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POLICY ON
DISCRIMINATION AND HARASSMENT
Wesleyan is an institution devoted to learning, openness,
and the life of the mind; it follows that its character can be measured in part
by the kind of human relationships built and sustained within this small but complex
environment. The community itself will flourish only to the degree that the
virtues of mutual respect, generosity, and concern for others are maintained.
It is vitally important, therefore, that harassment and discrimination in all
their forms not be tolerated.
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Discriminatory Harassment
A.
Sexual Harassment
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Addressing Complaints of Discriminatory Harassment
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Making a Complaint Against a Staff Member
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Making a Complaint Against a Faculty Member
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Making a Complaint Against a Student
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Making a Complaint Against Someone Who Does Business
with the University
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Complaints by Campus Visitors
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Investigations of Complaints and Confidentiality
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Supervisory Training
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Non-Discriminatory Harassment
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Questions
Responsibility to Report
I. Discriminatory Harassment
Harassment of employees that can be construed as
discriminatory violates state and federal law. The courts and the Equal
Employment Opportunity Commission interpret federal civil rights laws to
prohibit harassment based on race, gender, religion, national origin, age,
disability, or any other protected class. The University is required to act
promptly so as to assure that if such harassment is, in fact, occurring, or has
occurred, the problem will be dealt with effectively. The University itself
prohibits any form of harassment based on race, color, religion, gender,
disability, age, veteran status, sexual orientation, ancestry, national origin,
gender identity, gender expression, or any other class protected by applicable
law. All complaints will be taken seriously and investigated as appropriate.
The totality of the circumstances and the context in which the behavior is
alleged to have occurred will be considered in determining whether this policy
has been violated. This approach is intended to ensure the protection of
academic freedom. Wesleyan will not tolerate retaliation against individuals
bringing a complaint or participating in an investigation. The ultimate
responsibility for maintaining an environment free of discrimination,
harassment, and retaliation rests with the University. (Non-discriminatory
harassment is treated in Section V below.)
Sexual Harassment
Sexual harassment is a form of discriminatory harassment
occurring within an employment or educational context that federal and state
law addresses with very specific provisions. In cases where sexual harassment
is alleged, the University has a duty to act promptly, so as to assure that if
such harassment is, in fact, occurring or has occurred, the problem is dealt
with and further harm is prevented.
The guidelines of the Federal Equal Employment Opportunity
Commission concerning discrimination on the basis of sex define sexual
harassment of employees as a violation of Title VII of the Civil Rights Act of
1964 as amended. Those guidelines state:
Unwelcome
sexual advances, requests of sexual favors, and other verbal or physical
contact of a sexual nature constitute sexual harassment when (1) submission to
such conduct is made either explicitly or implicitly a term or condition of an
individual's employment, (2) submission to or rejection of such conduct by an
individual is used as the basis for employment decisions affecting such an
individual, or (3) such conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
Additionally, Title IX, which applies to any educational
program or activity that receives federal funds, protects both employees and
students from sexual harassment because it constitutes differential treatment
on the basis of sex. In an August 1981 policy memorandum, the Office of Civil
Rights (OCR) of the U.S. Department of Education reaffirmed its jurisdiction
over sexual harassment complaints under Title IX and adopted the following
working definition:
Sexual
harassment consists of verbal or physical conduct of a sexual nature, imposed
on the basis of sex, by an employee or agent of a recipient that denies,
limits, provides different, or conditions the provision of, aid, benefits,
services, or treatment protected under Title IX. (OCR Policy Memorandum, August
31, 1981)
II. Addressing Complaints of Discriminatory Harassment
The University will address any complaint alleging discriminatory
harassment, including sexual harassment, and will take corrective action as
appropriate.
Attempts to resolve concerns or complaints involving
discriminatory harassment informally are encouraged. Experience has shown that
most harassment concerns or complaints, whether perceived or real, can be
resolved by prompt action.
Any member of the Wesleyan community who becomes aware of
an incident that might create a discriminatory, hostile, or harassing working
or learning environment or believes that he or she is, or may have been, the
object of discriminatory harassment should report it to the appropriate person
listed below. All complaints will be investigated and handled in as
confidential a manner as possible.
Complaints may be adjudicated by different bodies,
depending on the nature of the complaint and the position of the individual
against whom a complaint has been made. Given the sensitive and often difficult
nature of bringing complaints or raising concerns regarding discriminatory
harassment, a student or member of the faculty or staff who prefers may bring a
harassment concern or complaint to the attention of an administrator different
from those listed below. For example, a student may prefer to discuss a concern
about harassment with, and seek counsel from, the Dean of the College or a
class dean, regardless of the position of the person alleged to be engaging in
harassment. Similarly, a staff member may prefer to discuss a concern about
harassment with, and seek counsel from, the Director of the Affirmative Action
or the Director of Human Resources, regardless of the position of the person
about whom the concern exists.
