Policy on Sexual Harassment

Original Date of Issue:  September 1998
Reissued with Employee Handbook:  November 2001

In keeping with its historic mission as a Catholic college with a special emphasis on women and action for social justice, Trinity seeks to ensure that all students, faculty, staff, guests and visitors can conduct their business, work, teach and study in an atmosphere of respect for human dignity. Such an expectation of respect for the human person requires that Trinity articulate policies that safeguard members of the community against sexual harassment.

Trinity expects all members of the campus community to exercise the highest level of care in their personal conduct toward each other and toward guests and visitors to the community as well. This policy statement is rooted not only in Trinity's understanding of legal requirements, but also in the College's core philosophies of honor and justice, respect for women and all persons, and the sacred nature of human life.

The sexual harassment law of the United States arises from Title VII of the Civil Rights Act of 1964; sexual harassment is thus an illegal form of discrimination on the basis of sex. Since 1976, a series of decisions of the U.S. Supreme Court have amplified the statutory law to make it clear that schools and employers have a very high degree of responsibility to protect students, employees and all persons within their communities from the gross and deleterious effects of sexual harassment in all of its ugly forms.

Under current law, sexual harassment may occur not only in quid pro quo circumstances, where the perpetrator requests specific sexual favors in exchange for a tangible benefit like a job promotion or a good grade; but also, sexual harassment may occur in circumstances in which a hostile or offensive environment is allowed to exist. Sexual harassment may also be present between persons of the same sex, as well as male-to-female, and female-to-male. In short, under the law of the United States, any unwelcome sexual conduct toward any other person may constitute sexual harassment.

Institutions and employers are held liable for the actions of their employees, and the consequences are enormous both financially as well as in terms of the reputation of the institution. For all of these reasons, Trinity wishes to make clear its intolerance of all forms of sexual harassment and sexual misconduct, and to notify all members of the campus community that it will take every action available to ensure that members of the Trinity community do not suffer sexual harassment.

1. Definition of Sexual Harassment
2. Responsibilities of Faculty, Staff, and Students
3. Making a Claim of Sexual Harassment:  The General Process
   1. Students
   2. Faculty and Staff
4. Disciplinary Actions
   1. Students
   2. Faculty and Staff
   3. Guests and Visitors
5. Retaliation
6. False Claims
7. Appeals
8. Education and Training Programs
9. Administration of This Policy

I. Definition of Sexual Harassment

Trinity prohibits all forms of sexual harassment by all persons on campus, including, faculty, staff, students, guests and visitors. Sexual Harassment is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

II. Responsibilities of Faculty, Staff and Students

In determining whether sexual harassment has occurred in a given case, the key issue is whether the person toward whom the action was directed considers the conduct unwelcome; the intent of the actor is not determinative. For this reason, because of the large scope of possible sexual conduct and the liabilities arising from unintended consequences, Trinity expects its employees, in particular, to exercise the highest level of care in their personal conduct toward each other and toward students.

Trinity explicitly prohibits sexual relationships between students and members of the faculty or staff of the College. Such relationships breach conventional standards of professional conduct in the academic workplace, and have high potential to give rise to claims of sexual harassment by students against the College. For the same reason, Trinity counsels faculty and staff to maintain appropriate professional distance in all other aspects of their relationships with students so as to reduce the potential for claims of harassment, discrimination or unethical conduct. Even benign friendships can become the subject of painful public cases and claims of sexual misconduct against teachers or any persons considered to be in positions of power over students.

In the same way, the interpersonal conduct of individuals in the workplace must be informed by discretion, professional ethics and the law. Supervisors are expressly prohibited from engaging in any form of sexual conduct with persons whom they supervise, and supervisors are counseled to avoid any circumstance that could be misconstrued: inappropriate remarks about appearance, dress or other personal characteristics; inappropriate jokes and language, and similar kinds of conduct that might create an atmosphere of sexual harassment.

Supervisors are also responsible to ensure that their supervisees understand and uphold the law and policy on sexual harassment; supervisors who neglect their duties under this may be subject to separate disciplinary action for permitting a sexual harassment situation to exist without intervention.

