Grinnell College has a duty to maintain a work and study environment free from discrimination and sexual harassment. Grinnell College will act where necessary to eliminate these practices and to remedy their effects. Discrimination and sexual harassment as subjects of state and federal antidiscrimination statutes violate the law and violate the policy of Grinnell College.
[Note: Italicized words or phrases may be found in the Glossary at the end of the document.]
Individuals should exercise great care to make sure that the letter and spirit of the EEOC guidelines concerning the atmosphere of the work place are followed. In particular, the parties to a sexual relationship should be aware that such relations often create general conflicts of interest and the fear among coworkers of unfair treatment. The parties should also be aware that others in the work place may be prompted to file a complaint of conflict of interest or, under EEOC, of adverse effect to the environment of the work place.
General Policy Concerning Consensual Sexual Relations
When there is no supervisory relation between students, or between members of the faculty, or between faculty and staff members, or between staff members, any recommendations by the college concerning consensual sexual relations would constitute an unacceptable invasion of privacy.
Even when there are supervisory relations, no institutional mission exists which would pre-empt individual rights to privacy. But anyone who engages in a sexual relationship with a person over whom he or she has supervisory authority must understand that the fullness of the consent involved in the relationship might be questioned at some point.
Policy Concerning Sexual Relations Between Members of the Faculty and Students
Unlike relationships where no basic institutional interests are at stake, such as those between members of the faculty or between members of the faculty and the administrative staff, relationships between teachers and students should be informed by the goals of Grinnell College as an institution of higher education. It is important that both students and members of the faculty seek to avoid otherwise perfectly licit sexual relations which may undermine the common educational goals defining the College. Both teachers and students are generally expected to maintain professional, non-sexual relations with each other.
When a member of the faculty is in a position to evaluate or supervise a student, sexual relations are unconditionally unacceptable. When such a supervisory relationship is present, sexual relations between a member of the faculty and a student are clearly detrimental to the educational process and to an environment free of favoritism and the appearance of favoritism.
Even when no supervisory relationship is present, sexual intimacy between a student and a member of the faculty can be detrimental to the ideal of a professional educational environment.
Although the initiator of a sexual relationship between a student and a member of the faculty may not be the member of the faculty, it is the institutional responsibility of the member of the faculty to deal in a professional manner with such a situation at its inception. Moreover, a member of the faculty against whom a student makes a complaint of sexual harassment may find it difficult, because of the difference of status between the two persons, to prove that the relationship at issue was a fully consensual one.
The following procedures have been written to address allegations of discrimination on the basis of race, color, religion, gender, national origin, age, disability, sexual orientation; or sexual harassment. Complaints may be filed by Grinnell College faculty, students, administrative, support staff members, and members of the bargaining unit against a student, faculty member, administrative, or support staff member, or member of the bargaining unit.
Section A: Contacting the Appropriate Senior Official
Prior to making a formal complaint, the appropriate senior official should be contacted. The employment status of the respondent determines which senior official has responsibility to investigate. Thus, for complaints against a faculty member, the Dean of the College acts as the senior official. For complaints against administrative members, support staff members, or members of the bargaining unit, the Director of Human Resources is the senior official.
If the complaint is against a student, the complainant
should contact the Dean for Student Life. The Associate Dean
will either outline the procedures of the College Hearing Board
which hears cases where a student has allegedly violated the rights
of a faculty/staff member or the "Grievance Procedures"
in the Student Handbook which apply when both the
complainant and respondent are students.
The senior official refers to either the Director of Human Resources (administrative or support staff, members of the bargaining unit, and dining services staff) or the Dean of the College (faculty). The employment status of the respondent determines which senior official has responsibility to investigate. If the complainant is a student, the employment status of the respondent will determine the senior official, and the Dean for Student Life or his or her designee will provide advice and guidance to the student. This, and other definitions are provided in the Glossary section at the end of this document.
Should a faculty member, administrative or support staff member, or student consider filing a complaint against the senior official with whom they would otherwise consult, they should approach the other designated senior official.
