THE CITADEL
The Military College of South Carolina
171 Moultrie Street
Charleston, South Carolina 29409
MEMORANDUM 15 September 1997
NUMBER 20*
SEXUAL HARASSMENT
1. PURPOSE:
All employees and students are entitled to a positive learning
and working environment free of any type of sexual harassment.
The Citadel's administration has a zero tolerance for any form of
sexual harassment or sexual violence. In severe instances, cadets
or employees may be expelled or have their employment terminated.
Sexual harassment between or among any members of The Citadel
community is prohibited, including faculty-student and student-to-
student harassment. Sexual harassment also violates federal and
state laws.
The purpose of this memorandum is to define and stop sexual
harassment, to establish policies, and to establish procedures for
reporting and investigating sexual harassment complaints by
students, faculty or staff in a timely manner and to describe
sanctions.
Recommended changes to this memorandum should be submitted to
the Title IX Coordinator in Human Resources who is the proponent
for this regulation.
2. REFERENCES:
A. Equal Employment Opportunity Commission (EEOC) Guidelines
on Sexual Harassment in the Workplace (Title VII of the Civil
Rights Act of 1964).
B. Office for Civil Rights, U.S. Department of Education;
Sexual Harassment Guidance: Harassment of Students by School
Employees, Other Students, or Third Parties (Title IX of the
Educational Amendments of 1972), dated 13 March 1997.
C. South Carolina Human Affairs Law, S.C. Code Ann. 1-13-10
to-100 (1990).
*Supersedes Memorandum Number 20, SEXUAL HARASSMENT, dated 29
September 1992 and the Working Draft dated 15 August 1997.
3. BEHAVIORAL AND LEGAL DEFINITIONS:
A. Behavioral. Unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment when:
(1) submission to such conduct is made either explicitly
or implicitly a term or condition of a person's
employment, or other student opportunities.
(2) submission to or rejection of such conduct by an
individual is used as the basis for decisions affecting an
individual's employment, academic standing, or other
student standing, or other student opportunities.
(3) such conduct has the purpose or effect of
unreasonably interfering with a person's work,
professional or academic performance or creating an
intimidating, hostile, or offensive work, learning, or
social environment.
B. Legal. Sexual harassment is a form of sexual
discrimination and is prohibited by the following:
(1) Title VII of the Civil Rights Act of 1964. Title VII
covers all employers, including educational institutions,
and prohibits discrimination on the basis of race, color,
national origin, religion, and sex. Only employees
(including student employees) are covered. Title VII is
enforced by the Equal Employment Opportunity Commission
(EEOC).
(2) Title IX of the Educational Amendments of 1972.
Title IX prohibits sex discrimination in schools receiving
any federal assistance, including financial aid.
Discrimination, including sexual harassment, is prohibited
in the entire school, not just the program receiving
federal funds. Students and employees are covered. In
February 1992, the U.S. Supreme Court unanimously ruled
that complainants under Title IX may sue for damages.
Title IX is enforced by the Office for Civil Rights in the
Department of Education.
(3) Individuals may also be sued under the provisions of
state law for criminal behavior which may include crimes
of rape, sexual assault, or sexual abuse.
C. Offending Behaviors. Sexual harassment is unwanted sexual
attention. It is usually repeated behavior but it could be
one serious incident. It is frequently a display of formal or
informal power intended to demean, embarrass, intimidate or
coerce a person. It includes, but is not limited to, unwanted
requests or demands for sexual favors, propositions, questions
about a person's sexual practices, lewd comments, leering,
sexual insults or innuendos and sexually explicit jokes. It
also includes unwanted touching, fondling, patting, pinching
or kissing, as well as blocking a person's way. Sexual
graffiti and sexually explicit pictures, cartoons or objects
can also constitute sexual harassment. Although some forms of
sexual harassment may be unintentional, words and behaviors
such as those described above may be harassing when viewed or
heard by others. Words which are demeaning to one gender,
such as calling men and women by names for body parts or
derogatory names are forms of sexual harassment.
Both men and women can be sexually harassed although women
are most often the targets of sexual harassment. Sexual
harassment can also occur between members of the same sex.
Additional examples of sexual harassment are illustrated in
the following list but is not limited to these examples:
(1) Quid Pro Quo. One form of sexual harassment is direct
or indirect pressure for sexual activity with implicit or
explicit threats or bribes such as a harasser asking a
subordinate, co-worker, or peer to engage in sexual
activity in order to receive improved work, learning, or
social conditions (e.g. better conditions, promotions,
evaluations, etc).
(a) This form of harassment usually occurs when people
use the power they have over others. Usually, the
harasser asks a subordinate or co-worker to have sex in
order to receive improved work conditions (e.g. better
benefits, conditions, promotions, or performance
ratings).
(b) A school employee explicitly or implicitly
conditions a student's participation in a
educational program or conditions a student's
participation in a educational program or activity or
bases an educational decision on the student's
submission to unwelcome sexual advances, requests for
sexual favors, or verbal, nonverbal, or physical
contact of a sexual nature.
(c) Quid pro quo harassment is also unlawful when the
student or employee resists and suffers the threatened
harm or submits in order to avoid the threatened harm.
(d) Quid pro quo cases are usually the most flagrant
and clear cut (although not the most frequent) kind of
sexual harassment. Typically the person involved is a
supervisor, faculty member, or someone with formal
power who can provide or withhold a benefit, service or
evaluation, and thus has the power to harm the person
involved.
(e) The major elements of quid pro quo harassment are
as follows:
the sexual advances or demands are unwanted, and
submission is explicitly or implicitly a term or
condition of employment or school status or is used as
the basis for decisions about the individual's
employment or school status.
(2) Hostile Environment Sexual Harassment.
(a) Sexually harassing conduct (which can include
unwelcome sexual advances, requests for sexual favors,
and other verbal, nonverbal, or physical conduct of a
sexual nature by an employee, by another student
(peer), or by a third party) is behavior which is
sufficiently severe, persistent, or pervasive to create
a hostile or abusive educational or work environment to
limit a person's ability to work or participate in or
benefit from an education program or activity.
