Promulgated: January 1, 2001
Canisius College strives to provide an educational and working environment that is free from all forms of harassment, including sexual harassment for all faculty, staff, and students. It is committed to providing an environment that treasures diversity and emphasizes the dignity and worth of every individual, an environment in which every individual is treated with respect. Harassment in any form is inimical to these goals and fundamentally at odds with the values of Canisius College. It is unacceptable behavior and will not be tolerated.
This policy is designed to do the following:
- reaffirm the College's commitment to providing a positive, humane environment for study and work free from harassment;
- let all members of the College community know what kind of conduct is expected and what kind of conduct is proscribed;
- inform victims of harassment, including sexual harassment, of their options and rights;
- inform all members of the College community about the procedures available at the College for addressing, investigating, and resolving harassment complaints, including sexual harassment complaints;
- protect the rights and confidentiality of all parties to harassment complaints to the extent possible; and
- prevent retaliation against persons alleging sexual and other unlawful harassment or against persons cooperating in an investigation.
- A. Harassment
Acts or communications causing emotional stress addressed to individuals or groups because of religion, gender, sexual orientation, age, disability, marital status or veteran’s status is similarly prohibited by this policy.
Examples of impermissible harassment, including racial harassment, include the following:
- The use of physical force or violence to restrict the freedom or movement of another person or to endanger the health and safety of another person based on that person’s race, color, etc.;
- Physical or verbal behavior that involves an express or implied threat to interfere or has as its purpose or has the reasonably foreseeable effect of interfering with an individual’s personal safety, academic efforts, employment, participation in college-sponsored extracurricular activities because of that individual’s race, color, etc. and which causes that individual to have a reasonable apprehension that harm is about to occur;
- Any type of conduct that has the effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile or offensive working or learning environment;
- Epithets, slurs or derogatory comments based on a person’s race, color, etc.
- a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
- b. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
- c. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive environment.
The foregoing must be interpreted in light of one of the fundamental purposes of a Canisius education which is to teach students to think, write and express themselves critically. This is a demanding skill and students must confront in stark and sometimes painful ways the comfortable assumptions that they bring to the college experience. Instruction in critical thinking very well may involve saying or presenting materials that are felt by individuals to be offensive or embarrassing. In such cases, students should deal directly with the faculty member involved, the department chair or the dean of the applicable school. See Section III below regarding Academic Freedom.
Nor is this Policy intended to address normal differences of opinion that arise but are not based on a person’s race, color, etc. In the case of students, those matters can be addressed through the Dean of Students. In the case of employees, those matters can be addressed through procedures set forth in the Faculty Handbook, the Administrator’s Handbook, the Librarian’s Handbook or through the Personnel Office.
B. Sexual Harassment
For the same reasons listed above, it is the policy of Canisius College that all faculty, staff, and students work and learn in an environment free from sexual harassment. Sexual harassment is also a violation of both federal and state law.
- 1. Definition
The Equal Employment Opportunity Commission defines sexual harassment in an employment situation as follows:
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- 2. Examples of Sexual Harassment
- Sexual harassment can take many different forms. The determination of what constitutes sexual harassment will vary according to the particular circumstances.
- unwelcome sexual propositions, invitations, solicitations, and flirtations; leering;
- unwelcome and inappropriate touching, patting, fondling, pinching, or obscene gestures;
- seeking sexual favors or relationships in return for the promise of a favorable grade or other academic or employment benefit or opportunity;
- conditioning an employment-related action (such as hiring, promotion, salary increase, performance appraisal, or refraining from discipline or termination) on a sexual favor or relationship;
- conditioning an academic-related action (such as a grade, assignment, or refraining from discipline) on a sexual favor or relationship;
- unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendos; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls;
- sexually suggestive objects, pictures, videotapes, audio recordings or literature, or computerized transmissions placed in the work or study area, that may embarrass or offend individuals, subject to general principles of academic freedom discussed in Section III below; or
- in the case of co-workers or individuals in positions of authority, conduct of the nature set forth above when the effect is to unreasonably interfere with the ability of a person to perform his or her employment or academic responsibilities, or when the effect is to create an offensive, intimidating and/or hostile working or learning environment for that person.
