SEXUAL HARASSMENT POLICY

POLICIES CONCERNING EQUITY, DIVERSITY, AND HARASSMENT


Simmons College of Kentucky endeavors to maintain a teaching and learning environment that promotes sensitivity to diverse individuals and groups. Behavioral patterns appropriate to the religious commitments of Simmons College of Kentucky are expected. Acts of racism, sexism, bigotry, harassment, and violence are not acceptable behaviors from either employees or students of Simmons College of Kentucky. Persons involved in such behaviors will be disciplined and may be asked to leave the institution. Any persons who believe they are the object of such behaviors should speak to division chairpersons, Vice Presidents, or supervisors. If satisfactory resolution is not found, grievance may be filed in the manner indicated in the Faculty Handbook or the Student Handbook.


Sexual Harassment

Sexual harassment, for purposes of this policy, is defined as including unwelcome sexual advances, verbal or physical conduct with unwanted sexual implications such as sexual kidding, remarks about one’s anatomy, patting, touching, display sexually suggestive visual material or requests for sexual favors.


Under no circumstances will the College allow such behaviors to continue. The College will not allow such behaviors to create a work or study atmosphere where workers or students are offended or intimidated.


Any persons enrolled or employed by Simmons College of Kentucky who believes that they have been victims of some form of harassment should bring these unacceptable behaviors to the attention of their immediate supervisor. If the complaint involves someone in the direct line of authority a report should be submitted the Vice President of Administration. In all cases the College will promptly commence an impartial investigation.


Special care should be taken by all parties to such complaints, since relationships can be misinterpreted and/or abused by either party and can be damaging. The context of all such events must be examined and judged, since offensive behaviors can range from a friendly pat to explicit sexual statements and actions.


Simmons College of Kentucky will not permit retaliation against one who complains of sexual harassment. The College will maintain confidentiality of elements of the sexual harassment investigation to the greatest extent possible. A finding of sexual harassment does not depend on finding that the complainant has been harmed in terms of loss of advancement, position, status, or grades. A finding that one has created a continuing offensive verbal, visual, or behavioral environment is adequate justification for a finding of harassment. When the investigation is completed, persons found guilty of harassment activities, will be dismissed from employment or enrollment.


Sexual Assault Victims’ Bill of Rights

In accordance with Section 485 of the Higher Education of 1965, Simmons College of Kentucky has established in conjunction with its written Sexual Harassment Policy, a policy which provides that the following rights are accorded, by all campus officers, administrators, employees and students, to victims of campus related sexual assaults: a. The right to have any and all sexual assaults against them treated with seriousness; and the right, as victims, to be treated with dignity; and the right for SCK organizations which assist such victims to be recognized. 2. The right to have sexual assaults committed against them investigated by SCK Dean of Students, Vice President of Administration, and the right to the full and prompt cooperation and assistance of personnel in notifying the proper authorities. This action shall be in addition to the disciplinary proceedings established by SCK. 3. The right to be free from any kinSimmons College of Kentucky endeavors to maintain a teaching and learning environment that promotes sensitivity to diverse individuals and groups. Behavioral patterns appropriate to the religious commitments of Simmons College of Kentucky are expected. Acts of racism, sexism, bigotry, harassment, and violence are not acceptable behaviors from either employees or students of Simmons College of Kentucky. Persons involved in such behaviors will be disciplined and may be asked to leave the institution. Any persons who believe they are the object of such behaviors should speak to division chairpersons, Vice Presidents, or supervisors. If satisfactory resolution is not found, grievance may be filed in the manner indicated in the Faculty Handbook or the Student Handbook.d of pressure from any SCK entity that victims (a) not report crimes committed against them to SCK officials or disciplinary officials for civil or criminal action: or (b) report crimes as lesser offenses than the victims perceive them to be. 4. The right to be free from any kind of suggestion that sexual assault victims not report, or under-report, crimes committed on campus because: a. victims are somehow “responsible” for the commission of crimes against them; b. victims were contributively negligent or assumed the risk of being assaulted; or, c. by reporting crimes they would incur unwanted personal publicity. 5. In any campus disciplinary hearing, the accused and accusers have the right to have someone accompany them at the hearing, and both the accused and accuser have the right to be notified of the hearing outcome. The sanctions for the accused in cases of sexual assault will be determined by the individual or body hearing the charges. Sanctions may include any sanction deemed appropriate in the Student Handbook or Faculty Handbook. 6. The right to full and prompt cooperation from SCK personnel in obtaining, securing, and maintaining evidence (including medical examination) as may be necessary for proof of criminal sexual assault in subsequent legal proceedings. 7. The right to be made aware of and assisted in exercising any options as provided by State and Federal laws or regulations with regard to mandatory testing of sexual assault suspects for communicable diseases and with regard to notification to victims of the results of such testing. 8. The right to counseling from any mental health services previously established by SCK, by other victim-service entities, or by services acquired by victims themselves. 9. After campus assaults have been reported, the victims of such crimes shall have the right to require that SCK authorities take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact with or proximity to reported assailants. 10. In addition, students, whether sexual assault victims or not, have a right to habitability (*) in on-campus housing accommodations for which SCK may receive any compensation, direct or indirect. Substantiated violations of these provisions shall be corrected by campus personnel with relocation of the complainant to acceptable, safe, and secure alternative housing as soon as possible, unless conditions warrant other immediate action by campus personnel. (* Habitability shall be defined as an environment free from sexual or physical intimidation, or any other continuing disruptive behavior by persons sharing rooms or roommates’ guests that is of such a serious nature as would prevent a reasonable person from attaining their educational goals.) 11. Other appropriate personnel will be contacted as needed by the individuals responding to the victim of the assault. Education and awareness programs will be conducted by appropriate campus personnel on the topics of sexual assault and victims’ rights on a regular basis.


Simmons College of Kentucky hereby certifies that it complies with the requirements of Section 485.


Student Grievance Policy

In the event of an incident, event or complaint that is of such substance that a student desires to file a grievance the student must first write out a comprehensive incident/grievance report. That report should consist of, at least, the grievance, the issue(s) and/or people involved, the desired action, date of incident, date of report and signature of the student filing the grievance.


The report is to go directly to the Dean of Students. In the event that the Dean of Students is directly involved in the incident being grieved, the report may be submitted to the Vice President of Academic Affairs. It will then be sent through the appropriate administrative departments until the grievance is brought to resolution. The Vice President of Academic Affairs is normally the final arbiter in the grievance process.


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