Anti-Harassment Policy

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 harassment or discrimination of, or by, employees and students of the College based on gender, sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, veteran’s status, pregnancy or childbirth, sexual orientation, or membership in any other protected group based on federal, state, or local law. The College will act expeditiously to investigate alleged harassment and to remedy valid allegations.

Franklin & Marshall College affirms its commitment to ensuring fair and respectful learning and working conditions for its students, faculty, and professional staff. Harassment of or by faculty, professional staff, or students is unacceptable in a college because it is a form of unprofessional behavior detrimental to the educational and work environments. Harassment is prohibited based on College policy and Title VII of the Civil Rights Act. Additionally, in accordance with Title IX of the Education Amendments of 1972, Franklin & Marshall College does not discriminate on the basis of sex in its educational programs and activities.

Scope

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”).

Definition and Prohibited Behaviors

Harassment is unwelcome and offensive behavior that intimidates or discriminates against an individual or group based on gender, sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, veteran’s status, pregnancy or childbirth, sexual orientation, or membership in any other protected group based on federal, state, or local law. It is behavior that has the effect of creating an intimidating, hostile, or offensive work environment which interferes with an individual's ability to perform his/her job. Harassing behaviors may be verbal, written, or physical.

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:

  • Verbal Harassment or Abuse -- employing slurs, epithets, or insulting jokes which reference gender, sex, race, national/ethnic origin, color, religion, age, disability, or sexual orientation; other inappropriate or derogatory comments, questioning, or innuendos which reference a protected class; bullying; threats

  • Visual Harassment or Abuse -- displaying, posting, advertising, or distributing material that is offensive, indecent, or abusive which references gender, sex, race, national/ethnic origin, color, religion, age, disability, sexual orientation or any other protected class; making obscene gestures

  • Physical Harassment or Abuse Including Sexual Violence -- unwanted touching or other physical contact; abuse of personal property; sexual assault; domestic violence, dating violence or stalking

  • Retaliation — penalizing, threatening, or retaliating against an individual or group who makes a good - faith report of harassment, as defined by this policy, or who cooperates in the investigation of a claim or is allied to someone who does

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:

  • posting or distributing explicit or discriminatory materials, including calendars, posters, or cartoons, that others would likely find offensive or do find offensive

  • using or maintaining sexually explicit or offensive screen savers or other computer files

  • leering or making "catcalls"; making unwelcome comments of a sexual nature toward or about a colleague or a student

  • displaying offensive objects

  • telling "off color" jokes or joking about someone's age, gender or sexual orientation

  • sending or forwarding derogatory email messages or attachments of a sexual nature

  • repeatedly requesting dates/personal contact despite the other individual's lack of interest; continuing to “flirt” when such behavior is unwelcome

  • requesting sexual favors

  • intentionally pressing against another person or other inappropriate touching

  • making derogatory remarks based on someone's gender /sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, sexual orientation or perceived sexual orientation

  • sending or forwarding derogatory email messages that reference gender/sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, sexual orientation or perceived sexual orientation

Behavior that may not necessarily be unwelcome to a particular individual (such as joking or banter) but which refers to gender, race, national/ethnic origin, color, religion, age, disability, or sexual orientation in a demeaning or insulting way is unacceptable 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 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 situations where personal safety is clearly not at risk, an employee or student who believes he/she has been subjected to 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.

Personal Relationships

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.

Reporting Procedures

Members of the faculty and staff who witness harassment or sexual violence in violation of this policy, or become aware that harassment or violence may be occurring, are required to promptly notify the appropriate individual as described below.  This applies even if a complaint is not made directly to the individual.  

When a Faculty Member Is Involved

Faculty 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 Provost and Dean of the Faculty, (717) 358-3986 (for faculty members making reports)

  • The Director, Human Resources, (717) 358-4278

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 Director, Human Resources. Generally, an Associate Dean of the Faculty will conduct the investigation. Faculty disciplinary matters will be handled per procedures outlined in the Faculty Handbook.

When a Professional Staff Member Is Involved

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 the Director, Human Resources, (717) 358-4278.

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.  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.

When a Student Is Involved

Faculty, professional staff, students, contracted service providers, or others who have information about harassment of students or sexual violence involving a student are to report that information to one of the following:

  • The College’s Title IX Coordinator (717) 358-7178, or

  • The Deputy Title IX Coordinator (717) 358-5988

Claims involving students will be investigated per the Sexual Misconduct, Discrimination and Harassment Policy.

Harassment by a College Visitor

Harassment of employees or students by a visitor to the College, a College volunteer, a contractor or contracted service provider, or a vendor to the College is strictly prohibited.  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 an employee is to be promptly reported to the Director, Human Resources, (717) 358-4278. Harassment of a student is to be reported to the Title IX Coordinators: (717) 358-7178 or (717) 358-5988.

Harassment of visitors to the College is also prohibited. Visitors should report conduct prohibited by this policy to the Director, Human Resources, (717) 358-4278 or to the Department of Public Safety, (717) 358-3939.

Investigation Procedures

When the College receives a complaint of harassment, including sexual violence, as defined by this policy, it will conduct a prompt and thorough investigation. The investigation may 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, if appropriate, be notified of the claim.

During the course of an investigation, the individual conducting the investigation may consult with or notify the Title IX Coordinators; the College President; the Provost; the Dean of the College; the College’s General Counsel; the Director, Human Resources; the Director, Public Safety; and/or another administrator or external 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.

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.

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 harassment and sexual violence are to be made, as outlined above.

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 College policies and expectations occurred.

The individual making the complaint, as well as the alleged offender, will be apprised of the outcome of the investigation. 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 Policy.

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. The College will take necessary action designed to assure no recurrence of harassment.

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.

Sexual Assault, Domestic Violence, Dating Violence or Stalking

  • It is important to preserve evidence that may assist in proving that a criminal offense occurred or that may be helpful in obtaining a protection order,  particularly with situations involving sexual assault, domestic violence, dating violence and stalking.

  • You will be provided with written notification that accommodations and protective measures are available to ensure your safety.   The notification will inform you how to request such safety measures.

  • Both the accuser and the accused are entitled to use an advisor (including an attorney) during any ‘proceeding’ that the College conducts in connection with the investigative process.

  • The evidence standard of ‘preponderance of the evidence’ standard is used in evaluating cases involving domestic violence, dating violence, sexual assault and stalking.

Mandated Reporters Policy

Members of the faculty and professional staff should also see the Mandated Reporters Policy for important information about reporting suspected assault and other crimes.

Reporting Suspected Criminal Activity

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)358-3939.  Employees, students, and others are also encouraged to report suspected criminal activity to the appropriate law enforcement official.

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Policy Maintained by: Human Resources, Associate Vice President
Last Reviewed: July 25, 2016