(b) Harassment occurs when one or more people create
an uncomfortable, intimidating, and demeaning
atmosphere for others either in the work place or
educational setting by engaging in unwelcome activities
such as sexual remarks, gestures, sexist pictures or
pornography.
(c) The harasser who creates a hostile environment
does not have to be a person with formal power. In
fact, most peer-to-peer harassment is of a hostile
environment type.
(d) The behavior does not have to be sexual in nature;
it could be simply demeaning or intimidating; it could
be general comments about the inferiority of females or
males; or it could be physical threats or verbal abuse.
(3) Examples of sexual harassment include, but are not
limited to the following:
(a) Sexual comments, sexual innuendos, degrading
language, profanity, or vulgar comments.
(b) Asking or commenting about a person's sexuality or
spreading rumors about a person's sexual activities.
(c) Humor or jokes about sex or women in general.
(d) Sexually suggestive sounds or gestures, including
winking, throwing kisses, cat calls, licking lips,
whistles, etc.
(e) Pestering a person for dates.
(f) Ogling, leering, or looking a person up and down
(elevator eyes).
(g) Unnecessary touching, fondling, patting, or
pinching, or deliberate brushing against a person.
(h) Shouting obscenities at a person.
(i) Publicly discussing a man or woman's sexual
attributes.
(j) Mooning.
(k) Pulling down one's own shorts or pants or those of
another.
(l) Creating a sexually demeaning atmosphere, such as
displaying posters or pictures that are sexist or
otherwise demeaning to women or men, or having
social events that focus on sexuality.
(m) Showing petty hostility to a particular sex by
making sexual remarks.
(n) Engaging in sexual banter or jokes.
(o) Leaving obscene messages on campus computers.
(p) Promise of rewards or benefits for cooperating
with advances.
(q) Sexual graffiti and sexual explicit pictures,
cartoons, or objects.
(r) Sexually touching or rubbing oneself in a
suggestive way when around another person.
(s) Intentionally cornering or blocking another's
passage or other "in your face" type of behavior.
(t) Repeated, unwelcome sexual attention.
(u) Demands, threats and bribes, implied or direct for
sexual activity.
(v) Sexual assault.
4. CONFIDENTIALITY:
The confidentiality of the reporting party as well as
those effected by the harassment (third party) will be
observed to the greatest extent that it is possible, with only
those with a need to know being informed and provided it does
not interfere with The Citadel's ability to investigate or
take corrective actions.
5. INTENT:
The fact that someone did not intend to sexually harass
an individual is no defense to a complaint of sexual
harassment. Regardless of intent, it is the effect and
characteristics of the behavior that determine whether the
behavior constitutes sexual harassment.
6. PROHIBITION AGAINST RETALIATION OR REPRISALS AGAINST ANYONE
REPORTING SEXUAL HARASSMENT BEHAVIORS:
A. Retaliation against anyone reporting or thought to have
reported sexual harassment behaviors or who is a witness or
otherwise is involved in a sexual harassment complaint or
proceeding is prohibited. Such retaliation shall be
considered a serious violation of the policy and shall be
independent of whether a charge or informal complaint is
substantiated. Encouraging others to retaliate also violates
this policy.
B. Examples of retaliation are as follows:
(1) Threats or bribes
(2) Unfair grading
(3) Unfair evaluations
(4) Unfair assignments
(5) Withholding information or making it difficult to
obtain it in a timely manner
(6) Not informing the person about important events such
as meetings or changes in policies
(7) Ridicule (public or private)
(8) Oral or written threats or bribes
(9) Refusal to meet with a person even though that person
has a right to do so
(10) Name calling
(11) Further harassment or intimidation of any nature
7. SCOPE:
A. This policy covers all persons - including administrators,
faculty, staff, cadets, students of the College of Graduate
and Professional Studies and other employees of The Citadel.
The harassment of students by faculty or staff as well as by
other students (peer harassment) is also covered, as is the
harassment of faculty, staff, or other employees by students.
Prospective and former cadets or students as well as visitors
to The Citadel campus are also covered.
B. The harassment of cadets, students, and employees by
vendors, including contractors, is prohibited.
C. Males as well as females are covered by this policy, as
well as same-sex harassment.
8. OTHER FORMS OF HARASSMENT:
Discrimination and harassment based on race, color,
religion, or national origin is strictly prohibited.
9. OFF-CAMPUS VIOLATIONS:
The Citadel includes any off-campus violations of this
policy to be treated in the same manner as on-campus
violations by any cadet, student, or member of the faculty or
staff in those cases involving Citadel off-campus athletic
events, internships, or any Citadel-sponsored event or
program. The Citadel will also not tolerate the harassment of
its cadets or other students or members of the faculty or
staff by non-Citadel personnel in programs sponsored or
supported by The Citadel.
10. IMPACT OF SEXUAL HARASSMENT:
Sexual harassment is demeaning and degrading. It affects
an individual's self-esteem and can have a negative impact on
performance at work or in class. It can make an individual
feel angry, powerless, and fearful, as well as causing
physical reactions such as tension/stress.
11. FALSE CHARGES:
Any one who knowingly makes false charges of sexual
harassment will be subject to discipline. Such charges will
be considered a serious offense. However, a complaint that
cannot be substantiated simply because of a lack of evidence
shall not be considered a false complaint. The decision on
whether or not false charges were submitted will be made at
the Vice President level after a careful review of the
available facts.
12. CONSENSUAL RELATIONSHIPS:
The Citadel strictly prohibits amorous relationships
between a cadet and any individual with professional
responsibility for that student e.g. faculty, staff, or a
member of the cadet's chain of command. The fact that a
relationship may have been consensual at one time shall not be
a defense to a subsequent charge of sexual harassment.
