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Sexual Harassment
Policy and Procedures
Clarion University of Pennsylvania
Sexual Harassment
Policy and Procedures
Clarion University of Pennsylvania
Published jointly by
Office of Social Equity
Presidential Commission on Sexual Harassment
This revised policy was approved on April 15, 2010
by the Council of Trustees.
Sexual Harassment
Policy and Procedures
I. Policy
It is the policy of Clarion University of Pennsylvania that harassment of students
and employees based on sex is unacceptable and will not be tolerated. Clarion
University is committed to insuring that the learning environment for its students
and the working environment for its employees are free of unlawful discrimination
of any kind. The university affirms its commitment to human rights and dignity.
Sexual harassment violates basic human rights as well as state and federal laws,
and is inconsistent with the principles and goals of an academic community.
Clarion University of Pennsylvania will make every effort to protect students, staff,
and faculty from sexual harassment. Retaliatory actions taken against persons
filing sexual harassment complaints will not be tolerated. The university also
recognizes that accusations of sexual harassment are grievous and have serious
consequences. Therefore, the university will make every effort to protect students,
staff, and faculty from false accusations.
Any employee or student of the university found to be in violation of this policy
will be subject to appropriate disciplinary action that may include termination or
expulsion.
Clarion University, through the Office of Social Equity and the Presidential
Commission on Sexual Harassment will ensure that this policy receives wide
dissemination so that students, parents, faculty, administration and staff are
aware of the policy and its provisions.
II. Definition of Sexual Harassment
In accordance with the Equal Employment Opportunity Commission (EEOC)
Guidelines of 1980, Section 703 of Title VII of the Civil Rights Act of 1964,
as amended, the pertinent case laws of Title IX of the Education Amendments
of 1972, and Section 5(a) of the Pennsylvania Human Relations Act, Clarion
University defines sexual harassment as follows:
Unwelcome sexual advances, requests for sexual favors, or conduct of a
sexual nature will constitute sexual harassment when:
(1) Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual’s employment or academic
success; or
1
(2) Submission to or rejection of such conduct by an individual is used
as the basis for employment or academic decisions affecting such
individuals; or
(3) Such conduct is sufficiently pervasive or severe to have the effect
of interfering with an individual’s work or academic performance
or creating an intimidating, hostile, or offensive work or academic
environment.
Sexual Harassment occurs in a variety of situations which share a common
element (see “Examples of Conduct that could Constitute Sexual Harassment”
at: http://www.clarion.edu/165047/).
Clarion University is committed to the principles of free expression and academic
freedom. As such, “sexual harassment,” as defined in this policy, is neither legally
protected expression nor the proper exercise of academic freedom.
Discussion of ideas or theories that some employees or students may find
offensive is not necessarily sexual harassment. Examples of sexual harassment
include: conduct of a sexual nature that is sufficiently severe or pervasive to
have the effect of harassing or stigmatizing others on the basis of their sex,
sexual orientation or gender identity. This may include the use of sexually explicit
pictures, objects, or materials in classroom or work areas that have no legitimate
or instructional purposes; unwelcomed letters, e-mail or phone calls of a sexual
nature; sexual graffiti or visuals; unwelcomed touching, pinching, or patting;
repeatedly asking for a date after the person has expressed disinterest; and
pressure for sexual favors. Extreme forms of sexual harassment include sexual
assault/violence or rape, which are considered criminal offenses, and must first be
reported to the university’s Public Safety department (see “Examples of Conduct
that could Constitute Sexual Assault/Violence” at: http://www.clarion.edu/165047/).
III. Related Unprofessional Conduct
The University’s mission and core values are predicated on professionalism in
interpersonal relationships. Since professional relationships are instrumental
to the mission and core values of the university, it is essential to establish a
standard of expected conduct in these relationships. Personal relationships
should be avoided when they call into question professional integrity or interfere
with an individual’s work experience. A university employee with professional
responsibility or supervision of another who has real or potential power and
authority over that individual in a variety of roles including, but not limited to,
supervisor, mentor/advisor, professor, thesis/evaluation committee members, etc.,
shall not abuse that power. Absent contradictory evidence, an amorous or sexual
2
relationship between individuals where one possesses or appears to possess
authority or power over another is presumed to be exploitative and shall constitute
unprofessional conduct. The consensual nature of such a relationship does not
necessarily constitute a defense to a charge of sexual harassment or related
unprofessional conduct especially when the indirect result of the relationship
creates a hostile workplace environment.
