Faculty Handbook 2016-2017

Gender-based Misconduct Policies

Hendrix College affirms the principle that its students, faculty, and staff have a right to be free from harassment based on race, sex, ethnicity, national origin, age or disability by any member of the academic community.  All members of the academic community should support the principle that any harassment represents a failure in ethical behavior and a breach of trust.  Individuals who feel that they have been harassed may obtain redress by bringing a complaint, as described below.  Complaints about harassment will be responded to promptly and equitably.  The right to confidentiality of all of the academic community will be respected in both informal and formal procedures, insofar as possible. This policy explicitly prohibits retaliation against individuals for bringing complaints of harassment. All employees of Hendrix College are required to successfully complete sexual harassment, as well as Title IX & Campus SaVE Act trainings. These training will be administered within the first 30 days of employment, and on an annual basis thereafter.

Sexual Harassment
Whether involving a student, another faculty member, or a staff person, sexual harassment is defined as: gender-based verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile, or offensive working or educational environment.

Sexual harassment is understood to include a wide range of behaviors, from the actual coercing of sexual relations to the unwelcome emphasizing of sexual identity.  Any definition will be interpreted and applied consistent with ‘reasonable person’ standards and with respect to academic freedom where applicable.

Sexual harassment may take several forms:

  • The first type (“quid pro quo”) is where sexual activity is explicitly or implicitly made a condition affecting employment or academic decisions.
  • The second type is “hostile environment” sexual harassment, where there is not necessarily an effect on employment or academic decisions, but where the conduct creates an environment that may impair another individual’s academic or professional performance, or hinder his or her ability to function within the community. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  • Retaliation is any action intended to punish or prevent an individual reporting harassment.

Classroom Conduct
Faculty members should be aware that students in their classes constitute, to some extent, a “captive audience.”  They should bear in mind that obscene language, dirty jokes, and sexual innuendos may be deeply offensive to some of these students.  Students should be aware that sex is an important aspect of the human condition, and as such is going to come up as a legitimate topic in a number of their courses.  Ordinarily, if questionable conduct takes place in the teaching context, it must also be persistent, pervasive, and not germane to the subject matter to be considered sexual harassment.  The academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material.

Student Faculty Relationships
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of the faculty/staff handbooks. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student) are very strongly discouraged. 

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or make changes to prevent an individual from being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee.

Reporting Sexual Misconduct or Harassment of Any Kind

The procedures below are intended to create an atmosphere in which individuals who feel that they are the victims of harassment are assured that their complaints will be dealt ith fairly and effectively.  Additionally these procedures are intended to create an atmosphere in which instances of harassment are remedied.

Members of the community who feel that they are victims of harassment or have witnessed harassment, as defined above, are strongly encouraged to report the incident(s) to the Human Resources department or the Provost’s Office. All complaints will be investigated and resolved in a timely manner.  The college is committed to the preservation of the rights of both the accuser and the accused in question, including the right to confidentiality insofar as legal requirements and issues of individual and community safety allow, the right to the presumption of innocence, and the right to a fair and timely process.  While each investigation varies greatly based on the nature of the accusation all parties involved can expect the case to be resolved within 60 days from the date it was reported.

Mandatory Reporters

All full-time faculty of the College are defined as mandatory reporters for Title IX issues.  With this designation comes an obligation to report any discrimination or harassment based on a protected class, any sexual assault you become aware of, as well as any crimes that you witness on campus.  As a faculty member you are deemed a responsible reporter as a result of the reasonable assumption that you have the ability to aid students in issues they face on campus.  Any complaint of harassment or discrimination that is brought to you (formally or informally) must be communicated to the Human Resources Department or Provost’s Office because your knowledge of any incident (note this is knowledge of, not receipt of a formal complaint) constitutes notice to the institution.  To be respectful of students it is therefore important that when any individual bring forward a complaint you are careful not to promise confidentiality.  The College will work hard to respect privacy, but no mandatory reporter can guarantee complete confidentiality.  The Title IX Coordinator (listed below) will assist in the process of making a report and specify which personal/confidential information is needed by whom at what point in the investigation so as to aid any reporters in preserving privacy to the greatest extent possible.

The accused has a right to know of accusations against them, however investigators work extremely hard to maintain the privacy and confidentiality of all those involved while still effectively determining the outcome of a complaint.  Investigations vary greatly based on the nature of the complaint brought forward and therefore may, in some cases, be resolved with minimal involvement by either party.  During the investigation all parties have the right to have an advisor/advocate from the Hendrix community present during any questioning that may occur.  All parties have the right to present evidence, including the testimony of witnesses, should it be relevant or necessary in an investigation.  All parties involved will be notified of the outcome of an investigation.

Grievances

An individual may wish to appeal the finding of a harassment or sexual misconduct investigation.  They may present an appeal to the Title IX Coordinator if they feel that: the investigation was not equitable, new information is readily available that was not considered by investigators in determining responsibility or sanctions, or the sanction is not fairly suited to the offense.  

Sanctions

Sanctions for sexual misconduct by faculty members vary based on the nature of the incident and can range from documentation in the faculty members file to termination.  Sexual misconduct cases are not eligible for appeal to the Committee on Academic and Professional Concerns.  Sanctions will be recommended by the investigator of the case and reviewed by the Vice President of Human Resources and the Provost.  In the event that a grievance is lodged regarding sanctions they will be reviewed by the Title IX Coordinator.

Victim Support


As part of Hendrix College commitment to maintaining a safe and healthy community, victims of harassment or assault (whether it occurs on campus or off) should request resources for support from the Human Resources office.  This includes those individuals that may need assistance with incidents of intimate partner violence (aka “domestic violence”) or stalking.


Contact Information for Reporting

 Human Resources Office: (501) 450-1494
 Provost’s Office: (501) 450-1254
 
 Title IX Coordinator: Shawn Goicoechea, (501) 450-1415
 Title IX Investigator: Kesha Baoua, (501) 450-1222
 Title IX Deputy Coordinators:
    Vicki Lynn, (501) 450-1494
    Jim Wiltgen, (501) 450-1222
    Terri Bonebright, (501) 450-1273