13. COMPLAINT PROCEDURES:
A. Options for Handling Complaints
(1) The individual informally takes steps which may stop
the behavior. (See Annex A)
(2) The Citadel initiates actions informally. (See Annex
A)
(3) Formal charges under The Citadel's sexual harassment
procedures can be filed by either the individual
complaining or The Citadel against the offender. (See
(See Annex B)
(4) The person can file formal charges under federal
and/or state laws.
(5) Seek advice or assistance from the ombudsperson (See
paragraph 21)
B. Informal Complaint Procedures (See Annex A)
(1) Studies show that more than 90 percent of individuals
who experience sexual harassment do not want to file
formal charges.
(2) Consequently, most complaints are handled informally
including those handled by the ombudsperson.
(3) Informal procedures are optional, and individuals can
choose to bypass them, discontinue them or initiate a
a formal complaint while using them.
(4) The purpose of dealing with a complaint informally is
to stop the offending behavior and to resolve the matter
as expeditiously as possible.
(5) Disciplinary action requires a formal charge and by
the rules of due process requires a formal hearing. The
Citadel cannot take disciplinary action using informal
procedures.
(6) Informal procedures are aimed at stopping the
behavior rather than determining culpability.
(7) Informal procedures are voluntary on the part of the
victim, with no requirement that individuals use informal
procedures before filing a formal charge.
(8) There is no requirement that informal complaints be
put into writing.
(9) In cases of severe harassment, The Citadel may bypass
informal resolution by filing its own formal charges
against offenders.
(10) In some cases, the identity of the complainant can
be kept confidential and not be revealed to the alleged
harasser without the person's permission.
C. Formal Complaint Procedures (See Annex B)
(1) Formal complaint resolution procedures include
conducting a thorough investigation that results in a
formal written report of the investigator's findings of
fact, conclusions of law, and recommended actions to
resolve complaint.
(2) The parties to the complaint are interviewed as well
as witnesses and third parties.
(3) Formal complaint procedures may be pursued by either
the person complaining or The Citadel.
(4) A third party, who is not the direct victim of
harassment but who feels that the sexual conduct another
in the educational or work environment has the purpose or
effect of substantially interfering with the third party's
welfare, academic, or work performance, may file a formal
complaint.
(5) A person who believes that he or she is a victim of
sexual harassment should file the complaint within 180
days of the incident.
(6) The formal complaint procedure should be completed
within 30 days from the date of filing and within 60
days from the date of filing when the individual
submits an appeal.
(7) Formal complaints should be filed with The Citadel's
Affirmative Action Officer who also serves as The
Citadel's Title IX Coordinator. The Affirmative Action
Officer is overall responsible for ensuring that the
policy is followed, that time frames are observed, and
that questions from all parties are answered.
(8) Investigations of allegations involving a member of
the faculty or staff will be conducted in a confidential
manner by The Citadel Affirmative Action/Equal Employment
Opportunity Advisory Committee, which is a three-person
investigative committee appointed by the Vice President or
the President who directed the investigation. The
investigation will include questioning of any witnesses
and the individual(s) accused of wrongdoing to afford them
the opportunity to respond to the allegations of the
complaint. The advisory committee will collect, record,
and safeguard all information and/or evidence relative to
the incident and report findings through the Vice
President of Academic Affairs to the President for final
disposition. Board procedures will follow paragraph 5c of
College Regulations.
(9) Investigations of allegations involving a cadet will
be conducted through the use of a Commandant's Board or
Hearing. The procedures outlined in the Blue Book will be
followed for due process procedures. The results of the
hearing or board will be forwarded to the Commandant of
Cadets. Recommendations of suspension, dismissal, or
expulsion will be forwarded to the President for final
action.
(10) A copy of all completed formal investigations of
sexual harassment will be forwarded to The Citadel's
Affirmative Action Officer/Title IX Coordinator for
filing.
(11) The final appeal authority for those actions where
termination is recommended and the President takes the
final action will be the Board of Visitors. All rights
and procedures for appeals will be in accordance with
paragraph 5c of College Regulations and General Order 20
dated 28 May 1985.
(12) Hearings and Boards will be either open or closed
based on the desires of both the victim and the accused.
Both must agree if the hearing is to be open based on
their individual desires for confidentiality. If either
party objects to the hearing being open, it will be
closed.
(13) The hearings or boards are administrative in
nature; therefore, there is not a right to legal
representation. Appeal procedures are as stated in
College Regulations.
(14) The standard for findings of guilt or innocence is
that of "a preponderance of evidence"-that is, in civil trials,
evidence is required only by preponderance of the evidence.
The judge (or jury, where applicable) will perceive the evidence
of one side as outweighing the other based on which side has the
most persuasive or impressive evidence. The strength or "weight"
of evidence is not decided by the sheer number of witnesses because
the judge decides on the credibility of witnesses and give their
testimony weight accordingly. The side with the preponderance of
evidence wins the case.
14. SANCTIONS:
The following list of sanctions may be used when a person is
found guilty of harassing behavior. The purpose of the
sanctions will be reasonably calculated to end the sexual
harassment, punish the harasser, and prevent recurrence of
incidents. Although advice and counselling may be appropriate
occasionally, they are not applied in lieu of sanctions. If
alcohol were involved, attendance may be required at a program
on alcohol abuse. The sanctions (listed below) can be applied
to cadets, faculty, students or staff. Those sanctions that
specifically apply to a selected group are designated, i.e.
(faculty/staff), (cadets/students), (cadets).
A. Applies to cadets, students, faculty, or staff:
(1) Written warning letter of reprimand
(2) Mandatory attendance at a sexual harassment training
or counselling program. (This is not likely to be imposed
as a single sanction).
(3) Change of job or class assignment (removes the
person from being in a position to retaliate or further
affect the victim).
(4) A mandatory apology to the victim(s).
(5) When sexual assault or sexual abuse is involved, the
incident will be reported to the police. Reporting an
incident to the police will not affect any disciplinary
proceeding conducted by The Citadel.
(6) Require relevant community service such as preparing
posters or disseminating information about harassment
and/or sexual assault.
