Action is the primary agency to receive all complaints. If students are involved, the individuals may initially elect to discuss a complaint with the Dean of Students; a faculty member may initially discuss a complaint with the Dean of Faculty; or a staff member may initially discuss a complaint with the Director of Personnel. In each case, however, the subsequent step, if not the initial step, should be with the Director of Affirmative Action.

There are two forms of complaints:

Informal Complaint. The Director of Affirmative Action may provide suggestions for resolution, help in mediating differences in views, or other channels for resolution involving skills or suggestions of others.

Formal Complaints. The grievant may institute formal grievance proceedings whether or not the Director of Affirmative Action can effect a resolution. Grievants can elect to make a written complaint within the College's procedures, initiate a compla int to an agency outside of the College (e.g., the Maine Human Rights Commission), or both. The Director of Affirmative Action will explain the elements of each process. Within the College, a written complaint is needed to initiate formal grievance proced ures.

College Formal Grievance Procedures. Any member of the Bates College community may use Bates's formal proceedings for the resolution of alleged discrimination or harassment, unless the allegation has already been considered by other mechanisms, such as the Student Conduct Committee or the procedures appropriate to faculty dismissal for cause. These formal procedures are available to those who are not satisfied with the results of the informal procedures, or they may be used directly by faculty, students, and staff without informal efforts at resolution. The Director of Affirmative Action, or the College's Advisor to Students for Judicial Processes, or members of the Council, can assist in explaining the grievance process.

Convening for the Hearing. The grievant will file a formal grievance in writing with the President of the College or in the President's absence, the Dean of the Faculty, as soon after the alleged incident as possible, taking into account the desira bility, where appropriate, of attempting resolution through informal means. The President will provide a copy of the grievance to the accused. At this time the grievant will name two members from the College community to serve on the Hearing Board. The ac cused appoints two members on the same basis. Within five days of the receipt of the grievance, the President or, in his absence, the Dean of the Faculty, will appoint two more members to the Hearing Board, and will set a meeting to convene with in five d ays. The six members of the Board will select a seventh person to serve as chair. In the event that they cannot agree on a chair, the chairperson of the Community Relations Council will submit a list of seven names from which the six members shall strike names alternately until one name remains. This person will serve as chair.

The formal hearing will begin no later than five days from the complete constitution of the Hearing Board. The Hearing Board will complete its review and make a recommendation within one month of the complaint. In this case, one month excludes college vacations. In addition, the five-day limit excludes Saturdays and Sundays.

Conduct of the Hearing. The grievant and the accused have a right to call witnesses, request relevant records for review, and present all evidence. Any party has a right to legal counsel at the hearing, but such party must so notify the other party prior to the hearing.

The hearing will be private. Evidence relating to the grievance must be introduced at the formal hearing in the presence of the accused and the grievant. Only members of the Board, witnesses when called upon, and participants may be present. The Hearing Board may meet in closed sessions.

Hearing Board Members. The Community Relations Council will solicit annually from the faculty, the staff, and the student body volunteers prepared to serve on Hearing Boards. The list of volunteers will be available to members of the community involved in grievances. Strike lists for chairs of Hearing Boards will be drawn from this pool of volunteers.

Recommendations. The chair of the Hearing Board will be responsible for delivery of the written recommendation of the Board to the President upon the completion of its deliberations. Parties to the dispute will receive a copy of the recommendation. The President, or in his absence, the Dean of the Faculty, will act on the recommendation in whatever way deemed appropriate within ten calendar days of its receipt.

The recommendation of the Hearing Board and the President's action resulting from it will become part of the personnel file of the accused (the appropriate student file, if a student).

Emergency Measures. The existence of these grievance procedures in no way precludes the College from taking immediate action to maintain the safety of the College community or individual members thereof, should a situation of extreme emergency or criminal nature occur.