Franklin & Marshall College is committed to having an inclusive campus community where all members are treated with dignity and respect. Franklin & Marshall does not tolerate sexual harassment directed toward any member of the College community. The College will act expeditiously to investigate alleged harassment and to remedy it if the allegation is valid.
Franklin & Marshall College affirms its commitment to ensuring fair and respectful learning and working conditions for its students, faculty, and professional staff. Sexual harassment is unacceptable in a college because it is a form of unprofessional behavior that is detrimental to the educational environment. Sexual harassment of or by faculty, professional staff, and students is prohibited by College policy, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and other laws.
This policy applies to all faculty and professional staff of the College; unpaid College volunteers; student workers; students; Trustees of the College; and visitors, contractors, contracted service providers, and vendors to the College (“third parties”).
Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances; requests for sexual favors; and other verbal, non-verbal, or physical conduct of a sexual nature. Sexual violence is a form of sexual harassment.
Prohibited behaviors, when severe or pervasive and which have the effect of discriminating against and/or intimidating a College employee or student, can include:
Such behaviors constitute sexual harassment when severe or pervasive and when:
Sexual harassment can occur between a supervisor or department chair and a staff member; between a department chair and a faculty member; between colleagues; between a faculty or staff member and a student or student employee; between students; or between a third party vendor or visitor and a College employee or student.
Some examples of inappropriate and potentially harassing workplace behaviors include:
Behavior that may not necessarily be unwelcome to a particular individual (such as joking or banter) but which refers to gender in a demeaning or insulting way is inappropriate in the College workplace and is prohibited.
Prohibited behaviors as defined above are unacceptable in the workplace both during the work day and during College-sponsored events such as off-campus business meetings or conferences, and receptions or other social events.
Inappropriate comments posted about a colleague or student on a social networking site or blog may be considered a violation of this policy. Franklin & Marshall employees and others covered by this policy are expected to use good judgment and to interact with colleagues and students in a professional manner when using social networking sites.
Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the College's educational mission. Speech, or other expressions, occurring in an instructional or research context will not be considered to constitute harassment as prohibited by this policy, unless, in addition to satisfying the definition above, it is targeted at a specific person(s) and is either abusive, humiliating, or persists despite reasonable objections by the person(s) targeted by the speech.
In order to maintain a safe and respectful learning and working environment, faculty, professional staff, and students are expected to interact with each other in a professional manner. Romantic or sexual relationships between College employees and students, as well as supervisors and those they supervise, may negatively affect learning, department performance, and morale; create conflicts of interest; and may lead to claims of sexual harassment or assault, abuse of power, or favoritism. Therefore, romantic or sexual relationships between College faculty or staff and students, and between supervisors and those they supervise, even when consensual are not permitted.
Harassment of students is strictly prohibited. Students are to promptly report suspected harassment, assault, or rape to the College’s Title IX Coordinator at (717) 358-7178.
Members of the faculty and professional staff, and other individuals including contracted service providers, who witness or become aware of possible harassment of a student by a College employee or other individual affiliated with the College are to immediately notify the College’s Title IX Coordinator at (717) 358-7178.
Harassment of employees or students by a visitor to the College, a Trustee of the College, a College volunteer, a contractor or contracted service provider, or a vendor to the College is strictly prohibited.
Harassment of an employee is to be promptly reported to the Title IX Coordinator, (717) 291-3993, or to the Director of Human Resources, (717) 358-4353. Harassment of a student is to be reported to the Title IX Coordinator, (717) 291-7178.
Visitors who harass employees or students will be required to leave College premises, and may be prosecuted to the full extent of the law.
Harassment of visitors to the College is also prohibited. Visitors should report conduct prohibited by this policy to the Title IX Coordinator, (717) 291-3993 or to the Department of Public Safety, (717) 291-3939.
In accordance with Title IX of the Education Amendments of 1972, which prohibits a college from discrimination based on sex, Franklin and Marshall College does not discriminate on the basis of sex or gender in its educational programs and activities.
Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator, Appel Health Services, Franklin & Marshall College, Lancaster, PA 17604, (717) 358-7178, Janet.Masland@fandm.edu.
