Please consult the University of Iowa's Policy on Sexual Harassment. Copies are available upon request from the Office of Equal Opportunity and Diversity.

I. What Is Sexual Harassment?

A. The University of Iowa Policy on Sexual Harassment defines sexual harassment as persistent, repetitive or egregious conduct directed at a specific individual or group of individuals that a reasonable person would interpret, in the full context in which the conduct occurs, as harassment of a sexual nature, when:

1) submission to such conduct is made or threatened to be made explicitly or implicitly a term or condition of an individual's employment, education, on-campus living environment, or participation in a University activity;

2) submission to or rejection of such conduct is used or threatened to be used as a basis for a decision affecting employment, education, on-campus living environment, or participation in a University activity; or

3) such conduct has the purpose or effect of unreasonably interfering with work or educational performance, or of creating an intimidating or offensive environment for employment, education, on-campus living, or participation in a University activity.

B. Conduct that may be evidence of sexual harassment may include:

1) Physical assault;

2) Direct or implied threats that submission to sexual advances will be a condition of, or that failure to submit to such advances will adversely affect, employment, work status, promotion, grades, letters of recommendation, or participation in a University activity;

3) Direct propositions of a sexual nature;

4) Subtle pressure for sexual activity, an element of which may be repeated staring;

5) A pattern of sexually explicit statements, questions, jokes or anecdotes;

6) A pattern of conduct involving:

a) Unnecessary touching;

b) Remarks of a sexual nature about a person's clothing or body; or,

c) Remarks relating to sexual activity or speculations concerning previous sexual experience;

7) A display of graphic sexual material (not legitimately related to the subject matter of a course if one is involved) in a context where others are not free to avoid the display.

C. Facts about sexual harassment:

Sexual harassment is a violation of Title VII of the Civil Rights Act, Title IX of the Education Amendments, and Chapter 216 of the Iowa Code. While over 90 percent of reported harassment is committed by men, women may also commit harassment. University policy prohibits sexual harassment whether it occurs between individuals of the opposite sex or of the same sex.

II. The Supervisor or Administrator's Role in Responding to Sexual Harassment

A. The University's Policy on Sexual Harassment states:

Any academic or administrative officer of the University who becomes aware of specific and credible allegations of sexual harassment, whether through the report of a complainant (including a third party*) or otherwise, shall promptly report the allegations to the Office of Equal Opportunity and Diversity … for assistance in evaluating the situation and determining an appropriate course of action, even if the alleged victim has requested that no action be taken.

*Please note that the Policy now allows complaints to be brought by victims, third party complainants, or by the University itself.

B. The following individuals are academic or administrative officers:

any collegiate dean, any faculty member with administrative responsibilities at the level of Departmental Executive Officer (DEO) or above, or a student's advisor; the Director of Affirmative Action, any Vice President, or the Provost, or that person's designee; any director or supervisor; any human resources representative.

C. Report to the Office of Equal Opportunity and Diversity (EOD)

1) Initial Contact. The initial contact with EOD may be made by phone (voice 335-0705; text 335-0697). An EOD staff member will discuss the situation with the caller and help formulate a plan regarding appropriate steps. If an incident occurs at a time when an EOD staff member is not available (for instance during evening or weekend hours), the officer is responsible for taking reasonable steps to stop any inappropriate behavior until an EOD staff member is available for consultation.

2) Report Form. After the initial consultation with the EOD, the officer must complete the EOD's Report of Informal Sexual Harassment Complaint (pdf 100k) and submit it to the EOD as soon as is reasonably possible. If the person accused was informed of the complaint, then the parties' names must be reported on the form. If the person accused was not informed of the complaint, then the parties' names must not be reported on the form.

The information reported will be treated confidentially by the Office of Equal Opportunity and Diversity. The Office of Equal Opportunity and Diversity will use this information to fulfill its monitoring responsibilities. A brief summary of the outcome of reported cases is printed annually for statistical purposes in the Office of Equal Opportunity and Diversity's Annual Report of Complaints and Inquiries, but does not identify the parties to the complaint or the department or college involved.

