Abraham Baldwin Agricultural College promotes the advancement of knowledge through the opportunity for participation in a campus climate that promotes the full participation of students, faculty, and staff of the college. The college serves its students, faculty, staff, and society in general through a creative climate of free inquiry and free expression.
Abraham Baldwin Agricultural College is committed to maintaining a working and learning environment in which the respect, dignity, and worth of all are acknowledged. To foster this environment faculty, staff, and students are expected to practice the highest ethical principles and standards of conduct.
Discriminatory harassment and sexual harassment are highly destructive to the college environment. In order to establish a clear college policy and to protect and aid all. parties, policies and grievance procedures are described in the following paragraph.
Retaliation against a person who expresses a complaint in good faith is a violation of state and federal laws and may lead to disciplinary action against offenders.
Complainants and the accused have rights guaranteed by the federal Constitution, state and federal laws, and by University System of Georgia policies and procedures.
Efforts will be made by the college to maintain confidentiality of the proceedings and participants as far as legally possible. However, records from procedures relevant to a particular complaint may be obtained under state or federal laws and legal proceedings. Information on record keeping is described in each procedural sub-section of the complaint procedures.
Educational efforts are essential to the establishment of a campus community that respects the dignity and worth of the individual. Such educational programs require special attention on a culturally diverse campus like that of ABAC. There are at least four goals to be achieved through education: 1) informing individuals of the conduct that is prohibited; 2) ensuring that all college personnel are aware of their rights; 3) informing administrators about the proper ways and means to address complaints of violations of these policies; and 4) helping educate the college community about the problems these policies address.
The director of college services and the vice president for academic affairs are charged with distributing information about these policies to all current members of the college community. Faculty and staff will be reminded annually about the policies. Information about these policies will be included in student orientation materials and in the Student Handbook. In addition, copies of the policies will be included and made available in the Policy Manual and the Classified Staff Handbook. All new faculty and staff members will be given a copy of these policies as a part of their orientation program.
The president and the director of college services require that a series of training sessions for the faculty, staff, and students be held to provide an increased knowledge base of what constitutes harassment. These training sessions will use the educational videos that have been purchased and placed on reserve in the Baldwin Library.
This document will be reviewed and updated annually by the director of college services. The director of college services will update the president annually of the training sessions held for faculty, staff, and students.
An institution of higher education must allow the free inquiry into all ideas and the free expression of opinions by those within it as part of the basic process of education. Yet, in the presence of harassing behavior, a person's learning or working ability may be impaired. This discriminatory harassment policy acknowledges protection for free speech, which is guaranteed by the First Amendment of the United States Constitution, while at the same time requiring that the dignity and worth of the individual be nurtured and protected.
Abraham Baldwin Agricultural College will not tolerate discrimination on the basis of race, gender, sexual orientation, age, disability, national origin, or religion. Every student and employee within the college community has the responsibility not to engage in any unlawful discrimination.
The right of free speech, although fundamental to our democratic system of government and essential to the exchange of ideas in an institution of higher education, is not absolute. The Supreme Court of the United States has held that certain categories of speech are not entitled to First Amendment protection. These categories include obscenity, fighting words, and, to a limited extent, defamation. There is no place on the ABAC campus for speech or other expression that personally vilifies another individual. Such personal vilification is even more distasteful when it involves insults that are based on race, gender, sexual orientation, age, handicap, national origin or religion.
Harassing behavior can seriously interfere with the work or study performance of the person(s) to whom it is addressed. It is indefensible when it makes the work, study, or service environment hostile, intimidating, or demeaning. In determining whether an act constitutes harassment, the college must carefully review the totality of the circumstances that pertain to any given incident. In addition, protection of individual rights, freedom of speech, and academic freedom must be assured.
Among the factors that will be considered are: repetition or pattern of objectionable behavior; intent of the behavior (e.g., words or actions with the intent to injure are prohibited, but words or actions as part of an exchange of ideas, ideology, or philosophy will be protected); location of behavior (different concerns exist between areas used a public forums, classrooms, or other settings); and the degree to which the behavior is commonly considered to be demeaning to members of the group in question who are of average sensibilities.
