IDF Sexual Harrassment Policy

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The Illinois Disciples Foundation Sexual Harrassment Policy

Revised and Approved by IDF Board, 12.19.98

THE IDF POLICY ON SEXUAL HARASSMENT AND A PROCEDURE TO BE FOLLOWED FOR RECEIVING AND INVESTIGATING COMPLAINTS OF ALLEGATIONS OF SEXUAL HARASSMENT OF PERSONS WITHIN IDF PROGRAMS

The Illinois Disciples Foundation is a peace with justice campus ministry of the Christian Church (Disciples of Christ) in the United States and Canada. IDF is a regional unit of the Christian Church in Illinois and Wisconsin. "This means that we are a ministry of, for, and by a people committed to an ecumenical mission of:
denouncing violence;
working for justice and compassion;
speaking truth to power;
standing in solidarity with those struggling for justice, peace, and the integrity of creation; and
caring for and affirming the gifts of all people, with special regard to those oppressed or disenfranchised on the basis of race, sex, gender, sexual orientation, class, age, national origin, cultural identity, spirituality or religious affiliation, physical or mental ability, HIV antibody status, marital status, family structure, socioeconomic status, educational status, or other distinctions" (IDF Constitution)

IDF is called to nurture the community of women and men as it engages in peace with justice ministry, to maintain our life and work environment free of sexual harassment or sexual intimidation from any employee or non-employed program volunteer. While IDF is called to offer forgiveness and absolution to all persons seeking pastoral care, it is not called to overlook unjust social situations and acts of ethical misconduct by any individual. Peace with justice ministry calls for corrective action.

Prompt investigation of allegations of sexual harassment will be made to determine the veracity of complaints, and appropriate corrective action will be taken.

DEFINITION OF SEXUAL HARASSMENT

For the purposes of this policy, sexual harassment is any attempt to coerce an unwilling person into a sexual relationship, or to subject a person to unwanted sexual attention, or to punish a person who refuses to comply. Sexual harassment may involve a wide range of behaviors from verbal innuendo and subtle suggestions to offensive and unwelcome hugs and kisses, overt demands and physical abuse/assault. Unwelcome acts will be considered as violations of the code especially when the accuser has in some way made her/his feelings of what is "unwelcome" known in advance. Sexual harassment is not exclusively a sexual issue but must be understood as an exploitation of a power relationship.

Sexual harassment includes one or more of the following:

1. Sexual misconduct includes but is not limited to:
a. Overt or covert sexual advances or contact.
b. Mental abuse (which may include risquŽ jokes, innuendoes, unacceptable visual contact, seductions)
c. Physical abuse/assault (which may include fondling, unwelcome hugs and kisses, and genital contact)

2. Sexual misconduct includes any intentional touching or fondling (either directly or through the clothing) of such areas of the body as the genitals, buttocks or breast of the victim or the accused.

3. Sexual misconduct also includes any case in which a minor is subjected to sexual impropriety, sexual assault or molestation, sexual exploitation or prostitution.

GUIDELINES AND PRINCIPLES

1. Persons accused of sexual harassment are to be considered innocent until the accusation has been substantiated by a preponderance of evidence.

2. All parties will be treated with respect and dignity. The charges will be taken seriously. The members of the Investigation Team appointed by the IDF Moderator must not discuss the investigation with anyone except those with whom they need to talk during the investigation process.

3. It is the aim of IDF to act with fairness, justice, and discretion. IDF will seek to extend appropriate pastoral care in every situation.

4. In the case of sexual harassment, the objective is to create an environment that will reduce and eventually abolish the "conspiracy of silence." Because accusers are ostracized when there is a forced recognition of a problem many have chosen to remain silent, thus without recourse to justice.

5. While IDF is called to offer forgiveness and absolution to all persons, it is not called to overlook situations of social injustice and acts of ethical misconduct by any person. Justice calls for corrective action.

6. Human sexuality is a gift from God and it is to be celebrated. The roots of sexual harassment and abuse are not in human sexuality but in the abuse of power. Care must be taken that power is not used to violate, harass or intimidate. Although offenders may believe their behavior is innocent or unintended, sexual harassment is defined by the perception and experience of the victim, so long as it is reasonable.

