Sexual Harassment Policy:

Sexual harassment violates federal civil rights laws and University nondiscrimination policy. USP is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace and students can engage fully in the learning process. Toward this end, all members of the University community (including faculty, staff and students) must understand that sexual harassment will not be tolerated, and that they are required to abide by the following policy.

Sexual Harassment Defined:

Sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) and through the courts. There are two broad categories of prohibited harassment, "quid pro quo" and "hostile environment" sexual harassment, as defined below:

Quid Pro Quo Sexual Harassment;

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by one in a position of power or influence constitutes "quid pro quo" sexual harassment when:

submission by an individual is made either an explicit or implicit term or condition of employment or of academic standing, or

submission to or rejection of such conduct is used as the basis for academic or employment decisions affecting the employee or student.
As defined here, "quid pro quo" sexual harassment normally arises in the context of an authority relationship. This relationship may be direct as in the case of a supervisor and subordinate or teacher and student, or it may be indirect when the harasser has the power to influence others who have authority over the victim.

Hostile Environment Sexual Harassment;

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "hostile environment" sexual harassment when such conduct is directed toward an individual because of his or her gender and has the purpose or effect of:

creating an intimidating, hostile, or offensive work or academic environment, or unreasonably interfering with another's work,or academic performance. Generally, a single joke, offensive epithet, or request for a date does not constitute hostile environment sexual harassment; however, being subjected to such jokes, epithets, or requests repeatedly may constitute hostile work environment.

In determining whether alleged sexual harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered. Facts will be judged on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of any individual.

In cases of alleged sexual harassment, the protections of the First Amendment must be considered if issues of speech or artistic expression are involved. Free speech rights apply in the classroom and in all other educational programs and activities of the University. Great care must be taken not to inhibit open discussion, academic debate, and expression of personal opinion, particularly in the classroom. Nevertheless, speech or conduct of a sexual or hostile nature, which

occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited sexual harassment if it meets the definition of sexual harassment noted above, and:

is reasonably regarded as nonprofessional speech (i.e., advances a personal interest of the faculty member as opposed to furthering the learning process or legitimate objectives of the course), or lacks accepted pedagogical purpose or is not germane to the academic subject matter.

Complaint Procedures:

The University is committed to maintaining a community free of sexual harassment or sexual assault, but it can only address incidents of which it is aware. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior.

Anyone may seek advice, information, or counseling on matters related to sexual harassment or sexual assault without having to lodge an informal or formal grievance. If you feel you are being harassed, or are uncertain whether what you are experiencing is sexual harassment or sexual assault, or if you desire information about your options, you are encouraged to talk with the University resources described in the next section.

To encourage individuals to come forward, the University provides various channels of communications,

information, and both formal and informal grievance resolution procedures. No matter which process you select, your complaint will be taken seriously with appropriate action taken.

You may choose to first address your concern directly to the offender. This is an option you may choose, but it is not a necessary step before filing a complaint. You should tell or otherwise inform (by writing a letter or via e-mail) the offender that the conduct is unwelcome and must stop. If the behavior does not immediately cease, use the informal or formal complaint process described below. In some circumstances this direct course of action may not be feasible, may be unsuccessful, or the individual may be uncomfortable dealing with the matter in this manner.

Confidentiality

The University will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved, and to ensure that both the complainant and the accused are treated fairly. Information about individual complaints and their disposition are considered confidential and will be shared only on a "need to know" basis.

Retaliation

Retaliation against anyone who reports or provides information about sexual harassment, or behavior that might constitute sexual harassment, is strictly prohibited. Any act of reprisal, including internal interference, coercion, and restraint, by a University employee (or by anyone acting on behalf of the University), violates this policy and will result in appropriate disciplinary action.

This sexual harassment policy will not, however, be used to bring frivolous or malicious complaints against students, faculty and other employees. If a complaint has been made in bad faith, as demonstrated by clear and convincing evidence, disciplinary action may be taken against the person bringing the complaint.

Reporting Channels

This section identifies the resources available to you if you feel you have been the victim of sexual harassment or sexual assault. If you believe that you have been subjected to harassment in your academic, work or campus living environment, contact the Affirmative Action Officer as soon as possible following he incident. A report will not be investigated if more than six months has passed since the time of the incident.

Responsibilities of Supervisory Personnel
All members of the University community have a general responsibility to contribute to a University environment that is free of sexual harassment. Supervisory personnel, however, have additional responsibilities to take all appropriate steps to prevent and stop sexual harassment in their departments. Supervisory personnel who are contacted by an individual seeking assistance, or who wishes to file a complaint about sexual harassment, must assist the complainant in contacting the appropriate official identified below.

