VII.D. Sexual Harassment and Sexual Violence Policy

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Revision as of 22:57, 25 January 2012 by xx>Willkrantz (→‎A. Introduction: amendment that policy was passed with at 12/8/11 meeting)
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A. Introduction

The Berkeley Student Cooperative is committed to creating and maintaining a community in which all persons who live in the Berkeley Student Cooperative units and participate in BSC activities can live together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Every member of the BSC community should be aware that such behavior is prohibited by law and by BSC policy and that the BSC will not tolerate sexual harassment, misconduct, and/or assault in any form. The BSC will take appropriate action to prevent, correct, and discipline behavior that is found to violate BSC policy or regulations proscribing any form of sexual harassment.


Members who feel they have been or are being sexually harassed or have witnessed sexual harassment should inform their supervisor, a house-level official, the CODA, or any Central Level Supervisor at 848-1936. Prompt action shall be taken on the behalf of any member who notifies the aforementioned bodies that such behavior/incident/situation has occurred. All calls and complaints will be handled.”

B. Applicable Standards

Whether or not the criminal justice authorities choose to prosecute, the BSC can pursue formal disciplinary action against a member alleged to have committed sexual harassment and/or assault. Responsibility for adjudicating BSC disciplinary actions involving members rests with the Conduct Committee or the Cabinet when the Conduct Committee is not in session or cannot otherwise be convened.


To prevent further conflict between the parties the BSC may utilize administrative reassignment procedures to move members to another house, limit access to a specific house during the course of a sexual harassment investigation, or make accommodations as appropriate for either party (including exclusion from certain houses and/or contact with the respondent), pending a formal conduct hearing. Theprocedures outlined in the BSC’s Grievance Procedure will be followed in resolving allegations of sexual harassment and/or assault.


The BSC is also responsible for ensuring that the member charged with committing sexual assault/harassment is treated fairly. The respondent will be presumed innocent unless proven responsible, and will be referred to appropriate services for assistance. Established principles of confidentiality, arising under policy and law, and recognition of the concern for privacy inherent in allegations of sexual assault and/or harassment are maintained. To protect the complainant’s privacy rights, the names of members or other identifying information, especially that which is contained in written documents and notes, will only be disclosed to third parties if prior permission is given by the complainant concerned or to those authorized by BSC policy to receive such information.


Any employee or member who sexually harasses another employee or member will be subject to disciplinary measures up to and including termination of employment or membership. Corrective actions/options may include advising, counseling and training.


C. Definitions

Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a person's employment or education, unreasonably interferes with a person's work or educational performance, or creates an intimidating, hostile or offensive working, learning, and/or living environment. Sexual harassment may be found in a single episode, as well as in persistent behavior. Sexual harassment includes, but is not limited to, the following examples:

1. offering employment or membership benefits in exchange for interactions of a sexual or romantic nature;
2. making or threatening reprisals after a negative response to sexual advances;
3. unwelcome or irrelevant comments, gestures, intrusive questioning, or other forms of personal attention which are perceived as sexual overtures or denigration;
4. making or using sexually derogatory comments, epithets, slurs, and jokes;
5. unwanted advances including sexual propositions, physical contact including touching, patting, tickling, kissing, grabbing, impeding or blocking movements, or any other invasion of personal space;
6. advances of the type mentioned immediately above with threatened or implied sanctions, including physical or emotional violence, loss of job security, or public humiliation;
7. engaging in retaliation after a negative response to sexual advances
8. graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations;
9. following or stalking
10. making harassing and/or unwanted telephone calls of a sexual nature to an individual, or sending harassing correspondence to an individual by any means including, but not limited to, the use of public or private mail, interoffice mail, facsimile, computer e-mail or text messaging.
11. leering, making sexual gestures, displaying sexually suggestive or derogatory objects, posters, cartoons or drawings;
12. assault -- any sexual intimacy that is coerced, accompanied or not by physical violence. :13. engaging in any sexual activity in the absence of consent.


D. Definition of Consent

Sexual activity requires consent. Consent is defined as positive cooperation in act or attitude pursuant to an exercise of free will. Consenting individuals must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. It cannot be obtained by threat, coercion, or force.


The person who wants to engage in the specific sexual activity or conduct is responsible for obtaining consent to make sure that he or she has consent from the other party or parties. The determination regarding the presence or absence of consent should be based on the totality of circumstances, including the context in which the alleged incident occurred and whether the respondent held a reasonable and good-faith belief that consent had been obtained. The following factors should be considered in evaluating the circumstances:


  • A current or previous relationship is not sufficient to constitute consent.
  • Consent may not be given by someone who is impaired or incapacitated.
  • Consent may not be inferred from silence or passivity alone.
  • Consent must be present throughout and can be revoked at any time.


Relying solely upon non-verbal communication can lead to miscommunication. Since two people may experience the same interaction in different ways, it is the responsibility of both parties to make certain that the other has consented before engaging in any sexual activity.


[Board Approved 12/8/11]