7. This policy is not designed as a substitution for legal proceedings; legal recourse is the jurisdiction of the civil court. Individuals who believe that their legal rights have been violated have the responsibility and choice to report violations to law enforcement authorities.

8. This document is written and meant to be interpreted with care, compassion, and justice-concern for all parties involved. It is not intended to be legalistic or punitive; it is to be understood in terms of IDF's peace with justice ministry and the programs through which its mission is advanced.

PROCEDURES TO BE FOLLOWED

1. To begin the process any complaint or accusation of sexual harassment shall be brought to the attention of the IDF Executive Director/Campus Minister and/or the Chairperson of the Program Committee. A copy of this policy will be given to the complainant.

2. Though the accusations may initially be shared verbally, the complainant must submit the grievance in a written form that is signed before it can be acted upon. The accuser must give a separate signed statement of permission to allow the Investigation Team to use her/his written report and name in discussion with the accused during the interviews.

3. The Executive Director/Campus Minister and/or the Chairperson of the Program Committee shall notify the Moderator of the IDF Board of Directors. The Moderator shall appoint an Investigation Team composed of three members of the IDF Board of Directors, naming one to serve as the Team's leader. These persons will possess the following characteristics:

Ability to maintain confidentiality within the Team;
Knowledge of this policy and of the Team's purpose and procedure;
Awareness of professional counseling resources;
Commitment to respond to requests for assistance;
Ability to give independent and balanced evaluation of the concerns of both accuser and accused;
Awareness of the implications and ramifications of the dynamics of power in social and human relations; and
Awareness that some current research indicates that in the case of sexual harassment, more often than not there is more than one victim.

4. The purpose of the Investigation Team is:
a) to make basic inquiries necessary for determining the veracity of the complaint (who? what? when? where? how?); and
b) to formulate recommendations concerning what actions may be appropriate for IDF to take.

5. The IDF Executive Director/Campus Minister will not be a member of the Investigation Team, but will serve in a pastoral care role for all persons involved in the investigation. The Executive Director/Campus Minister will also be available to the Investigation Team for consultation and advice.

6. The Investigation Team will schedule and conduct private interviews with the accuser; the purpose of the interviews is to thoroughly investigate the accusations. The accuser shall be informed that she/he may choose an appropriate friend to accompany her/him and to provide moral support. After initial interviews with the accuser, the investigation team must determine whether or not to proceed with the investigation.

7. If appropriate for continuing with the investigation, the Executive Director/Campus Minister will then notify the accused of the accusation by phone or in person; the Executive Director/Campus Minister shall attempt to negotiate a meeting with the accused in order to present copies of both the complaint and the IDF Policy on Sexual Harassment. If such a meeting cannot be negotiated, copies of the complaint and IDF policy will be sent by certified mail, return receipt requested, marked confidential.

8. The Investigation Team will seek to arrange a private interview with the accused. The purpose of the interview is to receive the response of the accused to the allegations made by the accuser. The accused shall be informed that she/he may choose an appropriate friend to accompany her/him and to provide moral support. If it is not possible to arrange a private interview, the accused will be asked to respond to the allegations in writing. If a response is received either verbally or in written form, the response will be made available to the accuser for comment. The process of the Investigation Team, however, is not dependent upon a response from the accused.

9. Throughout the entire process the Investigation Team shall keep a written log on each case. This log will be a part of the procedural file.

10. Individuals other than the accuser and the accused may be invited to appear before the Investigation Team in order to determine whether this is a single incident or not, or to clarify and verify information provided by the parties involved.

11. Within thirty days of the filing of the complaint, the Investigation Team will attempt to conclude the investigation and to formulate a recommendation to the IDF Board of Directors for action. If the investigation requires more time, the Investigation Team must notify all the parties involved, as well as the IDF Executive Director/Campus Minister and the Moderator of the Board.

12. Should the complainant decide not to pursue the issue, the Investigation Team may continue its investigation and action if it has discovered that serious incidents of sexual harassment have occurred.

13. The Investigation Team may confer with the IDF attorney and other professionals on a consultant basis as the situation warrants. None of them, however, shall participate in the Team's final decision or have a vote.