D. Confidential Resources Available to Complainants and/or Victims

The following offices are available to provide confidential consultation and information regarding sexual harassment and the University's Policy on Sexual Harassment: the Office of the Ombudsperson (for faculty, staff, or students); Faculty and Staff Services (for faculty or staff); University Counseling Service (for students); Women's Resource and Action Center (for faculty, staff, or students); Rape Victim Advocacy Program (for faculty, staff, or students).

These offices will not report information or allegations of sexual harassment to the EOD or any other University administrative office.

E. Informal and Formal Complaints

There are two different complaint options available under the Policy on Sexual Harassment: informal and formal. An informal complaint may be brought to any academic or administrative officer, and any department may handle that informal complaint with the guidance of the Office of Equal Opportunity and Diversity. (See Section C above.) The goal of the informal process is to resolve the situation and stop any inappropriate behavior that is occurring. Normally, disciplinary action cannot be taken as a result of an informal complaint unless the person charged in the complaint has been informed of the existence of the complaint and has been given an opportunity to respond to the allegations.

A formal complaint must be brought to the Office of Equal Opportunity and Diversity for investigation. A written finding will be issued after the investigation is completed, and will state whether or not the evidence provides reasonable grounds to believe that the University's Policy on Sexual Harassment has been violated.

F. Responding to the Complainant:

1) Inform the complainant of your role. When a person presents a potential sexual harassment concern or complaint, inform the person that you have a responsibility to report such matters within the University and to take appropriate action to address the situation. If the person wishes to maintain confidentiality at this point, refer him or her to the confidential resources listed above. If the person wishes to proceed with a complaint, please proceed as follows.

2) Inform the complainant of complaint options. Inform the person of his or her complaint options under the University Policy on Sexual Harassment. Those options include confronting the harasser verbally or in writing, bringing an informal complaint to any academic or administrative officer (listed above), or bringing a formal complaint to the Office of Equal Opportunity and Diversity. A formal complaint consists of a formal investigation and a written finding.

3) Ask the complainant the following questions, listen attentively, and document the complainant's responses. If the complainant is a third party complainant, the following questions are to be asked relative to the complainant's perception of the victim's experience. Following the discussion with the third party complainant, the victim should be invited to speak directly as to his or her own experience.

• What happened?
• Did it affect your work, education, on-campus living environment, or participation in a University activity?
• What were your feelings about it?
• Did you respond in any way?
• What is the background of the incident?
• Do you have documentation?
• Were there witnesses to the incident?
• Did you discuss the incident with anyone else?
• Do you know if the person has harassed anyone else? If so, who?
• Do you know what your options are? [Inform complainant/victim of complaint options.]
• From your perspective, how could this situation best be resolved?

4) Report the situation to the Office of Equal Opportunity and Diversity as outlined above.

5) After consulting with the Office of Equal Opportunity and Diversity, if the complainant/victim wishes to resolve the matter informally, respond to the complaint as warranted. If an investigation is necessary to resolve the informal complaint, you should :

a) Discuss the allegations with the person accused. An informal complaint may be handled without releasing the victim or complainant's name if that person so desires, unless circumstances require releasing the name. The Office of Equal Opportunity and Diversity can assist in determining whether the name may remain undisclosed. Document the discussion. Also inform the person accused that any retaliation against the complainant or witnesses is prohibited by the Policy on Sexual Harassment and the Anti-Retaliation Policy (see II-11 University Operations Manual), and will result in disciplinary action.

b) Talk with others who might have witnessed the incident or who might have relevant knowledge of the situation. Document those conversations.

c) Evaluate the allegations based upon information you gain, your knowledge of the individuals involved, and your observations about the attitudes and behaviors exhibited in the workplace or academic environment.

d) Consult the Office of Equal Opportunity and Diversity and the Policy on Sexual Harassment for assistance in evaluating the incident or deciding on an appropriate resolution, disciplinary action, or problem-solving action.

e) Discuss your assessment of the situation with the individuals involved, keeping in mind the confidentiality requirements concerning disiplinary or corrective measures taken. Discuss expectations for work performance and interaction. Document these discussions and decisions.

f) Inform the Office of Equal Opportunity and Diversity as to the resolution of the complaint.

g) The complaint should be resolved as soon as reasonably possible. If it cannot be resolved within 30 days, then the complainant should be informed of the delay and reasons therefore. In any event, keep both parties informed throughout the investigation.

