Purpose
Harassment of any kind is not acceptable at Berea College. It is inconsistent with the College’s commitments to excellence and to respect of all individuals. Berea College is also committed to the free and vigorous discussion of ideas and issues, which the College believes will be protected by this policy.
Scope
This Harassment Policy applies to all persons who are enrolled or employed at Berea College while they are on College property or are participating in a College sponsored activity off-campus. The Procedures for Reporting, Investigating and Hearing Complaints of Harassment, Sexual Harassment and Other Types of Discrimination described below (the “Harassment Procedures”), apply to situations in which either of the complainant or the respondent are employed at Berea College.
Situations which involve others, including applicants for admission or employment who believe they have been harassed by employees of Berea College, and students and employees of Berea College who believe they have been harassed by contractors or vendors serving the College, will be resolved through procedures for complaints of discrimination. Persons who believe they have experienced these situations should contact the Director of People Services or the Title VII/Title IX Coordinator.
Policy
Berea College welcomes all students and staff who seek to live and to learn at Berea in the context of our mission as expressed in the College’s Great Commitments, but this does not mean that the College condones all behaviors as acceptable from all individuals or groups. Given Berea’s inclusive welcome to all peoples of the earth, the College will not tolerate speech and acts that are harassing to anyone regardless of race, gender, religion, sexual orientation, or other such distinguishing characteristics.
Berea College is committed to protecting the academic freedom and freedom of expression of all members of the College community. This policy against harassment shall be applied in a manner that protects the academic freedom and freedom of expression of all parties to a complaint. Academic freedom and freedom of expression include but are not limited to the expression of ideas, however, controversial, in the classroom, residence hall, and, in keeping with different responsibilities, in workplaces elsewhere in the College community.
Definition of Harassment at Berea College
Harassment is the creation of a hostile, offensive or intimidating environment, in which verbal or physical conduct, because of its severity and/or persistence, has the purpose or effect of substantially interfering with an individual’s work or education, or adversely affecting an individual’s living conditions.
Harassment prohibited by this Policy includes conduct and behavior which substantially interferes with the mutual respect and collegiality afforded all individuals at Berea College. In particular, harassment may include instances of verbal or physical behavior directed at an individual which is abusive of that individual’s distinguishing characteristics, including race, age, religion, sexual orientation or national origin to such an extent as to substantially interfere with such individual’s work or education or adversely affect the individual’s living conditions.
The conduct alleged to constitute harassment under this policy shall be evaluated from the perspective of a reasonable person similarly situated to the alleged victim and considering all of the relevant circumstances. In considering a complaint under Berea College’s Harassment Policy, the following shall apply:
- Harassment must be distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.
- Instructional responsibilities require appropriate latitude for pedagogical decisions concerning the topics discussed and methods used to draw students into discussion and full participation.
The following behaviors are also prohibited by the Harassment Policy:
Reprisals
Against the Complainant: It is a violation of Berea College’s Harassment Policy for any employee or College official to retaliate against a complainant for filing a charge of harassment. A complaint of retaliation may be pursued using the steps followed for a complaint of harassment. When necessary, the appropriate dean or other College officer may monitor student grading or faculty/staff reappointment, tenure, promotion, merit review, or other decisions to ensure that prohibited retaliation does not occur.
Against the Respondent: Lodging a complaint of harassment is not proof of prohibited conduct. A complaint shall not be taken into account during reappointment, tenure, promotion, merit, or other evaluation or review until a final determination has been made that the College’s Harassment Policy has been violated.
Knowingly False Or Malicious Complaints
To file a knowingly false or malicious complaint of harassment or retaliation is a violation of the Harassment Policy. Such conduct may be pursued using the steps followed for a complaint of harassment. A complaint under this provision shall not constitute prohibited retaliation.
Intentional Breaches of Confidentiality
All participants in the harassment Complaint Resolution process, including the complainant and respondent, witnesses, advisors, mediators, members of hearing panels, and officers, shall respect the confidentiality of the proceedings. Breaches of confidentiality jeopardize the conditions necessary to the workings of internal procedures for resolution of claims of harassment. Participants are authorized to discuss the case only with those persons who have a genuine need to know.
A complaint alleging an intentional breach of confidentiality may be pursued using the steps followed for a complaint of harassment. Such a breach may also constitute an act of retaliation. A breach of confidentiality may void the outcome of any previously agreed-upon resolution to a complaint.
Individuals who believe they have been harassed, individuals charged with harassment, and individuals with knowledge of situations in which harassment may exist should consult the Harassment Procedures contained in this Handbook. This Harassment Policy and the Harassment Procedures are only part of Berea College’s effort to prevent harassment in our community. In addition to spelling out steps for making and resolving complaints, the College is also committed to programs of education to raise the level of understanding concerning the nature of harassment and ways to prevent its occurrence.
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