Therefore, any employee in a supervisory role who enters into a sexual relationship
with another employee enters into that relationship with risk. These persons will
be subject to scrutiny if a complaint of sexual harassment is leveled against the
“supervisory person” by the “subordinate person” or if a third party brings a
complaint 1.
IV. Procedures
The procedures described below are applicable to any student, employee, or
applicant for education programs or employment who believes that he/she has
been the victim of sexual harassment. Except in the cases noted in section
A.2, concerns of sexual harassment should be brought to the Office of Social
Equity directly. Individuals must bring their concerns about sexual harassment
to a faculty member or advisor, a public safety officer, a residence hall assistant
or director, a member of the university administration or any member of the
President’s Commission on Sexual Harassment for the purpose of obtaining
information and/or moral support. Such individuals must then report the concerns
to the Office of Social Equity and encourage the complainant to go to the Office of
Social Equity to discuss the matter further. All supervisors are obligated to report
any known allegations of sexual harassment to the Office of Social Equity.
•
•
•
•
•
•
1 Adapted
Complainant: the individual who is making allegations that sexual
harassment has occurred.
Respondent: the individual against whom the allegations of sexual
harassment have been made.
Sexual Harassment complaints should be reported promptly to the Office
of Social Equity. They may be reported by anyone who becomes aware
that sexual harassment may have occurred.
Resolution of the complaint shall be sought as quickly as possible while
maintaining standards of fairness.
These procedures are not intended to replace other university procedures
available under established laws or collective bargaining contracts and,
where permissible, a complainant may choose either this procedure or
any other applicable procedure. (See Appendix B.)
The Office of Social Equity has the responsibility for investigating
from the Office of the Chancellor: Social Equity Policies and Procedures.
3
•
•
sexual harassment complaints filed and will attempt to conduct the
investigation within 30-60 calendar days from receipt of the complaint.
The Office of Social Equity will notify employees and students
respondent of sexual harassment generally within a twenty (20)
day period, subject to exceptions that are provided to protect the
complainant.
Investigative information may be retained for up to three years in the
Office of Social Equity as part of a data file on sexual harassment at the
university.
A. Reporting Complaints of Sexual Harassment
1.
All complaints of sexual harassment (with the exception of complaints
made against the hearing office (Office of Social Equity and/or the
President of the university) shall be filed with the Assistant to the
President for Social Equity (207 Carrier Hall, 814-393-2109).
2.
All complaints of sexual harassment made against the Assistant to the
President for Social Equity and/or the President shall be filed with the
Office of the Chancellor, PA State System of Higher Education (PASSHE)
Dixon Center, Harrisburg, PA 17110, 717-720-4000.
B. Informal Review
1. The complainant reports the complaint to the Office of Social Equity.
After an initial interview, the social equity officer may suggest that the
complainant take individual action to resolve the problem through verbal
or written communication with the person whose actions the complainant
found offensive.
2.
If that approach does not resolve the matter, or if the complainant
does not want to interact directly with the respondent, the social
equity officer will attempt to act as mediator in an effort to achieve an
informal resolution to the problem. The respondent will be informed of
the concerns or complaint as presented by the complainant and will be
afforded an opportunity to respond. Said response may be a written or
oral presentation of factual data.
3. During all informal attempts to resolve a problem, every effort shall be
made to: notify the respondent of the nature of the complaint (which
is generally within a twenty (20) day period); (2) identify or defer the
identification of the complainant, as appropriate; and (3) maintain
confidentiality of the investigative process.
4
4.
The respondent will be afforded an opportunity to respond to the
complaint. Said response may be a written or oral presentation of factual
data.
5. The complainant or the respondent party may be accompanied by any
person of their choosing from within the university community during
the informal process or meetings for the purpose of consultation. If
either party is covered under a collective bargaining agreement with the
university, the social equity officer will inform that party of his/her right
to union representation.
C. Formal Review
1.
All formal complaints are based on specific charges heard at the
informal level. If the concerns raised cannot be resolved through
informal discussions, or if the conduct reported is so egregious that
the complainant wishes to proceed directly to formal procedures, the
complainant should consult with the social equity officer and then file a
formal written complaint.
2.
If the social equity officer believes that the complaint has merit (that
it warrants an investigation) the social equity officer will notify the
respondent that a complaint has been filed and will send a copy of
the formal, written complaint to the respondent. This notification will
generally take place within a twenty (20) day period.
3.