B. Faculty/staff
Probation, suspension, dismissal or termination
C. Cadets
(1) Prohibit the cadet from holding rank or participating
in specific student activities, including sports, for a
specified time period.
(2) Transfer of the cadet or student to another academic
class or company assignment.
(3) Tours or confinements
(4) Suspension, dismissal, or expulsion
15. PERSONS TO CONTACT IF AN INDIVIDUAL IS EXPERIENCING SEXUAL
HARASSMENT:
A. There are several places where a person experiencing
sexual harassment or concerned about it can go for help. They
can choose to go to the person with whom they feel most
comfortable. The information will be kept confidential to the
greatest extent possible. The persons listed in the following
paragraphs can explain the policy and discuss options for
handling the situation.
B. For Faculty or staff members who feel that they have been
sexually harassed or are concerned about it, the following
procedures should be taken:
(1) Discuss the matter with an immediate supervisor, an
appropriate person upward in the chain of command and/or
the Affirmative Action Officer in Human Resources, the
Director of Human Resources or the ombudsperson (see
paragraph 21). Assistance is also available through the
Chaplain or the Counseling Center who may suggest options
and help the person decide what steps need to be taken
next. The President's Hotline 953-OUCH is also available
to report problems. This line is available via voice mail
24 hours a day. (See TABs A and B for how complaints are
handled both informally and formally.
(2) To ensure confidentiality do not discuss the complaint
with persons other than the persons receiving the
complaint.
(3) Detailed procedures for informal complaints are
located at Annex A.
(4) Detailed procedures for formal complaints are located
at Annex B.
C. Cadets who have knowledge of sexual harassment or who feel
that have been sexually harassed should discuss the behavior
with any of the people listed below.
(1) Discuss the matter with an immediate supervisor in the
chain of command, an appropriate person upward in the chain
of command, and/or a tactical officer, an assistant
commandant or the Commandant of Cadets. A cadet may also
discuss the matter with the ombudsperson (see paragraph
21), the Title IX Coordinator, a cadet Human Affairs
Officer or a cadet Religious Officer, a Chaplain or any
campus minister, a counselor in the Counseling Center, a
member of The Citadel Faculty or Staff, or a Public Safety
Officer. The important point is to report the alleged
harassment to someone in authority.
(2) It is the responsibility of the person receiving the
complaint from a cadet to quickly (within 24 hours) pass
the information to the officer listed below who will
determine if an immediate investigation is required to
determine the facts and circumstances surrounding the
incident.
If the person accused is: The complaint should be filed with:
A cadet The Assistant Commandant of Cadets
A member of the Faculty The Dean of Undergraduate Studies
A member of The Citadel Staff The Affirmative Action Officer
(3) The victim should complete the appropriate harassment
complaint form (formal complaints only)
(4) The accused will be informed of the charges and be
given the opportunity to refute the charges. (formal
complaints only)
(5) The complainant will receive a timely written response
to the allegation or be informed of the results face to
face from the person listed above or the person who
conducted the investigation. The notice will inform the
complainant that the allegation was either substantiated or
not and to whom it was sent for action. (formal complaints
only).
(6) Sexual harassment complaints against a member of The
Citadel Faculty or Staff will be promptly investigated by
The Citadel Affirmative Action/Equal Opportunity Advisory
Committee. (formal complaints only)
(7) If the complaint, based on the investigation, is
valid, then it will be sent to the Vice President level
supervisor for review and appropriate action:
If the accused is: Review and action authority is:
A cadet The Commandant of Cadets
Faculty VP for Academic Affairs
Staff VP for Finance and Business
Affairs
(8) Throughout the process of investigation on harassment
complaints, strict confidentiality will be maintained by
all involved.
(9) Final disposition on the matter will be taken by the
President. The appropriate disciplinary action will be
taken based on the facts, on a case by case basis.
(10) Proven allegations of harassment may be considered
as the commission of an act unbecoming a cadet which would
tend to bring discredit to the institution or to the
uniform.
16. RETALIATION:
Under no circumstances will retaliation such as making threats
or continued harassment, be tolerated when a cadet has
reported an alleged sexual harassment violation.
17. REPORTING REQUIREMENTS
A. The Citadel requires that all cadets, students, faculty,
and administrators who have knowledge of sexual harassment to
report it confidentially to the officials noted in paragraph
15 of this memorandum as soon as possible based on their
knowledge of the incident. The report will not include the
name of the victim without the victim's permission unless
there is a known or perceived threat of physical harm.
B. Such reporting enables The Citadel administrators to
identify problem areas that can, in some instances, be
eliminated by initiating educational efforts for a particular
unit without identifying the information that makes the
educational efforts necessary. Such reporting also helps in
identifying persons who may have a history of harassing, which
requires stronger means of intervention.
C. As a minimum, the information should be reported to either
the Affirmative Action Officer, who is The Citadel's Title VII
and IX Coordinator or one of the assistant coordinators listed
in paragraph 18 of this memorandum.
18. TITLE VII AND IX COORDINATORS:
A. The Citadel's Title VII and Title IX Coordinator for SY
1997-1998 is Mr. Michael L. Vanderhurst. His office phone
number is 953-5252 and his home phone number 763-1155. His
office is located in the Human Resources office in the Bond
Hall Annex.
B. Assistant coordinators for SY 1997-1998 are LTC Bonnie
Houchen, Assistant Commandant of Cadets. Her office phone
number is 953-6707. Her home phone number is 853-4873. Her
office located in Jenkins Hall; CPT Christopher Kennerly, the
Multicultural Officer. His office phone number is 953-5096.
His home phone number is 553-8156. His office is located in
the Counseling Center. COL Joseph Trez, Special Assistant to
the VPAA for Cadet Matters. His office phone number is 953-
4834. His home phone number is 763-0046. His office is
located in the Executive Wing of Bond Hall.
19. MAINTAINING RECORDS:
A. All complaints of sexual harassment will be recorded once
they are reported to The Citadel. The records will remain
confidential and will be kept in a secured locked file.
B. Records will be maintained whether the complaint was made
formally or informally. Records will be maintained on
informal complaints only if reported to the Title IX officer.