Beyond the supervisor-supervisee relationship, all employees are expected to conduct their interpersonal relationships with discretion and respect for Trinity's mission and policies, and to refrain from any actions that would create the appearance as well as the reality of harassment for any other employee.

Vendors whose employees work on the Trinity campus are expected to promulgate this policy to their employees who work at Trinity, and Trinity will expect vendors to provide clear guarantees of appropriate risk management practices under this policy. For purposes of the applicability of the provisions of this policy regarding prohibited actions, the same prohibitions that apply to staff of Trinity also apply to vendor employees. Trinity reserves the right as a matter of contract to request that a vendor remove immediately from campus any vendor employee who violates the terms of this policy, in addition to any other actions that Trinity may takeunder this policy and the contract with the vendor.

Students also have large responsibilities and liabilities under this policy. Students who are in positions of authority over other students have the same obligations as professional supervisors to refrain from any form of sexual conduct with persons whom they supervise, and they are counseled to avoid any circumstance that might be might be construed. Student-to-student relationships also have the potential for claims under this policy, and students are advised to conduct their interpersonal relationships with great care and respect for the rights of others.

In rare cases, faculty or staff may have complaints of sexual harassment or misconduct against students. Such cases most frequently involve inappropriate student conduct such as unwanted touching, phone calls or letters of a sexual nature, or excessive efforts to spend time with the person. Faculty and staff have the right to bring formal complaints in such cases, and they should discuss their complaints first with the Dean of Student Services. Often, in such cases, before bringing a formal complaint the employees involved should seek the Dean's counsel, or that of the Academic Vice President or Dean of the Faculty on how to handle the problem. Left unattended, such cases have the potential to become complaints against the same faculty or staff persons who are feeling victimized themselves. Faculty and staff should seek advice and counsel on these matters at the earliest possible moment.

Students, staff and faculty are also responsible for the conduct of their guests while on campus. A guest may also incur a charge of sexual harassment under this policy, and the person who is responsible for the guest may incur disciplinary action if the evidence reveals that she or he has failed to intervene or seek help in a situation in which the guest commits sexual harassment against another person on campus.

Trinity also reserves the right to call the police and to refer instances of sexual harassment to external authorities. Trinity will call the police and involve external legal authorities in any case in which a sexual assault is alleged.

III. Making a Claim of Sexual Harassment: the General Process

A. Students

B. Faculty and Staff

A. Students

Students who wish to make a claim of sexual harassment under this policy should make an appointment to speak directly with the Dean of Student Services (202-884-9600). The Dean is responsible for the management of all cases involving students.

The general process is as follows:

Filing Your Complaint:

1. The student makes an appointment to speak with the Dean of Student Services. During this meeting, the student and the Dean discuss the circumstances.

2. Based on her conversation with the student, the Dean assesses the case and may take one of the following steps:

1. Ask the student to submit the complaint in writing;

2. Ask the student to participate in an informal mediation session with the accused person;

3. Commence a formal investigation of the complaint.

Confidentiality and Notifications:

3. While Trinity will attempt to preserve a complainant's confidentiality, a thorough investigation of a sexual harassment claim usually requires some disclosure of the complainant's identity in order to verify the facts of the claim. While conducting the investigatory process with discretion and respect for the parties' privacy, Trinity cannot guarantee absolute anonymity to any of the parties involved.

4. The accused party has a right to know the name of the accuser and the nature of the accusation. Normally, the Dean will meet with the accused person as soon as the complaint is filled; the Dean should have a witness present in this meeting. In recognition of the fact that this rule might intimidate some victims of sexual harassment into silence, especially if the complaint is about a faculty member from whom they are taking a course or a major advisor, the Dean has the discretion to keep the name of the accuser and the facts of the complaint confidential until such time as the student is no longer in a position to suffer retaliation as a result of her complaint. While Trinity's policy also specifically prohibits retaliation (see below), Trinity also recognizes the need to be proactive in protecting student grades and the student's ability to function effectively in her academic programs without fear of reprisals.

5. The Dean of Student Services must notify the President immediately of any complaint of sexual harassment or misconduct involving a student. If a member of the faculty or academic staff is involved, the Dean will also notify the Academic Vice President.