A. Making a Complaint Against a Staff Member
A complaint of discriminatory harassment against a staff
member may be made orally or in writing to any of the following:
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The staff member's
supervisor;
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The department or program
chair;
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The Director of Affirmative
Action; or
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The Director, or an Associate
Director, of Human Resources.
The Director of Human Resources should be notified of any
complaint of discriminatory harassment against a staff member that is submitted
to one of the above officials and is responsible for insuring that an
appropriate investigation takes place and that the Director of Affirmative Action
is consulted during the investigation.
B. Making a Complaint Against a Faculty Member
A complaint of discriminatory harassment against a faculty
member may be made orally or in writing to any of the following:
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The department or program
chair;
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The dean of the division;
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The Vice President for
Academic Affairs; or
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The Director of Affirmative
Action.
The Vice President for Academic Affairs should be notified
of any complaint alleging discriminatory harassment by a faculty member that is
submitted to one of the above officials and is responsible for insuring that an
appropriate investigation takes place and that the Director of Affirmative
Action is consulted during the investigation.
The Faculty Committee on Rights and Responsibilities may play
a role in cases of discriminatory harassment after the University has acted as
required by law, and is always involved when it is determined that the alleged
offense might result in dismissal or suspension without pay. Thus, in
circumstances in which a complaint of discriminatory harassment is made by or
against a faculty member, the procedures described under the Faculty
Committee on Rights and Responsibilities should also be consulted.
C. Making a Complaint Against a Student
A complaint of discriminatory harassment against a student
may be made orally or in writing to any of the following, depending on the
student's status:
-
The Dean of the College; the
Director of Graduate Studies; the Dean of Continuing Studies
- A class dean; or
- The Director of Affirmative
Action.
The appropriate dean or the Director of Graduate Studies
should be notified of any such harassment complaint against a student that is
submitted to one of the above officials and is responsible for insuring that an
appropriate investigation takes place and that the Director of Affirmative
Action is consulted during the investigation.
At any time after submitting a harassment complaint to one
of the above officials, the complainant may also submit a formal complaint to
the Student Judicial Board or the Graduate Judicial Board, pursuant to the
procedures described in the Student Handbook.
D. Making a Complaint Against Someone Who Does Business
with the University
A complaint of discriminatory harassment against someone
who does business with the University may be made orally or in writing to the
Vice President for Finance and Administration or the Director of Affirmative
Action.
E. Complaints by Campus Visitors
A visitor to Wesleyan's campus who feels he or she has
been subject to discriminatory harassment by a member of the Wesleyan
University community should direct a complaint to the Director of Affirmative
Action.
III. Investigations of Complaints and Confidentiality
When the University receives notice of conduct that appears
to be discriminatory harassment, it will promptly investigate the allegation in
a fair and expeditious manner. During an investigation, the person accused of
harassment will be informed of the substance of the complaint by the individual
conducting the investigation, who will give the accused person an opportunity
to respond. The person making the complaint or the person accused of such
harassment may seek the assistance of a counselor who is a member of the
Wesleyan community (faculty, administration, or staff), so long as the
investigation is not delayed. The counselor must agree to observe
confidentiality. In order to determine the facts and views of both parties, the
investigator may, as appropriate, conduct interviews with the complainant,
witnesses, and the accused party. When the investigation is completed, the
person making the complaint and the person alleged to have committed the
conduct will be informed, to the extent appropriate, of the results of the
investigation. It should be noted that this process may not be appropriate in
every circumstance and should be considered a flexible one that can be modified
to suit the situation, with advance notice to all parties.
Because the University is required by the law to conduct a
prompt and impartial investigation of complaints of discriminatory harassment,
strict confidentiality with respect to such harassment complaints cannot be
guaranteed.
IV. Supervisory Training
In accordance with Connecticut law, all faculty and staff
members who have supervisory responsibilities are required to attend a sexual
harassment prevention training program within six months of their assumption of
those responsibilities. This training should include guidance regarding the
investigation of sexual-harassment complaints.
V.
Non-Discriminatory Harassment
The University
also prohibits harassment not specifically based on a person's or persons'
membership in a protected category. Attempts to resolve concerns or complaints
involving non-discriminatory harassment informally are encouraged. If, however,
the complaint is not resolved informally, it may be adjudicated by different
bodies, depending on the nature of the complaint and the position of the
individual against whom a complaint has been made. Complaints regarding non-discriminatory
harassment by faculty, students, administrators, staff, vendors or visitors
should be directed to the Faculty Committee on Rights and Responsibilities, the
Student Judicial Board, the Graduate Judicial Board, the Office of Human
Resources, or the Office of Affirmative Action as appropriate.
VI. Questions
Any questions regarding this policy should be directed to
the Director of Affirmative Action.
