Title: Sexual Harassment of Students and/or Admissions Applicants
Based on Policy:
1.10 - Equal Opportunity
Office of Primary Responsibility: Vice President for Administrative Services/Equity
To provide procedures for the reporting of sexual misconduct and harassment, efficient processing of charges, and enforcement of penalties for violations when the charges are being levied by college students, admissions applicants, or employees against a student or an employee of the college
- Any student or admissions applicant who believes that he/she has been the victim of sexual misconduct or harassment should report the incident immediately to the EA/EO officer. The incident must be reported within 180 days of its occurrence for the complaint to be considered.
- The initial discussion between the complainant and the EA/EO officer should be informal, with no written record of events. The EA/EO officer shall attempt to resolve the matter between the individuals directly involved with as much confidentiality as possible. If the complainant desires, he/she shall be permitted to explain the details of the incident(s) to the EA/EO officer while in the presence of an additional South Florida State College employee (e.g. counselor, teacher, etc.) of his/her choice.
- If the complainant is not satisfied with the results of this initial meeting or if the alleged misconduct or harassment appeared intentional or blatantly offensive, the complainant should submit a written statement to the EA/EO officer. The statement should include precise details (time, date, location, etc.) of the incident(s) prompting the complaint, the individual(s) involved, and the remedy requested.
- The EA/EO officer shall present the written complaint to appropriate dean. Cases involving students shall be referred to the dean, student services. Cases involving employees shall be referred to the director, human resources. Cases involving both a student and an employee, shall be referred to both the dean, student services and the director, human resources with primary responsibility for investigation assigned to the one associated with the complaint.
- Any individual (college employee or student) found to have engaged in sexual misconduct with or harassment of another individual shall be subject to disciplinary action, up to and including termination of employment, as per college disciplinary procedures or suspension from the college for student applicants. Any individual recommended for disciplinary action or suspension shall have the right to appeal in accordance with college complaint procedures.
- Cases involving sexual misconduct or harassment charges are particularly sensitive and demand special attention to issues of confidentiality. Dissemination of information relating to the case should be limited in order that the privacy of all individuals involved is safeguarded as fully as possible.
- The complainant shall be notified in writing by the EA/EO officer of the result of the investigation and the disciplinary action to be recommended, if any, within 60 days of receipt of the written complaint.
- If the complainant is satisfied with the proposed resolution, he/she shall sign a copy of the written response by the EA/EO officer, indicating acceptance of the findings.
- An employee complainant who is not satisfied with the proposed resolution, should file a written appeal to the president within 72 hours of receiving the proposed complaint resolution should be filed. The decision of the President shall be final, and the complainant shall be informed of the President’s determination promptly.
- A student complainant who is not satisfied with the proposed resolution should file an appeal with the dean, student services within 72 hours of receiving the proposed complaint resolution. The decision of the dean, student services shall be final, and the complainant shall be informed of the dean's determination promptly.
- If it is determined that the complainant’s charge is totally without merit and was filed in a frivolous manner or with retaliatory intent, the complainant shall be subject to appropriate disciplinary action.
- If a charge of sexual misconduct or harassment is made against the EA/EO officer, the dean, student services shall coordinate the aforementioned process. If the charge implicates the director, human resources, the vice president for administrative services shall pursue the investigation.
History: Last Reviewed: 1/31/08
Reviewed: 1/31/05, 1/31/08