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Student Policy for Prohibition of Sexual Harassment Policy 1-14 I. Purpose:
In compliance with this commitment and the policies of the VCCS regarding sexual misconduct, the college establishes the following sexual harassment policy for students of J. Sargeant Reynolds Community College. This policy is applicable to students on the college's campuses and at off-campus facilities. III. Policy:
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct, or written communication of a sexual nature that is intimidating, hostile, or offensive. Any student who is officially registered at J. Sargeant Reynolds Community College during the specific semester in which the alleged act or acts of sexual harassment occurs is covered by this policy.
Within ten calendar days of receipt of this complaint, the dean must notify the employee, the employee's immediate supervisor, and the college's EEO officer that a complaint has been filed and schedule a Level 1 meeting between the student, the employee, the employee's immediate supervisor, and the EEO officer. All parties shall be notified of the date, time, and place of this meeting. B. Level I Meeting - At the Level I meeting, the student shall be allowed to introduce evidence and other facts concerning the complaint to the dean. The employee shall be allowed to rebut this evidence. Within five working days following this meeting, the dean in consultation with the EEO officer shall render a decision, which shall be limited to one of the following:
2. The employee has committed acts of sexual harassment. The dean shall take appropriate action which shall be limited to the following: (a.) A letter to the immediate supervisor setting forth all evidence and facts submitted at the Level I meeting and the decision reached and recommending that a private reprimand be issued, consisting of a letter signed by the immediate supervisor. Such letter shall be placed in the employee's personnel file with a copy sent to the student. (b.) A letter to the immediate supervisor setting forth all evidence and facts submitted at the Level I meeting and the decision reached and recommending that the employee's employment at the college be terminated. (c.) A letter to the immediate supervisor setting forth all evidence and facts submitted at the Level I meeting and the decision reached and recommending that the employee be suspended for a period of time without pay. 3. The dean is unable to determine as to whether there was an act or acts of sexual harassment. The dean shall so inform the student, the employee, and the employee's supervisor, in writing. C. Level II Appeal - The Level II appeal shall be before an ad hoc committee appointed by the campus provost/dean on the campus where the employee has been assigned. This committee shall consist of: 1. One campus administrator, who shall serve as chairman 2. Two students 3. Two teaching faculty members Any person participating in the Level I meeting shall be ineligible to serve on the ad hoc committee. The student has the right to appeal to the Level II committee in the event that a decision was made under III.B.1. or III.B.3. of the Level I meeting. The employee has the right to appeal to the Level II committee in the event that a decision was made under III.B.2. or III.B.3. of the Level I meeting. In order to proceed to Level II, the person appealing must file a written request with the campus provost/dean within ten calendar days after receipt of the decision in Level I. A copy of this request shall be sent to the other party. The campus provost/dean shall, within twenty days of receipt of this request, convene the committee in order to hear evidence and facts related to the charges of sexual harassment. The campus provost/dean shall notify the student and the employee in writing within five working days of the scheduled meeting. The Level II committee may receive evidence and facts from both the student and the employee. Within five business days from the conclusion of the meeting, the chairman shall notify, in writing, the dean, the campus provost/dean, the employee's supervisor, the employee and the student of the committee's decision. The decision of the committee shall be limited to those set forth in III.B.1. and III.B.2. of this policy. D. All decisions of the ad hoc committee shall be final with no appeal. E. Extension of Time - Any extensions of time for scheduling meetings or rendering decisions must be approved by both the student and the employee in writing. Absent such approval, a failure on the part of the student or employee to timely file an appeal or take other action shall result in a loss of the right of appeal to Level II or the right to introduce facts or evidence. A failure on the part of the dean, campus provost/dean, college EEO officer or the chairman of the ad hoc committee to act within the specified time limits may be reported by the student or employee to the college president for appropriate action. F. Right to Counsel - Both the student and the employee may retain legal counsel to be present at any stage of these proceedings in order to advise their client; however, counsel shall not be allowed to question either party or other witnesses. Notwithstanding the foregoing, the dean at the Level I proceeding or the chairman of the ad hoc committee at the Level II appeal may allow full representation, including rights of cross examination, when it appears necessary to do so based on the inability of the student or employee to represent themselves adequately. In the event either the student or the employee intends to have their attorney present at either or both the Level I or Level II proceeding, he or she shall immediately notify the EEO officer who shall so inform the other party. With both parties permission, the student and employee may bring with them to the Level I and Level II proceeding an observer who shall not testify nor present any evidence. G. Confidentiality - All complaints, responses, and other papers created pursuant to these guidelines shall be kept confidential. All written materials related to a complaint will be maintained under seal in a separate folder and not within the employee's personnel file. However, upon a final decision that sexual harassment has occurred, disciplinary action may include filing a copy of the decision in the employee's personnel file. Both student and employee have a right not to have his or her unrelated past sexual history included in any part of the campus proceedings. The proceedings officers or chair of the committee will ensure compliance with this requirement.
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