Harassment Prohibition

Effective collegial working relationships must be based on mutual respect in an atmosphere free of racial, ethnic, religious, sexual or other harassment. Any employee or student exhibiting such behavior, whether explicit or implicit, may be in violation of Title VII of the Civil Rights Act. Such behavior will not be condoned. Examples of unacceptable behavior include insults, derogatory remarks, jokes, unsolicited and undesired sexual advances and verbal or physical threats or suggestions which could be considered offensive on the basis of racial, ethnic, sexual or religious content.

As stated in the Nondiscriminatory Policy Statement, it is the intent of Guilford to prevent discrimination affecting any job applicant, employee or student based on race, creed, color, religion, national or ethnic origin, gender, sexual orientation, military service, age or disability. The college further intends for the environment of this community to be free of any intimidation or sexual or other discriminatory harassment of job applicants, employees or students. The college views discriminatory conduct as a very serious matter and any student who violates this policy will be subject to disciplinary action, up to and including dismissal, whether such conduct occurred on or off-campus.  Federal and state law prohibits sexual or other discriminatory harassment.Harassment or intimidation of students will result in disciplinary action that may include verbal or written warnings, probation, suspension or dismissal. The severity of the discipline will be determined by the seriousness of the incident.

A grievance is any claimed violation, misinterpretation or inequitable application of policies, procedures or work rules of the college. Every member of the community has the right to present his or her grievance free from interference, coercion, restraint and discrimination or reprisal. To the fullest extent practicable, the college will keep complaints and the nature of the resolution of complaints confidential. However, under the college's policies and procedures, such complaints may be subject to review by an appropriate hearing body. Any form of retaliation against an employee or student who has complained about sexual or discriminatory harassment is strictly prohibited.

Sexual Harassment

Sexual harassment of job applicants, employees or students at Guilford is defined as unwelcome sexual advances, requests for sexual favors or other physical or verbal conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education.

2. submission to or rejection of such conduct is used as a basis for academic or employment decisions or assessments affecting the individual.

3. such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating, hostile, offensive or demeaning work or educational environment.

4. in third-party situations, the third party is offended by the conduct or communications that occur between others that a reasonable person would find offensive.

Types of Harassment

There are two basic categories of sexual harassment:

1. Quid Pro Quo Harassment is any action in which submission to conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual's education or employment, or in which submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting that individual.

2. Hostile Environment Harassment is any action, verbal expression, repeated or persistent or series of actions or expressions that is reasonably perceived as creating an intimidating, offensive, hostile, or demeaning educational, employment, or living environment for a student or college employee, by focusing on that person's gender or sexual orientation. A hostile environment is one that interferes with an individual's ability to participate in all and any aspects of academic, professional, or residential campus life.

Prohibited acts of sexual or other discriminatory harassment may take a variety of forms. Sexual or discriminatory harassment can range from subtle pressure for sexual activity to physical assault. Examples of the kinds of conduct prohibited by this policy include, but are not limited to:

1. verbal sexual advances or threats or intimidation for sexual relations or sexual contact that is not welcome: sexually explicit derogatory statements or verbal abuse of a sexual nature, including graphic commentaries about a person's body; using sexually degrading words to describe an individual; propositions of a sexual nature; unwanted comments or inquiries about dating, marital status, sexual activities, or sexual orientation; patronizing remarks (i.e. little girl, boy, referring to an adult as "girl," "boy," "hunk," "doll," "honey," "sweetie," "women's work"); starting or spreading rumors; whistling, hooting, kissing noises.

2. visual examples: gestures that are insulting or belittling; circulating or displaying written or pictorial material that is offensive or belittling (pictures, jokes, cartoons, posters, or reading material); offensive manner of communication (e.g. leering, lewd gestures, body positioning - blocking a person's path, eye contact that is intimidating, ogling or staring at body parts, making facial expressions); notes and letters of a personal nature which are sexist, degrading, intimidating, or offensive; wearing inappropriate or sexually suggestive clothing.

3. physical examples: unwanted physical contact: hugging, kissing, patting, stroking, pinching or grabbing, rubbing one's self around another person, brushing against a person; touching the person's clothing, hair or body; giving a massage around the neck or shoulders; revealing parts of the body in violation of common decency; persistent following (stalking); persistently disrupting an individual's work, work space, or equipment, or interfering with his or her personal property; flirtation between a superior and subordinate which is disruptive to the work environment (See policy on Consensual Relationships); physically forcing sexual activity on someone including any form of assault or rape; physical violence or any means of intimidation to discourage employees from pursuing complaints including retaliatory acts based on an employee having filed a charge of harassment.

Consensual Relationships

Consensual sexual relationships outside the marital or committed partner relationship are prohibited when they occur between members of the teaching staff or administrators and students or between a supervisor and an employee. A professional power differential exists in these situations in terms of the influence and authority that the one can exercise over the other.

Other Forms of Harassment

Guilford is committed to providing a work and study environment that is safe, fair and free from discrimination for all members. Under the Nondiscriminatory Policy Statement, Guilford rejects discrimination on the basis of race, creed, color, religion, national or ethnic origin, gender, sexual orientation, age, or physical or mental disability. Conduct or action that is based on a person's race, color, ethics, religious affiliation or sexual orientation creates a hostile environment that prevents effective learning or work performance, and it is in opposition to a campus environment free of harassment.

