Young Harris College      Young Harris College Employee Handbook
Policy

Sexual and Other Unlawful Harassment

The College prohibits sexual harassment and harassment based upon race, color, national origin, ancestry, religion, physical or mental disability, veteran status, sex, age, genetic information, gender identity or expression, or any other basis protected by federal, state, or local law.

Sexual Harassment Defined
Applicable law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature when: (1) submission to the conduct is made a term or condition of employment; or (2) submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or (3) the conduct has the purpose or effect of unreasonably interfering with the Employee's work performance or creating an intimidating, hostile, or offensive working environment. This definition includes many forms of offensive behavior. The following is a partial list of examples:

  • Unwanted sexual advances;
  • Offering employment benefits in exchange for sexual favors;
  • Making or threatening reprisals after a negative response to sexual advances;
  • Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects, emails, pictures, cartoons, or posters or sending sexually suggestive emails;
  • Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words used to describe an individual, epithets, slurs, sexually explicit jokes, or suggestive or obscene emails, letters, notes, or invitations;
  • Sexual advances or propositions;
  • Physical conduct such as assault, unwanted touching, or impeding or blocking movements; and
  • Retaliation for reporting harassment or threatening to report harassment.

It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves coworker harassment, harassment by a Supervisor, or harassment by persons doing business with or for the College

Other Types of Harassment
Prohibited harassment on the basis of race, color, national origin, ancestry, religion, physical or mental disability, veteran status, sex, age, genetic information, gender identity or expression, or any other protected basis, includes behavior similar to sexual harassment, including, but not limited to:

  • Verbal conduct such as threats, epithets, derogatory comments, or slurs;
  • Visual conduct such as derogatory posters, photographs, cartoons, drawings, objects or gestures and sending or displaying derogatory emails;
  • Physical conduct such as assault, unwanted touching, or blocking normal movement; and
  • Retaliation for reporting harassment or threatening to report harassment.

Complaint Procedure
The College's complaint procedure provides for a prompt, thorough, and objective investigation of any claim of unlawful or prohibited harassment, appropriate disciplinary action against one found to have engaged in prohibited harassment, and appropriate remedies for any victim of harassment. A claim of harassment may exist even if the Employee has not lost a job or other employment benefit.

If you believe you have been harassed in connection with your job, or if you are aware of the harassment of others, you should provide a written or verbal complaint to your Supervisor, to any other Supervisor or to the Human Resources Director as soon as possible. Your complaint should be as detailed as possible, including the names of individuals involved, the names of any witnesses, direct quotations when language is relevant, and any documentary evidence (notes, pictures, cartoons, et cetera).

In addition, employees may call the "Campus Conduct HotlineTM"to report complaints.

All incidents of prohibited harassment will be investigated promptly. The College will make a thorough and objective investigation of the harassment allegations. A determination regarding the reported harassment will be made and communicated to the Employee who complained and to the accused harasser(s). If the College determines that prohibited harassment has occurred, the College will take appropriate remedial action. Appropriate action will also be taken to deter any future harassment. If a complaint of prohibited harassment is substantiated, appropriate disciplinary action, up to and including discharge will be taken and communicated to the Employee who complained.

Whistleblower Provision
The College also prohibits retaliation against any Employee by another Employee or by the College for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by a governmental enforcement agency.

Liability for Harassment
Any Employee of the College, whether a coworker or Supervisor, who is found to have engaged in prohibited harassment is subject to disciplinary action, up to and including discharge from employment. Any Supervisor or Manager who knew or should have known about harassment and took no action to stop it or failed to report the harassment to the Human Resources Director may also be subject to discipline up to and including discharge. The College does not consider conduct in violation of this policy to be within the course and scope of employment or the direct consequence of the discharge of an Employee’s duties. Accordingly, the College reserves the right not to provide a legal defense or pay damages assessed against Employees for conduct in violation of this policy.

Training
Sexual Harassment training is conducted with all new hires as part of their new employee orientation and every two years for the campus at large. Key Students, Resident Assistants, and Camp Counselors are subject to this training as well.


Policy No.  703  Issued  3/1/2009  Applicable  10/1/2011   Revision Date   8/1/2016

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