For example, the ombudsperson will not file reports because
all of the information that he or she has is confidential.
C. The records will be maintained in the following locations:
(1) Records on faculty or staff will be maintained by Mr.
Vanderhurst in Human Resources.
(2) Records on cadets will be maintained by the Assistant
Commandant of Cadets, MAJ Houchen.
D. The information may be used in subsequent complaints
against the same person to assess whether a pattern of
harassment exists.
E. Before the complaint is filed, the custodian will ensure
that the complaint is properly completed and that a
determination was properly made as to whether the complaint
was substantiated or not substantiated and that it is marked
properly.
F. Records will be maintained for the time period required by
institutional policy for the type of person identified.
20. TRAINING REQUIREMENTS
A. The Commandant of Cadets will publish an annual training
program concerning sexual harassment NLT the start of each
Academic year that outlines training requirements for all
classes within the Corps of Cadets. This training is
mandatory for all cadets. Make-up classes are required for
any cadet who misses the regularly scheduled training.
B. New faculty and staff will attend mandatory initial
training on Title VII and Title IX during their new employee
or faculty orientation session. Mandatory sustainment
training will be held annually according to requirements set
forth by the Director of Human Resources for staff and by the
VPAA for the faculty.
21. THE OMBUDSPERSON
A. The President of The Citadel will appoint an Ombudsperson
at the beginning of each academic year.
B. All communications with the ombudsperson shall be
considered confidential. The ombudsperson will not reveal any
name or names of people without their express permission in
writing unless there is a perceived threat of imminent
physical harm or other illegal activity.
C. The ombudsperson will have direct access to the President
of The Citadel and to all vice presidents and directors.
D. All interactions with the ombudsperson shall be voluntary.
E. The general duties and responsibilities of the
ombudsperson are as follows:
(1) Act as a source of information and assistance to all
students, faculty, and staff with regard to alleged
inequities (No individual shall be retaliated against for
using the services of an ombudsperson).
(2) Bring the complaint to the attention of the
appropriate Citadel official.
(3) Seek to resolve the difficulty between the individual
and The Citadel.
(4) Make recommendations to the President and appropriate
authorities when necessary on policies, procedures
actions.
(5) The ombudsperson seeks to address matters using
existing policies and procedures in an informal manner.
If the individual desires to use formal procedures, the
ombudsperson will direct the individual to the appropriate
office or person.
(6) Keep no case records on behalf of the organization.
If notes are necessary to manage the work, the
ombudsperson will follow a consistent and standard
practice for the destruction of any written notes as soon
possible.
(7) Remains neutral and strives for objectivity and
impartiality.
F. The ombudsperson for FY 97-98 is Major John Carter, Health
and Physical Education Department. Office phone is 953-7453.
Home phone is 577-6830.
22. MANDATORY POSTING REQUIREMENTS FOR THIS MEMORANDUM:
A. This regulation will be maintained in its entirety and
permanently posted in the White Book binder located in each
cadet's room. The presence of the booklet is an inspection
item during Saturday Morning Inspections. Readmitted cadets
at the start of the Spring semester will be required to attend
a Sexual Harassment training session and will receive this
memorandum at the session.
B. New faculty and staff will receive a copy of this
memorandum during new employee or faculty orientation.
C. A copy of this memorandum will be posted in the permanent
section of every cadet company's bulletin board.
D. A copy of this memorandum will be located in every
department's policy file in their administrative office.
E. Copies of this memorandum will be required reading for all
staff and faculty on an annual basis. A roster indicating
that the memorandum was read by all will be maintained in the
department's administrative office.
FOR THE PRESIDENT
OFFICIAL: CHARLES B. REGER
COL, USAF, RET
Executive Assistant to the President
Attachments:
Tab A: Informal Complaint Procedures
Tab B: Formal Complaint Procedures
Distribution:
1 each cadet
1 each staff member
1 each faculty member
1. What Happens in an Informal Complaint Procedure
A. Informal procedures are aimed at stopping the behavior
rather than determining culpability or intent.
B. There is no requirement that informal complaints be put
into writing.
C. Informal procedures are optional and voluntary on the part
of the victim, with no requirement that individuals use
informal procedures before filing a formal charge. In
addition, the victim may discontinue the informal procedure at
any time of their choosing.
D. Disciplinary action requires a formal charge and by the
rules of due process requires a formal hearing. Consequently,
The Citadel cannot take action using informal procedures.
E. Any complaint of harassment will be treated with the
greatest degree of confidentiality possible. Only those with
a need to know will be informed.
F. Retaliation against the victim or the reporter of an
informal complaint is prohibited.
G. The individual making the complaint may be helped to handle
the complaint on their own, or if they so desire, a member of
the chain of command, or of The Citadel Faculty or Staff may
handle the complaint by talking to the harasser and/or
providing training to the harasser or the unit.
H. The definition of sexual harassment is not as important as
in formal procedures because the aim is to stop the offending
behavior, not to determine whether it fits the definition of
sexual harassment.
I. Informal procedures usually do not require an
investigation.
J. The more serious the harassment the more likely informal
procedures may not be appropriate, particularly when violations
of law have likely occurred.
K. Normally, the information, advice, and informal process
will be concluded within 30 days from receipt of the complaint.
2. Informal Methods Individuals Can Use to Stop Harassment
Many times an individual who is experiencing harassment or who
knows of harassment may simply want the behavior to stop and
does not wish to report or file a formal charge against the
harasser. The purpose of dealing with a complaint informally
is to stop the offending behavior, prevent it in the future,
and to resolve the matter as expeditiously as possible. In
these cases, the individual may try one or more of the
following to correct the behavior:
A. Tell the offender that the behavior is unwelcome and that
it must stop.
B. Put a copy of The Citadel's Sexual Harassment policy in the
offender's mailbox after circling or highlighting the
applicable parts.
C. Send a letter to the harasser (See Appendix 1 to this
Annex).
