Sexual Harassment

Shenandoah University is committed to sustaining an environment in which students, faculty and staff members may pursue their academic careers and assignments without being subject to verbal or physical harassment of any kind. Individuals who are in positions of authority with respect to students or other employees may not use their status to exploit others.

Recognizing that sexual harassment and sexual assault impede the educational process, SU is committed to investigate reports of sexual misconduct, to adjudicate them according to the policies of the university, and to provide support to those who are the survivors.

Sexual Misconduct Policy

Shenandoah University will not tolerate sexual misconduct where there is probable cause to believe the campus regulations prohibiting sexual misconduct have been violated. All members of the Shenandoah University community have a right to be free from sexual discrimination in the form of sexual harassment by any other member of the University community.

This policy applies to all Shenandoah University administration, faculty, staff, students, contractors and visitors. The policy is gender-neutral and applies equally to men and women.

Definitions

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when at least one of the following conditions are met:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or academic status in a course, program or activity; or
   Verbal misconduct, without accompanying physical contact as described above may constitute sexual harassment, which is also prohibited under university regulations.
2. Submission to, or rejection of, such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or
3. Such conduct that creates an intimidating, hostile, or offensive environment that substantially interferes with an employee's work performance or a student's ability to participate in or benefit from the University's programs or activities.

Examples of Sexual Harassment

Examples of physical and verbal conduct that may constitute sexual harassment may include, but are not limited to, the following:

1. A direct or implied threat that submission to sexual advances will be a condition of employment, promotion, or grades.
2. A direct and unwanted proposal or subtle unwanted pressure to engage in sexual activity.
3. A pattern of conduct causing discomfort or humiliation, e.g., unnecessary touching, gestures of a sexual nature, or remarks of a sexual nature, including comments about dress, jokes, or anecdotes.

Sexual harassment does not include personal compliments, social interaction or relationships freely entered into by students, employees, or prospective employees; however, the potential for sexual harassment, even in consensual relationships, must be recognized, especially in situations where a professional power differential exists (e.g. administrator/student, faculty/student, supervisor/employee). Sexual harassment does not include behavior that is considered to be appropriate to an academic discipline for the purpose of instruction or individual safety.

Sexual Misconduct is defined as sexual contact without consent and includes: full or partial disrobing, intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person's genitals, breasts, thighs, or buttocks; rape (sexual) intercourse (whether by an acquaintance or a stranger); attempted rape; sodomy (oral or anal intercourse); or sexual penetration with an object.

Sexual harassment and abuse are, by definition, sexual misconduct.

Consent is defined as the mutual agreement between both parties as to the appropriateness of a particular sexual behavior including time and place. Other acts that are non-consensual and may include, but are not limited to, those acts committed by force, intimidation, or the use of the victim's mental incapacity or physical helplessness.

Adjudication and Sanction

A student or employee charged with sexual misconduct can be disciplined under the university's conduct code and may be prosecuted under Virginia criminal statutes. Even if the criminal justice authorities choose not to prosecute, university officials can pursue disciplinary action which may result in dismissal from the university.

Retaliation

Retaliation is prohibited. The Compliance Officer will investigate any reported acts of harassment or intimidation, including any act of reprisal, interference, restraint, or penalty - overt or covert - against any student, faculty, or staff who is a party to a complaint or associated with the proceedings described in this policy, including witnesses and members of the Compliance Review Panel.

Records

All records pertaining to the conflict resolution phase and/or formal phase will be kept, in the case of members of the faculty and administrative employees in the Personnel Office, or in the case of students in the Office of Student Affairs, for a period of five years from the most recent finding of sexual harassment, except in cases where the accused is not found responsible for sexual harassment.

The university encourages all members of the university community to be aware of both the consequences of sexual misconduct and the options available to survivors. The university urges survivors to seek assistance using appropriate resources including Student Affairs Professionals.

Complaint Procedures

Informal Phase

Initially, effort should be made to resolve complaints informally whenever informal resolution appears possible. A person who feels he or she may have been sexually harassed may attempt to resolve the matter by informing the alleged offender of the unwelcome behavior or the person may so inform his or her own supervisor. If the alleged offender does not change the unwelcome behavior after being informed, or if the offended individual is uncomfortable about approaching the alleged offender directly or indirectly through his or her own supervisor, the procedures described below for filling a complaint are to be followed.

Conflict Resolution Phase

The President has appointed the Director of the Academic Success Center as the university's Compliance Officers, hereinafter referred to as the Compliance Officer. Faculty, staff, or students who feel they have been victims of sexual harassment are to contact the Shenandoah University Compliance Officer within six months following the last incident of the alleged unwelcome behavior.

The Compliance Officer and the complainant will hold a confidential interview to discuss the alleged unwelcome behavior. The Compliance Officer will also share information regarding the definition of sexual harassment and possible action that may be taken in response to the alleged unwelcome behavior. In the case where the accused was not informed that a behavior was unwelcome prior to the conflict resolution phase, it may be sufficient that upon being informed that the behavior was unwelcomed that the accused agrees to cease the behavior.

If the complainant determines that he or she wishes to take action, a verbal or written complaint is to be presented to the Shenandoah University Compliance Officer. The Compliance Officer will, within thirty working days, meet separately with the accused, the accuser, and such other persons deemed necessary to determine if there is reasonable cause for the complaint. The Compliance Officer will present resolution strategies separately to the complainant and the accused. Resolution strategies may range from the disposing of the case due to insufficient evidence, to action as may be warranted by the circumstances of the case. Ultimately, a mutually-satisfactory resolution will be sought among all parties involved, including the Compliance Officer, the accuser, and the alleged offender. To the extent the parties are able to achieve a satisfactory resolution of the problem or issue during this 30-day conflict resolution phase, the complaint will be considered resolved.

