(Adopted 11/13/85, Amended 5/91, 5/95)
The pronouncement of the United Church of Christ General Synod Eighteen on Sexual Harassment and Abuse in the Church makes the following theological affirmation:
As Christians, we believe all creation is precious to God. We believe that as persons created in the image of God, women and men are equal. Through our baptism, we are called to be co—creators with God of a world where justice, peace and mercy are to be enjoyed by all… We find in scripture a vision of beloved community, the hallmarks of which are protection for the vulnerable, hope for the oppressed, and love and respect among all of God’s people, weak and strong. It is a community in which ultimately “mourning and crying and pain will be no more.” (Revelation 21:4) The scripture calls all within the church to “let love be genuine; hate what is evil, hold fast to what is good... to do acts of mercy, to extend hospitality which assures safety and mutual respect.”(Romans 12:9ff)
United Seminary is committed to creating and maintaining a community in which students, faculty and staff can work together in an atmosphere free of all forms of sexual harassment, including sexual exploitation or intimidation. The Seminary will not tolerate sexual harassment and such behavior is prohibited both by law and by Seminary policy. Sexual harassment subverts the mission of the Seminary. It impairs the work and learning environment of all persons. It is the intention of the Seminary to take whatever action may be needed to prevent sexual harassment, exploitation and intimidation, and to discipline persons whose behavior violates this policy.
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
2.1 submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other Seminary activities;
2.2 submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual;
2.3 such conduct has the purpose or effect of substantially interfering with an individual’s performance or of creating an intimidating, hostile or offensive Seminary environment.
The following examples describe, but do not exhaust the range of possibilities of sexual harassment as defined in 2.1-2.3. Sexual harassment may take place when a person in authority, e.g., an administrator, faculty member, field instructor, or CPE supervisor, exploits the power of his or her role in relation to an employee or student.
It may also take place between persons of equal status in the Seminary (e.g., student-student, faculty-faculty, staff-staff); in situations of reverse power differential (e.g., student-faculty, employee to supervisor); or between members of the community not related by clear lines of authority (e.g., student-staff, staff-student).
Behaviors illustrative of sexual harassment may include but not be limited to verbal abuse of a sexual nature, as covered by 2.3; subtle pressure for sexual activity; sexual remarks regarding clothing, body, or love life; inappropriate touching, patting, or pinching; frequent sexual innuendoes; leering; brushing against the body; overt demands for sexual activity; sexual activity or physical assault; public display of sexually offensive or exploitative photographs, posters, cartoons, etc.
All members of the Seminary community are cautioned against engaging in sexual behavior that this document deems inappropriate (see 2.1, 2.2, 2.3), even if it is an apparently consenting relationship. This does not refer, primarily, to the consensual romantic relationships between peers, except as attitudes and behaviors are exhibited which meet this document’s definition of sexual harassment. However, it is important that what may seem consensual at any given time may not be truly consensual if there is a significant power differential between the parties. Thus, those relationships may be the basis of legal charges or ecclesiastical disciplines if a complaint is initiated at a future time. Such relationships between faculty and students are prohibited, and violation may be cause for dismissal.
Justice requires that the rights and concerns of both the complainant and the alleged violator be fully assured. The Seminary shall make every effort to assure and protect these rights and concerns, and shall undertake no action that threatens or compromises them. This means that the Seminary will maintain confidentiality in regard to the various committee proceedings necessary in the investigation of complaints insofar as possible and as is advisable for the good of all involved. Confidentiality here means that information that emerges during the complaint process and in the resulting committee conversations will be shared only with those who are directly involved in these proceedings and only as necessary in the pursuit of justice.
Any accusation of sexual harassment will be deemed a serious matter, and will be subject to an immediate investigation following the procedures for handling such complaints. This may include an immediate suspension of any academic or supervisory relationship until the process has been completed.
All members of the Seminary community including faculty, staff, students, administration, field instructors and CPE supervisors, will be required to sign a statement of Personal Disclosure. Information about the Personal Disclosure Form will be shared with prospective employees or field education supervisors prior to completion of contractual agreements.
3.1 The Personal Disclosure Form will be completed as part of the employment procedures of the Seminary. All field instructors or CPE supervisors will sign the Personal Disclosure Form as a part of the initial contractual agreement with the Seminary. A copy will be kept on file, subject to the laws of confidentiality governing the disclosure of records.
3.2 In the event a field instructor or CPE supervisor or Seminary employee elects not to sign the Personal Disclosure Form or asks to have it removed from their file, a notation of the disposition of the form will be placed in the file.
3.3 The Personal Disclosure Form may be released upon the written request of the signer to church and ministry committees (or denominational equivalents), or to civil or church authorities conducting civil, criminal, or ecclesiastical hearings on complaints of sexual misconduct or other charges of a sexual nature.
3.4 The Administrative Council will develop criteria and procedures for screening and disposition of Personal Disclosure Forms and their storage.
If a person feels that she or he may have experienced sexual harassment, she or he may go to a trained designated member of the Seminary community to informally report and discuss the incident. The purpose of such discussion is to gain clarity about the nature of the incident and to make a decision about whether to pursue a complaint in a more formal manner.
When any person believes he or she is the subject of or has been subjected to sexual harassment by a member of the Seminary community and desires to lodge a complaint, such person shall make such complaint in writing within three (3) years of the alleged offense and deliver the complaint to the dean, the vice president of development and stewardship, the vice president for finance and administration, the director of admissions, the chaplain and director of student life or the president of the seminary. Such complaint will require an immediate investigation.