D. See the ombudsperson and seek advice and/or assistance.
All communications with the ombudsperson are strictly
confidential unless there is a perceived imminent threat of
danger or illegal activity.
E. (For faculty or staff members) Seek advice or assistance
from an immediate supervisor, an appropriate person upward in
the chain of command, and/or the Affirmative Action Officer in
Human Resources, or the Director of Human Resources.
F. (For cadets) Discuss the matter with an immediate
supervisor in the chain of command, an appropriate person
upward in the chain of command, and/or a tactical officer, an
Assistant Commandant, or the Commandant of Cadets. A cadet may
also discuss the matter with a cadet Human Relations Officer,
a cadet Religious Officer, a Chaplain or any campus minister,
a counselor in the Counseling Center, or a member of The
Citadel Faculty or Staff.
3. Actions on the Part of Individuals Who Receive an Informal
Complaint
A. Determine whether or not you are prepared to assist the
individual with his/her complaint or if the individual should
be referred to someone else. If you have not received training
in handling complaints of this nature, then you should refer
the complainant(s) to someone else who has had the training.
If you refer them to someone else, make the appointment
yourself and offer to take the person to the office that you
are referring them to.
B. Listen to the complaint, find out what the person wants to
have happen, explain the difference between informal and
formal procedures, and determine the individual's clear intent
to treat the complain in an informal manner.
C. Attempt to find a resolution that is satisfactory to the
complainant, the accused, and The Citadel. At times, a
satisfactory resolution may require the involvement of the
department head or supervisor in the case of a member of the
faculty or staff and either the commander or the tactical
officer in the case of a cadet. The victim should have a say
in whether or not supervisors should be informed because the
individual may desire not to make a report of the matter as
long as the actions taken stop the behavior.
D. Guidelines for conducting the interview with the
complainant(s) are included at Appendix 2 to the Annex.
E. Prepare an agreement to be signed by the complainant and
the accused if the complainant(s) will agree to this procedure.
F. Inform the complainant of the method and time for filing a
formal complaint if a satisfactory resolution cannot be
obtained at the informal level.
G. Plan a follow-up meeting with the complainant(s) at a
future time to verify that whatever action that was taken did
stop the harassment and will prevent it from recurring to
someone else. Sometimes, the settled (agreed upon) cause of
action by the complainant is not sufficient to prevent
reoccurrence of the harassment to someone else.
4. Outcomes of the Informal Procedures
Typical outcomes might include some or all of the following:
A. A decision to stop further action on the complaint; a
negotiated resolution of the complaint that is satisfactory to
the person perceiving harassment; or initiation of formal
procedures by that person.
B. When informal procedures have shown that a violation of The
Citadel's Sexual Harassment Policy has occurred, possible
resolutions may include one or more of the following:
(1) An apology to the complainant(s) by the accused.
(2) Assisting the accused to beter understand the effects
of his or her conduct and ways in which this behavior could
be changed.
(3) Participation in sexual harassment training sessions,
counseling, or workshops by the accused.
(4) Or, other interventions or actions aimed at ending the
harassing behavior.
(5) If the complainant(s) or the accused believes that
procedural errors have occurred during the informal
procedures, an appeal may be made to the Director of Human
Resources (for staff and faculty) or the Commandant of
Cadets (for cadets), and/or a formal complaint can be
initiated.
5. Should the Parties Be Required to Meet or Confront Each Other?
A. The decision of whether or not the complainant(s) will
meet with the accused belongs with the individual(s).
B. Mediation should be presented as one option along with
others to resolve the complaint. Mediation assumes a position
of neutrality and may not always be appropriate when either
the law or college policy has been violated. However, in
situations where the victim wants to meet with the harasser to
confront him or her with the person's feelings, a third party
can provide a safe and controlled environment in which to do
so. This offer should not be made unless the third party has
received mediation training.
C. As an alternative, the person receiving the complaint may
offer to meet the accused on behalf of the complainant.
6. Record-Keeping When Informal Procedures Are Used
A. Issues of confidentiality are involved in the maintenance
of records involving complaints of sexual harassment.
B. The Citadel, however, has a legal responsibility to
identify behavior of Faculty, Staff, and/or cadets who
demonstrate behavior of sexual harassment. The Citadel,
therefore, will make a record of reports concerning an
individual who has been accused of sexual harassing behavior.
The record of an informal complaint will not be used to take
disciplinary actions against the individual when the complaint
has been successfully resolved. Rather, the record will be
used only to gather information that may be sued to
demonstrate a pattern of sexual harassment behavior.
C. The name of the complainant(s) will be omitted from the
report if they desire.
D. The accused will be informed that a report will be filed
on his/her allege behavior and will be given an opportunity to
respond in writing and have the response attached to the
record. In the event the accused attaches a response, the
complainant shall be informed and given the opportunity to
also have a response attached to the record.
E. The report will be filed in a locked container maintained
by the Affirmative Action Officer in the case of staff or
faculty and the Assistant Commandant of Cadets in the case of
cadets. The information may be used in the case of subsequent
complaints against the same person to assess if a pattern of
harassment exits. Only the custodians of the locked box shall
have access to the contents.
APPENDIX 1: (Using a Letter to Deal with Sexual Harassment) TO TAB A
(Informal Complaint Procedures)
A letter to the alleged harasser can be a powerful technique
for dealing with sexual harassment. It was developed by Dr. Mary
P. Rowe of the Massachusetts Institute of Technology. It has been
extraordinarily successful in many institutions of higher education
and in workplace situations. In approximately 90% of the cases, it
stops the harassment of that particular person and seems to prevent
the future harassment of others by the harasser. It has been used
successfully in the workplace, by faculty and staff, and in cases
of one-to-one peer harassment by students at all levels.
The letter is polite, low key and consists of the following:
Part I is a factual account of what happened without any
evaluation as viewed by the writer. It should include to the
extent possible details including time, place, and a description of
the behavior(s). Often the alleged harasser agrees with the facts
but not with the interpretation.
