Sexual Harassment: Procedures for Reporting, Investigating and Hearing Complaints

Berea College, committed to investigating and resolving all complaints of sexual harassment internally, provides the following procedures for reporting and investigating allegations and hearing complaints made against members of the faculty, staff, or administration. Complaints made against students fall under the jurisdiction of the Student Conduct and Judicial codes.

A person who believes that she or he has been sexually harassed may choose to pursue and resolve the situation privately without invoking the procedures described below. However, pursuing the matter privately does not preclude subsequent use of the following procedures.

Reporting:

1. If a person who believes that he or she has been sexually harassed chooses to pursue the allegation through the administrative or formal hearing processes described below, she or he begins by making a report to the Title VII/IX Coordinator. (A "report" is herein defined as an oral or written communication from a complainant that leads to investigation and action.)

2. A person who thinks she or he has been sexually harassed may wish to make a record of the behavior, including the date and a description of exactly what happened, who said or did what, and his or her feelings and responses. The names of any witnesses to the incident may also be recorded.  Such a record is best made promptly to ensure its greater reliability.
3. A person accused of sexual harassment may elect to report the matter to the Title VII/IX Coordinator or his or her supervisor, and is encouraged also to keep a record of the incident upon which the allegation was based.

Investigation:

1. The Title VII/IX Coordinator will investigate any report of sexual harassment.  All parties named in the report will be informed.

2. If the Coordinator determines that harassment is not likely to have occurred, the complainant, the person accused, and any appropriate administrator or other staff member who has been involved in the investigation will be informed and the case closed.

3. If there is an initial determination that there is reason to believe that harassment has occurred, the Title VII/IX Coordinator will report the matter to the appropriate senior administrator (usually a vice president), will inform the person accused (the respondent), and will advise the complainant of his or her options in pursuing a complaint. 

Action:

A complaint not dismissed by the Title VII/IX Coordinator can be handled either administratively or through a hearing process.

A. Resolving Complaints Administratively:

1. The complainant, whether student, faculty, staff member, or administrator, may elect to have the matter resolved by the senior administrator (usually a vice president) to whom the respondent reports.

2. The processes followed in these administrative resolutions may vary, depending on the circumstances surrounding the complaint, but the senior administrator who is asked to examine the complaint must begin the process as soon as possible after he or she has received the complaint.

3. In resolving complaints informally, the senior administrator must consult with the Title VII/IX Coordinator regarding appropriate action in order to provide fair and consistent responses to such matters across the campus.

4. If the complaint is resolved to the satisfaction of the complainant, respondent, and senior administrator, the administrator shall provide a statement of the resolution in writing, including any terms of the agreement, to the complainant, the respondent, and the Title VII/IX Coordinator.

5. At any point in the administrative process, either party may choose to move directly to the formal hearing process. If a complaint handled administratively cannot be resolved, a formal hearing may be requested (as described in section B, below).

B. Resolving Complaints through the Formal Hearing Process:

1. In order to initiate a formal hearing, the complainant must state in writing the charge(s) that the panel will hear.

2. Formal complaints will be heard by a panel chosen from the pool of elected members of the Campus Conduct Hearing Board. The panel shall consist of three persons selected by the President of the College according to the provisions of the Campus Conduct Hearing Board. The President shall name the panel's chairperson. The panel must begin the hearing process as soon as possible.

3. The accused must have the opportunity to confront his or her accuser and any witnesses. The complainant and the respondent may each have one advisor present at the hearing. The advisor must be a full-time member of the faculty, staff, or administration of the College. No attorneys are allowed to participate in the hearing. Persons not directly involved in the hearing are not allowed to attend.

4. Other than the complainant and the respondent, those who may testify are normally limited to witnesses or persons with personal knowledge of the incident or those who investigated the incident. Character witnesses are not permitted either for the complainant or for the respondent.  Any available evidence which the parties intend to introduce should be submitted to the panel chair in advance of the hearing.

5. The standard of proof in formal hearings of sexual harassment is a review of all the evidence presented, whereby a reasonable person would conclude that the incident(s) did or did not occur.