6) Handle the investigation and resolution confidentially. Only those persons who need to know the information in order to bring about a resolution should be informed.

7) If sexual harassment is found to have occurred, take appropriate corrective action promptly. Consult with the Office of Equal Opportunity and Diversity for guidance. Disciplinary action may only be imposed if the person charged in the complaint was informed of the complaint and given an opportunity to respond to the allegations.

III. Modeling Appropriate Behavior

A. Pay attention to how others respond to what you do and say.

B. As a supervisor, do not assume that individuals who work for you will tell you if they are offended—or harassed—by what you say or do. Remember that your employees may be putting up with unwanted behavior simply because you are the "boss."

C. Don't assume that your co-workers or employees enjoy comments about their appearance, hearing sexually-oriented jokes or comments, or being touched, stared at, or propositioned.

D. Think about the impact of what you do and say on another person's attitudes toward work, job performance, and self-esteem.

E. Talk to your partner, family members, or close friends about experiences they might have had with sexual harassment, and consider the vulnerability, powerlessness, or anger they experienced as victims.

F. Remember that sexual harassment is against the law. Both institutions and individuals may be held liable for sexual harassment.

G. Provide educational opportunities for your staff. Educational efforts are essential to the establishment of a campus milieu that is free of sexual harassment. The Office of Equal Opportunity and Diversity provides educational programs and materials on sexual harassment prevention to individuals and units throughout the campus. For more information or to schedule a staff program, call 335-0705 (voice) or 335-0697 (text).

IV. If You Are A Victim of Sexual Harassment

A. Recognize sexual harassment when it happens. Understand that it is not your fault and that it neither "comes with the job" nor is "part of the educational process."

B. Don't ignore the offensive behavior. The behavior probably will not change if you ignore it without taking further action.

C. One option is to talk to the harasser. Tell him/her that you find the behavior offensive. Describe how the sexual harassment negatively affects your work, education, on-campus living environment, or participation in a University activity.

D. Put your objections to the sexual harassment in writing, send a letter to the harasser, and keep a copy in your file.

E. Document all sexual harassment incidents or conversations about the incidents. Record the date, time, place, people involved, and who said what to whom. Consider keeping two sets of your documentation for your files.

F. Don't encourage harassers by smiling, laughing at their jokes, or "flirting back." This type of response can lead a harasser to mistakenly think you enjoy this type of attention.

Remember that you always have the option of bringing a complaint to any of the following resources:

• Office of Equal Opportunity and Diversity, 202 JH, 335-0705 (voice) 335-0697 (text)
• Associate Vice President for Finance and Operations and Director of Human Resources, 121 USB, 335-3558
• Vice President for Student Services and Dean of Students, 249 IMU, 335-3557
• Associate Provost for Faculty, 111 JH, 335-3565
• UI Human Rights Committee, 335-3557

You also may speak confidentially to any of the following resources:

• Office of the Ombudsperson, C108 SSH, 335-3608
• Faculty and Staff Services 121-50 USB, 335-2085
• University Counseling Service, 3223 WL, 335-7294
• Women's Resources and Action Center, 130 N. Madison St., 335-1486
• Rape Victim Advocacy Program 320 LSB, 335-6001

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Office of Equal Opportunity and Diversity 202 Jessup Hall Iowa City, Iowa 52242-1316, (319) 335-0705 (voice), (319) 335-0697 (text ), e-mail diversity@uiowa.edu