Purpose

To define and provide procedures for addressing claims of sexual harassment, and to clarify the position of the University with respect to sexual harassment.

Policy Guidelines

1. Sexual harassment is a form of sex discrimination and is prohibited by Title VII of the Civil Rights Act of 1964, as amended.
   
2. University employees have the right to enjoy a workplace free from all forms of harassment, including sexual harassment. Accordingly, the University is committed to creating and maintaining a community in which students, faculty, and staff can work together in an atmosphere free of all forms of harassment, exploitation or intimidation.
   
3. The University is strongly opposed to sexual harassment and will take whatever action is necessary to prevent, correct, and, if necessary, discipline behavior that violates this policy.
   
4. Sexual harassment can be a grievous action having serious and far-reaching effects on the careers and lives of individuals. False accusations can have a similar impact. Thus, the charge of sexual harassment is not to be taken lightly by a charging party, a respondent, or any other member of the University community.

Definition

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Some examples of when such behavior will be considered a violation of University policy are when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, or
• Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting an individual (i.e., denial of pay increase, withholding of grades, promotion, transfer, leave of absence, imposing disciplinary action, promising to withhold disciplinary action, etc.), or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or creating an intimidating, hostile or offensive working or academic environment.

Applicability

All employees and students of the University are protected under the terms of this policy. Any employee or student may raise the issue or file a complaint of sexual harassment.

Student Complaint Procedure

Students who believe that they have been sexually harassed in violation of the University's policy should notify the Counseling Supervisor in Rouppe House on the St. Thomas campus or the University Counselor in the Student Affairs Office on the St. Croix campus.

In the event that a complaint is found to be valid, action will be taken through appropriate University channels to rectify the situation and to ensure that such incidents do not occur in the future.

Student Appeal Procedure

If a student complainant or respondent is not satisfied with the disposition of the claim against a fellow student harasser, an immediate appeal may be made to the Vice President for Student Affairs. The appeal procedure will follow the same procedures outlined in the Student Handbook. In cases where an employee is the harasser, the appeal will follow the procedures outlined for employees in this policy.

Employee Complaint Procedure

1. Employees who believe that they have been sexually harassed in violation of the University's policy should notify the Equal Employment Opportunity (EEO) Officer immediately.
   
2. The EEO Officer will review the claim immediately and inform the Human Resources Manager and the Vice President who has authority over the respondent that an investigation is underway.
   
3. The EEO Officer will investigate the complaint and within five (5) working days, forward a report and recommendation for action to the Human Resources Manager and the appropriate Vice President.
   
4. Within five (5) working days from receipt of the EEO Officer's report, the Vice President who has authority over the respondent will review and investigate the charge and, after conferring with the Human Resources Manager, shall determine the disposition of the claim, and notify the charging party, the respondent, the EEO Officer and the Human Resources Manager.
   
5. In the event that a complaint is found valid, action will be taken through appropriate channels of the University to rectify the situation and to ensure that such incidents do not occur in the future.

Employee Appeals

If either the complaining party or the respondent is not satisfied with the disposition of the claim, an immediate appeal may be made. The following procedures should be followed:

1. Within five (5) days after receiving the notice of disposition, the appellee must submit a written notice of appeal to the Chairperson of the Personnel Review Committee. The notice of appeal should include a statement explaining the nature of the complaint, the grounds upon which the appeal is being made, and if applicable, the remedy being sought. The appellee may request a hearing before the Review Panel if he or she so desires.
   
2. The Chairperson of the Personnel Review Committee will convene a hearing, if requested, within twenty (20) working days from the date of its receipt of the notice of appeal. If no hearing is requested, the Review Panel will review and investigate the notice of appeal and make a recommendation within seven (7) working days from the date of receipt of the notice of appeal.
   
3. The recommendation of the Committee along with it's findings will be forwarded to the President for a final determination.

Disciplinary Actions
The University's primary interest regarding students and employees is to provide a healthy and productive working and learning environment that is free from all forms of sexual harassment. Students or employees who violate the University's sexual harassment policy will be subject to disciplinary action.

The severity of the disciplinary action (s) taken will depend upon the circumstances surrounding each individual case. The following types of actions may be taken when sexual harassment is reported and disciplinary action is warranted:

1. Verbal Warning
2. Written Warning
3. Final Warning/Disciplinary Probation
4. Disciplinary Suspension
5. Discharge

Other action may be mandated depending upon the circumstances of the individual case.

Assistance in Handling Sexual Harassment

The primary role of the designated University staff is to see that the institution responds promptly and fairly to the complaining party's charges. However, it is not necessary for a student or employee to file a formal complaint in order to receive assistance if they feel they are being sexually harassed. The EEO officers and counselors designated by the University can offer several types of assistance. These individuals will provide counseling, advice, and support, and depending upon the circumstances, assist the employee or student in resolving the problem with the harasser. These same personnel will also assist the complainant in filing a formal complaint, if that is their desire.

Confidentiality
Because of the seriousness of issues related to sexual harassment and since all students, faculty and staff are entitled to "due process," it is important that all options for resolution be explored in an expeditious and professional manner. All consultations will be conducted at the strictest level of confidentiality.

Access to the investigative and grievance proceedings and associated documents will be restricted to the charging party, the respondent, and those immediate persons involved in resolving the complaint.

Protection from Reprisal

Every effort will be made to protect the charging party from reprisals and to protect the respondent from irresponsible complaints.