If either party is covered under a collective bargaining agreement with
the university, the social equity officer will inform that party of his/her
right to union representation.
4.
The respondent will be afforded an opportunity to respond to the charges
as specified in the Formal complaint and to prepare a response to these
charges, including written and oral presentations of factual data. The
complainant and respondent may be accompanied by any person of their
choosing from within the university community during the investigation
and resolution of the case for the purposes of consultation.
5.
All formal, written complaints will be given a specific, full, impartial,
and expeditious investigation by the Office of Social Equity. During such
investigations, while every effort will be made to protect the privacy
rights of all parties, confidentiality cannot be guaranteed.
5
6.
The social equity officer has the responsibility for investigating
complaints filed. When feasible, the investigation will be completed
within thirty to sixty (30-60) days from receipt of the written complaint.
As part of the investigative process, the social equity officer will gather
evidence on the alleged sexual harassment complaint. This evidence
may take the form of written or oral presentation of factual data or the
collection of said data.
7.
The complainant and respondent will receive written notification of the
investigation’s results.
D. Sanctions and Remedies
1.
If the investigation of a reported occurrence of sexual harassment reveals
that the complaint is without merit, both parties will be so informed. If,
however, the social equity officer finds that it is more probable than not
that there has been a violation of the university’s Sexual Harassment
Policy, the officer will report these findings to the president or to the vice
president for student affairs (in student related cases) as appropriate.
Disciplinary proceedings, if and when initiated, against staff or faculty
will be in accordance with the appropriate procedures and collective
bargaining agreement. Disciplinary proceedings, if and when initiated,
against a student will be in accordance with the appropriate procedures
outlined in the Student Rights, Regulations, and Procedures Handbook.
2.
Possible sanctions include, but are not limited to: a verbal warning, a
written warning, a formal reprimand, reassignment of responsibilities,
suspension, expulsion from the university, or termination of employment.
The complainant and the respondent will be informed of the specific
action taken. The overall remedy desired in valid sexual harassment
cases is the removal of the cause of the complaint. The university will
earnestly attempt to do whatever is necessary to achieve this end in
seeking remedies as dictated by the specific case.
3.
If the complainant is not satisfied with the results of the process, he/she
may seek administrative remedies as noted in paragraph #4 below.
4.
The complainant generally has 180 calendar days from the actual
date of which the incident occurred to file a formal complaint with the
Pennsylvania Human Relations Commission and 300 calendar days to
cross-file with another federal agency such as the United States Equal
Opportunity Commission, or the United States Department of Education,
Office of Civil Rights.
6
5.
In the event it is shown that a complaint has been filed maliciously or
without a legitimate basis, appropriate sanctions will be imposed on the
complainant.
E. Prohibition of Retaliation
Neither the complainant nor other individuals (e.g. witnesses) shall be subjected
to discharge, suspension, discipline, harassment, or any form of retaliation for
having participated in or having helped others use this complaint process. Any
individual who is found to have retaliated against any person involved in the
complaint process is subject to discipline, up to and including termination or
expulsion.
F. Counseling
Counseling is made available to any student or employee who believes that he/
she has been subjected to any form of harassment. Counseling services may be
obtained through the university’s Counseling Center for students. For employees,
the State Employees Assistance Program (SEAP) may be contacted through the
Office of Human Resources.
G. Sexual Harassment Prevention Training
The university will provide training on sexual harassment prevention online or
otherwise on an annual basis. All faculty and staff are required to participate in
this training. All new employees and students are required to participate in this
training within 60 days of commencing employment or matriculation at the
university. The university will also provide training to orientation leaders and
residence hall assistants.
H. Revisions
In order to be responsive to changes in state system policies and case law, this
policy may be revised periodically. Written copies of this policy are available at the
Office of Social Equity, 207 Carrier Hall, or on the Clarion University website at
www.clarion.edu/433
7
APPENDIX A
Pennsylvania Human Relations Act of 1955, as amended, prohibits discrimination based
on sex, race, color, religion, and national origin in the Commonwealth of Pennsylvania.
The Equal Pay Act of 1963, an amendment to the Fair Labor Standards Act, prohibits
pay discrimination based on sex on jobs that are substantially equal.
Title VII of the Civil Rights Act of 1964, prohibits discrimination based on sex, as
well as on race, color, religion and national origin, in hiring or firing; wages; fringe
benefits; referring, assigning, or promoting; extending or assigning use of facilities;
training, retraining, or apprenticeships; or any other terms, conditions, or privileges or
employment.
