Sexual Harassment, Consensual Relations Policy

Sexual Harassment Contents

• Introduction
• Definition
• Policy Statement
• Examples
• Unwelcome Behaviors
• University Action
• Informal Complaints
• Formal Complaint
• Confidentiality
• Harassment by Third Parties
• False Complaints
• Consensual Relationships

INTRODUCTION

Northern Michigan University is committed to creating a work environment for all faculty and staff and a learning and living environment for all students that is fair, humane, and responsible. Such an environment supports, nurtures, and rewards faculty and staff and students on the basis of ability and work performance in their progress toward career and educational goals. Sexual harassment has no place in this environment.

Harassment on the basis of sex is discrimination in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and the Michigan Elliot-Larsen Civil Rights Act. Federal and state law prohibit sex discrimination in employment and in the utilization of educational facilities and services. Sexual harassment is considered to be sex discrimination and is therefore illegal.

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or visual communication or physical conduct of a sexual nature when:

SEXUAL HARASSMENT POLICY STATEMENT

Sexual harassment of any member of the University community by another member of the University community is inconsistent with the University's desire to create the best possible living, learning, and work environment, and is therefore absolutely prohibited.

EXAMPLES OF SEXUAL HARASSMENT

All members of the University community are expected to be familiar with the following list. Examples of behaviors which may constitute sexual harassment or inappropriate conduct in the University community include but are not limited to:

• Deliberate touching which does not contribute to or advance the work, service, or education activity being conducted.
• Pinching of another.  
• Repeated brushing against or touching of another's body, which does not contribute to or advance the work, service, or education activity being conducted.  
• Pressure or demands for a date or for sexual activity with a subordinate by a person in authority.  
• Repeated requests for a date or for sexual activity which are declined.  
• Pictorial or actual displays of obscenity which do not contribute to or advance the work, service, or education activity being conducted.  
• Written, verbal, pictorial, or nonverbal communications of a sexual nature which do not contribute to or advance the work, service, or education activity being conducted.

UNWELCOME BEHAVIORS

The above behaviors shall be presumed unwelcome without the complainant communicating that the behavior is unwelcome.

When a complainant has communicated, either verbally or nonverbally, that a behavior of a sexual nature which does or does not appear on the above list is unwelcome, any repetition of that behavior or similar behavior will be considered unwelcome. No additional communication should be necessary for one to understand that his/her behavior is unwelcome.

UNIVERSITY ACTION

The University will promptly investigate a complaint and, where appropriate, take prompt corrective action up to and including discharge from University employment and/or expulsion. Complaints should be reported immediately but in all cases must be reported within ninety (90) calendar days of the alleged occurrence. It is a violation of University policy to intimidate, discipline, discharge, or harass any individual because she or he has filed a complaint, instituted proceedings, assisted an investigation, or formally or informally objected to sexual harassment and/or discriminatory practices. If retaliation occurs, the incident should be reported either to the Equal Opportunity Office or Human Resources (faculty and staff) or to the Dean of Students Office (students).

INFORMAL COMPLAINTS

A member of the University community who wishes to complain about sexual harassment by an employee or student of the University should take the following action:

• If the alleged harasser is a faculty or staff member, the complaint should be made, orally or in writing, to the alleged harasser's unit administrator (e.g. supervisor, director, department head), or to the Assistant to the President for Equal Opportunity, or to the Human Resources Department; or,
  
• If the alleged harasser is the unit administrator, the complaint should be made, orally or in writing, to the unit administrator's superior (e.g. dean, vice president, president), or to the Assistant to the President for Equal Opportunity; or to the Human Resources Department.  
• If the alleged harasser is the supervisor of the complainant and the complainant is subject to a collective bargaining agreement, the grievance procedure specified in the complainant's respective bargaining agreement must be utilized.  
• If the alleged harasser is a student supervisor or in an authority role (e.g. resident advisor), the complaint should be made to the Dean of Students or to the Assistant to the President for Equal Opportunity.  
• If the alleged harasser is a student not in an authority role and the complainant is a student, the complaint should be made to the dean of students and shall be pursued according to the procedures outlined in the Student Code.  
• Student complaints of sexual harassment that also concern grades shall be pursued according to the procedures outlined in the Student Code as well as the Sexual Harassment, Consensual Relations Policy.

Each complaint alleging sexual harassment will be evaluated with reference to the pertinent circumstances. A complaint may be resolved informally after speaking with the complaining party and the alleged harasser. Other complaints may result in investigations, including interviews and the review of documentary material. Members of the University community are expected to cooperate in investigations of alleged sexual harassment by University officials. If the complainant is satisfied with the informal resolution attained, the case will be closed.

FORMAL COMPLAINT

If the informal complaint procedures do not provide a resolution which is satisfactory to the complainant, and the complainant desires further action, the complainant shall submit a written complaint within ten (10) calendar days of the informal resolution to the Assistant to the President for Equal Opportunity. The complaint must be signed and must specify in writing the act that the complainant alleges constitutes sexual harassment, the date and time of the act, why she/he are unsatisfied with the results of the informal process, and the remedies sought.

Within ten (10) calendar days of receipt of the written complaint, the Assistant to the President for Equal Opportunity will convene the Complaint Resolution Committee (CRC.) The Complaint Resolution Committee shall consist of one member of the alleged offender's employee group; one member of the complainant's employee group or when the complainant is a student employee, a member of the university community or the Dean of Students or designee; and either a representative from Human Resources (when the alleged offender is a staff member) or a representative from Academic Affairs (when the alleged offender is a faculty member). Members of the Complaint Resolution Committee shall be chosen by the President.

The Complaint Resolution Committee shall review the complaint and all facts and circumstances discovered during the informal procedure to initially determine if the complaint requires further investigation, should be referred to another forum for action, or should be dismissed. If the Committee decision is to proceed, the Assistant to the President for Equal Opportunity shall notify the appropriate vice president, dean, department head, the complainant, and the alleged offender and will provide them with a copy of the complaint.

Where further investigation is required, the Assistant to the President for Equal Opportunity may consult with individuals, both inside and outside of the University, who have knowledge and expertise in matters pertinent to the complaint. These individuals may serve as consultants to the resolution process and may participate in any mediation sessions between the parties to the complaint.

At the conclusion of the investigation, the Assistant to the President for Equal Opportunity shall prepare a report containing a statement of the allegation, a list of any policy violations, and a statement of findings to the Complaint Resolution Committee. If the Complaint Resolution Committee determines that discrimination and/or inappropriate conduct or behavior has occurred, it shall submit a written report supporting these findings, along with recommendations for further action, to the President of the University. Recommendations may include but are not limited to:

- warning or official reprimands
- probation
- imposition of special duties
- suspension
- discharge from employment
- financial restitution
- change in University policy or procedure

If the Complaint Resolution Committee does not support the claim that discrimination has occurred, the case shall be dismissed.

The Assistant to the President for Equal Opportunity shall advise the complainant in writing of the Complaint Resolution Committee's determination.

CONFIDENTIALITY

The right to confidentiality, both of the complainant and of the accused, will be respected insofar as it does not interfere with the University's legal obligation or ability to investigate allegations of misconduct when brought to its attention, and to take corrective action when it is found that misconduct has occurred.

SEXUAL HARASSMENT BY THIRD PARTIES

University students occasionally participate in NMU academic programs with or under the supervision of persons who are not University faculty or staff. If a student believes that she or he has been sexually harassed in a University academic program by an individual who is not a University employee or student, the student should report the alleged sexual harassment to the unit administrator (department head or dean) responsible for that academic program or to the Assistant to the President for Equal Opportunity.

When performing their jobs, University faculty and staff will sometimes interact with contractors, suppliers, or customers who are not University faculty, staff or students. If a University employee (including a student employee) believes that he or she has been sexually harassed within the scope of his or her employment activities by an individual who is not a University employee or student, the University employee should report the alleged sexual harassment to his or her supervisor or to the Assistant to the President for Equal Opportunity or to Human Resources.

Individuals who are not students or faculty and staff of the University are not subject to the discipline under the University's internal processes. Nonetheless, if the University determines that a third party has sexually harassed a University student in a University academic program or a University employee within the scope of her or his employment, the University will take corrective action.

FALSE COMPLAINTS

Any member of the University community who knowingly files a false complaint of sexual harassment, or who knowingly provides false information to or intentionally misleads University officials who are investigating a complaint of alleged sexual harassment, is subject to disciplinary action, up to and including discharge or expulsion.

CONSENSUAL RELATIONSHIPS

Consenting romantic and sexual relationships between faculty/staff and their students or between supervisors and their subordinates are full of the potential for exploitation. The respect and trust accorded a professor by a student or a supervisor by a subordinate, as well as the power exercised in an academic or evaluative role, make voluntary consent by the student or subordinate suspect. Even when both parties initially have consented, the development of a sexual relationship renders the faculty member or supervisor and the University vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between faculty members and students and supervisors and subordinates. As such, romantic and sexual relationships between faculty and their student or between supervisors and their subordinate are ill-advised.

Faculty, staff, and supervisors are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest, favoritism, or bias. When a sexual relationship exists, effective steps should be taken to ensure unbiased evaluation or supervision.

Approved by Board of Control
December 17, 1999