- Examples of sexual harassment include but are not limited to the following situations, whether or not there is the presence of a relationship that puts one person in a position of authority:
- Unwelcome sexual behavior toward another employee or student, which is sufficiently severe or pervasive to alter the conditions of the victim's employment or academic surroundings and results in a work or educational environment that a reasonable person would find abusive or offensive creates a "hostile environment."
- Isolated instances (e.g., a single sexual overture, comment, invitation or joke) ordinarily will not constitute sexual harassment unless there is repetition or the circumstances are egregious. In this regard, occasional compliments also do not constitute sexual harassment. Sexual behavior that is welcomed and consensual may not constitute sexual harassment.
The Board of Trustees of Canisius College has accepted and endorsed as its own a definition of academic freedom published by the AAUP and AAC as set forth at pages 13 and 15-19 of the Faculty Handbook although in taking this action the Board reserved to itself the interpretation and application of that published document. That definition of academic freedom is incorporated herein by reference. Conduct claimed to constitute harassment and sexual harassment must be interpreted in light of the principle of academic freedom so as to protect a faculty member’s right to teach, research and publish freely. The college does not intend that this Policy will be used to address the normal differences of opinion that may arise in the academic setting and are part of the normal process of teaching and learning.
IV. Consensual Relationships
The College very strongly discourages consensual relationships of an intimate or sexual nature between faculty or staff members and students because, among other reasons, they pose great potential for sexual harassment problems. This is particularly so with regard to students who are currently enrolled in a class taught by a faculty member or who are currently employed by a faculty or staff member in any capacity. Because the question of consent is complicated by the difference in power that exists between faculty or staff and students in such circumstances, and, the difference in power can give rise to the appearance of impropriety, faculty and staff are cautioned against entering such relationships with students.
The College also actively discourages consensual relationships of an intimate or sexual nature between supervisory personnel and those staff who report to them. The College discourages such relationships because, among other reasons, there is an implicit imbalance of power in them. The College expects its supervisors and administrators to act in a fair, impartial manner when making administrative decisions, avoiding every appearance of impropriety or favoritism that might arise from consensual relationships.
V. Duties of Members of Canisius College Community
- A. All Associated with Canisius College
- inform employees and students under their direction or supervision of this policy;
- inform visitors, independent contractors, vendors and their representatives and others transacting business with the college of this policy;
- notify the Coordinator for the Implementation of the Harassment Policy ("Coordinator") when they receive reports or complaints of harassment;
- notify the Coordinator when they observe or otherwise become aware of incidents of harassment; and
- implement any corrective actions imposed as a result of findings of harassment.
All members of the College community should assume the responsibility to see that the College is free from all forms of harassment and that any harassment is properly reported. Obviously, the College cannot take action to punish and deter harassment if it is not aware that it has occurred.
B. Supervisors
It is the responsibility of supervisors, deans, department heads, and other managers to:
C. Faculty, Staff and Students
It is the responsibility of the faculty, staff, and students to discourage harassment and to report incidents of harassment, including sexual harassment, to the Coordinator. This is regardless of whether they are the person or persons harassed. Any faculty member, staff employee, or student who believes he/she has been victimized by harassment is encouraged to promptly report the incident to and confer with the Coordinator or with one of the designated College Counselors for Issues of Harassment ("Counselors").
As used in this Policy, retaliation means any action taken by the college or any employee or agent of the college to restrain, interfere, coerce or otherwise adversely affect a person’s employment, personal safety, academic efforts or participation in college-sponsored activities. No faculty member, administrator or staff, applicant for employment, or student may be subject to retaliation for action taken in good faith to seek advice concerning a harassment matter, to file a harassment complaint, or to serve as a witness or a panel member in the investigation or adjudication of a harassment complaint. No retaliation may be taken simply because a good faith charge of harassment was made and not sustained. It shall not be retaliation, however, for an accused to defend himself/herself from a charge of harassment under this Policy. Nor shall it be considered retaliation to discipline an individual for false and malicious accusations as set forth in Section VII.I below. Retaliation, if established, may result in disciplinary action against the offending party up to and including discharge from employment or dismissal/expulsion from the College.