Title IX of the 1972 Education Amendments states no person in the United States shall,
on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity receiving federal
financial assistance.
The Women’s Education Equality Act of 1974 authorizes activities at all levels of
education to overcome sex-stereotyping and achieve equality for women.
The Job Training Partnership Act of 1982, PS 97300, permanently authorizes job training
programs for economically disadvantaged individuals and others who face serious
barriers to employment. JTPA replaces Comprehensive Education and Training Act.
Programs and activities funded or otherwise financially assisted in whole or in part
under this act are considered to be programs and activities receiving federal financial
assistance and thus subject to prohibitions against discrimination based on sex under
Title IX of the Education Amendments of 1972.
The Executive Order 11246, as amended by Executive Order 11375, requires federal
contracts to include language by which contractors pledge not to discriminate against
any employee or applicant for employment because of sex, race, color, religion, or
national origin. Large contractors must further pledge to take affirmative action to
ensure nondiscriminatory treatment.
The Vocational Education Act, as amended, requires the provision of activities to
eliminate sex bias, stereotyping, and discrimination in federally funded vocational
education programs and requires each state to employ a full-time sex equality
coordinator to ensure the elimination of bias and occupational segregation in those
programs.
Article 43: - Collective Bargaining Agreement negotiated between the State System of
Higher Education and APSCUF, delineates the provisions regarding the investigation of
complaints against faculty members.
8
APPENDIX B
Offices and Agencies Providing Assistance
Clarion University Office of Social Equity . . . . . . . . . . . . . . . . . . 814-393-2109
207 Carrier Hall
Clarion University Title IX Coordinator,
Dr. Jocelind Gant, Office of Social Equity. . . . . . . . . . . . 814-393-2109
207 Carrier Hall
Clarion University Counseling Services Department . . . . . . . . . . . 814-393-2255
148 Egbert Hall
Clarion University Office of Director of Student Affairs. . . . . . . . . 814-676-6591
114 Rhoades, Venango Administration, Venango Campus . . . Ext. 1270
Clarion University Counseling Services Department . . . . . . . . . . . 814-676-6591
234 Montgomery Hall, Venango Campus. . . . . . . . . . . . . . . . Ext. 1281
PASSAGES. . . . . . . . . . . . . . . . . . . . . . . . . . 800-793-3620 or 814-226-7273
105 S. 5th Avenue
Clarion, PA 16214
PASSAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814-849-5303
18 Western Avenue
Brookville, PA 15825
Domestic Violence Rape Crisis Center. . . . . . 1-800-243-4944 or 814-676-5476
716 E. Second Street
Oil City, PA 16301
Stop Abuse For Everyone (SAFE) . . . . . . . . . .. 800-992-3039 or 814-226-8481
8 Grant Street. . . . . . . . . . . . . . . . . . . . or Dial 911 and ask for SAFE
Clarion, PA 16214
Clarion County Counseling Center. . . . . . . . . . . . . . . . . . . . . . . . 814-226-6252
214 South 7th Avenue
Clarion, PA 16214
Clarion County District Attorney’s Office . . . . . . . . . . . . . . . . . . . 814-226-7611
421 Main Street
Clarion, PA 16214
9
Pennsylvania State Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814-226-1710
209 Commerce Road
Clarion, PA 16214
Laurel Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814-226-4340
231 W. Main Street
Clarion, PA 16214
Equal Employment Opportunity Commission. . . . . . . . . . . . . . . . 800-669-4000
1000 Liberty Avenue, Suite 1112
Pittsburgh, PA 15222
Commonwealth Information Center. . . . . . . . . . . . . . . . . . . . . . . 717-787-2121
Strawberry Sq,
Harrisburg, PA 17101
Pennsylvania Human Relations Commission . . . . . . . . . . . . . . . . 412-565-5395
300 Liberty Street
Pittsburgh, PA 15222
Clarion University of Pennsylvania is committed to equal employment and equal educational
opportunities for all qualified individuals regardless of race, color, sex, religion, national origin,
affectional or sexual orientation, age, disability, or other classifications that are protected under
Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990 and other pertinent state and federal laws and regulations.
Direct equal opportunity inquiries to: Assistant to the President for Social Equity, 207 Carrier
Administration Building, Clarion, PA 16214-1232, 814-393-2109.
