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ACADEMIC POLICIES & PROCEDURES

General Policies

Sexual Harassment Policy

Statement of Policy

The Board and the university affirm their commitment to ensuring an environment for all employees and students which is fair, humane, and respectful – an environment which supports and rewards employee and student performance on the basis of relevant considerations such as ability and effort. Sexual harassment by any member of the university community, including students, faculty and staff, is a violation of both law and Board policy, and will not be tolerated. Sexual harassment is a particularly sensitive issue that may affect any member of the university community and as such will be dealt with promptly and confidentially by the university administration. The Board reserves the right to deal administratively with sexual harassment issues whenever it deems it appropriate to do so.

Definition of Sexual Harassment

Sexual harassment shall be defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature in the following context:

  1. when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic standing, or
  2. when submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or
  3. when such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

Conduct prohibited by this policy may include, but is not limited to:

  1. unwelcome sexual flirtation; advances or propositions for sexual activity;
  2. continued or repeated verbal abuse of a sexual nature, such as suggestive comments and sexually explicit jokes;
  3. sexually degrading language to describe an individual;
  4. remarks of a sexual nature to describe a person’s body or clothing;
  5. display of sexually demeaning objects and pictures;
  6. offensive physical contact, such as unwelcome touching, pinching, brushing the body;
  7. coerced sexual intercourse or sexual assault;
  8. actions indicating that benefits will be gained or lost based on response to sexual advances.

Retaliation

Threats or other forms of intimidation or retaliation against complaining witnesses, other witnesses, any reviewing officer, or any review panel shall constitute a separate violation of this policy which may be subject to direct administrative action.

Sanctions

Violations of this policy may result in disciplinary action taken by the appropriate authority. Sanctions may range from reprimands to suspension, expulsion or termination. Sanctions shall be based upon the facts and circumstances of each case and shall be in accordance with the terms and guidelines of the applicable campus complaint procedures.

Complaint Process

Complaints alleging violation of the sexual harassment policy will be reviewed and investigated by the appropriate university office. Complaints may be resolved informally or may proceed through the applicable formal complaint proceedings. Complaints may be filed in the following manner:

  1. Complaints against students or student organizations shall be filed with the Affirmative Action Office (AAO) for review and investigation. The AAO, or its designee, may assist in the informal resolution of the complaint or in processing a complaint through the applicable campus procedures.
  2. Complaints against faculty or staff shall be filed with the Affirmative Action Office. The AAO or its designee may assist in the informal resolution of the complaint or in processing a formal complaint through the applicable campus procedures for faculty and staff.
  3. Complaints against visitors or guests should be directed to the university police office on the campus where the incident occurred.

Consensual Relationship Policy

  1. Rationale
    1. The University’s educational mission is promoted by professionalism in faculty-student relationships. Professionalism is fostered by an atmosphere of mutual trust and respect. Actions of faculty members and students that harm this atmosphere undermine professionalism and hinder fulfillment of the University’s educational mission. Trust and respect are diminished when those in positions of authority abuse, or appear to abuse, their power. Those who abuse, or appear to abuse, their power in such a context violate their duty to the University community.
    2. Faculty members exercise power over students, whether in giving them praise or criticism, evaluating them, making recommendations for further studies or their future employment, or conferring any other benefits on them. Amorous relationships between faculty members and students are wrong when the faculty member has professional responsibility for the student. Such situations greatly increase the chances that the faculty member will abuse his or her power and sexually exploit the student. Voluntary consent by the student in such a relationship is suspect, given the fundamentally asymmetric nature of the relationship. Moreover, other students and faculty may be affected by such unprofessional behavior because it places the faculty member in a position to factor or advance one student’s interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors. Therefore, the University will view it as unethical if faculty members engage in amorous relations with students enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship.
    3. As with faculty, staff may also be in a position to exert authority and control over students. Staff, too, must be conscious of the potential for abuse of power inherent in their relationships with students. Students rely on staff for assistance and guidance in dealing with issues such as scheduling of classes, financial aid, tutoring, housing, meals, employment, educational programs, social activities, and may other aspects of University life. Those who deal with students are expected to provide them with support and positive reinforcement. Staff who would deal with students in a sexual manner abuse, or appear to abuse, their power and violate their duty to the University community.
  2. Definitions
    1. As used in this policy, the terms "faculty" or "faculty member" mean all those who teach at the University, and include graduate students with teaching responsibilities and other instructional personnel. The terms "staff" or "staff members" mean all employees who are not faculty, and include academic and non-academic administrators as well as supervisory personnel. The term "consensual sexual relationship" may include amorous or romantic relationships, and is intended to indicate conduct that goes beyond what a person of ordinary sensibilities would believe to be a collegial or professional relationship.
  3. Policy
    1. Faculty/Student Relationships
      • Within the Instructional Context – It is considered a serious breach of professional ethics for a member of the faculty to initiate or acquiesce in a sexual relationship with a student who is enrolled in a course being taught by the faculty member or whose academic work (including work as a teaching assistant) is being supervised by the faculty member.
      • Outside the Instructional Context – Sexual relationships between faculty members and students occurring outside the instructional context may lead to difficulties. Particularly when the faculty member and student are in the same academic unit or in units that are academically allied, relationships that the parties view as consensual may appear to be exploitative. Further, in such situations the faculty member may face serious conflicts of interest and should be careful to distance himself/herself from any decisions that may reward or penalize the student involved. A faculty member who fails to withdraw from participation in activities or decisions that may reward or penalize a student with whom the faculty member has or has had an amorous relationship will be deemed to have violated his/her ethical obligation to the student, to other students, to colleagues, and to the University.
    2. Staff/Student Relationships
      • Consensual sexual relationships between staff and students are prohibited in cases where the staff member has authority or control over the student. A staff member who fails to withdraw from participation in activities or decisions that may reward or penalize a student with whom the staff member has or has had an amorous relationship will be deemed to have violated his/her ethical obligation to the student, to other students, to colleagues, and to the University.
    3. Complaint Procedure
      • Complaints alleging a violation of the Consensual Sexual Relationships Policy shall be handled in accordance with the grievance procedure established for complaints under the University’s Sexual Harassment Policy.