The right of free speech and the open exchange of ideas and views are essential, especially in a learning environment, and Colby College vigorously upholds these freedoms. The College is committed to assuring dignity for all and desires to be welcoming to every member of the campus community. Harassment based on race, color, sex, sexual orientation, gender identity, religion, national or ethnic origin, or disability results in loss of self-esteem for the victim and in the deterioration of the quality of the classroom, social, or workplace environment. Neither the law nor College regulation permits harassment as defined in these policies. Both racial and sexual harassment are illegal under state and federal law. Harassment by one’s peers, by any student, or by any employee of the College will not be tolerated. Possible penalties for those found guilty of harassment include probation, suspension, expulsion, termination of employment, and civil or criminal lawsuits.

Note: These internal policies and procedures affect individuals while they are students at Colby or are employed by the College.

Those in positions of authority in all sectors of the College community must recognize that there is always an element of power in their relationships with persons having less authority. Faculty members must be aware that they can unexpectedly find themselves responsible for the instruction or evaluation of any student at the College. It is, therefore, the responsibility of the person in authority not to abuse that power. Relationships between consenting adults that would otherwise be acceptable can pose problems when one of the two has any kind of authority over the other. Such relationships should be avoided.

Definition of Harassment

The following are provided as examples of the kinds of actions that may constitute harassment under College policy:

Hostile, intimidating remarks (including jokes) or physical gestures directed at a person because of race, color, sex, sexual orientation, gender identity, religion, national or ethnic origin, or disability.

Sexual contact or pressure that is not freely and explicitly agreed to by both parties. Rape is not always perpetrated by a stranger. Date or acquaintance rape and pressured sex are more common than many realize. No circumstance, including excessive drinking, is an acceptable excuse for such behavior.

Any unwanted attention of a sexual nature (e.g., physical contact, written or verbal comments, lewd or suggestive looks and/or gestures).

Implied or expressed threat of reprisal for failure to comply with a request for sexual contact.

Any conduct of a sexual nature that has the purpose or effect of unreasonably or substantially interfering with an individual’s working or educational environment, or of creating an intimidating, hostile, or offensive working or educational environment.

Defining harassment in the classroom poses some difficult problems. The tradition of academic freedom is a long and honored one. Instructors have wide latitude to conduct classroom sessions in creative and intellectually stimulating ways. In the classroom, texts, ideas, values, and objects should be presented so as to elicit the fullest possible critical and emotional response. It seems unlikely that any student could pass through the educational process without confronting uncomfortable moments and ideas that are disquieting. While students must expect to be challenged, they also have the right to participate in the classroom without being harassed or intimidated Students should not be singled out, in any way, by race, gender, sexual orientation, gender identity or religion. It is incumbent upon faculty members not to abuse, or seem to abuse, the power with which they are entrusted. Instructors have the special responsibility to explain to their students, when necessary, the educational purpose of any classroom technique or practice.

If a Colby faculty member or member of the administrative staff becomes aware of student-to-student harrassment, that faculty or staff member must report the matter to the Director of Equal Employment Opportunity/covenor of the Harrassment Advisory Group or the Dean of Students.

Institutional Support

Colby College has established procedures for the protection and well-being of all members of the community, and they are encouraged to use them if they become victims of harassment.

In addition to the usual sources of support (Office of the Dean of Students, residence hall staff, Counseling Services, chaplains, faculty members, Office of the Dean of Faculty, Office of Personnel Services), Colby College has a Harassment Advisory Group (HAG). The group comprises two faculty members, four students, two administrators, two support-staff members (all volunteers), and one person with counseling training experience. The group should be broadly representative of the Colby community: for example, gender, ethnicity, race, sexual orientation should be considered in appointing members. Members of the group will be able to assist in determining the proper procedure to end the harassment. Those who are not sure if their experience was actually harassment should talk to a member of the group to resolve their doubts. The names and phone numbers of members of the Harassment Advisory Group are normally posted on the bulletin boards around campus or can be obtained from the Office of the Dean of Students, the Office of the Dean of Faculty, the Office of the Vice President for Administration, the Office of Personnel Services, the Office of the President, or the Office of Security.

In our determination to secure dignity for all, Colby College has not overlooked the Constitutional principle of the presumption of innocence. The College will provide assistance for anyone accused of harassment. Faculty or staff members accused of harassment may seek staff assistance from the dean of faculty or the Office of Personnel Services; students may ask the Office of the Dean of Students for help.

Harassment Complaint Procedures

Harassment incidents should be dealt with promptly, because a claim might be difficult to substantiate long after the incident has occurred. The purpose of a complaint is to seek a satisfactory resolution of the situation, ranging from an apology to changes in instructional, working, living, or social arrangements, and including, always, a change in behavior. It is illegal to retaliate against any person who reports an incident of harassment, and employees and students should feel free to report such incidents without fear of reprisal. Each reported incident will be investigated carefully, promptly, and thoroughly. A record of accusations and outcomes, including both accusers and defendants, will be kept in the Harassment Officer's file for three years.