10
A member of the Pennsylvania State System of Higher Education
Office of Social Equity
Clarion University of Pennsylvania
840 Wood Street
Clarion, PA 16214-1232
www.clarion.edu
Policy and Procedures
Clarion University of Pennsylvania
Sexual Harassment
Policy and Procedures
Clarion University of Pennsylvania
Published jointly by
Office of Social Equity
Presidential Commission on Sexual Harassment
This revised policy was approved on April 15, 2010
by the Council of Trustees.
Sexual Harassment
Policy and Procedures
I. Policy
It is the policy of Clarion University of Pennsylvania that harassment of students
and employees based on sex is unacceptable and will not be tolerated. Clarion
University is committed to insuring that the learning environment for its students
and the working environment for its employees are free of unlawful discrimination
of any kind. The university affirms its commitment to human rights and dignity.
Sexual harassment violates basic human rights as well as state and federal laws,
and is inconsistent with the principles and goals of an academic community.
Clarion University of Pennsylvania will make every effort to protect students, staff,
and faculty from sexual harassment. Retaliatory actions taken against persons
filing sexual harassment complaints will not be tolerated. The university also
recognizes that accusations of sexual harassment are grievous and have serious
consequences. Therefore, the university will make every effort to protect students,
staff, and faculty from false accusations.
Any employee or student of the university found to be in violation of this policy
will be subject to appropriate disciplinary action that may include termination or
expulsion.
Clarion University, through the Office of Social Equity and the Presidential
Commission on Sexual Harassment will ensure that this policy receives wide
dissemination so that students, parents, faculty, administration and staff are
aware of the policy and its provisions.
II. Definition of Sexual Harassment
In accordance with the Equal Employment Opportunity Commission (EEOC)
Guidelines of 1980, Section 703 of Title VII of the Civil Rights Act of 1964,
as amended, the pertinent case laws of Title IX of the Education Amendments
of 1972, and Section 5(a) of the Pennsylvania Human Relations Act, Clarion
University defines sexual harassment as follows:
Unwelcome sexual advances, requests for sexual favors, or conduct of a
sexual nature will constitute sexual harassment when:
(1) Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual’s employment or academic
success; or
1
(2) Submission to or rejection of such conduct by an individual is used
as the basis for employment or academic decisions affecting such
individuals; or
(3) Such conduct is sufficiently pervasive or severe to have the effect
of interfering with an individual’s work or academic performance
or creating an intimidating, hostile, or offensive work or academic
environment.
Sexual Harassment occurs in a variety of situations which share a common
element (see “Examples of Conduct that could Constitute Sexual Harassment”
at: http://www.clarion.edu/165047/).
Clarion University is committed to the principles of free expression and academic
freedom. As such, “sexual harassment,” as defined in this policy, is neither legally
protected expression nor the proper exercise of academic freedom.
Discussion of ideas or theories that some employees or students may find
offensive is not necessarily sexual harassment. Examples of sexual harassment
include: conduct of a sexual nature that is sufficiently severe or pervasive to
have the effect of harassing or stigmatizing others on the basis of their sex,
sexual orientation or gender identity. This may include the use of sexually explicit
pictures, objects, or materials in classroom or work areas that have no legitimate
or instructional purposes; unwelcomed letters, e-mail or phone calls of a sexual
nature; sexual graffiti or visuals; unwelcomed touching, pinching, or patting;
repeatedly asking for a date after the person has expressed disinterest; and
pressure for sexual favors. Extreme forms of sexual harassment include sexual
assault/violence or rape, which are considered criminal offenses, and must first be
reported to the university’s Public Safety department (see “Examples of Conduct
that could Constitute Sexual Assault/Violence” at: http://www.clarion.edu/165047/).
III. Related Unprofessional Conduct
The University’s mission and core values are predicated on professionalism in
interpersonal relationships. Since professional relationships are instrumental
to the mission and core values of the university, it is essential to establish a
standard of expected conduct in these relationships. Personal relationships
should be avoided when they call into question professional integrity or interfere
with an individual’s work experience. A university employee with professional
responsibility or supervision of another who has real or potential power and
authority over that individual in a variety of roles including, but not limited to,
supervisor, mentor/advisor, professor, thesis/evaluation committee members, etc.,
shall not abuse that power. Absent contradictory evidence, an amorous or sexual
2
relationship between individuals where one possesses or appears to possess
authority or power over another is presumed to be exploitative and shall constitute
unprofessional conduct. The consensual nature of such a relationship does not
necessarily constitute a defense to a charge of sexual harassment or related
unprofessional conduct especially when the indirect result of the relationship
creates a hostile workplace environment.
