Sexual misconduct consists of unwelcome sexual advances, requests for sexual favors and other verbal, visual and physical conduct of a sexual nature whenever:
- Submission to the conduct is made either an explicit or implicit condition of employment or educational objectives;
- Submission to or rejection of the conduct is used as the basis for an employment or education related decision affecting the employee or student; or
- The conduct unreasonably interferes with an employee or student’s work or educational performance or creates an intimidating, hostile or offensive working or educational environment.
EXAMPLES OF CONDUCT CONSTITUTING SEXUAL MISCONDUCT
Sexual misconduct can involve an almost infinite variety of conduct. Some examples include:
- Unwelcome physical contact with sexual overtones, such as touching, patting, pinching, repeatedly “ brushing” against someone or impeding the movement of another person.
- Sexually offensive comments such as slurs, jokes, epithets and innuendos.
- Sexually oriented “kidding” or “teasing” or sexually oriented “practical jokes”.
- Suggestive or obscene written comments in notes, letters, invitations or e-mail.
- Inappropriate, repeated or unwelcome sexual flirtations, advances or propositions.
- Offensive visual contact such as staring, leering, gestures or displaying obscene objects, pictures or cartoons.
- Inappropriate or suggestive comments about another person’s physical appearance or dress.
- Exchanging or offering to exchange any kind of employment or educational benefit for a sexual concession, e.g. promising a promotion or raise, or a particular grade in exchange for sexual favors.
- Withdrawing or threatening the withdrawal of any kind of employment or educational benefit for refusing to grant sexual favor, e.g. suggesting that an individual will receive a poor performance review or lower grade or be denied a raise unless she/he goes out on a date with the supervisor or teacher.
APPLICABILITY OF POLICY
The prohibition against sexual misconduct applies to everyone–teachers, students, administrators, faculty, managers, supervisors, salaried and hourly workers, temporary employees, contractors, customers, suppliers and guests. Academy for Nursing and Health Occupations will not tolerate sexual misconduct of any kind by anyone.
Academy for Nursing and Health Occupations will not retaliate against anyone for reporting or complaining about sexual harassment and will not tolerate retaliation by teachers, administrators, students, supervisors, managers or co-workers.
Discipline for Engaging in Sexual Misconduct.
-Depending on the nature and seriousness of the offense, Academy for Nursing and Health Occupations will impose all appropriate discipline, up to and including termination or dismissal, against any teacher, administrator, student, manager, supervisor or employee found to have engaged in sexual misconduct.
-When a student, customer, guest or other person not employed or enrolled in Academy for Nursing and Health Occupations is found to have engaged in sexual misconduct against an Academy for Nursing and Health Occupations employee, teacher or student, Academy for Nursing and Health Occupations will advise the person and his/her employer of Academy for Nursing and Health Occupations policy against such misconduct and will take such other action as is appropriate under the circumstances.