VII. Procedures for Dealing with Harassment
Any person who perceives himself or herself to be the victim of harassment in violation of this policy should promptly take one or more of the procedural steps described below, as applicable. It is not necessary that they all be taken or that they be taken in order with the exception that prior to invoking the Formal Complaint Procedure, an individual must pursue the Informal Complaint Procedure.
- A. Self-Help
An initial course of action for any faculty, staff, or student who feels that he or she has been harassed may be for that person to emphatically tell or otherwise inform the harasser that the conduct is unwelcome, offensive, violates this policy, and must stop. This may solve the problem, and, if it does, further proceedings will usually not be necessary.
B. Counseling
An individual who perceives himself or herself as a victim of harassment may also contact one of the designated Counselors, or in the case of racial harassment, a member of the Racial Incidents Team (hereinafter, "Counselor"), for advice and counseling. This should be done promptly. The Counselor initially will:
- 1. Help the person determine if the perception of harassment is valid;
2. Discuss the rights of the person under this policy;
3. Discuss possible methods the person could take to eliminate the unwanted conduct, whether or not it is harassment;
4. Counsel the person. If the Counselor believes that an issue of harassment is not present, the Counselor will advise the person of this. If the Counselor believes an issue of harassment is or may be present, the Counselor will help the person determine the proper steps to take, including any further steps under this policy, to eliminate the harassment and prevent similar incidents in the future.
5. Keep all information confidential to the greatest extent possible. The Counselor must, however, notify the Coordinator of the incident so that the Coordinator can decide whether to pursue an independent investigation of the incident.
6. Decide whether the matter should be documented. If the matter is documented, the file will be sent to the Coordinator to be maintained for at least six (6) years.
- C. Informal Complaint Procedure
If the person who believes that he or she has been the victim of harassment decides that he or she wishes to file a complaint and that the matter should be pursued with the alleged offender, the person must notify a Counselor and give that Counselor written permission to initiate the informal complaint procedure. This permission must be given no later than six (6) months after the alleged incident. The person who believes that he or she has been the victim of harassment will be identified as the "complainant" and the alleged offender will be identified as the "respondent."
The Counselor shall notify the Coordinator who shall appoint an Investigator from the pool of Counselors (which may include the Coordinator) to:
- 1. Orally apprise the respondent of the charge of harassment.
2. Elicit from the respondent an explanation of what occurred from his or her perspective.
3. Gather any other information or conduct any investigation or other interviews the Investigator believes necessary.
4. Attempt in a non-legalistic, non-threatening manner to facilitate a solution acceptable to both the complainant and the respondent.
5. Act as mediator if this appears to be advisable, including, if deemed appropriate by the Investigator, conducting a meeting between the complainant, the respondent, and the Investigator.
6. Keep the Coordinator apprised of the status of the complaint and, when appropriate, secure advice from the Coordinator regarding the handling of the complaint.
7. Take such other steps deemed appropriate by the Investigator and/or the Coordinator.
- During this informal complaint procedure, it shall be the responsibility of the Counselor to the complainant to:
- If deemed appropriate by the Counselor, assist the complainant with the development of a letter to the alleged offender outlining the perceived harassing behavior and asserting that the complainant would like the behavior to stop.
- Assist the complainant in preparation for any meetings with the respondent.
- Outline to the complainant the options available under this policy, including the formal procedure described below.
- If, after conferring with both the complainant and the respondent, the Investigator believes that an issue of harassment is or may be present which cannot be successfully mediated, and provided the complainant agrees, the case will proceed to the Formal Complaint Procedure phase. If the Investigator believes that an issue of harassment is or may be present and the complainant does not agree to proceed with these remedies, the Investigator shall refer the matter to the Coordinator who shall decide whether to proceed in accordance with Section VII of this policy.