Informal Mediation:

6. If the student complainant agrees to an informal mediation session, the Dean brings both parties together for review of the facts, discussion and counseling with the parties. The Dean has the authority to direct follow-up actions by the parties, and they must accept the direction of the Dean. Failure to follow the Dean's directions in such cases may incur further disciplinary action.

Formal Investigation:

7. If the Dean determines that sufficient evidence exists to support a more formal investigation and the filing of formal charges against the accused, the Dean must require a written statement from the accuser. If the accuser refuses to file a written complaint, the Dean must make her own written report to the President of the College, who may direct further investigation and action in the case.

8. Once formal charges are filed, or once the Dean and President determine that further investigation is necessary, the Dean informs the accused person that an investigation is proceeding. If the accused person admits to the activity, the case may proceed directly to the disciplinary stage . The Dean or President may also decide that the formal investigation must continue.

9. As part of the formal investigation, the Dean may assign the case to an internal investigator, who may be a member of the faculty or staff who has received appropriate training. If the student complaint involves a faculty member, the Dean and Academic Vice President should discuss the selection of the investigator. The investigator may interview persons with relevant information in the case. The investigator submits to the Dean a written summary of the facts discovered through the investigation. This phase of the case should take no more than ten days, but the Dean has the discretion to extend the timeline if circumstances warrant.

10. If, as a result of the investigation, the facts support a charge of sexual harassment, the Dean will so inform the accused person. The accused may:

1. Accept the findings of the investigation and proceed to the disciplinary stage;

2. Request a formal hearing to challenge the facts and to present additional evidence.

Formal Hearing:

11. If the accused requests a formal hearing, then both the accused and the complainant must receive the written investigation report so that they may prepare for the hearing.

12. If the accused requests a formal hearing, the Dean constitutes a three-person hearing panel from among faculty and staff who are trained to participate in the hearing process. The hearing is not the same as a legal proceeding in a court of law. The accused may have an advocate from within the Trinity community, but may not have outside legal counsel at the hearing. A secretary will record the minutes of the proceedings, but a transcript is not maintained. Following are the usual steps in the hearing process:

1. Prior to the hearing, the hearing panel receives the original written complaint and the written report of the investigation. The Dean may also meet with the hearing panel to brief them on the case and to discuss hearing procedures.

2. The chair of the hearing panel sends procedural directions to the parties. Such directions may include specifications about the presentation of evidence and witnesses, and other matters related to the conduct of the hearing and preparation of the case.

3. At the beginning of the hearing, the investigator who prepared the written report should make a brief oral overview of the case, and the panel may ask questions of the investigator.

4. The complainant may make a statement. The panel may wish to ask questions of the complainant. The complainant has a right to be present at the hearing, but may not speak unless invited to do so by the panel.

5. The accused may have an opportunity to make a formal response to the complaint and the findings of the investigation. This response may include written and oral evidence, including statements from witnesses.

6. At no time during the hearing may the parties to the case cross-examine each other. All questioning and statements are directed to the hearing panel.

7. At the conclusion of the hearing, the chair may adjourn the hearing panel for a period of deliberation, which may take as long as five days. The hearing panel makes a conclusory report in writing to the Dean, specifying the panel's assessment of evidence, findings of responsibility and making recommendations for disciplinary action.

B. Faculty and Staff

Faculty and Staff who have complaints about sexual harassment as a matter of employment rights should report the complaint immediately to the Director of Human Resources. If the complaint involves a faculty member, the Director of Human Resources will inform the Academic Vice President. Following are the procedures in cases involving sexual harassment and employees:

Registering Your Complaint

1. The faculty or staff person makes an appointment to speak with the Director of Human Resources about the circumstances of the case.

2. Based on her conversation with the faculty or staff member, the Director of Human Resources assesses the case and may take one of the following steps:

1. Ask the complainant to submit the complaint in writing;

2. Ask the complainant to participate in an informal mediation session with the accused person;

3. Commence an investigation of the complaint.

Confidentiality and Notifications:

3. While Trinity will attempt to preserve a complainant's confidentiality, a thorough investigation of a sexual harassment claim usually requires some disclosure of the complainant's identity in order to verify the facts of the claim. While conducting the investigatory process with discretion and respect for the parties' privacy, Trinity cannot guarantee absolute anonymity to any of the parties involved.

