Policy on Sexual and Other Unlawful Harassment
The intent of this policy is to foster responsible behavior in an environment free of discrimination.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
- Submission to the conduct is either explicitly or implicitly a term or condition of an individual's employment or academic work;
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual; and/or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating or offensive working or academic environment.
Examples of conduct which may constitute sexual harassment include:
- Unwelcome sexual propositions
- Graphic comments about a person's body
- Sexually suggestive emails, objects or pictures in the workplace
- Unwelcome touching, patting, pinching or leering
- Derogatory gender-based humor or sexually explicit statements
- Other forms of harassment include behavior among peers or between supervisors and staff that creates an
intimidating, hostile, or offensive working, learning, or living environment by calling attention to an
individual or group’s gender, sexual orientation, color, race, religion, age, national origin, disability or
status within a group, club, or other co-curricular organization.
Any form of harassment whether intended or not is illegal under both State and Federal Law. Violations
of this policy will not be permitted. Any faculty, staff or student who violates this policy will be subject
to disciplinary action up to and including dismissal.
It is the policy of SNHU to foster an environment where community members feel comfortable raising issues and complaints. Therefore, retaliation of any kind against anyone who is involved in the investigation of or in making an allegation of harassment is prohibited. Any participants who intentionally misdirects an investigation, whether by falsehoods, omissions or by use of intimidation, will be subject to discipline, up to and including immediate discharge. Initiating a false harassment or discrimination complaint may
result in disciplinary action.
Any student or employee who believes s/he has been the subject of harassment is encouraged to confer informally with a campus officer.
- Students are encouraged to confer with any of the following campus officers: Vice President for Student Affairs; Vice President of Academic Affairs, Deans; and Associate Deans.
- Faculty and Staff are encouraged to confer with the VP of Human Resources & Development, Director of Human Resources. This may be done in conjunction with the supervisor in their division.
During the initial meeting, the campus officer will make a preliminary judgment as to whether or not
harassment may have occurred. Based upon this judgment, the campus officer will take one of the
following actions: - If the person wants to proceed with the complaint, the campus officer will explain the process.
- If the harassing behavior includes an assault, the university’s Anti-Violence policy and procedures will go into effect.
- If the person does not want to proceed with the complaint, the campus officer will make a record of the complaint and take such action as necessary to protect the interest of the institution.
- Inform the person that, based upon his/her judgment, harassment has not occurred and encourage the person to contact one of the other campus officers if s/he disputes the judgment.
If the student is harassed by another student, they may choose to proceed with allegations under the
disciplinary procedures. Refer to the student handbook or consult a campus officer for details.
Informal Resolution: If the individual wishes to resolve the matter informally, the complainant will prepare a written complaint that the campus officer will use in a meeting with the person against whom the allegations have been lodged. The campus officer will develop a written statement of the resolution that shall be signed by both parties. The written resolution will be kept in a confidential file for three (3)
years.
Formal Resolution Process: If the informal process fails to resolve the matter or if the individual wishes to pursue a formal resolution of the matter, the following process will prevail:
- The individual filing the complaint will prepare a written statement of particulars regarding the allegation.
- The complaint will be forwarded to the President (or the Chairman of the Board of Trustees if the complaint is lodged against the President). The President (or Chairman of the Board of Trustees) will meet with the person against whom the allegations have been made and offer the individual the choice of an administrative resolution or a hearing before a three (3) person panel at which both parties will present their cases. Witnesses may be brought to testify by either party and either party may select an observer/advisor to be with them. Since this is not a legal proceeding, attorneys will not be permitted to observe or participate.
- After the hearing, the President (or Chairman of the Board of Trustees) or panel will prepare a summary document for resolution.
- When the three person panel is utilized, the President (or Chairman of the Board of Trustees) will review the summary document and render a decision on the matter.
- Regardless of the outcome of a harassment and/or discrimination case, both parties shall retain whatever rights they have under the law.
- The written resolution will be kept in a confidential file for a period of three (3) years.
Appeal Process: The determination of the President (or Chairman of the Board of Trustees) is final and may
only be addressed further by petition to the appropriate grievance committee of the party who remains
dissatisfied or who continues to be accused. Rules governing the grievance committees of faculty, staff,
administrators and students may be found in their respective handbook.