- 1. The Pool will consist of four (4) representatives, two (2) of whom shall be females and two (2) of whom shall be males, from each of the following constituencies:
- a. Faculty - members chosen by Faculty Senate
- b. Administration - selected by the President
- c. Students - members chosen by U.S.A.
- d. Clerical/technical/secretarial - selected by the Director of Personnel
- e. Maintenance/Housekeeping - selected by the Director of Personnel
- f. Public Safety - selected by the Dean of Student
- a. Faculty - members chosen by Faculty Senate
If the Investigator believes mediation (e.g. informal dispute resolution managed by the Investigator) is an option, the Investigator will attempt mediation, forwarding the case to the Formal Complaint Procedure phase only if, in the judgment of the Investigator, mediation has not been successful, and provided the complainant also agrees to the Formal Complaint Procedure. (A respondent does not have the option to move a charge of harassment to the Formal Complaint Procedure phase.) If the Investigator believes an issue of harassment is not present, or that mediation or other steps taken have successfully resolved the harassment problem, the Investigator will advise the complainant of this, and no further proceedings will result; however, this determination will be made only after the Investigator's consultation with the Coordinator and with the approval of the Coordinator. In the case of a disagreement between the Coordinator and the Investigator, the Coordinator’s decision shall control.
A written summary of the investigation and of the actions taken under this informal complaint procedure will be prepared by the Investigator and, together with any other documentation, maintained in a file in the office of the Coordinator for at least six (6) years.
D. Formal Hearing Committee Pool
A pool of Canisius College personnel to serve as members of formal hearing committees ("Pool") will be established as follows:
- 2. The President may consider the appointment of additional members to ensure that the Pool has sufficient diversity to represent the college community generally.
- 3. The term of service in the Pool will be for one (1) year with the possibility of re-appointment.
- 4. Members of the Pool may be augmented in the event more than one formal hearing is being or is to be conducted.
- E. Formal Complaint Procedure
- 1. A written complaint will be given to the President within a reasonable time, not to exceed two (2) months from completion of the informal complaint procedure. The complaint will be prepared by the complainant with the assistance of the Counselor who assisted the complainant during the informal complaint procedure. A copy of the complaint shall be delivered to the respondent at the time that it is delivered to the President.
2. Within ten (10) working days after receipt of the written complaint, the President will appoint a chair of the hearing committee from the Pool. There will be five (5) persons on the hearing committee, including the chair.
- 3. The remaining four (4) members of the hearing committee will be selected from the Pool by the complainant and the respondent within ten (10) working days after appointment of the chair, with two (2) members to be designated by the complainant and two (2) members to be designated by the respondent.
- 4. Within twenty (20) working days of finalizing the hearing committee panel, the chair will call (an) organizational meeting(s) of the committee, at which the committee will review the procedures for the conduct of the hearing set forth in VII.E.8 below and determine what additional procedures, if any (including without limitation, any arrangements to tape record or otherwise make a formal record of the proceedings), may be necessary to hear and determine the case and insure fundamental fairness to all parties. Consultation with the parties involved regarding any additional procedures may take place at the sole discretion of the committee. The parties will also be apprised of those procedures in the manner deemed appropriate by the committee. The committee will also set a meeting time for both parties to come together for a formal hearing. The chair will endeavor to schedule the hearing no later than one (1) month after the organizational meeting(s), but in no event later than two (2) months after the organizational meeting(s).
- 5. Prior to the hearing date, the chair of the committee will also contact the Coordinator to determine if either the complainant or the respondent have previously made or been the subject of harassment complaints. Such evidence will be admissible at the hearing if it is deemed relevant to the present complaint by the chair of the committee. If such evidence is admitted, the affected party in the proceeding shall have the opportunity to comment or present evidence with regard to those prior complaints.