6. The Title VII/IX Coordinator and the Director of People Services will serve in an advisory capacity to the hearing panel for cases involving sexual harassment, as described in the provisions of the Campus Conduct Hearing Board, but they may not participate in the deliberations on the findings or on recommendations of disciplinary measures.

7. Both the complainant and the respondent shall be kept informed of the status of the formal process.

8. If the panel concludes that sexual harassment has occurred, the Title VII/IX Coordinator then shall provide whatever information there may be to the panel about other reports involving the respondent of which the respondent has been previously informed and action taken.

9. At the end of the hearing the panel must submit its conclusions within fifteen (15) work days in the form of a report of its findings and its recommendation(s) to the President. The President shall give a copy of the report of findings to both the complainant and the respondent.

10. If the respondent believes that the findings of the panel for the complainant have been based upon speech or behavior in classroom, laboratory, public lecture, or comparable environment that is protected by academic freedom, he or she may appeal the findings in writing to the Faculty Appeals Committee within fifteen (15) work days, showing cause for the claim of academic freedom. If accepted, the Faculty Appeals Committee must hear the claim as soon as possible and submit its findings to the President and the respondent within fifteen (15) work days after the conclusion of the hearing.

11. The President weighs the panel's (and when appropriate the Faculty Appeals Committee's) recommendation(s) in arriving at a decision. As soon as possible, that decision is conveyed in writing to the complainant, the respondent, the chairperson of the panel, and anyone else the President believes should be informed. The President may provide such information in the written statement, including details from the panel's report, as he or she deems appropriate.

General Guidelines:

1. In the reporting, investigating, and hearing of complaints, every effort shall be made to ensure confidentiality and the privacy of the parties involved, but complete confidentiality cannot be guaranteed, particularly if formal charges are filed. At all stages, the investigations, administrative hearings, and formal hearings of sexual harassment complaints are to be handled discreetly and expeditiously. Every effort will be made to contain hearsay and to minimize the potential for harmful effects on the individuals involved and the community.

2. Both the complainant and the respondent shall be assured of fair treatment throughout the investigation, administrative hearing, and formal hearing processes. Neither retaliation nor intimidation by either party will be tolerated. Any such retaliation or intimidation is subject to disciplinary action up to and including termination or expulsion.

3. Fabricated charges of sexual discrimination or harassment, or false testimony are serious offenses. Persons found to have fabricated charges or testified falsely will be subject to disciplinary action up to and including termination or expulsion

4. At least annually, the Title VII/IX Coordinator shall inform the President of reports of allegations of sexual harassment and the results of any investigations of allegations.

Disciplinary Actions:

Disciplinary measures are to be appropriate to the severity of the incident for which a finding has been made for the complainant. In matters of sexual harassment, faculty, staff, and administrators may be disciplined by one or more of the following:  warning, reprimand, required letter of apology, changed assignment, relocation of office, required counseling, loss of commissioned worker status, suspension, demotion, loss of salary, and other appropriate penalties, up to and including termination.

Appeals of Findings, and Final Decisions on Findings and Sanctions:

1. Either the complainant or the respondent may appeal to the President the findings of the panels of either the Campus Conduct Hearing Board or the Faculty Appeals Committee. Appeals are limited to two circumstances:  (1) the discovery of new evidence bearing on the complaint; and (2) indications that improper procedures were employed in the investigation or in the formal hearing. The appeal must be made in writing within five (5) work days after the parties have received the report of findings from the President.
2. The decision of the President on any appeal is final.
3. The decision of the President on the findings and sanctions is final and binding.

Options Beyond the College:

Individuals do have legal recourse beyond the structure for hearing complaints described above, normally after these options have been exhausted. A complainant dissatisfied with the disposition of her or his complaint may pursue the matter by filing a formal complaint with the Office of Civil Rights (OCR) under Title IX (for students) or with the Equal Employment Opportunity Commission (EEOC) under Title VII (for employees).

* Approved by the General Faculty on February 16, 1995, and adopted by the Board of Trustees on April 22, 1995.