Therefore, any employee in a supervisory role who enters into a sexual relationship
with another employee enters into that relationship with risk. These persons will
be subject to scrutiny if a complaint of sexual harassment is leveled against the
“supervisory person” by the “subordinate person” or if a third party brings a
complaint 1.
IV. Procedures
The procedures described below are applicable to any student, employee, or
applicant for education programs or employment who believes that he/she has
been the victim of sexual harassment. Except in the cases noted in section
A.2, concerns of sexual harassment should be brought to the Office of Social
Equity directly. Individuals must bring their concerns about sexual harassment
to a faculty member or advisor, a public safety officer, a residence hall assistant
or director, a member of the university administration or any member of the
President’s Commission on Sexual Harassment for the purpose of obtaining
information and/or moral support. Such individuals must then report the concerns
to the Office of Social Equity and encourage the complainant to go to the Office of
Social Equity to discuss the matter further. All supervisors are obligated to report
any known allegations of sexual harassment to the Office of Social Equity.
•
•
•
•
•
•
1 Adapted
Complainant: the individual who is making allegations that sexual
harassment has occurred.
Respondent: the individual against whom the allegations of sexual
harassment have been made.
Sexual Harassment complaints should be reported promptly to the Office
of Social Equity. They may be reported by anyone who becomes aware
that sexual harassment may have occurred.
Resolution of the complaint shall be sought as quickly as possible while
maintaining standards of fairness.
These procedures are not intended to replace other university procedures
available under established laws or collective bargaining contracts and,
where permissible, a complainant may choose either this procedure or
any other applicable procedure. (See Appendix B.)
The Office of Social Equity has the responsibility for investigating
from the Office of the Chancellor: Social Equity Policies and Procedures.
3
•
•
sexual harassment complaints filed and will attempt to conduct the
investigation within 30-60 calendar days from receipt of the complaint.
The Office of Social Equity will notify employees and students
respondent of sexual harassment generally within a twenty (20)
day period, subject to exceptions that are provided to protect the
complainant.
Investigative information may be retained for up to three years in the
Office of Social Equity as part of a data file on sexual harassment at the
university.
A. Reporting Complaints of Sexual Harassment
1.
All complaints of sexual harassment (with the exception of complaints
made against the hearing office (Office of Social Equity and/or the
President of the university) shall be filed with the Assistant to the
President for Social Equity (207 Carrier Hall, 814-393-2109).
2.
All complaints of sexual harassment made against the Assistant to the
President for Social Equity and/or the President shall be filed with the
Office of the Chancellor, PA State System of Higher Education (PASSHE)
Dixon Center, Harrisburg, PA 17110, 717-720-4000.
B. Informal Review
1. The complainant reports the complaint to the Office of Social Equity.
After an initial interview, the social equity officer may suggest that the
complainant take individual action to resolve the problem through verbal
or written communication with the person whose actions the complainant
found offensive.
2.
If that approach does not resolve the matter, or if the complainant
does not want to interact directly with the respondent, the social
equity officer will attempt to act as mediator in an effort to achieve an
informal resolution to the problem. The respondent will be informed of
the concerns or complaint as presented by the complainant and will be
afforded an opportunity to respond. Said response may be a written or
oral presentation of factual data.
3. During all informal attempts to resolve a problem, every effort shall be
made to: notify the respondent of the nature of the complaint (which
is generally within a twenty (20) day period); (2) identify or defer the
identification of the complainant, as appropriate; and (3) maintain
confidentiality of the investigative process.
4
4.
The respondent will be afforded an opportunity to respond to the
complaint. Said response may be a written or oral presentation of factual
data.
5. The complainant or the respondent party may be accompanied by any
person of their choosing from within the university community during
the informal process or meetings for the purpose of consultation. If
either party is covered under a collective bargaining agreement with the
university, the social equity officer will inform that party of his/her right
to union representation.
C. Formal Review
1.
All formal complaints are based on specific charges heard at the
informal level. If the concerns raised cannot be resolved through
informal discussions, or if the conduct reported is so egregious that
the complainant wishes to proceed directly to formal procedures, the
complainant should consult with the social equity officer and then file a
formal written complaint.
2.
If the social equity officer believes that the complaint has merit (that
it warrants an investigation) the social equity officer will notify the
respondent that a complaint has been filed and will send a copy of
the formal, written complaint to the respondent. This notification will
generally take place within a twenty (20) day period.
3.