4. The accused party has a right to know the name of the accuser and the nature of the accusation. Normally, the Director will meet with the accused person as soon as the complaint is filed; the Director should have a witness present in this meeting. In recognition of the fact that this rule might intimidate some victims of sexual harassment into silene, especially if the complaint is about an immediate supervisor, the Director has the discretion to keep the name of the accuser and the facts of the complaint confidential during the initial phase of the investigation. While Trinity's policy also specifically prohibits retaliation (see below), Trinity also recognizes the need to be proactive in protecting the ability of complainants to continue to function effectively in the workplace without fear of reprisals.

5. The Director of Human Resources must notify the President immediately of any complaint of sexual harassment or misconduct involving a student, and such cases are usually referred to the Dean of Student Services for further processing. If a member of the faculty or academic staff is involved, the Director will also notify the Academic Vice President.

Informal Mediation:

6. If the complainant agrees to an informal mediation session, the Director brings both parties together for review of the facts, discussion and counseling with the parties. The Director has the authority to direct follow-up actions by the parties, and they must accept the direction of the Director. Failure to follow the Director's directions in such cases may incur further disciplinary action.

Formal Investigation:

7. If the Director determines that sufficient evidence exists to support a more formal investigation and the filing of formal charges against the accused, the Director must require a written statement from the accuser. If the accuser refuses to file a written complaint, the Director must make her own written report to the President of the College, who may direct further investigation and action in the case.

8. Once formal charges are filed, or once the Director and President determine that further investigation is necessary, the Director informs the accused person that an investigation is proceeding. If the accused person admits to the activity, the case may proceed directly to the disciplinary stage. The Director may also decide that the formal investigation must continue.

9. As part of the formal investigation, the Director may assign the case to an internal investigator, who may be a member of the faculty or staff who has received appropriate training. The investigator may interview persons with relevant information in the case. The investigator submits to the Director a written summary of the facts discovered through the investigation. This phase of the case should take no more than ten days, but the Director has the discretion to extend the timeline if circumstances warrant.

10. If, as a result of the investigation, the facts support a charge of sexual harassment, the Director will so inform the accused person. The accused may:

1. Accept the findings of the investigation and proceed to the disciplinary stage;

2. Request a formal hearing to challenge the facts and to present additional evidence.

Formal Hearing:

11. If the accused requests a formal hearing, then both the accused and the complainant must receive the written investigation report so that they may prepare for the hearing.

12. If the accused requests a formal hearing, the Director constitutes a three-person hearing panel from among faculty and staff who are trained to participate in the hearing process. The hearing is not the same as a legal proceeding in a court of law. The accused may have an advocate from within the Trinity community, but may not have outside legal counsel at the hearing. A secretary will record the minutes of the proceedings, but a transcript is not maintained. Following are the usual steps in the hearing process:

1. a. Prior to the hearing, the hearing panel receives the original written complaint and the written report of the investigation. The Director may also meet with the hearing panel to brief them on the case and to discuss hearing procedures.

2. The chair of the hearing panel sends procedural directions to the parties. Such directions may include specifications about the presentation of evidence and witnesses, and other matters related to the conduct of the hearing and preparation of the case.

3. At the beginning of the hearing, the investigator who prepared the written report should make a brief oral overview of the case, and the panel may ask questions of the investigator.

4. The complainant may make a statement. The panel may wish to ask questions of the complainant. The complainant has a right to be present at the hearing, but may not speak unless invited to do so by the panel.

5. The accused may have an opportunity to make a formal response to the complaint and the findings of the investigation. This response may include written and oral evidence, including statements from witnesses.

6. At no time during the hearing may the parties to the case cross-examine each other. All questioning and statements are directed to the hearing panel.

7. At the conclusion of the hearing, the chair may adjourn the hearing panel for a period of deliberation, which may take as long as five days. The hearing panel makes a conclusory report in writing to the Director, specifying the panel's assessment of evidence, findings of responsibility and making recommendations for disciplinary action.

IV. Disciplinary Actions

A.  Students

B.  Faculty and Staff

C.  Guests and Visitors

Trinity will take all appropriate disciplinary actions in cases of sexual harassment. Trinity considers sexual harassment to be one of the gravest forms of offense against the community, so the disciplinary actions under this section are also severe.

