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Smith College has created
the position of ombudsperson to assist any student, faculty
or staff member in resolving a wide variety of conflicts.
Sexual harassment is an area of conflict that can often be
resolved with the assistance of the ombudsperson. In this
procedure it is her role to provide a fair and just forum
for the informal resolution of sexual harassment complaints.
The purpose of the initial interview is to determine:
what happened, when it happened, where it happened,
and if what transpired is sexual harassment.
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A. |
The ombudsperson will discuss what informal
actions may be taken to resolve the problem. This involves
asking the student what she would like to see happen,
evaluating whether this is appropriate and how it could
be implemented, and providing alternative options as necessary.
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| Some informal actions
that may be appropriate are:
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the ombudsperson may offer to speak with the offender |
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the ombudsperson may suggest a meeting with both parties
to explain the complainant's feelings and the college's
policy |
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B. |
The ombudsperson will review other actions the complainant
could pursue (formal resolution according to the Smith
College Civil Rights Policy and Grievance Procedures,
pp. 5-7 and the external agency options: Massachusetts
Commission Against Discrimination or the Office for Civil
Rights of the U.S. Department of Education as found in
Appendix B, p. 18).
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Following this initial
discussion, the student will determine how she wishes to proceed.
In cases of sexual harassment
involving a documented pattern of behavior, the Office of
Institutional Diversity may initiate an investigation on behalf
of the college even if the student who brings the complaint
does not wish to pursue the formal grievance procedure for
her own case.
When a clear case
of sexual harassment exists and/or it is determined that the
student is in danger, the ombudsperson is required to report
the circumstances to the Office of Institutional Diversity.
This applies even in cases where the student requests that
no action be taken or that she not be identified. The Office
of Institutional Diversity, in consultation with the dean
of the college and other relevant members of the administration,
will determine what further action will be taken.
At the informal resolution
level, normally only the parties involved and the ombudsperson
will be privy to the details of the grievance. The ombudsperson
will keep a record (in a confidential file) of her contact
with the parties involved and how it progressed. Under most
circumstances, the ombudsperson, during informal resolution
(see Record-Keeping section), will contact no person other
than the complainant and the accused regarding the matters
being addressed. Both parties will be instructed to keep the
matter confidential.
Pursuing an informal
resolution does not preclude the option of later filing a
formal complaint with the Office of Institutional Diversity
and/or filing charges under federal or state law (see Appendix
B, p. 18 for time limits). At the point the student decides
to file a formal complaint, either internally or externally,
the ombudsperson will withdraw.
Retaliation against
a complainant for filing a charge of sexual harassment is in
violation of law and Smith College 's Sexual Harassment Policy
and is subject to disciplinary action, up to and including dismissal
from the college.
Any person determined
to have invoked the Student Sexual Harassment Complaint Procedure
in bad faith, or to have knowingly presented false or misleading
information, will be subject to disciplinary action, up to
and including dismissal from the college.
"B" list professionals
will keep notes of conversations in a confidential file. Except
for compelling reasons, such information will not be made
available to either the dean of the faculty or the Department
of Human Resources. Only if this complaint, or another accusation
involving either party, is brought through the formal grievance
procedure to the point of determining sanctions will the noted
information be made available to the Office of Institutional
Diversity.
The ombudsperson keeps
his/her own files to which no other person has access. The
ombudsperson will consult with the Office of Institutional
Diversity in matters where he/she is aware of a pattern of
behavior or when the circumstances require further review.
At the end of each academic
year, the ombudsperson will request staff in the Office of
the Dean of the College to supply the number of student cases
that each supervised. The ombudsperson will then report to
the college community:
1. |
the number of student cases reaching a
conclusion via the informal complaint procedure; and |
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the number of student cases referred to the Office
of Institutional Diversity for further review. |
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- adapted from the sexual harassment grievance procedures
of Brown University, Cornell University, Simmons College
and Wellesley College
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About
the Handbook
Table
of Contents
Introduction
Master's
Program, Summer
Master's
Program, Winter
The
Academic and Field Work Performance Standing
Committee
Administrative
Policies & Procedures
Other
School Policies
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