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Sexual Harassment Policy

I. OBJECTIVES
II. DEFINITION
III. STRUCTURE AND PROCEDURES

This policy is intended to apply on any premises where activities conducted by or on behalf of the College take place.

Sexual assault and rape are criminal offenses and should be dealt with as such. This policy is not intended to deal with these situations.

I. OBJECTIVES

The objectives of this policy are:

1. To encourage the free flow of information and widest possible awareness of this important issue at the College with the intention of:

a) making all members of the College community aware of what constitutes sexual harassment and of the importance of this issue.

b) encouraging members of the College community to deal with behaviour which constitutes sexual harassment and to try to eliminate sexual harassment from the College.

2. To establish a mechanism to handle complaints that will offer counsel, advice and possible recourse and redress to the complainant;

3. To insure that complaints are dealt with in a manner which is prompt, fair, judicious, protects the confidentiality of all parties concerned and relieves any possible fear of reprisal;

4. To develop procedures which do not have the effect of prejudicing the rights of individuals under Collective Agreements or the law.

II. DEFINITION

Sexual Harassment is defined as:

  • persistent and unwanted attention of a sexually oriented nature by someone who knows or ought reasonably to know that such behaviour is unwanted and that interferes with the academic/work environment of an individual/group or creates an intimidating/hostile atmosphere;
  • an abuse of power involving implied/expressed promise of reward for complying with a sexually oriented request or advance; or an implied/expressed threat of reprisal, or actual reprisal for refusal to comply with a sexually oriented request; or the denial of opportunity for refusal to comply with a sexually oriented request. The following activities, when persistent and unwanted, are considered to be examples of sexual harassment, although sexual harassment is not limited to the following activities:
  • leering;
  • the telling of sexually oriented jokes;
  • the inappropriate use of sexually oriented examples;
  • sexually suggestive or demeaning remarks;
  • other types of verbal abuse of a sexual nature;
  • graphic or suggestive comments about an individual's dress or body;
  • compromising invitations;
  • unwanted requests for sexual favours;
  • unwelcome personal questions/ stories about one's sex life;
  • unwanted touching or fondling.

III. STRUCTURE AND PROCEDURES

A. The Sexual Harassment Resource Committee

1) Composition - FIVE (5) members. The Director shall appoint members of the College community after consulting with the various College constituencies. The committee must include one male and at least two (2) faculty members. The Committee is responsible to the Director.

2) Term of office - Two years, with possible renewal for a maximum of two consecutive terms.

3) Function -

a) To develop programs to educate all constituencies of the College community about the issue of sexual harassment;

b) To publicize the policy;

c) To organize one event each year which educates people about sexual harassment;

d) To provide advice and counselling to individuals about complaints of sexual harassment;

e) To attempt to mediate and resolve complaints at an informal level;

4) Procedure -- Informal Mediation

Any member of the college community who requires assistance in dealing with an instance of sexual harassment should see one of the members of the Sexual Harassment Resource Committee. Members of the Resource committee will:

  • receive the complaint;
  • ensure as much as possible that the psychological needs of the complainant have been taken care of;
  • inform the complainant of possible actions and recourse.

    If the complainant chooses, the member of the Resource Committee may follow these steps. The complainant may stop the proceedings at any point.

    a) establish the facts of the situation by meeting with the parties concerned;

    b) If possible, resolve the incident to the satisfaction of all concerned;

    c) If there is no satisfactory resolution, the complainant will be referred to the Sexual Harassment Complaint Committee. If the case is referred, the Resource Committee will be advised of the action(s) taken.

B) The Sexual Harassment Complaint Committee

1) Composition -- The composition of the Complaint Committee shall be: The Director and not more than two other members appointed by the Director for the purpose of the investigation.

2) Mandate --

a) If necessary, to hold private hearings to determine the facts of the allegation;

b) To request the production of any documents, witnesses, or any other evidence considered relevant for the purpose of the hearing;

c) To determine whether the complaint is substantiated;

d) To determine any sanction which may be appropriate. ·

3) Formal Procedures --

a) If informal mediation is not appropriate or does not result in an acceptable resolution, or if there is an unwillingness to participate in informal mediation, formal procedures may be undertaken;

b) To initiate formal procedures, the complainant is required to submit a signed complaint form to the Director;

c) The Director will establish a Sexual Harassment Complaint Committee;

d) The proceedings of the Sexual Harassment Complaint Committee shall be held in camera;

e) The complainant, the respondent and any witnesses may be invited to answer questions by the Committee;

f) In the event that an individual does not appear after 2 requests from the Committee, proceedings may continue in that individual's absence;

g) If the Sexual Harassment Complaint Committee determines that a violation of the policy has occurred, it may recommend the following sanctions:

4) Sanctions

For students -

i) Written Warning -- Notification that further misconduct may result in more severe disciplinary action. Written warnings may specify the sanction to be applied in the event of further, continued, or repeated misconduct.

ii) Disciplinary probation -- Restricted privileges such as exclusion from certain College activities.

iii) Disciplinary prohibition -- Restricted access to certain areas or to the use of certain facilities or equipment.

iv) College suspension -- Exclusion from all classes and other privileges and activities for a period determined by the Director. The student is barred from the premises. Notification will be placed in the student's file.

v) College expulsion --Withdrawal of a student's rights and privileges as a student at Champlain St-Lambert. Student status is terminated for an indefinite period. Notification will be placed in the student's file.

For Employees of the College --

i) for unionized employees any sanction deemed appropriate under the relevant Collective Agreement

ii) for non-unionized employees any sanction deemed appropriate under the policy, agreement or contract regulating their employment

5) Other Actions

If the Sexual Harassment Complaint Committee determines that a violation of the policy has occurred, it may propose remedies be taken in favour of the complainant. Remedies may include, but are not limited to, the following:

i) A written apology;

ii) Transfer to another section of the same course;

iii) Grade Review;

iv) Counselling.

The resolution procedures of this policy are not meant to preclude such other avenues of recourse as may be provided for by existing Collective Agreements, College regulations, rules, policies or employment agreement.

The Director ensures the implementation of this policy.

Note: Complaints of Sexual Harassment should be made according to the Policy on Sexual Harassment.

If you want to talk to someone about sexual harassment or if you think you have been harassed, you can get the advice and the support you may need to decide what to do from a member of the Committee on Sexual Harassment. The names of the Committee members are available from Student Service. Talking to someone does not oblige you to file a formal complaint. All enquiries are strictly confidential.

 

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