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staffpershandbook 2011[1] - Flagler College

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Sexual Harassment<br />

For purposes of this policy, sexual harassment consists of unwelcome and unsolicited advances toward<br />

members of the same or opposite sex, requests for sexual favors, sexually-motivated physical conduct, or<br />

other verbal or physical conduct or communication of a sexual nature, when:<br />

1. A college employee causes a student or other member of the <strong>College</strong> community to believe that he or<br />

she must submit to unwelcomed sexual conduct in order to be awarded a specific grade, participate in a<br />

school activity, receive a positive performance evaluation or promotion, or when an employee or third<br />

party agent of the <strong>College</strong> causes a student or employee to believe that the employee will make an<br />

educational or job-related decision based on whether or not the student or member of the college<br />

community submits to unwelcoming sexual conduct; or<br />

2. The unwelcome sexual conduct is so severe, persistent or pervasive that it affects an individual’s<br />

ability to participate in or benefit from an educational or job-related program or activity, or creates an<br />

intimidating, threatening or abusive educational or employment environment.<br />

Examples of conduct that may constitute sexual harassment include but are not limited to:<br />

• Sexual advances;<br />

• Touching, patting, grabbing or pinching anther person’s intimate areas, whether the person is of the<br />

same sex or the opposite sex;<br />

• Coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts;<br />

• Graffiti or images of a sexual nature posted in the workplace;<br />

• Sexual gestures;<br />

• Sexual or dirty jokes whether they be emailed or printed and posted in the workplace;<br />

• Touching oneself sexually or talking about ones sexual activity in front of others;<br />

• Spreading rumors about others of a sexual nature;<br />

• Unwelcomed, sexually motivated or inappropriate patting, pinching or physical contact. This<br />

prohibition does not preclude legitimate, non-sexual physical conduct such as the use of necessary<br />

restraints to avoid physical harm to persons or property, or conduct such as an instructors consoling<br />

hug of a student, or one student’s demonstration of a sports move requiring contact with another<br />

student.<br />

• Other unwelcome sexual behavior or words, including demands for sexual favors, when accompanied<br />

by implied or overt threats concerning an individual’s educational status or implied or overt promises<br />

of preferential treatment.<br />

Violators of <strong>Flagler</strong> <strong>College</strong>’s Sexual Harassment policy will be disciplined in accordance with <strong>College</strong><br />

policy up to and including termination.<br />

Harassment Based upon Ethnic or National Origin<br />

For purposes of this policy, ethnic or national harassment consists of verbal or physical conduct relating to<br />

an individual’s ethnicity or country of origin or the country of origin of the individual’s parents, family<br />

members or ancestors, when<br />

1. The harassing conduct is sufficiently severe, persistent or pervasive that is affects an<br />

individual’s ability to participate in or benefit from an educational program or activity, or<br />

creates an intimidating, threatening or abusive educational or employment environment;<br />

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering<br />

with an individuals academic or job-related performance; or<br />

3. The harassing conduct otherwise adversely affects an individual’s learning opportunities or<br />

work environment.<br />

Harassment Because of Age, Gender or Creed<br />

For purposes of this policy, harassment because of age, gender or creed consists of verbal or physical<br />

conduct relating to an individual’s age, gender or creed, when:<br />

<strong>Flagler</strong> <strong>College</strong> at its option, may change, delete, suspend or discontinue parts or the policy in its <br />

entirety, at any time and without prior notice. In the event of a policy change, employees will be <br />

notified. Any such action shall apply to existing as well as future employees. Page 24

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