If either party is covered under a collective bargaining agreement with
the university, the social equity officer will inform that party of his/her
right to union representation.
4.
The respondent will be afforded an opportunity to respond to the charges
as specified in the Formal complaint and to prepare a response to these
charges, including written and oral presentations of factual data. The
complainant and respondent may be accompanied by any person of their
choosing from within the university community during the investigation
and resolution of the case for the purposes of consultation.
5.
All formal, written complaints will be given a specific, full, impartial,
and expeditious investigation by the Office of Social Equity. During such
investigations, while every effort will be made to protect the privacy
rights of all parties, confidentiality cannot be guaranteed.
5
6.
The social equity officer has the responsibility for investigating
complaints filed. When feasible, the investigation will be completed
within thirty to sixty (30-60) days from receipt of the written complaint.
As part of the investigative process, the social equity officer will gather
evidence on the alleged sexual harassment complaint. This evidence
may take the form of written or oral presentation of factual data or the
collection of said data.
7.
The complainant and respondent will receive written notification of the
investigation’s results.
D. Sanctions and Remedies
1.
If the investigation of a reported occurrence of sexual harassment reveals
that the complaint is without merit, both parties will be so informed. If,
however, the social equity officer finds that it is more probable than not
that there has been a violation of the university’s Sexual Harassment
Policy, the officer will report these findings to the president or to the vice
president for student affairs (in student related cases) as appropriate.
Disciplinary proceedings, if and when initiated, against staff or faculty
will be in accordance with the appropriate procedures and collective
bargaining agreement. Disciplinary proceedings, if and when initiated,
against a student will be in accordance with the appropriate procedures
outlined in the Student Rights, Regulations, and Procedures Handbook.
2.
Possible sanctions include, but are not limited to: a verbal warning, a
written warning, a formal reprimand, reassignment of responsibilities,
suspension, expulsion from the university, or termination of employment.
The complainant and the respondent will be informed of the specific
action taken. The overall remedy desired in valid sexual harassment
cases is the removal of the cause of the complaint. The university will
earnestly attempt to do whatever is necessary to achieve this end in
seeking remedies as dictated by the specific case.
3.
If the complainant is not satisfied with the results of the process, he/she
may seek administrative remedies as noted in paragraph #4 below.
4.
The complainant generally has 180 calendar days from the actual
date of which the incident occurred to file a formal complaint with the
Pennsylvania Human Relations Commission and 300 calendar days to
cross-file with another federal agency such as the United States Equal
Opportunity Commission, or the United States Department of Education,
Office of Civil Rights.
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5.
In the event it is shown that a complaint has been filed maliciously or
without a legitimate basis, appropriate sanctions will be imposed on the
complainant.
E. Prohibition of Retaliation
Neither the complainant nor other individuals (e.g. witnesses) shall be subjected
to discharge, suspension, discipline, harassment, or any form of retaliation for
having participated in or having helped others use this complaint process. Any
individual who is found to have retaliated against any person involved in the
complaint process is subject to discipline, up to and including termination or
expulsion.
F. Counseling
Counseling is made available to any student or employee who believes that he/
she has been subjected to any form of harassment. Counseling services may be
obtained through the university’s Counseling Center for students. For employees,
the State Employees Assistance Program (SEAP) may be contacted through the
Office of Human Resources.
G. Sexual Harassment Prevention Training
The university will provide training on sexual harassment prevention online or
otherwise on an annual basis. All faculty and staff are required to participate in
this training. All new employees and students are required to participate in this
training within 60 days of commencing employment or matriculation at the
university. The university will also provide training to orientation leaders and
residence hall assistants.
H. Revisions
In order to be responsive to changes in state system policies and case law, this
policy may be revised periodically. Written copies of this policy are available at the
Office of Social Equity, 207 Carrier Hall, or on the Clarion University website at
www.clarion.edu/433
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APPENDIX A
Pennsylvania Human Relations Act of 1955, as amended, prohibits discrimination based
on sex, race, color, religion, and national origin in the Commonwealth of Pennsylvania.
The Equal Pay Act of 1963, an amendment to the Fair Labor Standards Act, prohibits
pay discrimination based on sex on jobs that are substantially equal.
Title VII of the Civil Rights Act of 1964, prohibits discrimination based on sex, as
well as on race, color, religion and national origin, in hiring or firing; wages; fringe
benefits; referring, assigning, or promoting; extending or assigning use of facilities;
training, retraining, or apprenticeships; or any other terms, conditions, or privileges or
employment.