- 6. Decisions of the committee will be by majority vote. The chair will normally be non-voting, but will cast a tie breaking vote if necessary.
- 7. The purpose of the hearing committee is to determine, to the best of its ability, the facts regarding the incident and whether the facts established constitute harassment under the terms of this policy. The committee will hear the complainant, the respondent, and witnesses identified by each party, and will examine all testimonial and documentary evidence it deems necessary, including the Investigator’s original report and legal opinions from the College's legal counsel, where appropriate. Privacy and confidentiality will be protected to the extent possible.
- 8. At the formal hearing, the hearing committee will observe the following guidelines (in addition to any other procedures adopted pursuant to VII.E.4 above) :
- a. Either party may be accompanied by a member of the College community who may assist or counsel the party, but no outside legal counsel may be present. Other attendees, if any, are admitted at the sole discretion of the hearing committee and consistent with its perceived obligations concerning confidentiality.
- b. The committee will hear the presentation of each party and do the questioning. The complainant will normally present first and the respondent will normally present second.
- c. If either party wishes to suggest questions either prior to or during any testimony, the questions will be given in writing to the chair to be asked by the committee. The committee will ask all suggested questions that are designed to elicit or are reasonably likely to lead to evidence that is relevant to the issues involved. The committee may reject questions that are irrelevant or repetitive or are designed to harass the witness or prolong the hearing without good cause.
- d. If witnesses are called at a hearing, the complainant and respondent will be entitled to deliver a closing statement to the committee.
- e. The chair will decide when both parties have presented their cases and the committee has received all relevant evidence. At that point, the chair will close the hearing.
- f. Within five (5) working days of the end of the hearing, either party may submit a written statement to the chair. A copy of that statement must be given to the other party. Rebuttal may be allowed in the sole discretion of the committee.
- a. Either party may be accompanied by a member of the College community who may assist or counsel the party, but no outside legal counsel may be present. Other attendees, if any, are admitted at the sole discretion of the hearing committee and consistent with its perceived obligations concerning confidentiality.
- 9. Within ten (10) working days after the submission of written statements, including rebuttal statements if any, the committee will meet and render a written recommendation to the President, which recommendation will contain detailed findings of fact with respect to the incident and how those facts do or do not constitute harassment within the meaning of this policy. Copies of the recommendation will be sent to both parties.
- 10. Parties who are members of the faculty may request review of the committee's recommendation by the Committee on Faculty Status in accordance with that Committee's statutes. This request must be made in writing within ten (10) working days after receipt by that party of the hearing committee's recommendation. The Committee on Faculty Status shall submit a recommendation to the President, consistent with the scope of the Committee's charge, within thirty (30) days of a request for review.
- 11. After receiving the recommendation from the hearing committee, and, in the case of faculty, after also receiving the advice of the Committee on Faculty Status in the event a faculty member requests review by that body, the President will render a decision in writing setting forth the reasons for the action taken. The decision will be rendered within ten (10) working days and communicated to both parties, the chair of the hearing committee, and, if appropriate, to the chair of the Committee on Faculty Status.
- 12. The President is not bound by the decision of the hearing committee or, where applicable, the advice of the Committee on Faculty Status. The President's decision is in the President's sole judgment and discretion and is final. The ten (10) working day time period applicable to the President for decision shall be extended for each day during the period the President is not on campus.
- 13. All records concerning the Formal Complaint Procedure process shall be forwarded to the Office of the President together with the recommendation of the hearing committee. After decision by the President, the entire file shall be forwarded to the Coordinator where it will be maintained for a period of at least six (6) years.