14. Using its best judgment, the Investigation Team shall decide upon an appropriate recommendation for action to the IDF Board of Directors. The IDF Moderator will provide written copies of the recommendation to both the accused and the accuser.

APPROPRIATE RECOMMENDATIONS FOR ACTION

The Investigation Team may recommend the following actions to the IDF Moderator; the recommendation is forwarded to the IDF Board of Directors for implementation.

Issues to be considered by the Investigation Team in making the recommendation may include the accused's intent, awareness of the appropriateness of the behavior in question, awareness of why the behavior is or is not appropriate, and willingness to take responsibility for the behavior and its consequences.

1. If the accusations are not substantiated:

The investigation will cease and the case will be closed. The written log of the Investigation Team will be destroyed. The Executive Director/Campus Minister will also respond with pastoral care and concern to the complainant.

2. If the accusations are substantiated:

A. An Educative Advisory: The situation is not necessarily sexual harassment but rather shows poor judgment. Clear guidance needs to be given to accomplish the necessary corrective. Counseling may be recommended.

B. An Educative Warning: The situation is unquestionably inappropriate and unwise behavior, but is not clearly sexual harassment. A clear warning states why the behavior is inappropriate, and calls for an immediate cessation of the behavior. Counseling is recommended.

C. Censure: The situation involves sexual harassment and has resulted in relatively serious consequences. Counseling and education are recommended. Restrictions may be placed on participation in IDF programs, and the individual may be banned (permanently or for a period of time) from the IDF building. Restrictions may also be placed on the accused from having contact with affected parties. The leadership groups in all the programs of IDF will be informed and advised concerning restrictions and bans. Recommendations may include that restitution appropriate to the situation be made to the affected parties.

D. Expulsion: The accused has clearly participated in sexual harassment which was persistent and which resulted in (or could have resulted in) serious harm to others. Rehabilitation, restitution, counseling and education are recommended. The protection of others from further harm and the protection of the integrity of IDF peace with justice ministry are paramount. The accused is banned from participation in IDF programs and its property.

3. If the complainant chooses to seek legal recourse, she/he will be advised to report the allegations to law enforcement authorities; charges may be made by the complainant.

PEACE WITH JUSTICE MINISTRY AND PASTORAL CARE WHEN SEXUAL HARASSMENT IS SUBSTANTIATED

1. Response to the Victim:

A. The Executive Director/Campus Minister shall respond with sensitivity and care.

B. If deemed necessary, a list of qualified counselors and programs may be provided to the victim and used at their choice and at their own expense.

C. The offending party is encouraged to offer financial assistance with medical and counseling costs.

D. IDF is to act in a pastoral and caring manner with any victims and their families; the goal is healing and recovery.

E. Where there are multiple victims identified, an opportunity may be provided for these persons to meet together for mutual support and hearing.

F. The victim's right to be in control of the recovery process will be respected. Persons involved should avoid making interpretations of what the experience means to the victim.

2. Response to the Accused:

A. IDF's response to the accused and her/his family should be understood in terms of IDF's peace with justice mission. Its intent is pastoral: rehabilitation and redemption in the human family.

B. As an act of fairness, justice and repentance, the accused may be encouraged to make financial restitution to the victim for their medical and/or therapy expenses.

C. Where therapy is indicated, the accused may choose from a list of counselors and programs which she/he may use.

D. In dealing pastorally with a situation under this policy, IDF must be guided by its theological tradition. Forgiveness, absolution, and restoration to positions of trust for persons who have violated that trust should not be quickly nor lightly assumed.

E. Forgiveness becomes possible when a perpetrator of injustice admits to the sin, repents or turns away from the sinful behavior, and accepts disciplinary action that offers some satisfaction to the victim and provides some assurance that such behavior will not occur again. Forgiveness that shortcuts any of these steps is inappropriate within the theological tradition to which IDF adheres and is a further betrayal of the victim. Restoration within IDF's peace with justice ministry is determined by the satisfaction of these three steps.

[This proposal is an adaptation of the "Guidelines for the Review of Ethical/Sexual Misconduct by Ordained or Licensed Church Professionals of the Christian Church (Disciples of Christ) in Illinois and Wisconsin".]