Title IX of the 1972 Education Amendments states no person in the United States shall,
on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity receiving federal
financial assistance.
The Women’s Education Equality Act of 1974 authorizes activities at all levels of
education to overcome sex-stereotyping and achieve equality for women.
The Job Training Partnership Act of 1982, PS 97300, permanently authorizes job training
programs for economically disadvantaged individuals and others who face serious
barriers to employment. JTPA replaces Comprehensive Education and Training Act.
Programs and activities funded or otherwise financially assisted in whole or in part
under this act are considered to be programs and activities receiving federal financial
assistance and thus subject to prohibitions against discrimination based on sex under
Title IX of the Education Amendments of 1972.
The Executive Order 11246, as amended by Executive Order 11375, requires federal
contracts to include language by which contractors pledge not to discriminate against
any employee or applicant for employment because of sex, race, color, religion, or
national origin. Large contractors must further pledge to take affirmative action to
ensure nondiscriminatory treatment.
The Vocational Education Act, as amended, requires the provision of activities to
eliminate sex bias, stereotyping, and discrimination in federally funded vocational
education programs and requires each state to employ a full-time sex equality
coordinator to ensure the elimination of bias and occupational segregation in those
programs.
Article 43: - Collective Bargaining Agreement negotiated between the State System of
Higher Education and APSCUF, delineates the provisions regarding the investigation of
complaints against faculty members.
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APPENDIX B
Offices and Agencies Providing Assistance
Clarion University Office of Social Equity . . . . . . . . . . . . . . . . . . 814-393-2109
207 Carrier Hall
Clarion University Title IX Coordinator,
Dr. Jocelind Gant, Office of Social Equity. . . . . . . . . . . . 814-393-2109
207 Carrier Hall
Clarion University Counseling Services Department . . . . . . . . . . . 814-393-2255
148 Egbert Hall
Clarion University Office of Director of Student Affairs. . . . . . . . . 814-676-6591
114 Rhoades, Venango Administration, Venango Campus . . . Ext. 1270
Clarion University Counseling Services Department . . . . . . . . . . . 814-676-6591
234 Montgomery Hall, Venango Campus. . . . . . . . . . . . . . . . Ext. 1281
PASSAGES. . . . . . . . . . . . . . . . . . . . . . . . . . 800-793-3620 or 814-226-7273
105 S. 5th Avenue
Clarion, PA 16214
PASSAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814-849-5303
18 Western Avenue
Brookville, PA 15825
Domestic Violence Rape Crisis Center. . . . . . 1-800-243-4944 or 814-676-5476
716 E. Second Street
Oil City, PA 16301
Stop Abuse For Everyone (SAFE) . . . . . . . . . .. 800-992-3039 or 814-226-8481
8 Grant Street. . . . . . . . . . . . . . . . . . . . or Dial 911 and ask for SAFE
Clarion, PA 16214
Clarion County Counseling Center. . . . . . . . . . . . . . . . . . . . . . . . 814-226-6252
214 South 7th Avenue
Clarion, PA 16214
Clarion County District Attorney’s Office . . . . . . . . . . . . . . . . . . . 814-226-7611
421 Main Street
Clarion, PA 16214
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Pennsylvania State Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814-226-1710
209 Commerce Road
Clarion, PA 16214
Laurel Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 814-226-4340
231 W. Main Street
Clarion, PA 16214
Equal Employment Opportunity Commission. . . . . . . . . . . . . . . . 800-669-4000
1000 Liberty Avenue, Suite 1112
Pittsburgh, PA 15222
Commonwealth Information Center. . . . . . . . . . . . . . . . . . . . . . . 717-787-2121
Strawberry Sq,
Harrisburg, PA 17101
Pennsylvania Human Relations Commission . . . . . . . . . . . . . . . . 412-565-5395
300 Liberty Street
Pittsburgh, PA 15222
Clarion University of Pennsylvania is committed to equal employment and equal educational
opportunities for all qualified individuals regardless of race, color, sex, religion, national origin,
affectional or sexual orientation, age, disability, or other classifications that are protected under
Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990 and other pertinent state and federal laws and regulations.
Direct equal opportunity inquiries to: Assistant to the President for Social Equity, 207 Carrier
Administration Building, Clarion, PA 16214-1232, 814-393-2109.
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A member of the Pennsylvania State System of Higher Education
Office of Social Equity
Clarion University of Pennsylvania
840 Wood Street
Clarion, PA 16214-1232
www.clarion.edu