Part II describes how the writer feels about what happened
such as misery, fear, revulsion. As in Part I, there are not
evaluative words or accusations, only a description of how the
writer feels.
Part III describes what the writer wants to happen next. This
part is usually short, since most people just want the harassment
to stop.
The letter is best delivered in person or by certified mail
with a return receipt requested. This ensures that the alleged
harasser receives the letter.
A copy should be kept by the writer. Should there be any
subsequent retaliation or continued harassment (which would be
unusual), the letter can be used as evidence.
Copies should not be sent to anyone else. A letter copied to
someone in authority is likely to lead to the recipient's
contacting the administrator and then denying the incident and
denigrating the writer's credibility. If the letter is to work, it
should be a private communication between the two people involved.
Usually nothing happens other than the harassment stops. In
the event that the alleged harasser wants to discuss the incident,
the writer should say, "I am not going to discuss it; I just want
your behavior to stop," and walk away.
APPENDIX 1
APPENDIX 2: (Guidelines for Conducting an Interview With a
Complainant in an Informal Complaint Procedure TO TAB A (Informal
Complaint Procedures)
The purpose of the interview is to determine what the problem
is what the complainant wants to happen next. It is important to
find out if a sexual assault were involved that would require more
formal action.
The interview should help the person regain a sense of control
and decide what happens next and how. Foremost on the minds of
virtually all persons reporting sexual harassment is to stop it.
Those in authority, such as members of the chain of command,
Faculty, and Staff, should do more than seek to just help the
victim. They should also address the issue of stopping the
harasser from continuing the behavior.
The complainant is likely to be upset, embarrassed, or angry.
The person receiving the complaint should follow these steps:
1. If you sense hesitation, ask if the individual is
concerned about retaliation or confidentiality. If so, reassure
them as to The Citadel's policies on these issues but do not give
an unqualified promise of confidentiality. There are times such as
the case with a sexual assault, when The Citadel must take quick
action and, in so doing, may have to reveal the name of the victim.
Explain in the beginning of the interview that you will do
everything possible to honor confidentiality.
2. Maintain neutrality, but acknowledge your empathy with the
person's difficulty. Use expressions such as "This may be hard for
you to talk about," or "I know this may not be easy for you."
3. Ask what the individual would like to happen. Assuming
their choice is reasonable, offer your assistance and support.
4. Be prepared for the complainant to say that they do not
want you to do anything about the harasser; they may just want to
talk to somebody about what they are experiencing. Explain gently
that The Citadel cannot ignore what is allegedly happening, that
the institution has a moral and legal obligation to deal with the
problem, that you can see how upsetting this experience has been to
them and that you do not want anyone else to experience what they
are experiencing. Reassure them that you will work with them to
help determine what the best options are for dealing with the
problem. (Describe both formal and informal options.)
5. If they decide to handle the matter on their own by
talking directly with the harasser or by writing a letter,
offer to meet with them again to see if the action stopped
the behavior or if more help is needed.
6. Urge people reporting harassment to write everything down
in as much detail as possible, including a description of what
happened, how they responded, what they are feeling, and when the
incident occurred, and the names of witnesses, if any.
7. Inform the person that help is available in dealing with
their feelings and what happened and suggest to people that the
complainant may want to talk to a chaplin, a counselor, or a
trained administrator.
8. Provide persons reporting harassment a copy of The
Citadel's Sexual Harassment Policy, the names and phone numbers of
those who are available to assist them further, and your phone
numbers if they need to talk to you again.
9. Do not give the individual the impression that they alone
bear the responsibility for dealing with the sexual harassment
behavior.
10. Encourage the complainant to call or return if the
harassment occurs again.
11. Make a follow-up appointment to discuss what is happening
and what they want to do next. Assure them that you are available
to talk to them and that they can talk to someone else if they
would feel comfortable with another person.
12. Briefly summarize what you talked about and what the next
steps are.
13. Keep written records of conversation.
14. Decide what you and The Citadel should do if the
harassment does not stop.
15. Allow the complainant to try and handle the problems
personally, if they want to, where appropriate.
TAB B: FORMAL COMPLAINT PROCEDURES
1. Formal Procedures Are Used When:
A. the complainant(s) requests it, because informal procedures
have failed or because the person does not want to use informal
procedures.
B. The Citadel files its own charges.
C. criminal laws are involved such as sexual assault or sexual
abuse (in some instances, the victim may not want to prefer
charges, leaving the college with the option of handling it
informally or filing its own charges.
D. a third party, who is not the direct victim of harassment
but who feels that the sexual conduct of another in the
educational or work environment has the purpose or effect of
substantially interfering with the third party's welfare,
academic, or work performance, requests it.
2. What Happens in a Formal Complaint Procedure?
A. The aim is to find out if the accused violated The
Citadel's Sexual Harassment Policy, and if so, to provide
sanctions to stop the harassment.
B. Almost always requires an investigation which includes a
formal written report of the investigator's findings of fact,
conclusions of law, and recommended actions to resolve the
complaint.
C. Complaint must be in writing (see form at Appendix 2 to
Annex B) and should describe what happened in as much detail as
possible, including names of witnesses. Persons needing help
in filling out this form should contact their supervisor, a
Title IX Coordinator, or the Ombudsperson.
D. Harasser can be disciplined if found guilty.
E. Due process procedures must be strictly adhered to and the
rights of all parties must be respected.
F. Confidentiality is maintained to the greatest extent
possible, with only those with a need to know being informed
and provided it does not interfere with The Citadel's ability
to investigate or take corrective actions.
G. Persons investigating or making decisions should have no
conflict of interest preventing them from acting fairly.
H. Procedures should be timely with the investigation
beginning within a few days from the filing of the report. The
formal procedure should be concluded within 30 days from the
date of filing and within 60 days from the date of filing when
an appeal is submitted.
I. All of the parties to the complaint are interviewed, as
well as witnesses and third parties.
