69-350-1
PROHIBITION OF SEXUAL HARASSMENT (PROCEDURE)
A. Definitions
1. Sexual Harassment means unwelcome sexual advances, requests for sexual favors, and other
inappropriate verbal, written, or physical conduct of a sexual nature that takes place under any of
the following circumstances:
a. when submission to such conduct is made, explicitly or implicitly, a term or condition of
employment, instruction, or participation in college activities or programs;
b. when submission to or rejection of such conduct by an individual is used by the offender as the
basis for making personal or academic decisions affecting the individual subject to sexual
advances;
c. when such conduct has the effect of unreasonably interfering with the individual's work; or
d. intimidating, hostile, or offensive work or learning environment.
2. Complaint Manager means the person or persons who are responsible for the investigation of any
complaints alleging noncompliance with this policy. The complaint manager for Oglala Lakota College
employees is the Personnel Director, and for students it will be the District Center Staff.
B. Publication of Policy
1. Appropriate books and materials regarding sexual harassment shall be available in the library.
2. Each student shall receive a copy of this policy at the beginning of each year and at the time of
transfer to the college which shall be included in the Student and Staff Handbooks.
C. Training
1. All administrators, supervisors, instructors, and other staff of Oglala Lakota College shall receive
appropriate training, including but not limited to the following: EEOC Policy 1604.11, Oglala Sioux
Tribal laws, and South Dakota State laws.
2. All training shall be documented by maintaining records of the date the training was conducted; the
names of all persons participating (including signed attendance sheets); an outline of the subject
matter covered; the name(s) and credentials of the instructor (s); copies of hand-outs or
audio-visual material used; and any copies of tests and test results, if used.
D. Complaint Procedures
1. Filing
a. Any employee or student who believes that he or she has been subjected to sexual harassment has
the right to file a complaint with the Complaint Manager. If the original complaint is oral,
the complaining party shall be asked to put the complaint in writing. A written complaint shall
include the following: the name of the complaining party; the name of the offender; the date of
the offense; the location of the offense; a description in as much detail as possible of the
incident (s), including any statements made by either party; and a list of all known witnesses.
b. No person, witness, or person who participates or cooperates with an investigation shall be
subject to retaliation of any kind.
2. Preliminary Investigation
a. Complaints filed pursuant to this policy shall be promptly and thoroughly investigated by the
Complaint Manager.
b. All circumstances of the situation shall be considered in the investigation of possible
harassment incidents. In determining whether the alleged conduct constitutes sexual harassment,
consideration shall be given to the totality of the circumstances, including the context in which
the alleged incident (s) occurred.
c. Upon completion of the investigation, the Complaint Manager shall prepare a sexual harassment
report including the following: (1) the date of the incident (s); (2) the name of the
complainant: (3) the name of the offender (s); (4) a summary of the factual allegations that
allege sexual harassment; (5) the name of all potential witnesses; (6) a summary of the steps
taken to complete the investigation; (7) a summary of all witness statements (with copies of the
actual statements attached); (8) a listing of any physical evidence available and (9) a factual
summary of all evidence that supports or refutes the allegations of sexual harassment.
d. The investigation shall be complete within 5 days after the complaint is filed.
3. Initiation of Grievance Procedure
a. Once the preliminary investigation on a complaint is filed, the appropriate Grievance Policy and
Procedure of Oglala Lakota College will be initiated.
E. Monitoring
1. On a semi-annual basis, a random sampling of students and employees shall be interviewed to determine
if students and employees are being properly informed of the sexual harassment policy and whether
there are unreported incidents of sexual harassment.
2. Within three months after a complaint is resolved, the complainant shall be interviewed to determine
if any additional incidents have occurred and the complainant's general satisfaction with the
process involved.
3. The President shall report semi-annually to the Board of Trustees providing qualitative information
relative to the number of complaints, number of investigations, results of investigation, training
efforts and policy publication efforts.
4. This policy will be reviewed every three years.
(Adopted by B.O.T. action 1/3/95)
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