Human Resources: Sexual Harassment Policy and Procedures

Unwelcomed sexual advance, request for sexual favors, and other verbal or physical conduct constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, (2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or learning performance or creating an intimidating, hostile, or offensive work or learning environment.

Procedures for Sexual Harassment Policy Enforcement

Complaint
Complaints of sexual harassment should be brought to the Director of Human Resources (D-HR). In the case of a complaint involving the University President, such a complaint should be brought to the Chairman or Vice Chairman of the University's Board of Regents. (If the complaint is brought by a student, the student may bring the case to the D-HR or any one of the following: Provost; Vice President for Student Services; Vice President for Financial Affairs; Dean of College of Arts and Sciences; Dean of School of Business Administration; Dean of School of Education; Dean of School of Engineering; Dean of Graduate School; or the Dean of the School of Nursing (Vice President or Dean). Any complaint received by a Vice President or Dean shall be forthwith referred to the D-HR.)

The Complaint shall be in the form of a written statement that sets forth the name of the individual alleged to have committed an act of sexual harassment (the Respondent) and a description of the conduct comprising the alleged harassment. The Complaint shall be signed and dated by the Complainant.

Within two (2) days of receiving the Complaint, the D-HR shall give the Respondent a copy of the Complaint. The Respondent shall have three (3) days from receipt of the Complaint to provide a written Response. The D-HR shall review the Complaint and Response and, if warranted, initiate an investigation into the matter. Any such investigation shall be conducted by the D-HR or by a person designated by the D-HR. The investigation may include interviewing the parties, obtaining statements from witnesses and gathering evidence.

Within fifteen (15) days of receipt of the Complaint, the D-HR shall issue a Report of Findings (Report) to the parties. The Director of Personnel may include in the Report a recommendation for a voluntary resolution of the Complaint. If the Complainant and the Respondent accept the recommended voluntary resolution, the matter shall be closed. The D-HR may review any action items identified in the resolution to see that they are carried out. If a voluntary resolution is not recommended, or the Complainant or Respondent reject the proposed voluntary resolution, a Hearing shall be held. The decision of the Complainant and Respondent to accept the voluntary resolution, or to reject it and proceed to a Hearing, shall be communicated in writing and received by the D-HR within five (5) days of the date of the Report.

Hearing
The D-HR in consultation with the President shall initiate the Hearing proceedings by selecting a Vice President or Dean (as previously referred to) to serve as the hearing officer within five (5) days. A copy of the Complaint, Response, and the Report will be provided to the hearing officer within three (3) days of receipt of the request for a hearing. The hearing officer shall conduct the hearing within fifteen (15) days of receipt of the Complaint, Response, and Report. The hearing officer shall notify the Complainant and Respondent in writing of the date and time of the hearing. The Notification of Hearing to the Complainant and Respondent shall advise them that they are entitled to be accompanied at the hearing by a member of the University who may assist them throughout the proceeding.

Within ten (10) days of the conclusion of the hearing the hearing officer shall issue a written Decision. The Decision shall set forth the findings of the hearing officer as to whether the Respondent has or has not committed an act of sexual harassment. If the hearing officer finds that no act of sexual harassment has been committed, the Complaint shall be dismissed. If the hearing officer finds an act of sexual harassment has been committed, the hearing officer shall recommend to the appropriate Vice President disciplinary action to be imposed upon the Respondent.

The Complainant or Respondent may appeal any aspect of the Decision to the President of the University. The Notice of Appeal shall be in writing, shall set forth the matter(s) the appealing party seeks to be reviewed and shall be received by the President within ten (10) days of the date of the Decision. Otherwise the case shall be considered closed.

Determination by the President
The President shall be provided the Complaint, Response, Report and written decision of the hearing officer. The President may affirm, deny, or reverse the Hearing Decision. The President shall, within fifteen (15) days, notify the parties in writing of the Determination of the Appeal. The Determination of the Appeal by the President shall be the final decision in all respects relating to the Decision of the Hearing Officer.

Confidentiality/Non-retaliation/Scope/Calculation of Times
The proceedings provided for herein shall be confidential.

No person shall be discharged, discriminated against, or looked upon unfavorably in any manner by the University as a result of initiating a complaint under this policy.

These procedures for enforcement of the University's sexual harassment policy are for complaints brought by a University employee, person working for the University under contract or a student against a co-employee, co-worker or student, unless the complaint is one of a student against a student, in which case the process outlined in the Student Handbook under the heading University Policies and Community Standards shall control.

All times indicated shall be computed on the basis of the University workday and exclusive of official school holidays. Extension of time may be permitted by mutual consent of the parties and with the approval of the D-HR.

Amendments
These enforcement procedures may be amended from time to time by the Vice Presidents with the approval of the President.