Sexual harassment

1. Rationale

a. Sexual harassment is reprehensible and will not be tolerated by the University. It subverts the mission of the University and threatens the careers, educational experience, and well-being of students, faculty, employees, and patients. Relationships involving sexual harassment or discrimination have no place within the University. In both obvious and subtle ways, the very possibility of sexual harassment is destructive to individual students, faculty, employees, patients, and the University community as a whole. When, through fear of reprisal, a student, faculty member, employee, or patient submits, or is pressured to submit, to inappropriate sexual attention, the University's ability to carry out its mission is undermined.

b. Sexual harassment is especially serious when it threatens relationships between teacher and student, supervisor and subordinate, or clinician and patient. In such situations, sexual harassment exploits unfairly the power inherent in a faculty member's, supervisor's, or clinician's position. Through grades, wage increases, recommendation for graduate study, promotion, clinical priority, and the like, a person in a position of power can have a decisive influence on the future of the student, faculty member, employee, or patient.

c. While sexual harassment most often takes place in situations of a power differential between the persons involved, the University also recognizes that sexual harassment may occur between persons of the same University status. The University will not tolerate behavior between or among members of the University community which creates an unacceptable educational, working, or clinical environment.

2. Prohibited acts

No member of the University shall engage in sexual harassment. For the purposes of this policy, sexual harassment is defined as inappropriate sexual advances, such as requests for sexual favors, or other verbal or physical conduct of a sexual nature. Harassment is considered to have occurred if:

a. submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or status in a course, program, or activity;

b. submission to or rejection of such conduct by an individual is used as a basis for an educational, employment, or clinical decision affecting an individual;

c. such conduct has the purpose or effect of unreasonably interfering with an individual's academic, work, or clinical performance or of creating an intimidating, hostile, or offensive environment for learning, work, or therapy;

d. there are inappropriate or unwanted sexual approaches.

3. Examples of sexual harassment

Sexual harassment encompasses any sexual attention that is unwanted or inappropriate. Examples of the verbal or physical conduct prohibited by section 2 above include, but are not limited to:

a. physical assault;

b. direct or implied threats that submission to sexual advances will be a condition of grades, letters of recommendation, employment, promotion, or therapy;

c. direct propositions of a sexual nature;

d. subtle pressure for sexual activity;

e. a pattern of conduct not legitimately related to the educational, work, or clinical context intended to discomfort or humiliate, or both, that includes one or more of the following:

1) comments of a sexual nature;

2) sexually explicit statements, questions, jokes, or anecdotes.

f. a pattern of conduct that would discomfort or humiliate, or both, a person at whom the conduct was directed that includes one or more of the following:

1) unnecessary touching, patting, hugging, or brushing against a person's body;

2) remarks of a sexual nature about a person's clothing or body;

3) remarks about sexual activity or speculations about previous sexual experience.

4. Isolated and inadvertent offenses

a. Members of the University community who, without establishing a pattern of doing so, engage in isolated conduct of the kind described in subsections 3(e) and (f), or who exhibit a pattern of engaging in such conduct but fail to realize that their actions discomfort or humiliate, demonstrate insensitivity that necessitates remedial measures. When University administrators become aware that such activities are occurring in their areas, they should direct those engaged in such conduct to undertake an educational program designed to help them understand the harm that they are doing.

b. If, after participating in the educational program or failing to participate after being directed to do so, a person continues to engage in the conduct described in subsection 4(a), he/she will be deemed to have engaged in a pattern of conduct intended to discomfort or humiliate the one at whom the actions or statements are directed.

5. Procedures

Because of the sensitive nature of situations involving sexual harassment and to assure speedy and discreet resolution of these issues, the University has established informal mediation procedures and formal investigation procedures for handling complaints involving sexual harassment. Informal procedures may be utilized, but are not required to precede the formal procedures. [In describing these procedures, complainant refers to any student, faculty member, employee, or patient who complains about being sexually harassed. Accused or respondent refers to any student, faculty member, or employee who is accused of sexually harassing a student, faculty member, employee, or patient.] If a complaint is directed against an individual who would otherwise play a role in investigating and attempting to resolve the complaint, the function assigned to that person by these procedures will be delegated to another person designated by the appropriate dean of a school or administrator.

a. Informal procedures: University ombudspersons panel. The president shall appoint a panel of up to 16 members to serve as counselors and third-party ombudspersons to members of the University community. Terms of appointment shall be two years. The function of a University ombudsperson shall be to attempt to resolve informally complaints of sexual harassment brought to them by members of the University community. Any student, faculty, or staff member may select an ombudsperson of his/her choice from the panel. Informal proceedings may also be initiated by an administrative official of the University. Each ombudsperson will function individually to mediate complaints, but all ombudspersons will follow consistent procedures. Training of ombudspersons shall be the responsibility of the office of the chancellor.

Ombudspersons shall:

1) Listen to the complaint, and assist the complainant in clarifying his/her experiences and feelings.

2) Advise complainant on his/her options, both informal and formal. 3) Inform the responsible dean of the school or administrator before any inquiry is begun.

4) At the request of the complainant, talk to the accused without revealing the identity of the complainant in an attempt to work out a satisfactory solution, and convey to the complainant the results of that discussion.

5) If both parties are satisfied with the outcome of the ombudsperson process, the matter may end there. However, the accused must be informed that even if the complainant is satisfied, the dean and affirmative action officer may feel it needs further action.

