Sexual Harassment and Sexual Violence
The procedures for reporting, investigating and adjudicating a claim of sexual harassment are provided below.
Statement of Policy
Bethune-Cookman University is committed to maintaining an educational and working environment free from unlawful sexual harassment and violence. Sexual harassment by any employee or student is prohibited and will not be tolerated. Persons violating this policy will be subject to disciplinary action which may include, but not limited to, written warning, demotion, transfer, suspension, expulsion, dismissal, or termination.
No faculty member, employee, or student shall unlawfully sexually harass or commit sexual violence against another faculty member, employee, or student, nor shall any faculty member, employee, or student sexually harass or commit sexual violence against any person with whom they have contact in connection with their employment or academic pursuits. No faculty member, employee, or student shall threaten another current or prospective faculty member, employee, or student by stating, suggesting or otherwise indicating that said individual’s refusal to submit to sexual advances will result in adverse job or academic action. No faculty member, employee, or student shall promise or give a current or prospective faculty member, employee, or student any benefit in return for submission to sexual advances or granting sexual favors. Any employment or academic decisions carrying out such threats or promises are likewise prohibited.
For purposes of this policy, “sexual harassment and sexual violence” is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or violence of a sexual nature, when:
- Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic success;
- Submission to or rejection of the conduct by an individual is used as a basis for employment or academic decisions affecting the individual; or
- A reasonable person would find that the conduct has the purpose or effect of interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive work or academic environment.
For purposes of this policy, “sexual harassment or sexual violence” also includes assault or rape or other similar actions which are unlawful pursuant to the state and federal law.
Examples of conduct which can constitute sexual harassment or sexual violence include such things as:
(a) sexual flirtation, advances, or propositions;
(b) sexually explicit statements, questions, or jokes;
(c) displays of sexually explicit material (whether audio or visual);
(d) inappropriate personal comments, staring, or touching;
(e) remarks of a sexual nature about a person’s body, clothing, or sexual behavior; or
(f) direct or implied threats that submission to sexual advances will be a condition of employment,
promotion, or academic advancement. The foregoing list is intended to be illustrative
rather than exhaustive.
(g) Any violent physical act or non-consensual sex with another party.
Every effort will be made by the University to conduct the investigation privately. The University may decide to convene a committee or utilize a designated investigator. If a committee is convened, it may exclude any third parties (including without limitation, any representatives, agents, legal counsel, family members, or character witnesses) from interviews, meetings and the like in order to maintain confidentiality where appropriate. Although the University will maintain confidentiality to the greatest extent possible, the University reserves the right to conduct such investigations as it deems appropriate, and to provide all affected parties an opportunity to respond to the complaint. Accordingly, the University cannot assure complete confidentiality, the University shall thoroughly investigate the complaint and shall issue a written report from the committee or investigator, including any recommended actions or sanctions, to the Office of the President. The Office of the President shall make a final decision as to any actions or sanctions to be taken in response to the complaint.
Any failure to comply with the terms of this policy or cooperate with the Committee or University’s investigation, and any interference with the execution of the policy or the University’s investigation, will subject the employee, faculty member, or student to disciplinary action, up to and including dismissal, termination, or expulsion from the University.
Sanctions against a person found guilty of sexual harassment will necessarily depend upon the circumstances of each case. As noted above, however, any faculty member, employee, or student violating this policy will be subject to disciplinary action, up to and including dismissal, termination, or expulsion.
Any employee or student who wishes to appeal a sanction imposed for violation of this policy may utilize the appeal procedure set forth in the Employee Grievance Procedure policy. A faculty member who wishes to appeal such a sanction may utilize the appeal procedure set forth in the Faculty Grievance Procedure policy.
Protection against Retaliation
Individuals who, in good faith, report sexual harassment of themselves or others, or who present evidence in a sexual harassment investigation, shall not be subject to any retaliatory employment or academic action. Such acts of retaliation constitute violations of this policy, and should be reported as set forth above.
The Director of Compliance is designated by the University to coordinate its efforts to comply with Title IX, EEOC and works with the Office of Human Resources Management to implement and enforce other equal opportunity and affirmative action regulations and laws. Questions or concerns about Title IX, EEOC or other aspects of the College’s equal opportunity or affirmative action or harassment policy should be directed to:
Director of Compliance
Asst. Director of Human Resources Management
Associate Vice President-Dean of Students
For athletic inquiries regarding Title IX, the contact is:
Associate Director of Athletics & Senior Woman Administrator