3.1.12: Sexual Harassment Policy

The University is committed to maintaining a positive learning and working environment for its students, faculty and staff and will not tolerate sexual harassment. Sexual harassment is a form of discrimination that violates University policy. It is also illegal under state and federal law. For the purposes of this Volume, Spalding University defines sexual harassment as any unwelcome sexual advance, request for sexual favor or other unwelcome verbal or physical conduct of a sexual nature, whether committed on or off campus, when:

1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or academic advancement;

2. Submission to or rejection of such conduct by an individual is used as the basis or threatened to be used as the basis for employment or academic decisions or assessments affecting an individual; or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating or hostile environment for work or learning.

Sexual harassment may involve individuals of the same or different sexes. Men as well as women can be victims of sexual harassment. All employees and students are accountable for compliance with this University policy. Established violations will lead to disciplinary actions which may include termination of employment or permanent expulsion from the University. This policy applies to all administrators and supervisors, regular and temporary faculty members, teaching and research assistants, staff members, and students. It pertains to actions that affect any employee, student or guest of the University.

The University can respond to specific instances and allegations of harassment only if it is aware of them. The University therefore encourages individuals who believe they have experienced sexual harassment to promptly report such information to an immediate supervisor, the Human Resources Director or the Corporate General Counsel. Any employee who becomes aware of any such objectionable conduct by any employee, supervisor, manager, or by anyone else, including outside vendors or students when inflicted on any employee, must immediately advise an immediate supervisor, or if that is not possible, then the Human Resources Director, or the Corporate General Counsel. All allegations will be promptly investigated according to the following policies and procedures:

1. All information reported will be held in strictest confidence and will only be disclosed on a need-to-know basis in order to investigate and resolve the matter.

2. Any investigation will be undertaken immediately to ascertain the pertinent facts.

3. After the investigation, any person who has been found by the University to have acted inappropriately, even if it does not rise to the level of sexual harassment under the law, will be subject to disciplinary action depending on the circumstances, from a warning in their file up to and including termination.

4. Any retaliatory action of any kind taken by any person as a result of an individual making a report of sexual harassment is prohibited and shall be regarded as a separate and distinct cause for complaint.

In the event of an actual sexual assault, Campus Security and the police will be notified immediately. Once the facts of the case are determined, the investigative staff will meet with local police for the purpose of providing copies of reports and other pertinent information and to obtain advice and guidance. If the victim refuses to press charges, the case will be investigated by the University, and the final disposition will be determined by the President. If the victim decides to press charges at a later time, the matter will be referred to the local police.

The University trusts that all its employees will act responsibly to maintain a working environment free of discrimination and retaliation. The University encourages employees to raise questions regarding sexual harassment, discrimination or retaliation with an immediate supervisor.