Sexual
Harassment and Other Prohibited Conduct
| Effective Date: |
08.04.2004 |
Revision Date: |
|
| Chapter Name: |
Employment
/ Affirmative Action |
Policy Number: |
3.1.8 |
| Policy Name: |
Sexual
Harassment and Other Prohibited Conduct |
| A
PDF version of this policy is available
via this link. |
UNIVERSITY POLICY STATEMENT
It is the policy of Eastern Michigan University
to provide an educational, employment, and business
environment free of unwelcome sexual advances, requests
for sexual favors, and other verbal or physical
conduct or communications constituting sexual harassment,
as defined and otherwise prohibited by state and
federal statutes. Sexual harassment is prohibited
at Eastern Michigan University. While sexual
harassment often takes place in relationships with
a power differential between the persons involved,
the University also recognizes that sexual harassment
may occur between persons in the absence of such
a relationship.
The sexual harassment of University faculty, staff
and students by non-University employees and guests
doing business or providing services on campus (for
example, contractors, vendors, delivery persons)
is also prohibited by this policy.
It is the policy of the University that no member
of the University community may harass another. Students
are entitled to learn in an academic environment
free of sexual harassment. However, conduct
and pedagogical techniques that reasonably serve
legitimate educational purposes do not constitute
harassment. In the educational setting within
the University, wide latitude for professional judgment
in determining the appropriate content and presentation
of academic material is required. Those participating
in the educational setting bear a responsibility
to balance their rights of free expression with
a consideration of the reasonable sensitivities
of other participants. Therefore, this policy
against harassment shall be applied in a manner
that protects academic freedom and freedom of expression,
including the expression of germane ideas, however
controversial, in the classroom setting, academic
environment, university-recognized activities, or
on the campus. Nothing contained in this policy
shall be construed to limit the legitimate exercise
of free speech, academic or artistic freedom, including
but not limited to written, graphic, or verbal expression
that serves legitimate educational or artistic purposes.
Sexual Harassment
Sexual harassment may take many forms – subtle
and indirect, as well as blatant and overt. It
may consist of repeated actions or may even arise
from a single incident if sufficiently extreme. The
victim as well as the harasser may be a woman or
man. The victim does not have to be of the
opposite sex.
Sexual harassment includes any behavior of a sexual
nature where:
- submission to such conduct is made,
either explicitly or implicitly, a
term or condition of an individual’s
employment, status in a course or
program, or participation in an activity;
- submission to, or rejection of such
conduct by an individual is used as
the basis for a decision affecting
an individual’s employment,
status in a course or program, or
participation in an activity; or
- such conduct is intended to or would
objectively be regarded by a reasonable
person as unreasonably interfering
with an individual’s work, academic
performance in a course or program,
or participation in an activity, or
of creating an intimidating, hostile
or offensive working or educational
environment.
Depending on the particular circumstances, sexual
harassment may include, but is not limited to, the
following:
- Physical assaults of a sexual nature,
such as rape, sexual battery, molestation,
or attempts to commit these assaults;
and intentional physical conduct that
is sexual in nature such as touching,
pinching, patting, grabbing, poking,
or brushing against another individual's
body.
- Offering
or implying an employment-related
reward (such as a promotion, raise, or different
work assignment) or an education-related
reward (such as a better grade,
a letter of recommendation, favorable
treatment in the classroom, assistance
in obtaining employment, grants
or fellowships, or admission to any educational
program or activity) in exchange for
sexual favors or submission to sexual
conduct.
- Threatening or taking a negative
employment action (such as termination,
demotion, denial of an employee benefit
or privilege, or change in working
conditions) or negative educational
action (such as giving an unfair grade,
withholding a letter of recommendation,
or withholding assistance with any
educational activity) or intentionally
making the individual's job or academic
work more difficult because sexual
conduct is rejected.
- The
use or display in the classroom or
workplace, including electronic, of pornographic
or sexually harassing materials such as posters,
photos, cartoons or graffiti without pedagogical
justification.