Section B: Advice & Guidance Before Filing a Complaint
A faculty, administrative or support staff member who believes he or she is being subjected to discrimination or sexual harassment is encouraged to seek advice and guidance from the appropriate senior official. The senior official will provide the person seeking advice and guidance with a copy of this document. A student who believes he or she is being subjected to discriminatory conduct or sexual harassment is encouraged first to seek advice and guidance from the Associate Dean of Student Affairs or his or her designee.
The person seeking advice and guidance should review this document carefully. He or she may prefer to contact personally, and discuss his or her concern with, the other party involved in an attempt to informally resolve the concern. The senior official will confirm, in writing, that the person seeking advice desires to proceed informally. The senior official will follow-up with the person to ensure that the informal resolution has been successful.
Faculty members, vice-presidents, administrative department heads, supervisors, residence life coordinators, the Dean, Associate Dean, and Deans for Student Life are required by college policy, to report to the appropriate senior official incidents of discrimination or sexual harassment reported to or observed by them. None of the individuals listed here should convey the report of such an incident to the accused or conduct any investigation. All parties are bound by the confidentiality provisions of this policy. All members of the campus community are encouraged to report to the appropriate senior official incidents of discrimination or sexual harassment. Exceptions to this policy are the Chaplain and the Director of the Health Center, who are considered confidential advisors.
Section C: Decision To File A Complaint
If after consulting with the senior official or Dean for Student Life, the faculty, administrative, or support staff member, or student decides to proceed with filing a complaint he or she will provide the appropriate senior official with a written description of the alleged discrimination or sexual harassment, specifically referring to the section of the policy definition he or she believes has been violated. Presenting the complaint as promptly as possible after the alleged discrimination or sexual harassment occurs is encouraged.
Section D: Complaint Accepted For Investigation
1. If the senior official accepts the complaint for investigation, he or she will provide confidential written notice of receipt of a complaint, as appropriate either to the president, to a member of the president's staff, to the Chair of the Faculty, or to the Dean for Student Life, in whose area the respondent reports. The notice will clarify the nature of the complaint and identify both the complainant and respondent.
2. The senior official will meet with the respondent and provide him or her a copy of the complaint and a copy of the college's policy and complaint resolution procedures.
The respondent will be advised that any retaliatory action taken against the complainant during or after the investigation will subject the respondent to disciplinary action.
The respondent must provide to the senior official, within five working days of the date of meeting, a written response to each of the allegations outlined in the complaint. If no response is received within the deadline stipulated the complaint will be considered as verified, and the matter referred to the president for disposition.
3. The complainant and respondent each may have an adviser from the college community assist in further actions taken under this policy. The adviser's role is to help the complainant or respondent prepare his or her case, advise on the procedural aspects of the matter, and to be a nonparticipating supporter at any hearing which may occur. The complainant and respondent are expected to speak for themselves, to present their own cases, and to ask and answer questions.
4. The senior official will provide a copy of the respondent's response to the complainant.
5. The senior official may meet with the complainant or respondent
individually or may schedule a meeting(s) of both the complainant
and the respondent to discuss the complaint and response. Neither
the complainant nor the respondent will be required to meet with
the other unless the senior official is present.
6. The senior official may interview other individuals he or she
identifies or who are identified by either the complainant or
the respondent as having information pertinent to the complaint.
If the senior official determines that the complaint is of such
sensitivity or complexity that assistance may be needed, the official
may utilize the Hearing Board assistant of the College Hearing
Board. The assistant's role is to meet with the complainant, respondent,
and any witnesses they may name, to prepare a report for the use
of the senior official.
7. The purpose of the investigation is to establish whether there is a basis for believing that the alleged violation of this policy has occurred. The senior official will prepare a written report for the president based on the complaint, the response (or failure to respond), interviews with the complainant and respondent, and other interviews conducted or materials gathered. The report will include either a finding of discrimination or sexual harassment and a recommendation regarding disciplinary action, or a finding of no discrimination or sexual harassment.
Section E: Complaint Not Accepted For Investigation
1. If upon receipt of the complaint the senior official determines that the allegation outlined in the complaint does not meet the definition of discrimination or sexual harassment he or she will provide written notice to the complainant that he or she does not intend to investigate the complaint. The written notice will clarify the reason the complaint has been rejected for investigation. The president will receive a copy of this communication.
2. The complainant, within five working days of the date of notice, may ask to meet with the president to discuss the decision of the senior official. If the complainant provides the president new or additional information regarding his or her complaint the matter will be referred to the senior official who will reconsider the case.
