ACADEMIC INFORMATION AND COLLEGE POLICIES RASMUSSEN COLLEGE 3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or academic environment. This policy prohibits behavior such as, but not limited to: 1. Unwanted sexual advances; 2. Offering employment benefits in exchange for sexual favors; 3. Making or threatening reprisals after a negative response to sexual advances; 4. Verbal sexual advances or propositions; 5. Displaying sexually suggestive objects, pictures, cartoons or posters (includes by electronic means); 6. Sexually offensive comments, graphic verbal commentary about an individual’s body or dress, sexually explicit jokes and innuendos, and other sexually-oriented statements; and 7. Physical conduct, such as: touching, assault, or impeding or blocking movements. Sexual harassment can occur in situations where one person has power over another, but it can also occur between equals. Both men and women can be sexually harassed. Sexual harassment can be as blatant as rape or as subtle as a touch. Harassment under the third part of the definition often consists of callous insensitivity to the experience of others. Normal, courteous, mutually respectful, pleasant, non-coercive interactions between employees, including men and women, that is acceptable to and welcomed by both parties, are not considered to be harassment, including sexual harassment. There are basically two types of sexual harassment: 1. “Quid pro quo” harassment, where submission to harassment is used as the basis for employment decisions. Employee benefits such as raises, promotions, better working hours, etc., are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Example: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her. 2. “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. Hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees, or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact as a regular part of the work environment. Cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category. For further information please refer to the EEOC’s website at eeoc.gov or call the EEOC Publications Distribution Center at 800-669-3362 (voice), 800-800-3302 (TTY). Sexual orientation harassment: Sexual harassment includes harassment based on sexual orientation. Sexual orientation harassment is verbal or physical conduct that is directed at an individual because of his/her sexual orientation and that is sufficiently severe, pervasive, or persistent so as to have the purpose or effect of creating a hostile work or educational environment. Romantic/sexual relationships between superior and subordinate: Substantial risks are involved even in seemingly consensual romantic/sexual relationships where a power differential exists between the involved parties. The respect and trust accorded a faculty member or other employee by a student, as well as the 112 rasmussen.edu power exercised by faculty in giving grades, advice, praise, recommendations, opportunities for further study, or other forms of advancement may greatly diminish the student’s actual freedom of choice concerning the relationship. Similarly, the authority of the supervisor to hire, fire, evaluate performance, reward, make recommendations, assign and oversee the work activities of employees may interfere with the employee’s ability to choose freely in the relationship. Further, it is inherently risky where age, background, stature, credentials or other characteristics contribute to the perceptions that a power differential exists between the involved parties which limits the student or employee’s ability to make informed choices about the relationship. Claims of consensual romantic/sexual relationships will not protect individuals from sexual harassment charges nor guarantee a successful defense if charges are made. It is the faculty member, supervisor, or staff who will bear the burden of accountability because of his/her special power and responsibility, and it is exceedingly difficult to use mutual consent as a defense. Therefore, all employees should be aware of the risks and consequences involved in entering a romantic/sexual relationship where there is a superior/subordinate relationship. Sexual assault: Sexual activity, including sexual penetration or sexual conduct carried out under coercion, with the threat of a weapon, through the threat of bodily harm, through a position of authority, or when the victim/ survivor is mentally or physically disabled or helpless constitutes criminal sexual conduct. Having a previous relationship of any nature, including prior sexual contact with the victim/ survivor is not an accepted defense for sexual assault. The victim/survivor does not need to prove that she/he resisted and another witness is not needed to prosecute the case. The relative age of the persons involved, the victim’s/survivor’s fear of bodily harm to self or another, the use of threat to use a weapon by the perpetrator, and the infliction of either physical or emotional anguish upon the victim/ survivor are among the criteria taken into account by state laws on Criminal Sexual Conduct and under the Crime Victims Bill of Rights. Formal Complaints by Students and Employees a. A formal complaint of sexual harassment must include a written statement, signed by the complainant specifying the incident(s) of sexual harassment. The statement may be prepared by the complainant or by an advisor as a record of the complaint. The complaint must be addressed to the Campus Director or other manager who will immediately report such complaint to an Executive Vice President or President and Human Resource Director or Corporate Counsel. The Human Resource Director and/or Corporate Counsel, with the assistance of the Campus Director or other manager will formally investigate the complaint and present the findings and recommendations to an Executive Vice President or President. b. The College will investigate formal complaints in the following manner: 1. The person who is first contacted, after initial discussions with the complainant, will inform the College specifying the individuals involved. Rasmussen will decide whether the circumstances reported in the complaint warrant a formal investigation or an informal inquiry. 