|
Student Handbook: Sexual Harassment
STANDARDS OF CONDUCT
SEXUAL HARASSMENT POLICY
As an institution devoted to learning, openness, and
the life of the mind, Wesleyan’s character as a community is measured in part by the
kind of human relationships we build and sustain within this small but complex place. We
flourish together to the degree that we practice the virtues of mutual respect, generosity,
and concern. Accordingly, it is vitally important that we resist discrimination in all of
its forms. Wesleyan must not, and will not, tolerate discrimination of any kind. Nor will we
permit harassment or abuse in any form.
Connecticut state law declares harassment of
employees to be an unfair employment practice. Furthermore, the guidelines of the Federal
Equal Employment Opportunity Commission concerning discrimination on the basis of
sex affirm 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. It is also imperative for us to realize that sexual
harassment of students is an illegal form of sex discrimination under Title IX of the 1972
Education Amendments in that it constitutes differential treatment on the basis of
sex. Title IX applies to any educational program or activity that receives federal funds and
protects both employees and students. 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.)
The University will address any grievance alleging
discrimination and take corrective action as appropriate. Sexual harassment, abuse, and
all forms of discrimination are abhorrent to the values and mission of Wesleyan
University and will not be tolerated. Wesleyan is determined to create and preserve an
environment that respects and protects the human dignity of each member of this
community.
As described below, the University will address any
concern or complaint alleging sexual harassment and take corrective action as
appropriate.
SEXUAL HARASSMENT CONCERNS AND COMPLAINTS
This section identifies administrators who have the
authority and responsibility for making certain that sexual harassment concerns or
complaints against a member of the Wesleyan community over whom the administrator has some
jurisdiction are dealt with fairly and promptly and that the rights of everyone involved
are protected. A faculty or staff member who prefers, however, may bring a sexual harassment
concern or complaint to the attention of a different administrator. For example:
• A student may prefer to discuss a concern about
sexual harassment with, and seek counsel from, the dean of the college or a class
dean, regardless of whom the concern is about.
• Similarly, a staff member may prefer to discuss
a concern about sexual harassment with, and seek counsel from, the director of human
resources, regardless of whom the concern is about.
This section also identifies formal procedures that
are available for processing sexual harassment complaints. Attempts to resolve sexual
harassment concerns or complaints informally, however, are encouraged. Experience has
demonstrated that most sexual harassment concerns or complaints, whether perceived
or real, can be resolved by prompt, nonlegalistic intervention. Frequently, the problem
ends once the person whose conduct has offended someone is made to realize that this is
the case.
A. MAKING A SEXUAL HARASSMENT COMPLAINT AGAINST A
STAFF MEMBER
A sexual harassment complaint against a staff member
may be submitted orally or in writing to any of the following:
• The staff member’s supervisor
• The department head
• The director of affirmative action
• The director, or an associate director, of human
resources
The director of human resources should be notified
of any sexual harassment complaint against a staff member that is submitted to one of
the above officials and is responsible for ensuring that an appropriate investigation takes
place and that the director of affirmative action is consulted during the investigation.
At any time either before or after submitting a
sexual harassment complaint to one of the above officials, the complainant may also file a
formal complaint pursuant to the complaint resolution procedure described in the Administrative
Staff Manual.
B. MAKING A SEXUAL HARASSMENT COMPLAINT AGAINST A
FACULTY MEMBER
A sexual harassment complaint against a faculty
member may be made orally or in writing to any of the following:
• The department chair
• The dean of the division
• The vice president for academic affairs
• The director of affirmative action
The vice president for academic affairs should be
notified of any sexual harassment complaint against a faculty member that is submitted
to one of the above officials and is responsible for ensuring that an appropriate
investigation takes place and that the director of affirmative action is consulted during the
investigation.
At any time either before or after submitting a
sexual harassment complaint to one of the above officials, the complainant may also submit a
formal complaint to the Faculty Committee on Rights and Responsibilities pursuant to
the procedures described in the Faculty Committee on Rights and Responsibilities
(see page 115). As these procedures provide, "The Faculty Committee on Rights and
Responsibilities has exclusive jurisdiction to hear formal complaints and make recommendations
to the president in disciplinary cases brought against members of the faculty where
dismissal or some other substantial sanction is contemplated."
C. MAKING A SEXUAL HARASSMENT COMPLAINT AGAINST A
STUDENT
A sexual harassment complaint against a student may
be made orally or in writing to any of the following:
• The dean of the college
• A class dean
• The director of affirmative action
The dean of the college should be notified of any
sexual harassment complaint against a student member that is submitted to one of the above
officials and is responsible for ensuring that an appropriate investigation takes
place and that the director of affirmative action is consulted during the investigation.
At any time either before or after submitting a
sexual harassment complaint to one of the above officials, the complainant may also submit a
formal complaint to the Student Judicial Board pursuant to the procedures described in the
Student Handbook.
D. MAKING A SEXUAL HARASSMENT COMPLAINT AGAINST
SOMEONE WHO DOES BUSINESS WITH THE UNIVERSITY
A sexual harassment complaint 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. SEXUAL HARASSMENT COMPLAINTS AND CONFIDENTIALITY
The University is required by University policy and
the law to conduct a prompt and impartial investigation of sexual harassment
complaints. Strict confidentiality of sexual harassment complaints cannot, therefore, be
guaranteed. Information in a sexual harassment complaint will be disclosed, however, only to the
extent necessary to conduct an appropriate investigation, and otherwise will be kept
confidential.
F. 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.
G. EXTERNAL COMPLAINTS
The University reserves the right to terminate its
processing of a formal sexual harassment complaint if the complainant submits the complaint
to an external agency.
|