3. The president may accept the decision of the senior official, or request an investigation by a specially designated senior official. The president will provide written notice of his or her decision to the complainant and to the senior official.
Section F: Finding Of Sexual Harassment Or Discrimination
1. When the senior official writes a finding of discrimination or sexual harassment he or she will provide written notice of such finding to the complainant, respondent, and president on the same day.
Should a minor sanction such as an oral or written reprimand be possible against a faculty member, the faculty member may appeal the matter on substantive or procedural grounds to a committee composed of the Executive Council faculty members; the Chair of the Faculty will serve as chair. This Executive Council committee will report its recommendations to the Dean of the College. The Dean will make a written finding to be submitted to the president.
Before imposing a sanction such as probationary status, ineligibility for raise, suspension without pay, or dismissal in a case where an administrative or support staff member is the respondent, the president will advise that employee in writing of his or her right to request that the Discrimination and Sexual Harassment Hearing Board be convened, which will consider the matter on substantive or procedural grounds.
The Discrimination and Sexual Harassment Hearing Board's voting chair shall be the faculty member who chairs the College Hearing Board. The Board will be composed of five voting members. Members will be appointed on an "as needs" basis. The president will appoint persons, excluding students, who have not previously been directly involved in the case: one representative from Student Affairs, one member of the executive administration, one each from the employee group (administrative or support staff) of the complainant and the respondent.
The Discrimination and Sexual Harassment Hearing Board will review the written complaint and written response. It will interview the senior official who conducted the investigation. It will interview the complainant and respondent. It will review the findings and recommendation for discipline sent to the president by the senior official. The proceedings of the board are closed to all persons except those directly involved. The chair will maintain a record of the proceedings.
The Discrimination and Sexual Harassment Hearing Board will submit a written report to the president which reflects its findings and if appropriate its recommendation regarding disciplinary action. The president may accept, modify, or reject the finding or recommendation of the Discrimination and Sexual Harassment Hearing Board.
2. The president may accept, modify, or reject the finding or recommendation of the senior official. The President will provide written notice of his or her decision to the complainant, respondent, and senior official.
3. The president will provide written notice to the respondent of any disciplinary action. The specific details of disciplinary action taken against a respondent will not be provided to the complainant. A copy of the president's letter regarding any disciplinary action will be made part of the respondent's personnel file.
4. The senior official will notify the appropriate member of the president's staff, Chair of the Faculty, or Dean for Student Life of the president's final decision.
Section G: Finding Of No Discrimination or Sexual Harassment
1. When the senior official writes a finding of no discrimination or no sexual harassment, he or she will provide written notice of such finding to the complainant, respondent and the president on the same day. The complainant, within five working days of the date of notice, may ask to meet with the president to discuss the decision of the senior official. If the complainant provides the president new or additional information or procedural irregularities regarding his or her complaint the matter will be referred to the senior official who will reconsider the case.
2. The president may accept, modify or reject the finding or recommendation of the senior official. The president will provide written notice of his or her decision to the complainant, respondent, and senior official.
3. The senior official will notify the appropriate member of the president's staff, Chair of the Faculty, or Dean for Student Life of the president's decision.
Section H: Retaliation
Complaints of retaliation should be filed with the appropriate senior official. The complaint must include detailed information regarding the allegation sufficient to allow for a complete investigation. The senior official will follow steps 1-7 outlined under "Complaint Accepted for Investigation."
Adviser is any person from the college community from whom the respondent or complainant has requested assistance and support during the process of the complaint handling from beginning to end.
Bargaining Unit includes the employees of the Department of Facilities Management who are represented by Teamsters Local 90, excluding the administrative and support staff members.
Complainant is a person filing a complaint alleging discrimination or sexual harassment as defined in this college policy.
Complaint refers to a written document alleging discrimination or sexual harassment. The written document must be specific enough to identify and permit communication with the party submitting it, should detail the facts upon which the complaint is based (including time, date, location, and any relevant witnesses), and should identify the person whose actions form the basis of the complaint.
Discrimination and sexual harassment may be reported even if the complaining employee or student is not a specifically intended target of the conduct.