Discriminatory harassment is prohibited at Abraham Baldwin Agricultural College. Harassment can result in dismissal of the student, staff, or faculty member from the college. Discriminatory harassment is defined as speech or conduct that:
Complainants who believe that they are victims of discriminatory harassment are encouraged to use the college's internal procedures as described here to resolve complaints. They may also file discriminatory harassment complaints with appropriate state or federal agencies under Title VII of the Civil Rights Act of 1964.
The complainant may elect any of several procedures. The complainant may seek an informal resolution by 1) conferring with the administrators who oversee the respondent; or 2) submitting a written complaint to one of the individuals identified on the ABAC campus for receiving complaints. The complainant may also initiate the formal procedures with the Affirmative Action officer for the college. The ABAC Student Development Office is also available for personal counseling.
Complainants are encouraged to explore informal procedures before filing a formal complaint. At the informal stage, efforts can be made to educate both parties about discriminatory harassment including what it does and does not involve. The review can be constructively educational for all parties. For minor violations, an apology and promise not to repeat the offense may be sufficient restitution. However, where a serious violation of the policy is found, or resolution at the informal level is not satisfactory to the complainant or respondent, then the formal procedures may be initiated.
Director of Human Resources
ABAC's director of human resources helps all members of the faculty and staff, on a confidential and informal basis. The director of human resources can provide information about complaint procedures and rights of appeal and, if requested, may assist in seeking informal resolution between the complainant and the respondent.
Any action by the director of human resources, beyond simply consulting with the complainant, must include contacting the alleged harasser about the nature of the complaint and allowing the alleged harasser to reply. If the director of human resources takes action beyond talking to the complainant, then the department chair or immediate supervisor of the respondent may be informed relative to the alleged incident. The director of human resources may act as a mediator during these informal procedures.
The mediation process is informal and educational in nature; therefore, the mediator will only record the number of persons seen, administrative units involved, dates, and outcomes in general terms. A report of this mediation process is filed with the president.
Student and Enrollment Services
The ABAC Student and Enrollment Services Office and various staff members provide assistance to students on a confidential and informal basis. The vice president for student and enrollment services can provide information about complaint procedures and rights of appeal and, if requested, can seek informal resolution between the complainant and the respondent. Alleged incidents between students may be settled on an informal basis and may include mediation. Serious incidents between students may result in formal action being taken through administrative processes or through the Student Life Hearing Panel.
Alleged incidents involving students with faculty or staff may be initiated through one of the coordinators identified through the college but should also be referred by those coordinators to the director of human resources. The coordinator, in conjunction with the director of human resources, will then involve other college administrators in the informal process to resolve the complaint.
It is the responsibility of each unit to use its complaint process and other resources in a way that minimizes the burden imposed on the person who has complained and that resolves matters in such a way that discriminatory conduct is discouraged.
The formal grievance procedure will follow the established college grievance procedures for all faculty and staff as outlined in the elsewhere in this chapter. The formal grievance procedure for students will follow the guidelines of the ABAC Student Handbook.
In its effort to foster a community in which there can be a free and open development of ideas, Abraham Baldwin Agricultural College is committed to maintaining a working and learning environment free of sexual harassment. Faculty, staff, and students will flourish in an atmosphere in which the respect, dignity, and worth of all are acknowledged.
If the highest ethical principles and standards of professional conduct are to be maintained, all members of the college community should understand that there is no place for sexual harassment. The exploitation, coercion, intimidation, and reprisal connected with sexual harassment create an environment that subverts the college's mission. Moreover, primary responsibility for maintaining high standards of conduct resides with faculty and supervisors, since they exercise significant authority and power over others.
Sexual harassment of any member of the college community is prohibited and will subject the offender to the possible disciplinary action up to and including dismissal from the college after compliance with due process requirements. Sexual harassment is also prohibited by the University System of Georgia and by state and federal law.
The Equal Opportunity Commission definition states that unwelcome sexual advances, request for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when:
Sexual harassment most frequently occurs when a person in authority harasses someone with less power (faculty member/student, administrator/faculty member, supervisor/staff member). However, it is possible for a person with less power to harass a person in authority. Sexual harassment may also take place between persons of the same status (faculty/faculty, student/student, staff/staff). It may take place between persons of the opposite sex, or between persons of the same sex.