J. Investigations of allegations involving a member of the
faculty or staff will be conducted in a confidential manner by
The Citadel Affirmative Action/Equal Employment Opportunity
Advisory Committee which is a three-person panel appointed by
either a Vice President or the President who directs the
investigation. The investigation will include the questioning
of any witnesses and the individual(s) accused of wrongdoing to
afford them the opportunity to formally respond to the
allegations made by the complainant. The Advisory Committee
will collect, record, and safeguard all information and/or
evidence relative to the incident and report findings through
the Vice President for Academic Affairs to the President for
final disposition.
K. Investigations of allegations involving a cadet will be
conducted through the use of a Commandant's Board or Hearing.
The procedures outlined in the Blue Book will be followed for
due process procedures. The results of the hearing or board
will be forwarded to the Commandant of Cadets. Recommendations
of suspension, dismissal, or expulsion will be forwarded to the
President for final action.
L. A copy of all completed formal investigations of sexual
harassment will be forwarded to The Citadel's Affirmative
Action Officer/Title IX Coordinator for filing and reporting.
M. The final appeal authority for those actions where the
President is the decision authority is The Citadel's Board of
Visitors.
N. Hearings and boards are administrative in nature;
therefore, there is no right to legal representation. However,
individuals who are charged or bringing a complaint or as a
witness may be accompanied by an informal advisor who may speak
to them during the hearing but may not participate in the
hearing itself.
O. Appeal procedures are as stated in College Regulations.
P. The standard for findings of guilt or innocence is that of
"a preponderance of evidence"--that is, a reasonable person
would assume that the events did or did not occur.
2. Investigations of Formal Charges
A. Formal procedures provide the framework for our
comprehensive framework for The Citadel's sexual harassment
policy. Often, The Citadel will initiate the formal charges.
B. In the case of a sexual assault or a criminal sexual
discrimination charge filed either with the state or federal
authorities that has been reported to the authorities, The
Citadel will still proceed with its internal formal procedures.
C. Investigators in formal sexual harassment complaints will
receive detailed instruction on the techniques and procedures
to be used in conducting the investigation from one of the
Title IX Coordinators.
D. Investigations should be performed as expeditiously as
possible, within one or two days of receiving a formal
complaint.
E. Procedures used will follow the guidelines contained in
College Regulations. Due process procedures will be strictly
adhered to.
F. General procedures for conducting formal investigations are
included at Appendix 1 to this Tab. Detailed procedures will
be published separately and will be the basis for training
sexual harassment investigators.
G. Confidentiality will be maintain to the greatest extent
possible throughout the process of handling the formal
complaint.
APPENDIX 1 to TAB B (Formal Complaint Procedures to Memorandum 20)
General Procedures for Conducting
Formal Investigations of
Sexual Harassment Complaints
1. Respect the rights of all parties.
2. Provide the alleged harasser timely and adequate notice of what
the allegations are and give an opportunity to respond in
person or in writing before a neutral person or panel.
3. Selecting an Investigator:
A. Should have knowledge and training in issues dealing with
sexual harassment.
B. Should be thoroughly familiar with The Citadel's Sexual
Harassment Policy.
C. Should have credibility with The Citadel community.
D. Should be neutral to all parties and represent The Citadel
in a fair manner.
E. Should be fair and not reach a conclusion until the
investigation is completed.
F. Should be able to maintain confidentiality of information.
4. In selecting the panel or board members to hear the case use
the following criteria:
A. Select members who have no conflict or interest preventing
them from acting fairly toward either the alleged harasser or
victim.
B. Select panel or board members who have received training
instructions, or adequate material on sexual harassment so that
they are knowledgeable of what it is and what The Citadel's
policies are.
C. Procedures should be timely and follow the guidelines
stated with this memorandum.
5. Confidentiality should be honored by all participants in the
process to the greatest extent possible, keeping in mind that
neither the complainant nor the alleged harasser are bound by
confidentiality although they can be asked to observe it.
6. Plan the strategy for the Investigation
A. Create a timeline (include when interviews will be
taken, report prepared, and decision point).
B. Identify specific issues or allegations to be
addressed.
C. Identify witnesses to be interviewed.
D. Identify/obtain documents.
E. Prepare a list of general questions for each
interview.
7. Inform the alleged harasser to avoid any unnecessary contact
with the complainant and of theprohibitions of retaliation,
including examples or retaliation.
8. Inform the complainant about retaliation, provide examples,
and request that any attempts at retaliation be reported
immediately.
9. Arrange to tape record all interviews and appearances before
a board or panel. If the party objects to recording the
interview, make a written record of the fact and resort to
taking written notes.
10. Reach a conclusion. There are four possible outcomes to the
board or hearing process:
A. the harassment occurred; or
B. the harassment did not occur; or
C. the allegation was unsubstantiated but with probable
cause; or
D. there was insufficient information to make a
determination.
11. Write the report and provide it to the person (Vice
President/President) who will make the decision.
CADET, FACULTY, OR STAFF FORMAL SEXUAL HARASSMENT COMPLAINT FORM
Name ____________________________________________________________
Position Title _________________________________________________
Department/Activity ____________________________________________
Name of Immediate Supervisor ___________________________________
STATEMENT OF COMPLAINT (Be specific. Please read the policy
statement on sexual harassment before completing this section.)
Date of Incident _______________________________________________
Name of Person(s) Accused of Wrongdoing ________________________
Names(s) of Witnesses ___________________________________________
_________________________________________________________________
Description of Incident (Describe actions of all person(s) in-
volved, including yourself.) (Use additional sheets if required)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Adjustment Requested ___________________________________________
_________________________________________________________________
_________________________________________________________________
Signature ______________________________________________________
Date _________________________ Time ______________________AM/PM
COMPLAINT SUBMITTED TO: (Check one)
_____ Director Human Resources/Personnel/Administrative Services
__________________________________________
(Name)
_____ Supervisor/Other __________________________________________
(Name)
Director Human Resources/Personnel/Administrative Services,
Supervisor, or other signature ___________________________________
__________________________________________________________________
PA 46/29 September 1997
APPENDIX 2 TO ANNEX B TO MEMORANDUM 20
Office of External Affairs
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