Sexual Harassment & Complaint Procedure Sexual harassment is against the law. It is prohibited in the University community by Title VII of the 1964 Civil Rights Act, Executive Order 11246, Title IX of the Educational Amendments of 1972, and Indiana Civil Rights Law. Moreover, Guidelines on Sexual Harassment, published by the Equal Employment Opportunity Commission in 1980, and case law developing in the courts continue to define and refine what constitutes sexual harassment; what responsibilities attached to perpetrators, employers, and supervisors; and what remedies are available to victims.
IUPUI Policy applies to:
University faculty, staff, and students.
Policy:
Indiana University-Purdue University Indianapolis (IUPUI) does not tolerate sexual harassment of students, employees, or guests of the University and responds to every complaint, providing proper remediation when harassment is determined.
This policy serves to support the University's commitments to the principles of equal educational and employment opportunities for all persons and to positive action toward the elimination of discrimination in all aspects of university life. top
Provisions:
All members of the University, including employees, students, and guests have the right to raise the issue of harassment and are protected by faculty and staff personnel policies, student codes, and the University's Equal Opportunity Policy. Sexual harassment can be a grievous action having serious and far‑reaching effects on the careers and lives of individuals. False accusations can have similar impact. Thus, the charge of sexual harassment is not to be taken lightly by a charging party, a respondent, or any other member of the University community.
Sexual harassment is a specific form of sex discrimination. This form of discrimination usually occurs when the power inherent in a faculty member or supervisor's relationship to his or her students or subordinates is unfairly exploited. While sexual harassment most often takes place in a situation of power differential between persons involved, this policy also recognizes that sexual harassment may occur between persons of the same university status, i.e., student-student, faculty-faculty, or staff-staff.
The university's mission is promoted professionalism in faculty-student and supervisor-employee relationships. Professionalism is fostered by an atmosphere of mutual trust and respect that is diminished when those in positions of authority abuse or appear to abuse their power. Consenting amorous or sexual relationships between faculty members and students for whom they have professional responsibility (either instructional or non-instructional) are viewed as violations of the university's "Code of Academic Ethics." While not expressly forbidden, such relationships between supervisors and employees are deemed very unwise and can lead to charges of sexual harassment.
The Affirmative Action Office (AAO) is vested with the responsibility to ensure university compliance with the policy. In the performance of that responsibility, the AAO serves the university in the following manner. The AAO provides information, education, and training on university policies and procedures regarding sexual harassment; serves as a resource to those who may be affected by sexual harassment, investigates and resolves all complaints of sexual harassment, and undertakes action necessary to eliminate offensive behavior. Justice requires that the rights and concerns of both the complainant and respondent be fully assured. The AAO makes every effort to protect these rights, and to assure that no action is undertaken that threatens or compromises them.
Prevention is the best tool for the elimination of sexual harassment. In this regard, each dean, director, department chairperson, and/or administrative officer is responsible in his/her area of jurisdiction for the implementation, dissemination, and explanation of this policy. It is the obligation of each faculty, staff, or student member of the university to adhere to this policy. top
Definition:
In accordance with the US Equal Employment Opportunity Commission guidelines, the "IUPUI Sexual Harassment Policy" defines sexual harassment as follows:
Unwelcome sexual advances or requests for sexual favors and other verbal or physical conduct of a sexual nature that constitutes sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education, or
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or
- Such conduct has the effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or learning environment. top
Examples:
Many types of conduct, stemming from unwanted sexual attention, may constitute sexual harassment. Following are some illustrations of the range of behaviors characteristic of sexual harassment.
Unwanted propositions for sexual favors, particularly when accompanied by threats of retaliation or promises of special consideration
- Physical assault
- Unwanted propositions or invitations for dates
- Sexually explicit statements, questions, jokes, anecdotes, pictures or graffiti
- Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, or letter of recommendation
- Offensive gender-based personal remarks, including verbal, written, graphic, computer generated or e-mail communications
- Unnecessary touching, patting, hugging, or brushing against a person's body
- Patterns of conduct causing the person to whom it is directed to feel humiliated, demeaned or uncomfortable, including remarks of a sexual nature about a person's clothing or body, remarks about sexual activity, or speculations about previous sexual experience. top
Complaint Procedures:
Within a reasonable time, faculty, staff, or students who feel that they have been sexually harassed should notify one of the following: their supervisor, an academic or student services dean, or an official and/or the affirmative action officer. Complaints received by administrators or supervisors should be forwarded to the Affirmative Action Office for investigation and resolution. The affirmative action officer can be contacted in the
Administration Building (AO127)
355 N. Lansing St., Indianapolis, IN
VOICE (317) 274-2306 or TDD (317) 278-2200.
Within fourteen days of receipt of a formal written complaint, the Affirmative Action Officer shall proceed with conducting an investigation of the complaint for the purpose of affecting a resolution. Because of the sensitive and discriminatory nature of the charges of sexual harassment, complaint procedures will include the following principles and guidelines:
- A direct personal interview will be held with the complainant or victim for the purposes of completing a "Formal Complaint Form," and to gather specific information detailing the nature of the allegations.
- Efforts will be made to restrict information regarding complaints to the complainant, the accused party, and those persons directly involved in the resolution of the matter.
- All records, memoranda, correspondence, and other information/materials related to complaint investigations conducted by the IUPUI Affirmative Action Office shall be retained for a period of no less than three years.
- Complaint investigations will be conducted as promptly as possible, and results will be reported in writing to the complainant and those persons party to the resolution of the matter.
