Sexual Harassment Policy

Augsburg College prohibits sexual harassment, intimidation and exploitation. Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment; or
• submission to or rejection of such conduct by an individual is used as the basis for academic and/or employment decisions affecting such individuals; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or creating an intimidating, hostile, or offensive environment.

Augsburg College prohibits sexual violence: see also the Sexual Violence Policy

Recognizing Sexual Harassment
A person commits sexual harassment when they:

• subject a subordinate or student to unwanted sexual attention, or
• attempt to coerce a co-worker or student into a sexual relationship, or
• threaten to punish a subordinate or student for refusal to comply with sexual demands, or
• make sexual favors conditions of participation in a class or work environment, or
• indicate that sexual favors are a basis for a grade or performance evaluation, or
• engage in conduct of a sexual nature that creates an intimidating, hostile, or offensive working or learning environment

Examples of Behavior that may be prohibited by this Policy 
(Within the context of academic freedom around teaching and research)

Verbal or Written

• Use of offensive terms with  sexual meaning, including mean-spirited jokes and unwelcome repeated teasing
• Referring to a person with sexual connotations (i.e. hunk, sexy, babe, doll, etc.)
• Making sexual comments about a person’s body or clothing
• Sexual jokes, stories, or history told in person or through an electronic device
• Sexual innuendoes, language or images made verbally or sent through texts, instant messages, email, social media posts, or by letter

Non-Verbal

• Stalking or blocking a person’s path
• Giving unwanted personal gifts
• Leering, staring, or looking a person up and down in a suggestive fashion
• Displaying sexually suggestive visual materials
• Making expressions such as blowing kisses or licking lips or making hand gestures

Physical

• Giving an unwanted massage to the person or brushing up against them
• Unwanted touching of a person’s clothing, hair or body
• Touching and/or rubbing oneself sexually against another person

This policy covers behaviors by third parties that occur on Augsburg College property.

Reporting Process
We encourage employees to speak directly to the perceived offender to draw attention to the behavior and to ask the person to stop. If the behavior stops, employees should report the incident to one of the Investigating Officers and that it is resolved.

If the employee is not comfortable speaking with the perceived offender, or they have done so and have received no adequate response, the employee should immediately report all incidents or situations of harassment or discrimination to an investigating Officer of the College. All reports of harassment or discrimination, including sexual harassment or sexual violence, will be taken seriously and appropriate investigative action will take place.

Students may use confidential counseling services provided by the Campus Pastor and/or the Center for Counseling and Health Promotion. These are confidential sessions and will not be reported to the College and are not part of the complaint and harassment processes.

Students are strongly encouraged to file an official complaint with one of the investigating officers listed below.

Investigating Officers
Every complaint of sexual harassment will be investigated by one of the following individuals, their designee, or an independent investigator hired by the College.

• Assistant Vice President Human Resources/Chief Diversity Officer and Title IX Coordinator
• Vice President for Academic Affairs and Dean of the College
• Vice President of Student Affairs

If you contact one of the above individuals they can:

• Assist and advise students, staff and faculty who feel they are experiencing sexual harassment
• Investigate the complaint
• Take appropriate action to stop the unwelcome behavior

Faculty should also refer to related policies in the Faculty Handbook.
Academic Freedom and Freedom of Expression
The College is committed to protecting and supporting academic freedom. For specific details and the definition of academic freedom, refer to the Faculty Handbook. Academic freedom shall be considered in investigating and reviewing complaints and reports of sexual harassment. However, raising issues of academic freedom will not automatically excuse behavior that constitutes a violation of the law of the College’s Sexual Harassment policy.

Employee Counseling
Faculty and staff may use confidential counseling services provided by the Employee Assistance Program (EAP). However these confidential counseling sessions will not be reported to the College, and are not part of the complaint and investigation process. Employees are still expected to report incidents of harassment or discrimination through the proper channels above.

Confidentiality
The College is sensitive to the desire of complainants for privacy and confidentiality. However, the College’s responsibility and obligation to investigate complaints of harassment and take appropriate action means that the College cannot guarantee anonymity to complainants.   The College will discuss the incident only with persons who have a legitimate need to know in the course of investigating and responding to the incident.

Approved by the Board of Regents January 27, 2012