Inquiries or complaints may also be directed to the Office for Civil Rights, Philadelphia Office, U.S. Department of Education, 100 Penn Square East, Suite 515, Philadelphia, PA 19107-3323, telephone number (215) 656-8541, fax 215-656-8605, email address OCR.Philadelphia@ed.gov.
Procedures for Reporting Suspected Harassment and Sexual Violence
The Title IX Coordinator has College-wide responsibility for assuring that complaints of sexual harassment, including sexual violence, are investigated in a prompt, thorough, and equitable manner, and for meeting the College’s legal obligations in any sexual harassment or sexual violence matter. Any member of the College community may at any time report sexual harassment, including sexual violence, to the Title IX Coordinator.
Reports may also be made as outlined below. The individual who receives the report will notify the College’s Title IX Coordinator that a report has been made.
In situations where personal safety is clearly not at risk, an employee or student who believes he/she has been subjected to sexual harassment by a member of the faculty or staff; a supervisor, manager, or department chair; or third party is encouraged to clearly communicate to the alleged offender that the behavior is unwelcome. If the individual does not feel comfortable doing so, or if the matter involves conduct such as sexual assault, he/she is to follow the procedures described below.
Suspected Harassment of a Member of the Faculty or Professional Staff—
Faculty and professional staff who believe they are being harassed in violation of this policy, or who believe another member of the faculty or professional staff is being harassed, are to report that information to one of the following:
Suspected Harassment of a Franklin & Marshall Student—
Faculty, professional staff, students, contracted service providers, or others who have information about harassment of students are to report that information to one of the following:
Members of the faculty and staff, including supervisors, managers, and department chairs, as well as contracted service providers, who witness harassment toward an employee or a student in violation of this policy, or become aware that harassment may be occurring, are required to promptly notify the appropriate individual as described above. This applies even if a complaint of harassment is not made directly to the individual.
In all cases, the College’s Title IX Coordinator will be informed of the complaint.
As indicated above, faculty and professional staff who believe they are being harassed in violation of this policy, or who believe another member of the faculty or professional staff is being harassed, are to report that information to one of the following: the College’s Title IX Coordinator, (717) 358-7178; the Director of Human Resources, (717) 358-4353; or the Provost and Dean of the Faculty, (717) 291-3986 (for faculty members making reports).
If an employee, contracted service provider, or other member of the College community learns about sexual harassment, discrimination, or sexual assault / sexual violence involving a student, the individual should promptly contact the College’s Title IX Coordinator, (717) 358-7178.
Other suspected criminal activity involving or witnessed by a member of the College community is to be immediately reported to the Department of Public Safety, (717) 291-3939. Employees, students, and others are also encouraged to report suspected criminal activity to the appropriate law enforcement official.
Please note: Members of the faculty and professional staff should also see the College’s policy for Mandated Reporters (http://www.fandm.edu/humanresources/college-policies ) for important information about reporting suspected assault and other crimes. As noted above, any suspected criminal activity should be reported to the Department of Public Safety, (717) 291-3939.
When the College receives a complaint of sexual harassment, including sexual violence, as defined by this policy, or a complaint under Title IX, it will conduct a prompt, thorough, and impartial investigation as summarized below. The College’s Title IX Coordinator will be notified of the claim. The Title IX Coordinator will determine to whom to assign the responsibility to investigate. The investigation will typically involve interviewing the individual who believes he/she has been harassed; interviewing the individual who has been accused; and interviewing any witnesses or those who are believed to have relevant information about the claim. The individual being accused generally has the right to know who has made an allegation against him/her. The supervisor of an employee making a claim and the supervisor of an employee being named in a claim may be notified of the claim, only if appropriate.
When the individual making a claim or the accused is a member of the faculty, the investigation will normally be assigned to the Provost’s Office with oversight by the Title IX Coordinator. Generally, an Associate Dean of the Faculty will conduct the investigation, meeting with the individual making the claim, the individual who has been accused, and any witnesses or those who may have relevant information. The individual who made the claim and the individual who was accused will be notified, in writing, of the outcome of the investigation. Any corrective action toward a faculty member will be determined based on procedures set forth in the Faculty Handbook.