Confidentiality is difficult, if not impossible, to maintain when investigating such complaints, since the very process of investigation requires that the complaint and issues involved be discussed with individuals other than the complainant and respondent. All parties will be advised of the need to maintain confidentiality regarding the information discussed with the senior official. The content of the complaint and issues involved will be discussed by the senior official on a "need to know basis". The senior official will discuss the complaint, issues involved, finding and disciplinary recommendation with the college's legal counsel prior to submitting them to the president. Written notice to either the complainant or respondent will either be personally delivered or mailed to the faculty, administrative or support staff member's home address. Notice to students will be mailed to a student's campus address.
Disciplinary action taken by the president against a false claimant, or against a respondent when a finding of discrimination or sexual harassment is accepted by the president, may involve but is not limited to: issuing a written warning, invoking probationary status for a given period of time, requiring participation in approved sensitivity training relating to the issues involved in the complaint, denying salary increases, demoting, suspending without pay, and terminating employment.
Discrimination denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age, disability, or sexual orientation. Discrimination has the purpose or effect of creating an intimidating, hostile, or offensive work environment, or living environment, or studying environment. Discrimination has the purpose or effect of substantially interfering with an individual's work performance, or educational performance, or opportunities.
Discrimination and Sexual Harassment Hearing Board refers to a review board which can be named by the president, upon request of a respondent, who is not a faculty member, for purposes of reviewing the complaint, response, and finding of the senior official. The Discrimination and Sexual Harassment Hearing Board's voting chair shall be the faculty member who chairs the College Hearing Board. The Board will be composed of five voting members. Members will be appointed on an "as needs" basis. The president will appoint persons, excluding students, who have not previously been directly involved in the case: one representative from Student Affairs, one member of the executive administration, one each from the employee group (administrative or support staff) of the complainant and the respondent.
False Claim a complaint found to have been intentionally dishonest in the contents of a complaint of discrimination or sexual harassment or a complaint found to have been made maliciously.
False Claimant a person who filed a false claim. Such false claimant is subject to disciplinary action as outlined above. (See Disciplinary Action)
Respondent is a person charged with a complaint of discrimination or sexual harassment as defined in this college policy.
Retaliation in the workplace or classroom consists of activities such as the following: disciplinary demotion or termination; unjustified evaluation, reports, or grades; suspensions with or without pay; loss of normal work or class assignments; denial of access to information; demonstrating a pattern of oppressive supervision; setting of special conditions of employment or study that are not applied to other employees or students; extension of probationary period; denial of customary commendation letters; and untrue statements to prospective employers or institutions of higher education.
Senior Official refers to either the Director of Human Resources (administrative, support staff, members of the bargaining unit, and dining services staff) or the Dean of the College (faculty). The employment status of the respondent determines which senior official has responsibility to investigate. If the complainant is a student, the employment status of the respondent will still determine the senior official, and the Dean forStudent Life or his or her designee will provide advice and guidance to the student.
If the respondent is a student, the complainant should contact the Dean for Student Life. The Associate Dean will either outline the procedures of the College Hearing Board which hears cases where a student has allegedly violated the rights of a faculty/staff member or the "Grievance Procedures" in the Student Handbook which apply when both the complainant and respondent are students.
If a complaint of discrimination or sexual discrimination is filed by a student against a student, the document "Grievance Procedures For Harassment Complaints Of A Student By A Student" outlines the applicable procedures (copies are available from the offices of the Dean or Dean forStudent Life).
The president reserves the right to designate an appropriate member of the college community as a "specially designated senior official" in place of either of the above senior officials in the event of conflict of interest or unusual circumstances.
Sexual harassment includes any unwelcome sexual advance,
request for sexual favor, or conduct of a sexual nature when:
1. submission to such conduct is made either explicitly or implicitly
a term or condition of employment or obtaining an education; or
2. submission to or rejection of such conduct by an individual is used as a factor in affecting that individual's employment or education; or
3. such conduct has the purpose or effect of substantially interfering with an individual's employment or education, or of creating an intimidating, threatening or hostile employment, living, or educational environment.
Sexual harassment may involve the behavior of a person of either gender against a person of the opposite or same gender.
Support Staff includes all non-exempt personnel, dining services staff, and members of the Facilities Management bargaining unit.