Reporting Harassment: Procedural Steps for Students

Cases involving alleged harassment of students by students are brought to the dean of students.

1. Students should present their complaint in writing to the dean within 14 days of the incident of harassment. Statements should include information about the dates, time, place, participants' names, and the harassing behavior.

2. The dean will designate an Investigatory Committee or assign an administrative staff member, who will discuss the report with the complainant to ensure clear and thorough understanding of the allegations. Every effort will be made to maintain the confidentiality of information regarding the complaint.

3. The administrative member or the Investigatory Committee will contact the accused to discuss the accusation. Investigation of a harassment complaint may include interviewing other persons necessary to obtain sufficient information on which to make a determination of the situation.

4. Once the investigation is complete, the administrative member or the Investigatory Committee, in consultation with the complainant, will determine how the resolution process is to proceed.

Bias Incident Report Group

As stated in the Nondiscriminatory Policy Statement, it is the intent of Guilford College to prevent discrimination affecting any job applicant, employee or student based on race, creed, color, religion, national or ethnic origin, gender, sexual orientation, military service, age or disability. The College further intends for the environment of this community to be free of any intimidation or sexual or other discriminatory harassment of job applicants, employees or students. The Bias Incident Group responds to acts of bias that violate the ideals of the College and impede freedom of expression.

The Group consists of faculty members, students, and staff drawn from the College community. It meets at the call of the president. Its role is to respond to anonymous defacements, graffiti or other hateful expressions against campus groups motivated by race, color, religion, sex, sexual orientation, ancestry, national origin, or physical or mental disability -- when Public Safety or Campus Life cannot immediately identify the perpetrators -- that the College must not permit to be the last word. The incident should also be (a) public and widely known, as well as (b) viewed as clearly threatening to a person or group.

On such occasions, the Bias Incident Group convenes itself to affirm the values of the College, call upon the campus community to stand against these acts, and consider other appropriate responses. Any member of the community can request that the Bias Incident Group be convened by contacting one of its members, who will consult with the president to determine if the incident is sufficiently serious, public and well known, and threatening, to convene the Group. Even if the Group is not convened, the incident will be brought to the attention of the appropriate vice president or dean for an appropriate administrative response.

The Group educates the community about the incident and bias in general and tries to find systemic solutions. It is not a judicial body that considers sanctions for alleged perpetrators. When such an incident of misconduct occurs on campus, or between or among Guilford students off campus, it should also be reported to the Public Safety Office or to the Office of the Dean of Students. The Dean's Office will follow up with the complainants and the alleged perpetrators, if they are known, and the normal campus adjudicatory process -- a disciplinary meeting with a Campus Life staff member or a Judicial Board hearing -- may ensue. When the judicial process is engaged, the community will know that an incident has occurred, but neither the name of the alleged perpetrator nor the outcome of the case can be disclosed publicly. All other incidents that involve faculty, staff, others or persons unknown should be reported to Public Safety or Human Resources.

Methods of Resolution

Individual Resolution. Either directly, or with the assistance of a third party, complainants may make their discomfort known to perceived harassers. Perceived harassers have a responsibility to attempt to understand both the intentional and unintentional effects of their behavior and to respond in a thoughtful, sensitive manner to those perceived effects. In the most serious instances of sexual harassment, it is unreasonable to expect complainants to confront their perceived harassers. More information about Conflict Resolution Resource Center (CRRC).

Informal Resolution. If appropriate, the Investigatory Committee or administrative staff member may arrange a meeting between the two parties to facilitate discussion of the complaint. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Its goal is to facilitate the resolution of the incident to the satisfaction of both persons involved, and to produce a written agreement that is binding on both parties. If both parties are satisfied with the outcome, the matter will be considered resolved. If the outcome of mediation is unsatisfactory to the complainant, the complaint will be returned to the dean of students , and the formal process may be enacted.

Formal Resolution. If mediation is unsatisfactory or undesired, and/or sufficient evidence of wrongful harassment exists, then the accused will receive written notice of the allegations and the specific violations with which the accused is being charged. A hearing will be scheduled before a hearing officer or the Judicial Board, as assigned by the dean of students or designee. The accused student and the complainant will be afforded all rights outlined in the procedures of the Judicial System, as described in the Guilford College Student Handbook.

Documentation of matters involving alleged sexual or discriminatory harassment by faculty or staff members shall be maintained in the Office of Human Resources. Records involving matters of alleged sexual or students will be maintained in the Office for Campus Life.

If the complaint is against the dean of students, the complaint should be submitted in writing to the vice president for enrollment and campus life, who will commence the investigatory process. Complaints brought by students against faculty members or staff should be brought to the dean for campus life who will refer it to the director of human resources or vice president and academic dean, as appropriate, in compliance with the college's grievance procedures.

Wrongful Allegations

Disciplinary action shall be taken against any person found to have willfully falsified a claim of harassment. It is also a violation of this policy to retaliate against another member of the campus community for bringing forward a claim of harassment.