If a mutually satisfactory resolution cannot be achieved, the complaint either will be advanced to the formal phase, described below, or concluded upon the request of the accusing party.

The fact that a complaint of sexual harassment may be concluded at the request of the accusing party does not preclude the filing of a formal complaint by others, including appropriate University officials.

Formal Phase

Formal complaints of sexual harassment must be filed in writing with the Shenandoah University Compliance Officer under the following conditions: 1) mutually satisfactory conflict resolution was not achieved, and 2) the formal, written complaint must be filed within ten working days of the unsuccessful completion of the conflict resolution phase.

Upon receipt of a formal, written complaint, the Compliance Officer will, within ten working days, inform the accused in writing of the following: that a formal complaint of sexual harassment has been filed, the nature of the complaint, that a formal hearing is to be convened regarding the charges, the maximum disciplinary action that may be taken, and appeals processes. Within thirty calendar days from the day in which the accused was formally notified of the complaint against him or her, the Compliance Officer will convene the 4-person Compliance Office Review Panel for the purpose of hearing the alleged charges. The Compliance Officer serves as chair of the panel.

The Review Panel consists of (a) if the accused is a member of the faculty, the faculty member's department chair, another department chair, and the faculty member's Dean or Director; (b) if the accused is a student, the President of the Student Government Association, the Chair of the Education Policies Committee of the University Senate, and the Vice President for Student Affairs; and (c) if the accused is a staff employee, the employee's supervisor, another supervisor, and the Vice President for Administration and Finance.

To ensure an impartial panel, no member may have had prior involvement in the investigation of the complaint or be in a direct or indirect subordinate position to either party. Also, a panel member may remove him or herself from the panel for a particular case if he or she feels rendering of an objective decision is not possible due to a personal relationships with any of the parties involved. In such an event, the President shall appoint an appropriate member to the panel for hearing that particular complaint. Any panel member who cannot attend a particular hearing for a compelling reason must be replaced for that hearing by an appropriate member appointed by the President.

Hearings involving charges of sexual harassment will be closed to the University community-at-large and the public. In addition to the Compliance Review Panel, the complainant, and the accused, others present at the hearing may include: a) one advisor each for the complainant and accused, b) witnesses called by the complainant and the accused, c) witnesses called by the Compliance Review Panel, and d) legal counsel for either party. Legal counsel may not address the Compliance Review Panel, but may offer private consultation as the hearings proceed. Should the legal counsel for either party attempt to address the Compliance Review Panel, the process described herein is suspended. Ultimately, each party involved in the formal process has the right to bring an advisor, to call a reasonable number of witnesses, and to be present during the entire hearing. All persons attending must agree to maintain confidentiality regarding the proceedings.

The testimonies of both the complainant and the accused shall be heard by the Compliance Review Panel. The testimony of witnesses offered by the complainant and the accused will also be accepted. The Panel may also hear testimony from parties who may have relevant information for the case, but only after notifying the accused and the complainant at least three working days prior to the scheduled hearing as to the names of such parties. Evidence of prior disciplinary action involving allegations of sexual misconduct or sexual harassment of the accused may be considered by the Panel but the prior sexual activities of either the complainant or the accused which are not relevant to the issue before the Panel, as determined by the Compliance Officer, will not be admissible.

Findings, conclusions, and recommendations of the Panel must be based on a preponderance of the evidence presented and shall be the result of a majority vote of the Panel. In determining whether alleged conduct constitutes sexual harassment or other misconduct, the Panel will look at the facts and records of the case as a whole and at the totality of the circumstance, such as the nature of the sexual advance and the context in which the alleged incident or incidents occurred.

After hearings all of the evidence, the Panel shall deliver to the President and the accused its written findings of the facts, its determination of whether sexual harassment has occurred and its recommendation for a disposition of the case. If the accused is a student, FERPA regulations prevent disclosure of any discipline or penalty imposed.

If evidence supports the finding that sexual misconduct has taken place, the recommended disposition is to be appropriate and reasonable according to the merits of the case, and may include censure, probation, educational experience, separation (suspension) and/or dismissal.

Following review of the Panel findings and recommendations, providing no appeal is received from the accused or complainant, the President will decide the disposition of the case, which decision is final.

Appeal Process

If the accused or complainant believes he or she did not receive a fair hearing or disagrees with the finding of fact or recommended disposition, the accused may request in writing a review of the case by the Appeals Panel. Except when the Review Panel recommends dismissal of a faculty member holding tenure or the equivalent professional contract, the Appeals Panel shall consist of a Dean or Director appointed by the President, the Chair of the Faculty Affairs Committee of the University Senate and the Vice President for Academic Affairs. When the Review Panel recommends dismissal of a faculty member holding tenure or the equivalent professional contract, the Appeals Panel shall consist of the Chair of the Faculty Affairs Committee of the University Senate, the President of the University Senate, and the Vice President for Academic Affairs. The procedure for substitution to the Compliance Review Board shall apply to the Review Panel.

The written request for a review must be submitted to the Compliance Officer within five working days following notification of the findings and recommendation of the Compliance Review Panel. The Appeals Panel shall complete its review of the findings and recommendation within thirty calendar days, by which time the Appeals Panel shall make a written report to the President. Following review of the report of the Appeals Panel, the President will decide the disposition of the case, which decision is final.