- work restrictions
- requirement to attend training or other education
- requirement to obtain counseling
- salary reduction or limitation
- an oral warning
- a written reprimand
- suspension
- dismissal
- expulsion
Every effort has been made to make this policy and the procedures set forth herein consistent with the Community Standards Policy for students. A student who perceives himself/herself to be the victim of harassment may report the incident to either the Coordinator or the Dean of Students. Normally, the Coordinator will refer such cases to the Dean of Students to handle in accordance with the Community Standards Policy
G. College Investigations
Very often, an individual who perceives himself or herself to be the victim of harassment in violation of this policy will be reluctant to pursue the remedies provided in this section. Similarly, the Coordinator may become aware of an alleged incident of harassment even though the alleged victim has not reported it. Incidents of harassment pose legal risks for the College as an institution and, therefore, the College must retain the right to conduct its own investigations into reported incidents of harassment and take appropriate measures even in the case of an alleged victim who is unwilling to report or pursue the matter.
H. Disciplinary Sanctions
Disciplinary actions for harassing behavior may include one or more of the following:
If a claim of harassment or the allegations constituting a claim of harassment, whether made through the Informal or Formal Complaint Procedure are determined by the Coordinator (in the case of the Informal Complaint Procedure) or the hearing committee (in the case of the Formal Complaint Procedure) to be both false and brought with malicious intent, the matter will be sent to the President by the Coordinator or the hearing committee, as the case may be, with a report and a written recommendation. The complainant may be subject to the disciplinary sanctions set forth in Section H.
Documentation can be informal handwritten notes taken by the Coordinator or a Counselor while speaking with an individual; it can be documentary or testimonial evidence submitted during an investigation or a hearing; it can be a typed-up after-the-fact recounting of a process or its results; or it can be an explanation prepared for the record or for the President as to why a Counselor or a hearing committee took a particular step or reached a particular decision with regard to a harassment complaint. Documentation can be handwritten, voice transcribed, typewritten, or in any printed or electronic form; it is what is created in order to better explain in the future what went on or occurred in the past.
Except for the counseling stage, any resolutions under this policy must be documented, even if there is no corrective action taken beyond informal mediation by a Counselor.
The amount of documentation which is reasonable and prudent with regard to any of the processes outlined in this policy is left to the judgment of the Coordinator and the Coordinator shall from time to time prescribe forms or required documents for the processes established by this Policy.
All documentation required to be maintained by the Coordinator shall be available only to the Coordinator or any other person conducting an investigation under Section VIII of this policy (except as may be required for a formal hearing as provided in Section VII.E.6), the College's legal counsel and the President.
IX. Confidentiality
It is to be expected that, at all stages of any proceedings under this policy, confidentiality will be maintained to the greatest extent possible. It is believed that, as a general rule, this is the best course to be followed by all involved and the best situation for a collegial community such as Canisius College.
Consistent with their obligations, the Coordinator, Counselors, members of any hearing committees, members of the President's staff, and staff members necessarily involved such as College human resources personnel, are expected to maintain the highest standards of confidentiality. Communication by these persons with others with regard to harassment complaints can be only on a required "need to know" basis. (However, claims of confidentiality about a harassment matter cannot be asserted between persons in these groups provided the person requesting information has the requisite "need to know.")
Others necessarily involved such as the complainant, the alleged offender, witnesses, etc., should be encouraged by Counselors and/or the hearing committee to keep confidential to the greatest extent possible matters about which they or others provide testimony or information. However, it must be recognized by those involved in procedures under this policy that, with regard to such individuals, other than by attempting persuasion, the College has no means by which to insure strict confidentiality.
X. Duties of Coordinator
The Coordinator for the Implementation of the Harassment Policy shall:
- A. Publicize this policy on a periodic basis;
B. Conduct any training considered advisable with regard to this policy or issues under this policy;
C. Act on harassment complaints directed to or which otherwise come to the Coordinator's attention;
D. With the approval of the President, appoint College Counselors for Issues of Harassment in sufficient numbers to implement this policy;
E. Assign Counselors to assist persons who perceive themselves victims of harassment and monitor the handling of the matters by the Counselors;
F. Act as an advisor to the Counselors;
G. Implement any corrective actions to be taken under this policy;
H. Act as an advisor to the President with regard to this policy and perform such other duties as may be assigned by the President in connection therewith;
I. Act as an advisor to the College community with regard to issues of harassment; and
J. Maintain the records required to be kept under this Policy.