- If a complaint is found to be valid, action will be taken through appropriate channels of the University to rectify the situation and to reasonably ensure that such incidents do not occur in the future. University complaint channels for appeal will be open to either the complainant or the accused party.
- University policy prohibits retaliation against an individual because of the filing of a complaint, or cooperating with a complaint investigation. Such incidents will be considered seriously and action will be taken expeditiously to prevent such conduct. top
Legal Basis For Implementing A Sexual Harassment Policy:
- Title VII of the 1964 Civil rights Act, as amended, prohibits sex discrimination in all employment matters, i.e., hiring, promotions, training, etc.
- Title IX of the Education Amendments of 1972, prohibits sex discrimination in education programs and/or activities receiving Federal financial assistance.
- Executive Order 11246 specifies, in part, that government contractors and subcontractors "will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin" and that said contractor "will take affirmative action" to ensure that applicants are employed and that employees are treated without regard to these factors. top
Definitions:
- Sexism is an attitude. An attitude of a person of one sex that he or she is superior to a person of the other sex.
- Sex discrimination is a behavior. With respect to employment activity, sex discrimination occurs when employment decisions are based solely on the gender of an applicant or employee or when an employee is treated differently than other employees of the opposite gender.
- Sexual harassment is a behavior. It is defined as unwelcome behavior of a sexual nature.
- Sex-based harassment is a behavior. It is defined as any conduct that is denigrating, ridiculing or abusive in nature and directed only toward individuals of the opposite gender. top
Categories of Sexual Harassment (EEOC Guidelines):
- Quid pro quo harassment - when an individual's term or condition of employment is explicitly or implicitly based on submission to unwelcome sexual conduct.
- Environmental harassment - unwelcome sexual conduct that unreasonably interferes with an individual's job performance or creates an intimidating, hostile or offensive working environment. top
Intent vs. Impact:
To determine if your behavior could be unwelcome to another person, remember that the recipient of the behavior, not the person doing the behavior, decides what is “unwelcome”. Therefore, it is the impact of the behavior, not the intent of the person who did the behavior that determines whether sexual harassment has occurred. top
Self Assessment Questions (Is my behavior welcomed?)
- Would I want any of my behaviors to be the subject of an article in my organization's newsletter or an item appearing on the evening news?
- Is there equal power between myself and the person with whom I am interacting?
- Would I behave the same way if the person with whom I have a relationship were standing next to me?
- Is there equal initiation and participation between myself and the person with whom I am interacting? top
Examples of Sexual Harassment - Evaluating Your Environment
- Is the language or jargon used in your work area derogatory or offensive to women?-men?
- Are sexually suggestive visuals such as posters, calendars, cartoons, etc. displayed in your work area?
- Are sexually oriented comments shared among the employees in your work area?
- Are sexually suggestive or obscene letters, notes, cards, photographs, magazines, etc. circulated among employees in your work area?
- Do some employees in your work area unnecessarily touch or hug other employees?
- Is undue attention or subtle pressure for sexual favors directed at any employee or group of employees in your work area?
- Do some employees in your work area experience unwanted and deliberate physical advances such as pinching, hugging fondling, or kissing?
- Do employees ask unwanted personal questions about one another's social or sexual experiences or tell lies and spread rumors about another individual's personal sex life in your work area?
- Do some employees in your work area make kissing, howling, whistling, and/or smacking sounds or make sexual gestures with their hands or through body movements?
- Do some employees stand too close or brush up against other employees or touch and rub themselves sexually when in the presence of other employees?
- Do some employees in your work area make sexual comments about the clothing, anatomy and/or looks of others?
- Do some employees in your work area refer to adult females as girls, dolls, babes, honey, toots, etc.?
(from IUPUI Affirmative Action Office) top
How to Stop Unwanted Sexual Attention
- State and repeat your objections to the offending behavior. It is not necessary to explain or justify why you want the person to stop.
- Talk to your supervisor.
- Write a letter to the sexual harasser and include the following:
a. description of the unwelcome behavior
b. the time the behavior occurred
c. the fact that you want it to stop
d. a warning that if the behavior does not stop, you will take further action
e. your signature and date.
f. make a copy of the letter and give it to the harasser in front of a witness.
4. Contact the Affirmative Action Office. top
Responding to Sexual Harassment
TELL SOMEONE! It is better to talk to someone about an uncomfortable situation than to keep it a secret. Talk to a trusted friend, to a counselor, an advisor or the Affirmative Action Officer.
HANDLING IT YOURSELF!
- Keep a written account of what is happening, including dates and details of your own behavior and efforts to stop the harassment.
- Write a letter to the offending person telling that person to stop. In the letter, include a description of the behavior and how you feel as a result of it, and ask the harasser to stop. Keep a copy of the letter.
- Talk directly to the offending person and ask that person to stop. Bring someone else along for support.
IF YOU WITNESS SEXUAL HARASSMENT! Think about how you can respond to the situation to ensure a good learning environment for yourself and everyone else. Let the harasser know how witnessing harassment makes you feel.
COUNSELING/ADVICE! If you feel uncomfortable about a situation or are unsure about how to interpret or handle a situation that you are experiencing, there are places you can go or call on campus. The information you provide people in these offices will be kept confidential unless you give them your permission to speak to someone else about your situation.
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IUPUI Counseling Center (Non-Academic)
Union Building, Room 330
620 Union Drive
317-274-2548 |
IUPUI Affirmative Action Office
Administration Building, AO 127
355 N. Lansing St.
317-274-2306 |
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