Policy 01:115
Sexual Harassment

The University unequivocally opposes sexual harassment of and by faculty, staff, and students. All members of the University community have a general responsibility to contribute in a positive way to an environment that is free of sexual harassment.  Sexual harassment violates federal civil rights laws and the University's nondiscrimination policy, will not be tolerated, and is grounds for disciplinary action.  The University's response to sexual harassment incidents is separate and distinct from any civil or criminal action.  

Sexual harassment includes any repeated, unwanted:  (1) verbal or behavioral sexual advance, (2) sexually explicit or derogatory remark(s), jokes, cartoons, pictures, or other non-verbal matter, and/or (3) statement(s) made in the workplace or classroom that are sexually offensive or objectionable when:

• Submission to the conduct is either an explicit or implicit term or condition of employment or a grade; or
• Submission to, or rejection of, the conduct is used as a basis for employment or grading decisions; or
• The conduct or statement has the purpose or effect of substantially interfering with work or class performance, or of creating an intimidating, hostile, and/or offensive work or classroom environment.

The following describes some, but not all, situations that may occur in sexual harassment cases.

• The harasser’s conduct must be unwelcome and unwanted.
• The complainant and harasser may be either male or female.  The complainant does not have to be of the opposite sex.
• The harasser may be the complainant’s supervisor, an agent of the employer, a co-worker, or a non-employee and may be a faculty, staff or student.
• The complainant does not have to be the person who is harassed, but may be anyone adversely affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to, or discharge of, the complainant.
• Actual intent is irrelevant; a hostile environment can exist if the complainant believes the environment to be abusive and a reasonable person would find it to be an abusive environment.

Whether the alleged conduct constitutes sexual harassment depends upon the totality of the circumstances, such as the nature of sexual advances and the context within which the alleged incident(s) occurred.  Stalking and sexual assaults may be criminal acts and as such, investigation and processing by the criminal justice system, local police and campus security may supplement this policy.

In determining whether alleged sexual harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered.  Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual.

In cases of alleged sexual harassment, the protection of the First Amendment must be considered if issues of speech or artistic expression are involved.  Free speech rights apply in the classroom and in all other education programs and activities, as well as to the speech of students and faculty.  Care must be taken not to inhibit open discussion, academic debate, and expression of personal opinion, particularly in the classroom.  Nonetheless, speech or conduct of a sexual or hostile nature that occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited sexual harassment if it meets the definition of sexual harassment and (1) is reasonably regarded as non-professorial speech (e.g., advances a personal interest of the faculty member as opposed to furthering the learning process or legitimate objectives of the course), or (2) lacks accepted pedagogical purpose or is not germane to the academic subject matter.

Reporting of Sexual Harassment Allegations

Individuals who believe they have been victims of sexual harassment, or who have knowledge of a violation of this policy, should report the incident(s) as soon as possible to appropriate administrative officials, in the manner indicated below.  Delay in reporting makes it more difficult to establish the facts surrounding the incident and may contribute to the repetition of offensive behavior.

Complaints of sexual harassment will receive prompt attention, will be investigated, and will receive an appropriate response consistent with the circumstances and facts surrounding each situation.

1.  Student Complaints

(a) Students with complaints of sexual harassment by any faculty member, graduate assistant, and/or staff member should report the conduct to either the Dean of his/her college or to the Dean of the college, Department Head/Director, or Division Head in which the alleged harasser is employed. Students participating in internships, field placements, student teaching, or similar academic experiences in settings off campus should report the conduct to the Dean of his/her college.  In the alternative, if for any reason a student does not wish to report the conduct to these designated persons, the student may report the conduct to the University’s Equal Opportunity Officer.

(b) Students with complaints of sexual harassment by another student or by persons who are not employed by the University should report the conduct to the Vice President for Student Affairs.  In the alternative, if for any reason a student does not wish to report the conduct to the Vice President for Student Affairs, the student may report the conduct to the Equal Opportunity Officer.

2.  Employee Complaints

(a) Faculty should report complaints of sexual harassment to the Dean of the College in which they are employed.

(b) Staff should report complaints of sexual harassment to the administrative head of the Division in which they are employed.

(c) In the alternative, if for any reason a faculty or staff member does not wish to report the conduct to these persons, he/she may report the conduct to the Equal Opportunity Officer.  

Investigation Procedures

The University will conduct an appropriate investigation of all sexual harassment complaints.  In some instances and depending on the circumstances, the University may attempt to resolve the complaint informally between the accused harasser and the alleged victim.  In those circumstances, it might not be necessary to record the complaint in the alleged harasser’s personnel file, but the University official conducting the investigation will usually prepared a confidential file memorandum recording the complaint and the resolution achieved.  Those memoranda will be maintained in confidential equal opportunity files in the office of the Equal Opportunity Officer. 

In other instances, the complaining party may be asked to provide a written statement describing the offending conduct, providing factual detail of the allegations, and identifying any witnesses to the conduct.  (An appropriate investigation will be conducted regardless of whether the complaining party submits a written statement.) The University official investigating the complaint will afford the accused harasser an opportunity to respond to the allegations.  In most instances, the University official conducting the investigation will also attempt to identify and interview witnesses to the alleged conduct.  In most cases, the investigating official will make a written record of the allegations and of the resolution of the allegations.  Such records will be maintained in confidential equal opportunity files in the office of the Equal Opportunity Officer.  The complaining party and the alleged harasser will be notified of the outcome of the investigation.

Deans, department heads/directors, Division Heads, the Vice President for Student Affairs, and all other University employees to whom a complaint of sexual harassment is made are encouraged to contact the Equal Opportunity Officer for guidance and assistance in connection with the investigation of any sexual harassment complaint he/she may receive or be aware of.  

Disciplinary Sanctions for Violations of this Policy

Persons engaging in conduct or behavior which violates this policy will receive disciplinary action, up to and including termination of employment or dismissal as a student.  The level of sanctions imposed will be determined on the basis of the facts surrounding each situation and the extent and degree of harm involved. 

Assurance against Retaliation

Retaliation against persons who report or provide information about sexual harassment or behavior that might constitute sexual harassment is strictly prohibited.  The University will not tolerate any act of reprisal against or interference with any person who makes a good faith report of sexual harassment. Any such act of retaliation or reprisal is a violation of this policy and will result in appropriate disciplinary action, up to and including termination from employment or dismissal as a student.  At the same time, this policy will not be used to bring or make frivolous or malicious complaints against students, faculty, or staff, and any such bad faith complaint made for frivolous or malicious reasons may result in disciplinary action against the person bringing the complaint.  

Confidentiality

The University is committed to maintaining the confidentiality, to the extent practicable and appropriate, of any persons who makes a complaint or provides information in connection with an investigation under this policy.  However, it should be remembered that strict confidentiality cannot in all instances by assured in light of the University’s dual commitment to conduct an appropriate investigation of complaints.  The University will attempt to maintain confidentiality to the extent practicable under the circumstances, and persons who have knowledge of the identity of any person making a complaint are requested not to reveal such information to others except as may be necessary or appropriate for the University’s investigation of and response to a complaint or as may otherwise be appropriate to ensure compliance with this policy.

Requests for Additional Information

Inquiries regarding compliance with this policy and with related statutes and law, reports of violations of the policy, or questions about the process for initiating a complaint under this may be directed to the University's Equal Opportunity Officer.

 

Approved 2/93

Last Revised 8/05