The Dean and Director of Human Resources administer this section at the advice and direction of the President. In cases involving faculty, the Academic Vice President is also consulted.

A.  Students

A student who is found guilty of a violation of the sexual harassment policy may incur penalties that include:

1. Performance of specific actions of both an educational and regulatory nature, e.g., an educational penalty might include participating in a course or training program on sexual harassment, a regulatory penalty might include a requirement that the student move off campus and refrain from engaging in any activities that would put her in close proximity to the complainant.

2. Suspension from school: Trinity may choose to suspend any student for violations of this section, and such a suspension may be for one semester or one year, or longer and in all such cases Trinity may impose conditions that must be met before and during the student's return to the Trinity community.

3. Expulsion: Trinity may expel any student for violations of this section.

B.  Faculty and Staff

An employee of the College, whether faculty or staff, who violates this section places the College in severe legal jeopardy and violates standards of professional conduct as well as the law. Accordingly, Trinity take severe disciplinary action with regard to any employee who violates this policy. Such disciplinary action, depending upon the severity of the case, may encompass a range of actions including, but not limited to, mandatory education, reduction in pay, demotion from a supervisory position, reassignment to another department, leave without pay, or termination, regardless of tenure.

C.  Guests and Visitors

Trinity reserves the right to ban from campus any guest or visitor who engages in any acts of sexual harassment against members of the Trinity community. Trinity will also call the police in any case of sexual assault, or in cases in which persons banned from the campus attempt to return.

V. Retaliation

A person who is the subject of a harassment complaint may not take any retaliatory action against the person who brought the complaint. Retaliation gives rise to separate legal claims from the underlying complaint, with the consequence that the accused might be separately liable for illegal retaliation even if the original complaint of sexual harassment is not proven, is dismissed or withdrawn.

Trinity will take appropriate disciplinary action in all cases in which retaliation occurs under this policy.

VI. False Claims

Any charges raised under this sexual harassment policy are matters of grave consequence for Trinity, for the accused as well as for the complainant. The mere fact of an accusation of sexual harassment, regardless of the ultimate disposition of the case, can have a devastating effect on the reputation of the accused and the College.

For this reason, this policy specifically prohibits false claims made under it, and specifies consequences for false claims.

A "false claim" occurs when a person knowingly and willfully files charges against another person which the complainant knows are not true. Such an untruthful action is a violation of the Trinity Honor Code, which specifically prohibits lying.

A false claim does NOT exist simply by virtue of the failure to establish guilt in a sexual harassment case. A charge of making a false claim must arise from clear evidence supporting the accusation of lying.

Only Trinity may initiate an investigation of false claims under this section. Trinity will initiate such an investigation when the evidence in a sexual harassment case indicates that the complainant has deliberately lied about the claim. If Trinity concludes that evidence exists to support the false claims charge, then Trinity will take disciplinary action which may include suspension, expulsion and termination.

Individual persons who are falsely accused of sexual harassment may choose to pursue external legal remedies against the accuser.

VII. Appeals

All persons affected by this policy have the right to make written appeals of decisions made under this policy to the President of the College. The president will review all written appeals and will provide a written response. The President may uphold the decisions made, request additional information, or direct a new investigation or hearing.

The President's review and action is final. Further recourse must proceed through external legal authorities.

VIII. Education and Training Programs

As part of Trinity's implementation of this Policy on Sexual Harassment, Trinity will conduct a series of education and training programs for students, faculty and staff. All employees of the College will be required to participate in at least one sexual harassment training session per year, according to plans developed by the Director of Human Resources (for staff) and the Dean of the Faculty (for faculty). Under the direction of the Dean of Student Services and the faculty, students will have curricular and co-curricular opportunities for further education on this topic.

IX. Administration of this Policy

The President of the College is responsible for the administration of this policy. The President delegates the day-to-day administration of this policy to the Dean of Student Services, who is the immediate staff officer responsible for implementation.

The Dean of Student Services is responsible to work with the Director of Human Resources, the Academic Vice President and the Dean of Faculty to ensure the implementation of the specific portions of this policy that pertain to those offices.