Sexual Harassment Policy

Definition   Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or written communication of a sexual nature is sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational experience; (2) submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic performance, participation in extracurricular activities, or creating an intimidating, hostile, or offensive working or learning environment.

Sexual harassment can take many forms, and the determination of what constitutes sexual harassment will vary according to the particular circumstances. Sexual harassment may be described generally as unwelcome sexual behavior that a reasonable person would find offensive and that adversely affects the working or learning environment. Sexual harassment may involve behavior by a person of either gender against a person of the same or opposite gender. Possible examples may include but are not limited to the following:

• Seeking sexual favors or relationships in return for the promise of a good grade or other academic opportunity;
• Conditioning an employment-related action (such as hiring, promotion, salary increase, or performance appraisal) on a sexual favor or relationship; or
• Intentional and undesired physical contact, sexually explicit language or writings, lewd pictures or notes, and other forms of sexually offensive conduct by individuals in positions of authority or co-workers, that unreasonably interferes with the ability of a person to perform his or her employment or academic responsibilities.

Educational Programs

1. Educational efforts and training programs are essential to the establishment of an environment that is as free as possible of sexual harassment. Education and training serve the following purposes: (a) ensuring that all victims and potential victims of sexual harassment are aware of their rights; (b) notify all members of the University community of conduct that is proscribed; and (c) informing members of the University community about the proper procedure to address sexual harassment complaints.
2. It is the responsibility of the Office of Equal Opportunity Programs (Office of EOP) to provide educational and training programs that will assist members of the University community in understanding what sexual harassment is and is not, and that sexual harassment is illegal and will not be tolerated. Specifically, the Office of EOP will distribute copies of this policy to all schools, departments, and programs at the University, and present periodic workshops and seminars. The Office of EOP will also make available in its own offices, and at other offices to which victims of sexual harassment would be likely to go for counseling and advice, a brochure that explains in simple, comprehensible terms the University's policies and procedures concerning sexual harassment.
3. It shall be the responsibility of managers, supervisors, deans, and department heads to ensure that employees under their direction or supervision are informed of this policy. Student affairs administrators are responsible for providing this information to the student body.

Procedures for Processing Sexual Harassment Complaints

1. The Office of EOP is the University office responsible for accepting and processing sexual harassment complaints. Managers, supervisors, deans, and department heads should notify the Office of EOP when they receive complaints. Investigations will be conducted as promptly and in as confidential a manner as possible.
2. The procedure used by the Office of EOP for processing sexual harassment complaints is described in the document entitled "Discrimination Complaint Procedures." Note: (1) Federal and state law and University policy prohibit any form of retaliation against a person who files a discrimination complaint; (2) disciplinary action for sexually harassing behavior may include any and all of the following: a verbal or written warning, requirement to write a letter of apology, requirement to seek counseling and/or training, suspension or dismissal.
3. Student complaints of sexual harassment by other students are covered by certain provisions of the Standards of Conduct administered by the University Judiciary Committee (UJC) of the University's Judicial System. The Office of EOP, however, will handle student complaints related to the conduct of professors and teaching assistants, and other employees of the University.

Revised September, 1993

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