After a written complaint is filed, the president shall appoint an informal investigative committee of three to investigate the complaint. One committee member shall be the vice president of development and stewardship, the vice president for finance and administration, the dean of the seminary, or the director of student life, and the others shall be faculty if the allegation involves a student or member of the faculty, or administrative staff if the allegation involves a staff person. The committee shall include both male and female members. The committee will meet with the person who filed the complaint and the person against whom the complaint was made. After an investigation, and if possible, within fourteen (14) days from receipt of the written complaint, the committee shall determine if the allegation has merit or not. The committee then shall meet with the complainant and respondent and inform them of its decision. If the committee finds that the complaint has merit, or if either the complainant or respondent requests such action, the matter shall be subject to further proceedings as set forth in paragraph 4.3, except that: if the committee believes that an informal reprimand or warning is appropriate for resolution of the matter, it may issue such a reprimand or warning, and the matter shall be considered resolved at the informal meeting stage and no further action will be taken.
In the event it is determined that the allegation has merit, and is of sufficient seriousness that a reprimand is not a sufficient response, or in the event that either the complainant or person allegedly violating the policy desires a hearing, the president shall refer the matter within fourteen (14) days to a Sexual Harassment Hearing Committee for hearing and recommendation. The composition of the Hearing Committee will seek to be sensitive to the racial and gender identity, or sexual orientation of the complainant and the accused. Confidentiality will be maintained insofar as possible and advisable. The complainant may select an advocate who may accompany the complainant to the hearing.
4.4.1 In the event that the alleged policy violator is a member of the faculty, the Hearing Committee shall consist of three tenured professors, two appointed by the dean of the seminary and one chosen by the alleged policy violator.
4.4.2 In the event that the alleged policy violator is a member of the staff, the Hearing Committee shall consist of one person appointed by the vice president of development and stewardship and vice president for finance and administration, one person appointed by the president, and a staff member chosen by the alleged policy violator.
4.4.3 In the event that the alleged policy violator is a student, the Hearing Committee shall
consist of one person appointed by the president, one person appointed by the
chaplain and director of student life, and a student chosen by the alleged policy
violator.
4.4.4 In the event that the alleged policy violator is a field instructor, CPE supervisor, or other authorized person in a supervisory relationship, the Hearing Committee shall consist of one person appointed by the president, one person appointed by the dean of the seminary, a member appointed by the authorizing committee (Church and Ministry Committee, etc.) or board (Church Council or Board of Directors or Board of Trustees) and a person chosen by the alleged violator. In the event that the accused refuses to cooperate in the process, the Seminary will act immediately to terminate the current placement and may terminate any future relationships with the particular supervisory setting, and any documentation may be forwarded to the authorizing committee or board of the alleged violator.
A private hearing shall be conducted within fourteen (14) days after the alleged violator receives the written allegation. The Hearing Committee shall establish rules and procedures for conducting the hearing. Both parties shall have the right to call witnesses, the right to question witnesses called by the other party, and the right to question the person or persons making the allegations and the person or persons about whom the allegations are made. Both parties shall have the right to be accompanied by an advocate, providing that advocate is not an attorney.
In the event that the alleged violator is a field education supervisor, CPE supervisor, or other person in a supervisory capacity, the hearing shall be private unless otherwise requested by either party and shall be held within fourteen (14) days after the alleged violator receives the written allegation. Both the alleged violator and the complainant shall have the right to call witnesses, the right to question witnesses called by the other party, and the right to question the person or persons making the allegations and the person or persons about whom the allegations are made. Both parties shall have the right to be accompanied by an advocate, providing that advocate is not an attorney.
The Hearing Committee shall transmit its findings and recommendations to the president and the dean of the seminary for consideration, recommendation and action. Action by the president and dean of the seminary shall be in writing, and where covered by stipulations in the Faculty Handbook, shall follow the relevant policies there.
The Hearing Committee shall transmit in writing its findings and recommendations to the president and the dean of the seminary for action, which may include dismissal. Action by the president and dean of the seminary shall be in writing. When the indicated action is for dismissal, the student shall have the right to appeal as specified in the policy on dismissal of students as printed in the Student Handbook.
The Hearing Committee shall transmit in writing its findings and recommendations to the president, the vice president of development and stewardship, and the vice president for finance and administration for action, which may include dismissal. Action by the president, the vice president of development and stewardship, and the vice president for finance and administration shall be in writing.
The Hearing Committee shall transmit in writing its findings and recommendations to the president and dean of the seminary for action, which may include severing of the supervisory relationship. The Hearing Committee may, at its discretion, refer written allegations or the results of its deliberation to the authorizing committee or board of the alleged violator.
The alleged violator and the person making the allegations shall be notified by the president in a timely manner (within five [5] working days) of the decision regarding the action to be taken.
Either the alleged violator or the complainant may appeal the decision within 90 days to the Executive Committee of the Board of Trustees. The Executive Committee of the Board of Trustees thereafter shall review the written findings and recommendations of the Hearing Committee and the written action, and may affirm or reverse the action or return the matter to the appropriate Hearing Committee for further hearing.
In the case of a complaint against a faculty member, nothing in this policy shall prohibit the president and/or dean of the seminary from instituting proceedings under policies of the Faculty Handbook for dismissal of the faculty member. In the event such proceedings are instituted, they shall supersede and replace proceedings under this policy.