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SEXUAL HARASSMENT

WHAT IS SEXUAL HARASSMENT?

Sexual harassment is the conduct of a sexual nature that makes someone uncomfortable or embarrassed. When submission to that unwelcome conduct is made a condition of your employment, interferes with your ability to do your job, or creates a hostile, intimidating work environment - sexual harassment is illegal. Even if the person who acted in such a way did not intend to offend or intimidate, such conduct is still illegal sexual harassment.

Sexual harassment is a form of sex discrimination. It can take place in the classroom or workplace and is a violation of state and federal laws as well as College policy.

Sexual harassment may involve behavior by a person of either gender against a person of the same or opposite gender.

A key word in determining whether actions are considered harassment is "unwelcome."

Unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct, or written communication of a sexual nature are sexual harassment when:

The submission of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational experience.
The submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting such individuals.
Such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic performance, or participation in extracurricular activities or creating an intimidating, hostile, or offensive working or learning environment.

TYPES OF SEXUAL HARASSMENT

The EEOC and courts have defined two types of sexual harassment.

Quid Pro Quo (exchange something for something)
This is when submission to or rejection of sexual advances is used as a basis for employment decisions such as pay increases, hiring or firing, promotions, or performance appraisals. Even if the employee submits to the sexual demand at one point and refuses to another, he or she may still complain of sexual harassment.
Hostile Environment
A hostile environment is a work environment created by repeated, or extreme unwelcome behavior of a sexual nature that is hostile, and intimidating, and that adversely affects an employee's ability to do his or her job. These may include: displaying calendars, graffiti, sexual objects, or pictures; regular or persistent use of offensive language, jokes, suggestions of a sexual nature, gestures, or comments.

COMMON FORMS OF SEXUAL HARASSMENT

Specific behaviors that may constitute sexual harassment under the EEOC guidelines include:

Physical:

Unwanted touching, holding, grabbing, hugging, patting, fondling, kissing, or pinching
"Accidental" collisions or brushing up against
Physical assault
Sexual assault

Verbal:

Offensive jokes or language
Threats
Comments and questions about a person's sexual behavior
Conversations filled with sexual innuendo and double meanings
Comments about a person's body
Suggestions of a sexual nature

Non-Verbal/Mental/Behavioral:

Offensive gestures or motions
Staring at a person's body
Leaning over someone at a desk
Displaying or circulating sexually suggestive cartoons, letters, or pictures
Leering
Other sexually-oriented behavior

Whether the conduct is actually lawful depends upon if the behavior was pervasive, severe, or unreasonably interferes with the victim's work or academic performance.

RESPONDING TO SEXUAL HARASSMENT:
What You Can Do
Stopping sexual harassment starts with taking action. It is your responsibility to respond promptly and appropriately if it happens to you or someone you work with. If you are a victim of unwanted sexual attention or behavior:

Respond by making your feelings known. Calmly tell the harasser that the comments or behavior are unwanted and that you want them to stop. Responding quickly to unwelcome behavior is the best way to prevent sexual harassment from escalating.

Talk to others in your work area. Chances are others are being harassed. By doing this, you will gain support and additional information as well.

Record the specifics of the incident including the time, place, and others that may have witnessed the behavior or your reactions. Write down the exact words or actions that were used.

Report the harassment according to the College's policy (to the Equal Employment Opportunity and Affirmative Action Office or to your supervisor).

WHAT ARE YOUR OPTIONS?

With your immediate supervisor, department head, or appropriate Vice President for your area.
With the Equal Employment Opportunity/Affirmative Action Office
With a federal agency authorized by law to investigate your claims (i.e. EEOC)

WHAT WILL THE OFFICE OF EEO/AA DO?
Once a complaint has been filed with the College's Office of EEO/AA, the complaint may choose to proceed by either mediation informal procedures) or investigation (formal written complaint).

Mediation - The primary objective of the mediation process is to resolve the complaint quickly and confidentially. The Office of EEO/AA encourages complainants to participate initially in the mediation process. Once the complaint has been made, the Office of EEO/AA will attempt to resolve the complaint through counseling, mediation, warning the harasser, or by taking other appropriate action.

Investigation - The investigative procedures involves full disclosure to the alleged harasser concerning the complainant, an investigation of the complaint by the Office of EEO/AA and a resolution. The statements of the complainant, the charged party, and witnesses become part of a written record that may be used as documentation for corrective action.

The complaint may be determined to be:

Founded - the incident occurred as charged
Unfounded - the incident is not harassment
Inconclusive - there is insufficient evidence to make a ruling either way. This may occur when those involved give conflicting stories or there are no eye witnesses.

If the case was determined to be founded, appropriate sanctions and corrective actions will be issued to the offender such as:

Apology to the victim
Written warning
Probation
Transfer
Suspension
Loss of seniority
Termination of employment of the harasser
Other appropriate actions

Severity of the discipline will be determined by a number of factors, including the nature and severity of the offense, and whether or not it is a repeat offense.

DO YOUR PART IN PREVENTING HARASSMENT

Learn to recognize sexual harassment
Respond immediately to inappropriate behavior
Know the College's policy on sexual harassment
Always think about how others may feel before you speak or act
Always display a professional attitude
Treat your co-workers with respect and dignity

SEXUAL HARASSMENT POLICY

Purpose
To create an academic and working environment free of sexual harassment and to establish a policy for handling sexual harassment issues, including procedures for resolution of allegations of sexual harassment or sexual assault.

Accountability
Under the direction of the President, the Director of Equal Employment Opportunity and Affirmative Action shall ensure compliance with this policy. The Director of EEO/AA, in conjunction with the Deans and Vice Presidents, shall implement this policy.

POLICY

Definition
Sexual Harassment - Unwelcome or unwanted sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

Submission to or rejection of such conduct is made implicitly or explicitly a term or condition of an individual's employment, study, or participation in College sponsored activities;
Submission to or rejection of such conduct is used as a basis for decisions affecting individual's employment, study, or participation in College sponsored activities; or
Such verbal or physical conduct has the purpose or effect of substantially interfering with an individual's academic or work performance or creating an intimidating, hostile, offensive or demanding academic or working environment.
Examples of behavior which may be considered sexual harassment include but are not limited to:

Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion or grades;
Direct propositions of a sexual nature;
Sexually explicit statements, questions, jokes or teasing;
Unnecessary touching, panting, hugging or brushing against a person's body;
Remarks of a sexual nature regarding a person's clothing, body, sexual activity, previous sexual experience, or sexual orientation;
Repeated requests for dates or social interaction made through verbal requests, notes, telephone calls, facsimiles, e-mail, etc.;
Visual displays of inappropriate sexual images; and
Attempted or actual incidents of sexual assault

Requirements
The Community College of Philadelphia is committed to creating and maintaining a working and learning environment for all faculty, staff, and students, which is free of objectionable, disrespectful, and harassing conduct or communication of a sexual nature, which creates an intimidating, hostile, threatening or offensive working or learning environment.

The College views all forms of sexual harassment and all attempts to commit such acts as a serious offense and will impose disciplinary action including expulsion, required withdrawal, suspension or termination.

The College is committed to maintaining an environment free from sexual harassment toward visitors. Sexual harassment behavior by employees or students toward visitors will not be tolerated by the College and will be addressed by this policy.