Legal Affairs

Sexual Harassment and Sexual Violence Policy

Policy# 900.2

  1. Policy Statement

    In accordance with the University’s EEO and Non-Discrimination Policy, discrimination and harassment based on an individual’s Protected Class is strictly prohibited. Sexual Harassment and Sexual Violence are considered to be forms of sex discrimination. Sexual harassment by any member of the university is a violation of both law and university policy. Accordingly, no academic or personnel decisions, such as awarding of grades and jobs, shall be made on the basis of granting or denial of sexual favors.

  2. Definitions

    Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct when: (1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment or academic advisement; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

    Sexual Violence - Sexual harassment includes sexual violence, defined as “physical acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual may also be unable to give consent due to an intellectual or other disability. A number of acts fall into the category of sexual violence including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX of the Education Amendments of 1972”, (20 U.S.C §§ 1681 et seq., 34 CFR Part 106.)

    Consent – for the purposes of this Policy, consent means words or actions demonstrating a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Consent cannot be obtained by force, by ignoring or acting in spite of the objections, or by taking advantage of the incapacitation of an individual. Silence or a lack of resistance is not consent. Consent to one sexual act does not constitute consent to any other sexual act.

  3. Guidelines

    Employees are cautioned that where a power differential exists, i.e., faculty-student, supervisor-employee—if a charge of sexual harassment is brought, the defense of mutual consent may be difficult to prove. The University reserves the right to determine whether to pursue violations of policy by students or employees, including a complainant or witness, which come to light during an investigation of an incident of sexual harassment.

    Reporting Options

    Employees

    Any applicant, current or former employee wishing to report an incident that violates this Policy should refer to the Resolution Procedures for Sexual Harassment and Sexual Violence, or contact the EEO/AA & Diversity Officer and Title IX Coordinator, Ms. Silvia Ramos at 336-750-8759, ramossc@wssu.edu, 115 Blair Hall. Any employee that is made aware of an allegation of sexual harassment or sexual violence is required to report it to the Title IX Coordinator, with the exception of licensed counselors and psychologists at the University Counseling Center. Failure to report an allegation of sexual harassment or sexual violence may result in disciplinary action, up to, and including dismissal.

    Students

    Any student wishing to report an incident that violates this Policy, should refer to the Resolution Procedures for Student Complaints of Sexual Harassment Sexual Violence, or contact the Deputy title IX Coordinator for Student Affairs, Ms. Natasha Jeter at 336-750-8663, jeffreysnh@wssu.edu, 307 Thompson Student Center.

    Private vs. Confidential Reporting Resources

    Under this Policy, privacy generally means that information related to a report under this Policy will only be shared with those University employees who “need to know” in order to assist in the active review, investigation, or resolution of the report. While not bound by confidentiality, these individuals will be discreet and respect the privacy of all individuals involved in the process. By contrast, confidential reporting resources will NOT disclose individually identifiable information related to a report without the individual’s express written permission, unless there is a continuing threat of serious harm to the patient/client or to others or there is a legal obligation to reveal such information (e.g., where there is suspected abuse or neglect of a minor). University reporting resources include:

    1) Licensed University Counselors (Confidential)

    The Counseling Center
    A.H. Ray Student Health Services
    Winston-Salem State University
    601 Martin Luther King Jr. Dr. Suite 244
    Winston-Salem, NC 27110
    (336) 750-3270
    http://www.wssu.edu/campus-life/dean-of-students/wellness-center/counseling-center/default.aspx

    2) Office of Interpersonal Violence Prevention

    Ms. Patricia Eaddy, Director
    301- H Thompson Student Center
    601 Martin Luther King Jr. Dr. Suite 244
    Winston-Salem, NC 27110
    (336) 750-3313 eaddypa@wssu.edu
    http://www.wssu.edu/campus-life/dean-of-students/ivp/default.aspx

    3) Office of EEO/AA & Diversity Title IX

    Ms. Silvia Ramos, EEO/AA & Diversity Officer & University Title IX Coordinator
    115 Blair Hall
    601 Martin Luther King Jr. Dr.
    Winston-Salem, NC 27110
    (336) 750-8759 ramossc@wssu.edu
    http://www.wssu.edu/administration/chief-of-staff/eeo-aa/default.aspx

    4) Office of the Vice Chancellor for Student Affairs

    Ms. Natasha Jeter, Special Assistant to the Vice Chancellor for Student Affairs & Deputy Title IX Coordinator
    307-E Thompson Student Center
    601 Martin Luther King Jr. Dr.
    Winston-Salem, NC 27110
    (336) 750-8663 jeffreysnh@wssu.edu
    http://www.wssu.edu/campus-life/dean-of-students/student-conduct/student-policies.aspx

    5) Winston-Salem State University Campus Police

    Old Maintenance Public Safety Building
    601 Martin Luther King Jr. Dr.
    Winston-Salem, NC 27110
    (336) 750-2902
    http://www.wssu.edu/administration/chief-of-staff/campus-police/default.aspx

  4. Applicability

    The policy applies to the faculty, students and staff of Winston-Salem State University.

  5. Compliance

    False Reporting Statement

    The sexual harassment policy is designed to encourage students, faculty, and staff to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of sexual harassment. The university takes allegations of sexual harassment and sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual harassment/violence during an investigation of such a complaint or report may be subject to discipline or under certain circumstances, legal action. Complaints of conduct that are found not to violate policy are not assumed to be false. Any act by a university employee or agent of retaliation, reprisal, interference, restraint, penalty, discrimination, coercion or harassment-overtly or covertly-against a student or an employee for using the policy, will necessitate appropriate and prompt disciplinary action.

Responsible Division: Vice Chancellor and Chief of Staff

Authority: Chancellor

History:

  • Adopted: December 19, 2014

Sexual Harassment and Sexual Violence Policy

DATE: 01-11-2017

Winston-Salem State University

601 S. Martin Luther King Jr. Drive

Winston-Salem, NC 27110

Phone: (336) 750-2000



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