When a claim involves an employee of the College other than a faculty member, the investigation will typically be assigned to the Director, Human Resources. The Title IX Coordinator may delegate responsibility for the investigation to another member of the professional staff as appropriate. The individual who made the claim and the individual who was accused will be notified, in writing, of the outcome of the investigation.
Any corrective action toward a member of the professional staff will be based on standard College procedures. The College, in its sole discretion, makes disciplinary decisions.
Claims involving students will be investigated per the Sexual Misconduct Policy available in the College Life Manual.
During the course of an investigation, the individual conducting the investigation and/or the Title IX Coordinator may consult with or notify the College President, the Provost, the Dean of the College, the Director of Human Resources, the Director of Public Safety, and/or another administrator or outside legal counsel as appropriate.
The privacy of all those involved, including the accuser and the accused, will be protected to the extent possible. Only those with a business need-to-know will be involved in the investigation.
When a complaint is filed by a student who requests that his/her name or other identifiable information not be revealed, the Title IX Coordinator will evaluate that request in the context of the College’s responsibility to provide a safe and non-discriminatory environment for all students. If confidentiality cannot be assured, the Title IX Coordinator or investigator will so notify the student.
Employees questioned by the College during the course of an investigation are expected to provide their full cooperation. In turn, it is the expectation of the College that all those involved in an investigation, including the individual making the claim, the individual who has been accused, and any witnesses will be treated with dignity and respect during the course of the investigation.
In cases involving unusually serious conduct or a clear risk of retaliation, the College will take measures to protect the complainant from harm or retaliation, such as a temporary or permanent transfer of the alleged offender to another position, suspension of the alleged offender, or other reasonable interim measures.
If criminal conduct has been alleged, the claimant may elect to file a complaint with the appropriate authorities. The College will conduct its own investigation even if a criminal investigation occurs.
The College will normally conclude its investigation in a period of 60 days or less. In rare cases where the matter presents particular complexities or the unavailability of witnesses, the time period may be extended. All investigations will offer an equal opportunity for the accuser and the accused to present relevant witnesses and other evidence. At the conclusion of the investigation, appropriate administrators of the College will determine whether a violation of this policy occurred using a “preponderance of the evidence” standard. This means that, based on the totality of the evidence, harassment more likely than not occurred (not a “clear and convincing evidence” standard).
The individual making the complaint, as well as the alleged offender, will be apprised of the outcome of the investigation in writing. If either the individual making the complaint or the alleged offender is not satisfied with the results of the investigation, he/she may file an internal complaint by following the College's Problem Resolution Procedures, available from the Human Resources web pages.
If the complaint of harassment is found to have merit, appropriate action will be taken against the individual(s) responsible for a violation of this policy, up to and including immediate termination of employment. Faculty disciplinary matters will be handled per procedures outlined in the Faculty Handbook. The College will take necessary action designed to assure no recurrence of harassment. Romantic or sexual relationships between College employees and students, even when consensual, are prohibited and may lead to immediate employment termination.
No retaliation will be taken or permitted against an employee or student who makes a good-faith report of harassment, or toward anyone who cooperates in the investigation of the complaint. Allegations of retaliation should be reported to the same individuals to whom reports of sexual harassment and sexual violence are to be made, as outlined above.
The internal reporting procedure described above is to be followed so harassment can be dealt with promptly by the College. Employees also have the right to file a complaint of unlawful harassment with the Pennsylvania Human Relations Commission and the federal Equal Employment Opportunity Commission. Complaints filed with the PA Human Relations Commission must be filed within 180 days of the last instance of unlawful harassment. Employees who file a charge with the Equal Employment Opportunity Commission must do so within 300 days of the last incident of unlawful harassment. Employees and students may also file complaints with the Office of Civil Rights of the U. S. Department of Education, 400 Maryland Avenue S.W., Washington DC 20202-1100, www.ed.gov.
To access the College's Anti-harassment Policy, please visit the Human Resources “Policies” web page at www.fandm.edu/college-policies.
Policy Maintained by: Human Resources, Director
Last Reviewed: August 12, 2014