6.9.01 Nondiscrimination Policy
It is the policy of Capital University to admit students of any race,
color, national and ethnic origin to all the rights, privileges, programs
and activities generally accorded or made available to students at the
University. It does not discriminate on the basis of race, color, national
and ethnic origin in administration of its educational policies, admission
policies, scholarship and loan programs, and athletic and other university
administered programs.
6.9.02 Affirmative Action Policy
Capital University's policy is to afford to all persons, without regard
to race, color, religion, sex, national origin or handicapping conditions,
equal opportunity for employment and equal opportunity to benefits from
its educational programs, student personnel services, financial aid,
housing, and other services.
Within the limits of its resources, the university will carry out an
affirmative action program to assure equal opportunity to all.
The Affirmative Action Officer of the university must approve all notices
of vacancies before such notices are posted. The Affirmative Action
Officer is to brief all search committees concerning affirmative action
procedures unless such briefing is done by the dean or vice president/provost
with the approval of the Affirmative Action Officer.
6.9.03 Human Dignity Policy
Capital University is an institution committed to Christian values
and to the development of individual potential. The members of our campus
community must respect all persons regardless of race, ethnic origin,
gender, age, religion, disability, or sexual orientation. While we realize
that acts of intolerance may be the result of ignorance and that a significant
part of our mission is to confront ignorance with education, we cannot
allow these acts to harm another person. In the same sense that we are
called to support the mission of Christian higher education, we are
also called to commit our energies and resources to the continual task
of combating both subtle and obvious intolerance.
Capital University regards as unacceptable conduct on the part of its
students, faculty, and staff, words or actions that are intended to
be, or that are reasonably foreseeable to be, threatening, intimidating,
or harassing to any member of the university community including students,
faculty, staff, guests and contracted services employees on the basis
of race, gender, sexual orientation, national or ethnic origin, age,
religion or handicapping condition.
Complaints of such conduct shall be heard and disciplinary action
taken consistent with the provisions of the student handbook, faculty-administrative
handbook, and staff handbook.
6.9.04 Policy on Sexual Harassment
In keeping with its mission statement and in compliance with the requirements
of Title VII of the Civil Rights Act of 1964 as amended, and of Title
IX of the Education Amendments of 1972 as amended, Capital University
explicitly forbids and will not tolerate any conduct by employed personnel
or by its students that is culpable under the generic legal term "sexual
harassment".
A. Rationale
1. Sexual harassment is a form of sexual discrimination and, as such,
is a violation of the law. Quite apart from its illegality, sexual
harassment subverts the mission of the university and threatens the
careers, educational experience and well being of students, faculty
and staff. Relationships involving sexual harassment or discrimination
have no place within the university. In both obvious and subtle ways,
the very possibility of sexual harassment is destructive to individual
students, faculty, staff and the academic community as a whole. When,
through fear of reprisal, a student, faculty member or staff member
submits or is pressured to submit to unwanted sexual attention, the
university's ability to carry out its mission is undermined.
2. Sexual harassment is especially serious when it threatens relationships
between teacher and student or between supervisor and subordinate.
In such situations, sexual harassment exploits unfairly the power
inherent in a faculty member's or supervisor's position. Through grades,
wage increases, recommendations for graduate study, promotions and
the like, a teacher or supervisor can have a decisive influence on
a student's, staff member's, or faculty member's career at the university
and beyond.
3. While sexual harassment most often takes place in situations of
a power differential between the persons involved, the university
also recognizes that sexual harassment may occur between persons of
the same university status.
B. Prohibited Acts
No member of the university community shall engage in sexual harassment.
For the purpose of this policy, sexual harassment is defined as unwelcome
advances, requests for sexual favors, or other verbal, visual or physical
conduct of a sexual nature when:
1. submission to such conduct is made explicitly or implicitly a
term or condition of an individual's employment or status in a course,
program or activity; or
2. submission to or rejection of such conduct is used as a basis
for an employment or educational decision affecting an individual;
or
3. such conduct has the purpose or reasonably foreseeable effect
of unreasonably interfering with an individual's work or educational
performance or of creating an intimidating, hostile or offensive environment
for work or learning.
C. Examples of Sexual Harassment
Sexual harassment encompasses any sexual attention that is unwanted.
Examples of verbal, visual, or physical conduct prohibited by this policy
may include, but are not limited to:
1. physical assault;
2. direct or implied threats that submission to sexual advances will
be a condition of employment, work status, promotion, grades, or letters
of recommendation;
3. direct propositions of a sexual nature;
4. repeated unwanted staring;
5. sexually suggestive or insulting sounds or gestures (e.g. , whistling
or leering);
6. subtle pressure for sexual activity;
7. a pattern of conduct (not legitimately related to the subject
matter of a course, if one is involved) that is intended to discomfort
or humiliate, or both, that includes one or more of the following:
(1) comments of a sexual nature, or (2) sexually explicit statements,
questions, jokes or anecdotes;
8. a pattern of conduct that would discomfort or humiliate, or both,
a reasonable person at whom the conduct was directed that includes,
but is not limited to, one or more of the following: (1) unwanted
touching, patting, hugging, or brushing against a person's clothing
or body; (2) remarks of a sexual nature about a person's clothing
or body; (3) disparaging remarks about one's gender; or (4) remarks
about sexual activity or speculations about previous sexual experience.
D. Investigation and Enforcement
Anyone believing that a provision of this policy has been violated
is encouraged to report the violation to the appropriate authority as
provided for in Section 6.10 and following or Section 6.11 and following.
Complaints regarding sexual harassment will be received, promptly investigated,
and vigorously pursued pursuant to the applicable procedures. A determination
that this policy has been violated will result in appropriate disciplinary
action up to and including dismissal.
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