HARASSMENT OF EMPLOYEES AND STUDENTS Update Delete

Purpose

The university recognizes and respects the interests of its employees and students in maintaining a work environment in which all individuals are treated with respect and dignity. The university provides and enforces an employment policy designed to promote a work environment which prohibits discriminatory practices, including harassment based on an individual’s race, color, religion, sex, national origin, age, or disability. Therefore, the Human Resource Department will provide training for prevention of unlawful discrimination and harassment.

Policy

Harassment of any employee or student by another employee, supervisor or non-employee working at the university, such as a vendor or contractor, is strictly prohibited and will not be tolerated. To that end, the university has established a procedure for employees to report claims of harassment. All reported allegations of harassment will be promptly and thoroughly investigated, and appropriate action will be taken against employees and non-employees (where feasible) determined to have engaged in conduct in violation of this policy.

The conduct prohibited under this policy as harassment includes unwelcome sexual advances, requests for sexual favors, same-sex or same-race discrimination or harassment, and other verbal, visual or physical conduct based upon an individual’s race, color, religion, sex, national origin, age or disability. Such conduct violates this policy if:

1. Submission to the conduct is made either explicitly or implicitly a term or condition of the individual’s employment;
2. Submission to, acquiescence in, or rejection of such conduct is used as a factor in employment decisions regarding the individual (e.g. demotion, promotion, compensation, etc.); or
3. The conduct shows hostility because of a personal characteristic of the employee or his/her relatives, friends, or associates and the conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or of creating an intimidating, hostile, or offensive work environment, or otherwise adversely affects the employee’s employment opportunities.

Examples of conduct which may constitute sexual harassment include, but are not limited to, verbal or visual harassment or abuse (e.g., degrading sexual comments, unwelcome propositions and sexually offensive jokes, materials and tricks), unwelcome requests for sexual favors or activity, inappropriate touching of a sexual or abusive nature (e.g., pinching, hugging, kissing or brushing against another individual’s body) or a suggestion, threat or action that makes the affected individual’s employment or benefits subject to submission to sexual demands, harassment or sexually offensive conduct.

Examples of conduct that may constitute harassment on account of race, color, religion, national origin, age, or disability include, but are not limited to, slurs or epithets, threats, demeaning or degrading comments about an individual’s appearance, denying an employee the opportunity to participate in training or education, limiting opportunities for promotion, transfer or advancement, requiring a protected employee or student to perform more difficult tasks or less desirable work assignments in order to force them to retire or resign from employment, intimidation, or hostile acts based on a personal characteristic, any written material or pictures that show hostility or aversion toward an individual or group that are placed on walls, bulletin boards, or elsewhere on university property or are circulated in the workplace.

Procedure

1. Individual Responsibilities:
   1. Refrain from all forms of harassment at all times.
   2. While the university encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome and should be stopped immediately, the university also recognizes that power and status disparities between an alleged harasser and an employee or student may make such confrontation ineffective, futile, or impossible. In the event that direct, informal communication between individuals is ineffective, futile, or impossible, then the individual who believes that he or she has been the victim of harassment should report the conduct to:
      1. The employee’s supervisor; or
      2. The department director; or
      3. Human Resources associate vice president.

      Incidents of suspected harassment should be reported as soon as possible, preferably within 48 hours, so that a prompt investigation can be undertaken by the university. If the complaint involves a direct supervisor, the employee should go directly to the department manager or Human Resources associate vice president. The initial report should be followed by a written statement describing the incident and identifying potential witnesses.

      Employees who are aware of incidents of potential workplace harassment toward others are to report such incidents to their department director or Human Resources associate vice president.

2. Supervisor Responsibilities:
   
   

   If you observe harassing conduct, advise the offending individual to stop immediately, explaining what the conduct is and how it is offensive. Document the occurrence and notify the Human Resources associate vice president. If a supervisor is uncertain as to whether observed conduct is prohibited harassment, the supervisor should contact the Human Resources associate vice president for assistance in deciding whether to take action.

   
   

   If you are a supervisor and an employee or student reports harassing conduct to you which is or you believe might be prohibited harassment promptly notify the Human Resources associate vice president and request that the employee or student document the complaint in writing.

3. The Human Resources associate vice president will thoroughly and objectively investigate all reported allegations of harassment. In determining whether the alleged conduct occurred and, if it did, whether it constitutes harassment in violation of this policy, the university will examine the totality of the circumstances. A determination regarding the violation of this policy will be made from the facts of a particular situation, on a case-by-case basis. The Human Resources associate vice president may enlist the assistance of outside resources in conducting the investigation and in making the determination.
4. Upon a determination by the Human Resources associate vice president that the reported conduct occurred and that it constituted harassment in violation of this policy, the university will take appropriate corrective action(s) against the offending employee such as:
   1. Written warning;
   2. Referral to counseling;
   3. Probation, with a warning of suspension or termination for continuing or recurring offenses;
   4. Suspension with or without pay; and/or
   5. Termination.
5. The university will keep all information obtained in connection with a report or investigation of alleged harassment confidential; provided, however, the Human Resources director may disclose information to those individuals inside and outside the university whom they reasonably believes have a need to know the information in connection with the investigation, correction, or prevention of harassment in the workplace.
6. While the university urges individuals to report harassment, unfounded allegations can irreparably harm an employee’s reputation and limit his/her ability to fulfill job responsibilities. Employees or students who bring malicious, spiteful, false allegations of harassment will be subject to disciplinary action.