Persons who complain that they are victims (referred hereafter as "complainant") of sexual harassment are encouraged to use these procedures relative to complaints. The college has established suggested procedures for handling sexual harassment complaints as illustrated in subsequent paragraphs. Complainants may also file harassment complaints with the appropriate state or federal agencies under Title VII and Title IX.
The complainant may elect any of the following college procedures. The complainant may informally consult with the supervisor or administrator of the respondent's area of employment and seek an informal or mediated cessation of alleged sexual harassment activities. The complainant may also informally consult with the director of human resources or one of the campus coordinators to seek advice and counsel relative to the cessation of alleged sexual harassment activities. Student complainants are encouraged to contact one of the campus coordinators for informally discussing complaints that involve other students. The complainant may also choose to use the services of the college's counselor. The complainant may also choose to file a formal complaint with the director of human resources.
In general, the college counselor is used when the complainant desires individualized assistance in dealing with what appears to be a sexual harassment problem. Actions of the director of human resources and other college administrators focus on communication, education, and possible resolution. Formal grievance procedures focus on investigation and discipline. A complainant may use any of the procedures initially and may move among them as the situation dictates. All complainants are encouraged to explore informal procedures before filing a formal complaint.
College Counseling
Any members of the college community who believe themselves to be victims of sexual harassment may consult with a college counselor at any time during the complaint procedure. The counselor can work with the complainant to clarify possible experiences of sexual harassment. The counselor can also discuss alternative courses of action, including ways that complainants might address the situation themselves.
Complainants will not be required to reveal the alleged harasser's identify. Records of complainant's visits will be general in nature and will not mention the type of harassment per se if harassment is involved nor will they contain the respondent's name.
If the complainant, in consultation with the counselor, is not able to resolve the situation, the counselor will inform the complainant about other informal and formal procedures.
Mediation
The mediation procedure is available to complainants who want action taken in their behalf but do not wish to use informal or formal complaint procedures at this stage. The complainant does not wish to file an informal or formal written complaint at this stage.
The complainant could contact one of the college's sexual harassment representatives or the director of human resources or other college administrator to report the alleged sexual harassment. Complainants should be made aware of the channels for informal and formal reporting of sexual harassment incidents. Normally complaints would be referred to the director of human resources or the vice president and dean of student services at this stage for possible resolution. Any actions, beyond simply consulting with the complainant, must include having either the director of human resources or the vice president and dean of student services contact the respondent for a reply. If action is taken beyond talking, then the appropriate supervisors should also be communicated with in order to seek an informal resolution. The suggested procedures for informal sexual harassment complaints can be found in subsequent paragraphs.
These informal actions should make every effort to be resolved within 15 days of the complaint. If no acceptable informal resolution can be found, the complainant may file a formal complaint with the director of human resources for faculty and/or staff complaints or with the vice president and dean of student affairs for student complaints.
The formal procedure may be initiated in two ways:
Formal complaints must be submitted within one year of the most recent alleged sexual harassment act. Abraham Baldwin Agricultural College will follow the formal guidelines for a grievance hearing as outlined elsewhere in this chapter, as well as the college's suggested procedures as contained in subsequent paragraphs of this section. Formal complaints involving student to student alleged sexual harassment will follow the procedures outlined in the ABAC Student Handbook for the Student Life Hearing Panel.
Sexual attention that is unwanted may constitute sexual harassment. The behavior may be blatant or subtle, explicit or implicit, verbal or nonverbal. Examples of the verbal or physical conduct that may be prohibited include, but are not limited to:
Note that an isolated comment usually does not meet the hostile environment definition of sexual harassment. Hostile environment harassment usually requires repeated instances of offensive behavior.
NOTE: A copy of the resolution of this informal complaint will not be maintained in the personnel file and shall not be included in any evaluative methods.
NOTE: Processing time standards contained herein serve as institutional guidelines only, and neither complainants nor employees derive rights or benefits thereunder.
The following rights shall be accorded, by all campus officers, administrators, and employees of Abraham Baldwin Agricultural College, to victims of campus-related sexual assaults:
