Note: Effective August 2013, this policy has been revised. For the most current version without redlining, return to II-4.
For additional policies and procedures that apply to sexual harassment involving students, see IV-2 Sexual Misconduct Involving Students, Including Sexual Assault and Sexual Harassment.
(2) Sexual harassment is especially serious when an instructor harasses a student or a supervisor harasses a subordinate. In such situations, sexual harassment unfairly exploits the power inherent in an instructor's or supervisor's position. However, while sexual harassment often takes place in situations where there is an abuse of a power differential between the persons involved, the University recognizes that sexual harassment is not limited to such situations. Sexual harassment can occur when a student harasses an instructor, when a subordinate harasses a supervisor, or between persons of the same University status.
(b) 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
(c) Such conduct has the purpose or effect of unreasonably interfering with work or educational performance, or of creating an intimidating or hostile environment for employment, education, on-campus living, or participation in a University activity.
(b) 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;
(c) Direct propositions of a sexual nature or persistent unwelcomed efforts to pursue a romantic or sexual relationship, including subtle pressure for sexual activity, an element of which may be repeated staring;
(d) A pattern of unwelcomed sexually explicit gestures, statements, questions, jokes, or anecdotes, whether made physically, orally, in writing, or through electronic media (see also II-19 Acceptable Use of Information Technology Resources);
(e) A pattern of unwelcomed conduct involving:
(ii) Remarks of a sexual nature about a person's clothing or body; or
(iii) Remarks relating to sexual activity or speculations concerning previous sexual experience; or
(iv) Stalking another person who reasonably perceives the stalker is pursuing a romantic and/or sexual relationship. Stalking of a sexual nature that is directed at a specific person that would cause a reasonable person to feel fear;
(4) Expression that constitutes a protected exercise of an individual's free speech rights under the First and Fourteenth Amendments to the United States Constitution shall not be deemed a violation of this policy.
(5) Isolated behavior of the kind described in II-4.1b(2) that does not rise to the level of sexual harassment but that, if repeated, could rise to that level, demonstrates insensitivity that may warrant remedial measures. Academic or administrative officers who become aware of such behavior in their areas should counsel those who have engaged in the behavior. Such counsel should include a clear statement that the behavior is not acceptable and should cease, information about the potential consequences if such behavior persists, and a recommendation, as appropriate, to undertake an educational program designed to help the person(s) understand the harm caused by the behavior.
(b) Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or above,
(c) Any staff member whose primary job responsibility is to provide advice regarding a student's academic pursuits or other University-related activities,
(d) Any faculty or staff member serving as departmental (or collegiate) director or coordinator of undergraduate or graduate studies, or as a director or coordinator of any departmental, collegiate, or University off-campus academic program (including any study-abroad program),
(e) The President, Director of Equal Opportunity and Diversity, Sexual Misconduct Response Coordinator, vice presidents (including assistant and associate vice presidents), and Provost (including assistant and associate provosts), and those persons' designees,
(f) Directors and supervisors in an employment context, including faculty and staff who supervise student employees, in relation to matters involving the employees they supervise (other than Department of Public Safety personnel when receiving criminal complaints or reports), and
(g) Human resource representatives (including all central University Human Resources staff).
(3) "Complainant": the person who makes a report or brings a complaint alleging unwelcomed sexual behavior or sexual harassment, who could be an alleged victim, a third party, or an academic or administrative officer of the University.
(4) "Graduate assistant": a graduate student employed by the University as a research assistant or teaching assistant.
(5) "Human resources representative": an individual designated as a unit's authority on human resource policies and procedures, and all central University Human Resources staff.
(6) "Instructor": a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a student's academic work.
(7) "Member of the University community": any University student, or faculty or staff member.
(8) "Protected interests": University employment, education, on-campus living, or participation in a University activity.
(9) "Respondent": a person who has been accused of unwelcomed sexual behavior or sexual harassment.
(10) "Specific and credible allegations": allegations that provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not have to be based on firsthand observation of events to be "specific and credible," but direct observation normally results in greater specificity and credibility than indirect knowledge.
(11) "Supervisor": a person who has authority either: 1) to undertake or recommend tangible employment decisions (those that significantly change an employee's employment status, such as, but not limited to, hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions) affecting an employee, or 2) to direct the employee's daily work activities.
(12) "Third-party complainant": a person who makes a report or brings a complaint alleging that someone else has been subjected to unwelcomed sexual behavior or sexual harassment.
(13) "Stalking" includes but is not limited to:
(b) Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a complainant;
(c) Monitoring online activities, surveillance, and other types of observation, whether by physical proximity or electronic means, attempts to gather information about the complainant;
(d) Vandalism, including attacks on data and equipment;
(e) Direct physical and/or verbal threats against a complainant or a complainant's family, friends, co-workers, and/or classmates including animal abuse;
(f) Gathering of information about a complainant from family, friends, co-workers, and/or classmates;
(g) Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the complainant;
(h) Defamation or slander against the complainant, posting false information about the complainant and/or posing as the complainant to post to websites, newsgroups, blogs, or other sites that allow public contributions, encouraging others to harass the complainant;
(i) Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements;
(j) Arranging to meet complainant under false pretenses.
(2) at any location, including through electronic media such as e-mail or social networking websites, and involving any University faculty, staff, or students, provided that:
(b) the accused or the complainant was acting in an official capacity for the University during the incident;
(c) the accused or the complainant was conducting University business during the incident;
(d) the conduct has the purpose or reasonably foreseeable effect of substantially interfering with the work or educational performance of UI students, faculty, or staff,
(e) the conduct creates an intimidating or hostile environment for anyone involved in or seeking to participate in University employment, education, on-campus living, or other University-sponsored activities; or
(f) the conduct demonstrates that the individual poses a reasonable threat to campus safety and security.
c. In addition to being subject to this policy, students who engage in sexual harassment are subject to discipline under the provisions of the Code of Student Life and IV-2 Sexual Misconduct Involving Students.
(2) During formal investigations and disciplinary proceedings, the provisions of II-4.1b, including the definition of sexual harassment in that section, will be used to determine whether alleged unwelcomed sexual behavior constitutes sexual harassment in violation of this policy.
(3) Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a report or complaint. However, the University may investigate the allegations, even without the alleged victim's consent, if circumstances warrant (such as when the allegations are particularly egregious or there are multiple reports of harassment involving the same person).
(4) A report or complaint must state specific and credible allegations of sexual harassment to warrant a formal investigation. There is no time limit for making allegations; however, it may be difficult to substantiate the allegations if they are made after significant time has passed. Therefore, prompt reporting is strongly encouraged.
(2) The UI Department of Public Safety (335-5022) should be notified immediately if individuals believe there is a threat of physical harm to themselves, to other members of the University community, or to anyone on University property or attending a University-sanctioned event.
(2) Any member of the University community, or a third party, may also make a report or complaint that a student has been the victim of unwelcomed sexual behavior or sexual harassment by contacting the Office of the Sexual Misconduct Response Coordinator.
(3) No University employee is authorized to investigate or resolve allegations of unwelcomed sexual behavior or sexual harassment of a student without the involvement of the Office of the Sexual Misconduct Response Coordinator.
(4) Students who would like to discuss their situations in a private environment, and share or seek information about a sexual harassment issue without making a report or complaint should consider utilizing any of the options discussed in IV-2 Sexual Misconduct Involving Students, at IV-2.8 Confidentiality, and in paragraph II-4.3g of this policy.
(2) Any member of the University community or a third party may also make a report or complaint that an employee has been the victim of unwelcomed sexual behavior or sexual harassment by contacting the Office of the Sexual Misconduct Response Coordinator, the Office of Equal Opportunity and Diversity, or any academic or administrative officer of the University.
(3) No University employee is authorized to investigate or resolve allegations of unwelcomed sexual behavior or sexual harassment of a University employee without the involvement of the Office of the Sexual Misconduct Response Coordinator or the Office of Equal Opportunity and Diversity.
(4) Employees who would like to discuss their situations in a private environment, and share or seek information about a sexual harassment issue without making a report of sexual harassment to the University, should consider utilizing any of the options discussed below in paragraph II-4.3g of this policy.
(b) refer the complainant to the Office of the Sexual Misconduct Response Coordinator, and
(c) notify the Office of the Sexual Misconduct Response Coordinator of the allegations within two business days.
(b) provide notice of the allegations to the Office of the Sexual Misconduct Response Coordinator or the Office of Equal Opportunity and Diversity within two business days, and
(c) provide notice of the allegations to the Senior Human Resources Leadership Representative of the unit in which the alleged behavior occurred or, when incidents do not occur within a unit, notify the Senior Human Resources Leadership Representative of the respondent.
g. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a report or complaint, or who wishes simply to learn more about enforcement of the Policy on Sexual Harassment, may contact any of the following offices or organizations:
(2) Faculty and Staff Services/Employee Assistance Program (for faculty or staff)
(3) University Counseling Service (for students)
(4) Women's Resource and Action Center (for faculty, other instructors, staff, or students)
(5) Rape Victim Advocacy Program (certified victim advocates)(for faculty, other instructors, staff, or students)
b. The Office of the Sexual Misconduct Response Coordinator is available to advise complainants and alleged victims on the resolution of allegations against students. To the maximum extent possible, the Office of the Sexual Misconduct Response Coordinator and the Office of the Dean of Students shall work together to ensure a coordinated and effective institutional response to reports or complaints alleging that a student has engaged in sexual harassment or unwelcomed sexual behavior.
c. At an alleged victim's request, the Office of the Sexual Misconduct Response Coordinator will assist the victim in addressing a situation involving allegations of unwelcomed sexual behavior or sexual harassment against a student without initiating formal disciplinary action against the student respondent. However, the University may conduct a formal investigation of allegations and pursue disciplinary action, even without an alleged victim's consent, if circumstances warrant.
d. When responding to allegations against an individual who is both a student and a University employee (including graduate assistants), the University may use the processes set out below in II-4.5 of this policy and/or the Student Sexual Misconduct Judicial Procedures, as it considers appropriate in the circumstances.
b. Options for resolution of allegations against employees.
(2) Limits on the use and scope of informal resolution.
(b) Informal resolution pursuant to II-4.5b may not be used when the allegations involve a report or complaint that the respondent committed sexual assault or engaged in any other form of violent behavior.
(c) When allegations are addressed through an informal resolution process, the person(s) alleged to have engaged in unwelcomed sexual behavior or sexual harassment ordinarily will not be informed of the allegations without the consent of the alleged victim unless circumstances require (such as when the allegations are particularly egregious or there are multiple reports of unwelcomed sexual behavior or sexual harassment involving the same person).
(d) When allegations are addressed through an informal resolution process, no disciplinary action may be taken against a person, and there will be no record of the allegations in the person's personnel or student disciplinary file, unless the person is notified of the allegations and given an opportunity to respond.
(e) Disciplinary action taken against a respondent in response to alleged violations of this policy will be governed by the procedures and rules set out below in II-4.5g.
(b) The Senior Human Resources Leadership Representative is responsible for assisting the alleged victim in securing a resolution of the matter. When either the alleged victim or the accused person is a faculty member, the relevant dean or vice president may designate an associate dean to work in consultation with the Senior HR Leadership Representative. The Senior Human Resources Leadership Representative and/or relevant associate dean must promptly inform the Office of Equal Opportunity and Diversity or the Office of the Sexual Misconduct Response Coordinator that an informal resolution is being attempted at the alleged victim's request.
(c) Alternatively, at the request of the alleged victim, the academic or administrative officer will refer the matter to the Office of Equal Opportunity and Diversity (EOD) so that the alleged victim may choose either to secure that office's assistance in addressing the situation through informal resolution or to request a formal investigation of the allegations. EOD shall notify the Office of the Sexual Misconduct Response Coordinator if it is assisting in the informal resolution of allegations.
(b) If there is a supervisory relationship between the complainant and/or victim and the respondent, the appropriate course of action will include development of a plan to avoid any perceived or actual conflict of interest until the complaint is resolved.
(c) The Senior Human Resources Leadership Representative and/or associate dean who is assisting in resolving the matter through information resolution shall take appropriate interim action, which may include those actions described in II-4.5h below, to address the alleged behavior and protect the health or safety of the alleged victim, complainant, and/or witnesses.
(4) If allegations of unwelcomed sexual behavior or sexual harassment are resolved through informal resolution, a written report must be made after the complaint is resolved using the Office of Equal Opportunity and Diversity Report of Informal Sexual Harassment Complaint Form, which requires disclosure of the employment or student status of the alleged victim(s); the complainant(s) (if other than the alleged victim), and the person(s) accused; the unit(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint.
In order for the University to respond effectively to situations involving a potential pattern of prohibited conduct by the same individual, if the person alleged to have engaged in unwelcomed sexual behavior or sexual harassment was notified of the existence of the allegations and given an opportunity to respond, the Senior Human Resources Leadership Representative and/or associate dean shall provide the names of the parties to the Office of Equal Opportunity and Diversity. If that person was not informed of the allegations or was not given an opportunity to respond, the Senior Human Resources Representative and/or associate dean shall not provide the names of the parties to the Office of Equal Opportunity and Diversity.
The Office of Equal Opportunity and Diversity shall provide the Office of the Sexual Misconduct Response Coordinator with information about informal resolutions in order to ensure overall coordination of University efforts to address unwelcomed sexual behavior and sexual harassment.
(5) It is the responsibility of the Senior Human Resources Leadership Representative and/or associate dean who facilitates the informal resolution of the allegations to follow up with the parties at a reasonable interval(s) to assess their compliance with the terms of the informal resolution and take appropriate action as warranted based on the parties' level of compliance.
(2) The Office of Equal Opportunity and Diversity may also conduct an investigation if efforts to resolve the matter through the informal resolution process were unsuccessful, if the terms of an informal resolution were not followed, or if it determines that an investigation is warranted despite an alleged victim's request for informal resolution.
(3) The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of this policy has occurred. In conducting the investigation, the Office of Equal Opportunity and Diversity will make reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and the respondent, and may interview other persons believed to have pertinent factual knowledge, as well as review any relevant documentary information. At all times, the Office of Equal Opportunity and Diversity will take steps to ensure confidentiality to the extent possible.
(4) When the Office of Equal Opportunity and Diversity conducts an investigation, the respondent will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations. The investigation will afford the respondent an opportunity to respond to the allegations and information provided by the complainant and/or alleged victim, and to provide a statement of the facts as perceived by the respondent.
(5) At the conclusion of the investigation, the Office of Equal Opportunity and Diversity will issue a written finding which will summarize the information gathered and state whether or not there is a reasonable basis for believing that a violation of this policy has occurred.
(b) The alleged victim, the respondent, and the Office of the Sexual Misconduct Response Coordinator will each receive a copy of the written finding, which is to remain confidential as defined below by II-4.5j.
(c) Third-party complainants will be notified only that the proceedings are concluded.
(b) the office of the vice president or dean responsible for the unit employing the person charged, if the respondent is a staff member;
(c) the Office of the Dean of the Graduate College, if the respondent is a graduate assistant; and
(d) the Office of the Dean of Students, in cases in which an employee respondent is also a student (including a graduate assistant).
(b) If the respondent is a faculty member or graduate assistant, the administrator will also consult with the appropriate dean and departmental executive officer.
(c) When a respondent staff member, faculty member, or graduate assistant is also a student, the administrator and the Dean of Students will also consult with one another in determining what corrective measures or sanctions should be pursued.
(4) The administrator who reviews and takes action in response to a finding of the Office of Equal Opportunity and Diversity shall inform the alleged victim when action has been taken.
Those who violate this policy should bear the consequences of their actions, even if factors such as substance abuse or personal problems contribute to misconduct. When the offense is serious, it is appropriate to consider separation from the University even in cases of first offense, and even when the respondent experiences remorse and/or did not intend to cause the resulting degree of harm.
(2) In addition to other disciplinary action, persons who are found to have violated this policy may be required to participate in group counseling or personal therapy sessions, complete community service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for economic damages caused by their behavior.
When the respondent is a faculty or staff member, the Office of Faculty and Staff Services (121-50 University Services Building) is available to assist with locating appropriate resources.
(3) It is the responsibility of the appropriate administrator to follow up with the parties at a reasonable interval(s) to assess their compliance with the disciplinary and/or remedial sanctions imposed. More serious sanctions, up to and including termination of employment or separation from the University, may be imposed in the event that the respondent fails to comply with the sanctions initially imposed.
(2) staff members will be governed by applicable University policies, including III-16 Ethics and Responsibilities for Staff and the applicable discipline and/or grievance procedures (see III-28 Conflict Management Resources for University Staff and/or relevant collective bargaining agreement);
(3) graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of graduate assistants (see III-12.4). When disciplinary action other than dismissal is taken by the Dean of the Graduate College, a graduate assistant may appeal through any existing contractual grievance procedures;
h. Protection of alleged victims, complainants, and others.
(2) Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged victims, complainants, witnesses, and others from harm caused by continuation of the alleged harassing behavior.
(3) Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken to assure that alleged victims, complainants, and/or witnesses will suffer no retaliation as the result of their activities with regard to the process.
(4) Any retaliation against alleged victims, complainants, or witnesses should be reported to the Office of Equal Opportunity and Diversity for further investigation. Retaliation may result in disciplinary action against the person committing the retaliatory act(s).
(5) Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued harassment and/or retaliation might include:
(b) arrangements that academic and/or employment evaluations concerning the complainant or others be made by an appropriate individual other than the respondent.
(b) serious and immediate harm will ensue if the person continues his or her employment. Similarly, if the respondent is a student, interim sanctions may be imposed pursuant to Section 10 of the Student Judicial Procedure.
(2) In the event that allegations are not substantiated, reasonable steps will be taken to restore the reputation of the respondent if it was damaged by the proceeding. The respondent may consult with the Office of Equal Opportunity and Diversity regarding reasonable steps to address such concerns.
(3) Confidential resources. Persons who are accused of sexual harassment may discuss their situations privately with counselors at University Counseling Service (for students), with counselors at Faculty and Staff Services/Employee Assistance Program (for faculty or staff), or with staff at the University's Office of the Ombudsperson (faculty, staff, and students). Conversations with University counselors and staff at these offices will not be reported to anyone else in the University except in cases of a threat of imminent physical harm. However, statements made to employees in these offices will not always be legally confidential. When seeking private advice and support from these offices or any University employee, persons should always confirm whether legal confidentiality applies to their communications with the person to whom they are speaking.
(2) Anyone (victims or others) who wishes to consult with someone about a specific situation without making a report of unwelcomed sexual behavior or sexual harassment, or who wishes simply to learn more about enforcement of the policy, may contact any of the following offices or organizations:
(b) Faculty and Staff Services/Employee Assistance Program (for faculty or staff)
(c) University Counseling Service (for students)
(d) Women's Resource and Action Center (for faculty, other instructors, staff, or students)
(e) Rape Victim Advocacy Program (certified victim advocates)(for faculty, other instructors, staff, or students)
(4) Dissemination of documents relating to reports or complaints of unwelcomed sexual behavior or sexual harassment and/or to the investigation of such reports or complaints, other than as necessary to pursue an appeal, grievance, or other legal or administrative proceeding, is prohibited.
(5) Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-4.5h. Failure to maintain confidentiality by any party (alleged victim, third party complainant, or respondent) may result in disciplinary action.
(b) notifying individuals of conduct that is proscribed;
(c) informing administrators about the proper way to address complaints of violations of this policy; and
(d) helping educate the community about the problems this policy addresses.
(ii) Staff (P&S): All regular staff, employed at least 50 percent or greater time,
(iii) Staff (merit): All regular staff, employed at least 50 percent or greater time,
(iv) Medical residents and fellows: All who hold at least a 50 percent appointment during the academic year,
(v) Postdoctoral scholars/fellows: All who hold at least a 50 percent appointment during the academic year,
(vi) Students (graduate/professional): All graduate/professional students who hold a teaching assistantship for a period of one semester or longer, and any other students as determined by the Provost,
(vi) Students (undergraduate): University housing resident assistants, and any other students as determined by the Office of the Vice President for Student Life.
(c) New hires: All faculty and regular staff members, who hold a 50 percent or greater appointment, shall receive sexual harassment prevention education in the first six months of their employment (except for those whose positions fall under the definition of "academic and administrative officers"). Options for satisfying this requirement may include: instructor-led sessions, specifically designated online courses, and/or annual new faculty orientations.
(d) Academic and administrative officers (AAOs): All faculty/staff hired into and/or promoted to a position defined by II-4.1c(1) of this policy as an academic/administrative officer (e.g., VP, Dean, DEO, student advisor, supervisor) shall complete an approved sexual harassment prevention course for supervisors within the first two months of their appointment. Academic and administrative officers are responsible for knowing and understanding the contents of this policy and the procedures for processing complaints brought to them pursuant to this policy.
(e) The Office of Equal Opportunity and Diversity, in consultation with the Office of the Provost, shall provide centralized oversight and monitoring of compliance with this mandatory sexual harassment prevention education requirement on an annual basis.
c. Review of policy. This policy will be reviewed within three years after the latest revisions are implemented and revised as appropriate. This policy is subject to review at any other time deemed necessary by the President, the General Counsel, the Chief Diversity Officer, or the Sexual Misconduct Response Coordinator.