When dealing with alleged acts of a criminal nature, the College may be required by law or practice to notify the local law enforcement authorities. Victims are urged to report rapes and other serious crimes to local authorities, who may, given the willingness of the victim, investigate and prosecute. If the victim is a student who elects not to report such crimes, the College will, without naming the victim, alert local authorities that the matter is being handled on the campus. In the interest of protecting the well-being of students and other members of the Colby community, the College may have to report additional details, including the victim’s name, to local authorities.

As an educational institution, Colby encourages all individuals to attempt first to resolve problems directly.

The three procedures outlined below, then, are possible courses of action. No one is required to follow them in the order listed. Complainants may start with whichever complaint procedure they feel is warranted by the nature of the harassment and with which they feel most comfortable.

You may ask a harassment advisor to speak with the person about your concerns, either with or without you present. Some people may be unaware of their harassing behavior and may well respond to immediate communication, confrontation, or forceful statement of the problem. You and the harassment advisor should keep a written record of the exact date, time, and place of the meeting.

You may write the person a letter that contains specific times, dates, and circumstances of the harassment behavior and states that you expect this behavior to cease. The letter will either resolve the problem or help establish grounds for a formal complaint if the behavior does not stop or if you are not satisfied with the response (you may ask a harassment advisor to assist you in writing the letter). Retain a copy of the letter for yourself and give the original and a second copy directly to the chair of HAG, not to your HAG contact. The chair of HAG will deliver the letter to the person, notify the person that a written response is required within five work days, retain a copy of the complaint letter in a confidential file, give you the written response, and retain a copy of the response letter in the same confidential file. Information in a confidential file will be shared with other members of HAG only when a pattern of alleged harassment is emerging. In such cases, the chair of HAG, in an attempt to resolve the issues, may bring the documentation of such a pattern of behavior to the attention of the appropriate supervisor, the dean of faculty, the administrative vice president, or the dean of students, with a copy to the accused.

A complainant may ask for HAG’s help to begin the process of a formal complaint procedure. If the complainant is advised that a formal complaint procedure should be followed and the complainant declines to do so, the complainant should sign a letter stating that it is the complainant's decision not to proceed further. If a formal complaint procedure is begun and the complainant declines to follow it through to completion, the complainant should sign a letter stating that it is the complainant’s desire to terminate the formal complaint procedure. Although the College will attempt to honor such requests if possible, complainants must be aware that harassment is illegal and harms the entire Colby community. Colby, therefore, may be obligated to take further steps to eliminate the harassment and will make a good faith effort to ensure that no retaliation occurs. When dealing with alleged acts of a criminal nature, the College may be required by law or practice to notify the local law enforcement authorities.

A formal complaint will be lodged with the chair of HAG. After receiving a formal complaint, HAG will appoint a Harassment Hearing Board except in cases involving student-to-student sexual assault/rape, which will be heard by the Judicial Board or, in some cases, a Dean’s Hearing Board. These procedures for students are described in the Colby Student Handbook. A copy of the complaint will be provided to the accused by whichever board hears the case.

The Harassment Hearing Board shall be made up of one person appointed by the president on the recommendation of the complainant in the case, one person appointed by the president on the recommendation of the accused in the case, two persons selected by appropriate review committees (Faculty Grievance Committee and/or Student Judiciary) from among their own members, and one person as convener appointed by the president. Within 30 work days of receiving a request for formal procedures, the Harassment Hearing Board will:

1. Set a hearing date providing the accused with timely notice thereof.

2. Conduct an orderly hearing, including the taking of testimony from both complainant and accused and from others with knowledge of the alleged harassment. In addition to testimony regarding this specific complaint, HAG may offer relevant evidence contained in its confidential files of previous procedures regarding the accused. Only members of the Harassment Hearing Board, witnesses when called upon, and participants may be present. The accused may be represented by an attorney. In such cases, the Harassment Hearing Board may appoint and consult its own attorney, as may the complainant.

Within 30 work days after the hearing, the Harassment Hearing Board will prepare and submit to the president written findings of fact in the case indicating if harassment has been determined to have occurred, the board's sense of the nature and extent of the harassment, and recommended sanctions, if any.

The president will normally respond to the board’s findings and recommendation within 10 work days after receiving the report. The president’s decision is final.

If the Harassment Hearing Board or other board finds evidence of harassment but does not recommend termination of employment for a faculty or staff member or suspension or expulsion from the College for a student for the particular offense, the accused will be told that such evidence has been placed in his/her file, and he/she will be notified that a second such infraction might result in suspension, expulsion, or termination of employment.

N.B. Bringing a complaint before the Harassment Advisory Group neither precludes nor necessitates filing a complaint with the Maine Human Rights Commission or with any other federal or state agency. Laws current at the time of this publication require that a complaint filed with the Maine Human Rights Commission be submitted no later than 180 days after the alleged incident occurs.