Student Complaints

Students with complaints of sexual harassment should contact any one of the individuals listed below. This complaint may concern another student, faculty member, graduate assistant or staff member. Student complaints should be addressed to:

Affirmative Action Officer: Dean of Students: Aminta Breaux, x8529
Director of Student Life: Len Farber, x1192

Students participating in field placements, or other academic experiences in settings off campus, may also report complaints of sexual harassment to the University faculty or staff member who is responsible for providing their supervision.

Employee Complaints

Employees (faculty and staff) should report complaints of sexual harassment to the University's Affirmative Action Officer, Sara Gallagher,at x7510.

The University resource person listed above will discuss available options under the sexual harassment policy with the complainant, and other relevant considerations such as:

the details of the formal and informal complaint process, the issues involved
possible resolutions provisions in the policy for protection of the complainant's interest (e.g., confidentiality, protection against retaliation) Once the complainant has been fully advised of his/her rights, the individual may then decide whether to:do nothing (rarely recommended)
take personal action (such as a letter or e-mail to the alleged harasser)

request an informal resolution;

request a formal investigation and resolution of the complaint Complaint Process

Individuals who wish to lodge a complaint of sexual harassment may do so either through an informal process or a formal process, as described below.

Informal Complaint Process

The intent of the informal complaint process is not to determine whether there was intent to harass, but to ensure that the alleged offending behavior ceases and that the matter is resolved promptly. Intent is not generally relevant to defense of sexual harassment behaviors.

No disciplinary action it taken in resolving informal complaints. Hence, informal complaint procedures should not be used for severe cases of sexual harassment, nor should they be used when the alleged harasser has been the subject of a previous formal complaint. If the complainant chooses, he/she may at any time prior to resolution of the informal complaint amend the informal complaint to a formal complaint.

In severe cases of sexual harassment/sexual assault or instances involving a repeated offender, the University may conduct a University-generated investigation if there is sufficient reason to believe that sexual harassment/sexual assault could have or does exist.

The University's Affirmative Action Officer will meet with the complainant, and document his/her request to resolve the matter in an informal fashion and the suggestions for a resolution. The complainant will confirm through writing and signed document that they have chosen to resolve the situation through the informal process and understand that this does not include disciplinary action.

Some informal actions that may be appropriate are:

Write a confidential letter to the alleged harasser informing him/her of the problematic behavior, the resulting impact on the writer, and what the writer wants next, for example "I want the behavior stopped".

Request that a workshop be conducted for the department.

Conduct a counseling session with the alleged offender.

Meet with the alleged offender and the Affirmative Action Officer to explain the complainant's feelings and the University's policy. Possible outcomes of an informal process include:

The complaint is resolved to the satisfaction of both parties.
Complaint not resolved: In cases where resolution of the complaint is not possible, the Affirmative Action Officer will advise the complainant of the option to file a formal complaint,

Formal Complaint Process

The filing of a written complaint form is required for the matter to be formally investigated and a determination made about whether a violation of the University policy prohibiting sexual harassment has occurred. In a formal complaint process an investigation will be conducted. Both the complainant and the accused will be questioned, as will any witnesses who are identified by either party. All formal complaint investigations are conducted by the Affirmative Action Officer in a full, impartial, and timely manner. To the extent possible, complaints will be handled confidentially, with the facts made available only to those who have a compelling need to know for purposes of investigation, resolution, or legal compliance.

All documentation regarding the investigation will be kept in a confidential file by the Affirmative Action Officer. The individual who filed the complaint will be kept informed of the status of the investigation.

The specific issues to be investigated include, but are not limited to:

The specific relationship of the accused to the complainant (e.g., professor-student, student-student, supervisor-employee, employee-student, etc).

Whether the specific conduct has occurred and constitutes sexual harassment,

the type(s) of conduct,

frequency of occurrence date(s) on which, or time period over which, the conduct has occurred, location of alleged occurrences,

factual circumstances upon which the complaint is based,

The effect of the accused's conduct on the complainant, including any consequences that may be attributed to the conduct

Whether the accused is aware of the complainant's concerns

The names of witnesses having factual knowledge of the circumstances surrounding the complaint

Whether any prior steps were taken to resolve the complaint

Whether there are any additional resources that may be helpful in resolving the complaint

If it is determined through this investigative process that a violation of the University's sexual harassment policy has occurred, the University will take prompt and responsive action, including (but not limited to) counseling, a warning, censure, probation, suspension, termination of employment, or expulsion of a student.

Student may take advantage of confidential counseling services available through Student Counseling & Health Services. Faculty and staff may take advantage of the University's confidential Employee Assistance Program (EAP) by calling the toll-free number (888)427-5821.