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Sexual Harassment Policy and Procedures |
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| The North Dakota State College of Science, in compliance with state and federal regulations, will not tolerate sexual harassment of its students by anyone; including supervisors, faculty, customers, employees, visitors, or other students. | |
| Sexual Harassment is defined as: | |
| 1. Unwelcome or unwanted, sexual advances. This means patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact considered unacceptable by another individual. | |
| 2. Request or demands for sexual favors. This includes subtle or blatant expectations, pressures or requests for any type of sexual favor. | |
| 3. Verbal abuse or kidding that is sex-oriented and considered unacceptable by another individual. This includes commenting about an individuals appearance where such comments go beyond mere courtesy; telling "dirty jokes" that are clearly unwanted or considered offensive by others; or any other tasteless, sexually oriented comments, innuendoes or actions that offend others. | |
| 4. Engaging in any type of sexually-oriented conduct that would interfere with another's regular day to day performance. | |
| 5. Creating a college environment that is intimidating, hostile, or offensive because of unwelcome or unwanted sexually-oriented conversations, suggestions, requests, demands, physical contacts, or attentions. | |
| Normal, courteous, mutually respectful, pleasant, non-coercive interactions between men and women that are acceptable to both parties are not considered to sexual harassment. | |
| Supervisory Responsibility | |
| 1. Employees are expected to deal swiftly and vigorously with any sexual harassment situation. | |
| 2. All people who engage in sexual harassment are subject to standard disciplinary procedures. | |
| 3. Any employee who becomes aware of sexual harassment but fails to take immediate action against it will be subject to disciplinary procedures, also. Not taking immediate action is viewed by the courts as condoning the behavior. | |
| Reporting Student Sexual Harassment | |
| Student Reporting Procedure | |
| 1. Complaints and reports of sexual harassment, by or of any student of this institution, should be brought to the attention of one of the following Student Support Members: Director of Counseling Services, Director Residence Services, Campus Nurse, Phoenix Project Coordinator, and Director Campus Police. | |
| 2. The individual receiving the report will make an initial investigation and attempt to informally resolve the complaint, and will give complete consideration to the due process rights and confidentiality of both the complainant and the accused. | |
| 3. In the event a Student Support Member is the accused, the report or complaint will be brought to the President of the college. | |
| 4. If the problem is not resolved to the satisfaction of the complainant or the accused, through the informal process, either the complaintant or the accused will be granted a formal hearing with the College Judicial Committee (student) or Director of Human Resources (employee). | |
| 5. The College authorities will take all reasonable precautions that will ensure that there will be no retaliation toward the complainant. | |
| Employee Reporting Procedures | |
| 1. Any employee in a supervisory role with students (example: faculty member, coach, work-study supervisor) who observes an incident of sexual harassment, is obligated to confront the harasser and tell him/her that their behavior is inappropriate and cannot be tolerated. The incident and confrontation must be documented. | |
| 2. In the event the harassing behavior continues, the supervisor will bring the incidents and copies of documentation to the attention of their supervisor and one of the following Student Support Members: Director of Counseling Services, Director of Residence Services, Campus Nurse, or Phoenix Project Coordinator and Director of Campus Police. | |
| 3. Any employee in a non-supervisory role with students (example: food service worker, secretary, custodian) who observes an incident to their supervisor for appropriate action. | |
| 4. The individual receiving the report will make an initial investigation and attempt to informally resolve the complaint. Complete consideration will be given to the due process rights and confidentiality of both the complainant and the accused. | |
| 5. In the event a Student Support Member is the accused, the report or complaint will be brought to the President of the college. | |
| 6. If the problem is not resolved to the satisfaction of the complainant or the complainant or the accused, through the informal process, either the complainant or the accused will be granted a formal hearing with the College Judicial Committee (student) or Director of Human Resources (employee). | |
| 7. The College authorities will take all reasonable precautions that will ensure that there will be no retaliation toward the complainant. | |