2. If the circumstances warrant an investigation, Rasmussen will inform the person complained against of the name of the person making the complaint as well as of the substance of the complaint. The College will then limit the investigation to what is necessary to resolve the complaint or make a recommendation. If it is necessary for the College to speak to any people other than those involved in the complaint, they will do so only after informing the complaining person and the person complained against. 3. The College’s first priority will be to attempt to resolve the problem through a mutual agreement of the complainant and the person complained against. 4. The College will be in communication with the complainant until the complaint is resolved. The complainant will be informed of procedures being followed throughout the investigation although not of the specific conversations held with the person complained against. 5. The College will resolve complaints expeditiously. To the extent possible, the College will complete its investigation and make its recommendations within 60 days from the time the formal investigation is initiated. 6. If a formal complaint has been preceded by an informal inquiry, the College will decide whether there are sufficient grounds to warrant a formal investigation. c. After an investigation of the complaint the College will: 1. Look at all the facts and circumstances surrounding the allegations to determine if there is reasonable cause to believe that harassment has occurred and report its findings and the resolution to an Executive Vice President or President; or 2. Report its findings with appropriate recommendations for corrective action to an Executive Vice President or President; or 3. Report to an Executive Vice President or President its finding that there is insufficient evidence to support the complaint. Victims’ Rights Under Sexual Assault Policy If the assault is alleged to have been committed by a member of our college community on property owned by the College the following additional policy applies: 1. The victim is aware that criminal charges can be made with local law enforcement officials; 2. The prompt assistance of campus administration, or Rasmussen College management at the request of the victim, in notifying the appropriate law enforcement officials of a sexual assault incident; 3. A sexual assault victim’s participation in and the presence of the victim’s attorney or other support person at any campus or college facility disciplinary proceeding concerning a sexual assault complaint; 4. Notice to a sexual assault victim of the outcome of any campus or college facility disciplinary proceeding concerning a sexual assault complaint, consistent with laws relating to data practices; 5. The complete and prompt assistance of campus administration, or Rasmussen College management at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual assault incident; 6. The assistance of campus administration or Rasmussen College management in preserving, for a sexual assault complaint or victim, materials relevant to a campus disciplinary proceeding; 7. The assistance of campus and/or other Rasmussen College personnel, in cooperation with the appropriate law enforcement authorities, at a sexual assault victim’s request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes; and 8. Further information can be obtained from the following sources: Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, FL 32301 Phone: 850-488-7082 Toll-Free: 1-800-342-8170 Fax: 850-488-5291 Website: fchr.state.fl.us Email: [email protected] For Those with Communication Impairments: The Florida Relay Service Voice (statewide) 711 TDD ASCII 800-955-1339 TDD Baudot 800-955 - 8771 Illinois Department of Human Rights James R. Thompson Center 100 West Randolph Street, Suite 10-100 Chicago, IL 60601 312-814-6200 217-785-5125 (TTY) state.il.us/dhr Illinois Attorney General illinoisattorneygeneral.gov/victims/index.html 800-228-3368 (Voice/TTY) Kansas Coalition Against Sexual and Domestic Violence Crisis Hotline: 1-888-363-2287 kcsdv.org/ksresources.html Kansas City Metropolitan Organization to Counter Sexual Assault 24 Hour Crisis Line: 816-531-0233, 913-642-0233 mocsa.org/ Kansas Attorney General Victim Services Division 120 SW 10th Ave., 2nd Floor Topeka, KS 66612 1-800-828-9745 ag.ks.gov/victim-services Minnesota Department of Human Rights 190 East 5th Street, Suite 700 St. Paul, MN 55101 1-800-657-3704 • 651-296-5663 TTY 651-296-1283 Website: humanrights.state.mn.us/ Office of Justice Programs Minnesota Department of Public Safety 651-201-7310 • 800-247-0390 Website: ojp.state.mn.us Human Rights Division North Dakota Department of Labor and Human Rights 600 East Boulevard Ave., Dept 406 Bismarck ND 58505-0340 Phone: (701) 328-2660 ND In-state toll-free: 1-800-582-8032 TTY (Relay ND): 1-800-366-6888 or 1-800-366-6889 Fax: (701) 328-2031| http://www.nd.gov/labor/human-rights/ index.html North Dakota Council on Abused Women’s Services CAWS North Dakota 525 N. 4th St. Bismarck, ND 58501 701-255-6240 www.ndcaws.org/ Wisconsin Office of Crime Victim Services Wisconsin Victim Helpline: (800) 446-6564 Fax: (608) 264-6368 Website: doj.state.wi.us/ocvs/ office-crime-victim-services 9. The campus administration will inform victims of their rights under the Crime Victims Bill of Rights, including the right to assistance from the Office of the Crime Victim Ombudsman and the Crime Victims Reparations Board. For further information refer to the Office of the Crime Victim Ombudsman website at ojp.state.mn.us/ 651-642-0550 or the Crime Victims Reparations Board website at ojp.state.mn.us/MCCVS/ 651-282-6256. Nothing in this policy shall prevent the complainant or the respondent from pursuing formal legal remedies or resolution through state or federal agencies or the courts. Drug-Free School and Workplace In accordance with the Drug-Free Schools and Communities Act (34 CFR Part 85), Rasmussen College campuses are hereby declared a drug-free college and workplace. For more information visit The U. S. Department of Education’s Higher Education Center for Alcohol and Other Drug Prevention website at www.edc.org/.