6) If the accused is not willing to participate in the ombudsperson process, the ombudsperson will inform him/her of the formal procedures, and will explain the options available to him/her.

7) If the complainant is not satisfied with the outcome, he/she may take the matter through the appropriate formal investigation procedures.

b. Formal procedures: Formal procedures may be initiated by the aggrieved person or an administrative official of the University subsequent to the failure of informal efforts to resolve the problem. A formal complaint of sexual harassment or other forms of discriminatory personal behavior may be initiated by any student, faculty member, employee, or patient either in lieu of informal efforts or where informal efforts have failed.

6. Investigation prior to formal action

a. A complainant wishing to make a formal complaint and have it pursued should file it with the office of affirmative action, which will consult with the appropriate dean or administrative officer to determine the method by which the investigation will be conducted.

b. The purpose of the investigation is to establish whether there is a reasonable basis for believing that the alleged violation of this policy has occurred. In conducting the investigation, the appropriate administrator will be assisted by no more than three persons who may interview the complainant, the accused, and other persons believed to have pertinent factual knowledge. At all times, the administrator conducting the investigation will take steps to ensure discretion by all participants.

c. The investigation will afford the accused a full opportunity to respond to the allegations after the accused has reviewed the written allegations.

d. Possible outcomes of the investigation are:

1) a judgment that the allegations are not warranted;

2) a negotiated settlement of the complaint;

3) institution of formal action described in succeeding sections of this policy.

7. Process of taking formal action

a. Formal action regarding complaints about sexual harassment will be taken by one of the following individuals:

1) If the accused is a faculty member, graduate assistant, or employee responsible to an academic administrator, formal action will be taken by the dean of the school of the accused or by the dean's designee.

2) If the accused is an employee of a nonacademic unit of the University, formal action will be taken by the supervisor who makes decisions about the employment status of the accused.

3) If the accused is a student, formal action will be taken by the dean of the school in which the student is enrolled, or by the dean's designee.

b. If, after reviewing the report of the investigation, the appropriate administrative official as described in subsection 7(a) concludes that there is a reasonable basis for believing that the alleged violation of this policy has occurred and a negotiated settlement cannot be reached, a formal action will be taken.

8. Formal action

Except as specifically modified by other provisions of this policy, formal action involving allegations of:

a. violations of this policy by faculty members will be taken by the dean of the school employing the accused faculty member and will be governed by the procedures for discipline and severance set forth in the Faculty Handbook;

b. violations of this policy by staff members in academic units of the University will be taken by the dean of the school employing the staff member and will be governed by the procedures for discipline and severance set forth in the Staff Handbook;

c. violations of this policy by an employee of a nonacademic unit of the University will be taken by the administrator who makes decisions about the employment status of the accused and will be governed by the procedures for discipline and severance set forth in the Staff Handbook;

d. violations of this policy by students, including graduate assistants, will be governed by the disciplinary procedures of the Student Handbook.

A report of the final outcome of the formal action will be submitted in writing to the office of affirmative action, the complainant, and the accused.

9. Protection of complainant and others

a. Investigations of complaints will be initiated only with the complainant's consent. The complainant will be informed fully of steps taken during the investigation.

b. All reasonable action will be taken to assure that the complainant and those testifying on behalf of the complainant or supporting the complainant in other ways will suffer no retaliation as the result of their activities in regard to the process. Steps to avoid retaliation might include:

1) lateral transfers of one or more of the parties in an employment setting and a comparable move if a classroom setting is involved, and

2) arrangements that academic and/or employment evaluations concerning the complainant or others be made by an appropriate individual other than the accused.

c. In extraordinary circumstances, after reviewing the allegations and interviewing the accused, the complainant, and, if it seems appropriate, some other relevant persons, the administrator taking formal action may, at any time during or after an investigation of a sexual harassment complaint, suspend the accused if the administrator finds that it is reasonably certain that:

1) the alleged sexual harassment has occurred;

2) serious and immediate harm will ensue if the accused is not suspended.

10. Protection of the accused

a. At the time the investigation commences, the accused will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations.

b. In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the accused if it was damaged by the proceeding.

c. A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to University discipline.

11. Protecting both parties

a. To the extent possible, the proceedings will be conducted with appropriate discretion to protect the interests of both parties.

b. After the investigation, the parties will be informed of the facts developed in the course of the investigation.

c. The parties will be informed within thirty (30) days about the outcome of the proceedings.

12. Education as a key element of University policy

Educational efforts are essential to the establishment of a campus environment that is as free as possible of sexual harassment. There are at least four goals to be achieved through education:

a. ensuring that all victims and potential victims are aware of their rights;

b. notifying individuals of conduct that is proscribed;

c. informing administrators about the proper way to address complaints of violations of this policy;

d. helping educate the insensitive about the problems this policy addresses.

13. Preparation and dissemination of information

The office of the chancellor is charged with distributing copies of this policy to all current members of the University community and to all those who join the community in the future. An annual letter from the office of affirmative action will be sent to all faculty and staff to remind them of the contents of the sexual harassment policy, including the provisions added to it by this policy. A copy of the sexual harassment policy will be included in student, faculty, and employee orientation materials. In addition, copies of that policy will be made continually available at appropriate campus centers and offices.

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