- Unwelcome
sexual advances, repeated propositions
or requests for a sexual relationship
to an individual who has previously
indicated that such conduct is
unwelcome, or sexual gestures, noises,
remarks, jokes, questions, or comments about
a person's sexuality or sexual experience. Such
speech or conduct must be directed against another
and either abusive or humiliating, or it must
persist despite the objection of the person targeted
by the speech or conduct. Such
conduct between peers must be sufficiently
severe, persistent, or pervasive that it creates
an educational or working environment that would
reasonably be perceived as hostile or abusive.
A single incident involving severe misconduct
may rise to the level of harassment.
Sexual harassment may occur within a variety of
relationships, including classroom situations involving
instruction. It may occur among peers. It
may occur where no relationship exists between the
parties other than the co-employee or co-student
relationship. Sexual harassment often occurs
where the relationship is characterized by an imbalance
of power and authority, including, without limitation,
faculty-student, staff-student, and supervisor-employee
relationships.
Consensual Sexual Relationships:
Professor and student:
The ideal professor demonstrates
respect for students as individuals
and serves as students’ mentor,
intellectual guide, and model of honest
academic conduct. The professor
acts to ensure academic evaluations
of students that reflect each student’s
true merit. He or she respects
the confidential nature of the relationship
between professor and student and
avoids all forms of exploitation,
harassment, and discriminatory treatment
of students.
Sexual relations (which include
contact of a sexual nature) or requests
for sexual relations between students
and faculty members with whom they
also have a current instructional
or evaluative relationship are fraught
with the potential for exploitation
and must be avoided, and are prohibited. The
respect and trust accorded a professor
by a student, as well as the power
exercised by the professor in an instructional
or evaluative role, make voluntary
consent by the student suspect. In
their relationships with students,
members of the faculty are expected
to be aware of their professional
responsibilities and to avoid apparent
or actual conflict of interest, favoritism,
or bias.
Supervisor and subordinate
employee:
Similar considerations apply to consensual sexual
relationships (which include contact
of a sexual nature) between supervisors and subordinate
employees. Such relationships are also fraught
with the potential for exploitation
and should be avoided. The power exercised
by a supervisor makes voluntary consent by the employee
suspect. In
their relationships with employees,
those in a position of authority are expected to
be aware of their professional responsibilities
and to avoid apparent or actual conflict of interest,
favoritism, or bias. When
a consensual sexual relationship develops
between adults, effective steps must be taken to
ensure unbiased evaluation and supervision of the
employee, and the supervisory employee has an obligation
to report the relationship to the appropriate supervisor
to ensure that such steps are taken. It is
a violation of this policy for a supervisory
employee who becomes involved in a sexual
relationship with a subordinate employee to fail
promptly to report the relationship to the appropriate
supervisor.
Definitions
Faculty, faculty member, or professor means
all who teach at the University and includes faculty
members, lecturers, staff members, graduate students
and teaching assistants, and other instructional
personnel. The term also includes faculty,
staff members, and graduate students whose duties
include supervision or evaluation of a student’s
academic work.
Position of Authority includes situations
in which one makes or is responsible for the instruction,
supervision, or evaluation of a student for coursework,
grades, grants, research funding, or other academic
work. The term also includes situations in
which one makes or is responsible for the supervision
or evaluation of an employee with respect to hiring,
performance, discipline, or termination.
Evaluative relationship means one in which
the faculty member or supervisor exercises judgment
in assessing a student’s or employee’s
skills, qualifications, or abilities for the purpose
of making such formal determinations as grades,
scholarship determinations, award designations,
and formal advisory recommendations.
Responses to Violations of Policies
Protection Against Retaliation
No individual involved in the complaint procedure
shall suffer retaliation as a result of such participation. Retaliation
exists when action is taken against a complainant
or participant in the complaint process which affects
his or her employment, academic, or business status
which is motivated in whole or in part by his or
her participation in the process. Retaliation
may be found even where the underlying complaint
is found to have no merit.
Disciplinary Actions for Violation
of the Sexual Harassment Policy
Faculty and staff/employees who violate this policy
are subject to disciplinary action, up to and including
discharge. Students who violate the policy
are subject to disciplinary action, up to and including
expulsion in accordance with the provisions of the
University’s Student Conduct Code. Guests
and other persons who violate the policy are subject
to corrective action, which may include removal
from campus and termination of contractual arrangements.
Malicious Allegations/Complaints;
False Information
Any individual who knowingly files a false complaint
under this policy, or who knowingly provides false
information to or intentionally misleads University
officials who are investigating a complaint, may
be subject to disciplinary and/or corrective action.
Confidentiality
To the extent permitted by law, the confidentiality
of each party involved in a sexual harassment investigation,
complaint, or charge will be observed, provided
it does not interfere with the University’s
ability to investigate the allegations or take corrective
action.
UNIVERSITY PRACTICE
The University’s policy on Sexual Harassment
and Other Prohibited Conduct is based on shared
values and collective responsibility to respect
all individuals who are part of the University’s
community or who participate in any way in our learning
environment. This policy also reflects the
University’s commitment to creating and maintaining
an environment that values diversity and is free
from conflicts of interest.
An employee, faculty member, or student who believes
that he/she is the victim of sexual harassment or
that the University’s policy on Sexual Harassment
and Other Prohibited Conduct has been violated may
seek information and assistance from the Office
of Diversity and Affirmative Action or the Office
of Student Judicial Services. If the employee, faculty
member, or student wishes to file a complaint, she/he
may take the following action(s):
- If the alleged harasser or violator
of this policy is an employee, faculty
member, or guest, the affected individual(s)
may contact the Office of Diversity
and Affirmative Action.
- If the alleged harasser or violator
of this policy is a student, the affected
individual(s) may contact the Office
of Student Judicial Services.
The University takes seriously and will investigate
all complaints made pursuant to its Sexual Harassment
policy. Individuals who are accused of violating
the University’s Sexual Harassment and Other
Prohibited Conduct policy will be provided with
the opportunity to hear and respond to the charges
made against them.
The University will employ generally accepted principles
of progressive discipline in regards
to any faculty member or other employee
who, following investigation and hearing, is found
by the University to have engaged in sexual harassment
warranting disciplinary action. Depending
on the circumstances of the particular case, disciplinary
action may warrant verbal warning, written warning,
suspension with or without pay, or, in the most
serious cases, termination of employment.
All members of the University community and guests
are responsible for knowing and understanding the
University’s Sexual Harassment and Other Prohibited
Conduct policy. Employees and faculty members who
do not understand the policy should contact their
department head or director. Department heads
or directors who need assistance in understanding,
interpreting, or applying the policy should contact
the Office of Diversity and Affirmative Action. Students
who do not understand the policy should contact
the Office of Student Judicial Services.
Copies of the policy and procedures will be posted
on the web sites of the Office of Diversity and
Affirmative Action, the Office of Student Judicial
Services, Human Resources, and the Office of the
Assistant Vice President for Academic Affairs. Written
copies of this policy will be available in bulk
for distribution in these offices and posted on
available bulletin boards. All department
heads will be supplied with written copies of this
policy in bulk and shall be required to post copies
on official bulletin boards.
RESPONSIBILITY FOR IMPLEMENTATION
The president of the University is responsible
for the overall implementation of this policy. The
president is authorized to adopt and implement appropriate
complaint and enforcement procedures. Each
vice president, dean, director, department head,
and other supervisory personnel has responsibility
for implementation of this policy within their areas
of responsibility. The director of diversity
and affirmative action, director of student judicial
services, executive director of human resources
and assistant vice president for academic affairs
are responsible for the administration and enforcement
of this policy.
SCOPE OF POLICY COVERAGE
This policy applies to all University
employees, faculty, students, and
other members of the University community
as well as contractors, consultants,
and vendors doing business or providing
services on campus.
| Authority
for Creation or Revision: |
| Minutes
of the Board of Regents: August 4, 2004, para.
.6297M. |
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