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Sexual Harassment: A Guide for Faculty, Staff & Students
A
Message
About Sexual Harassment from the President of Dakota State University
-
Summary
of Policy Against Sexual Harassment
- Some
FAQs
(Frequently Asked Questions) About Sexual Harassment
A Message
About Sexual Harassment from the President of Dakota State University
Dakota State University
is committed to developing and implementing a program of
nondiscrimination, a responsibility the university accepts willingly
because it is the right and just thing to do. Sexual harassment is a
form of discrimination impedes the ability of students and others to
participate in an environment that allows them to achieve their fullest
potential. An excerpt from the South Dakota Board of Regents policy on
sexual harassment says it well:
Educational
institutions play a special role in preparing students to lead the
complex social organizations through which businesses and professions
operate and through which free people govern themselves. Students must
be taught, and they must be shown through the example given by
institutional employees, that stable, effective and prosperous social
organizations observe norms of conduct under which all participants
are expected to treat one another civilly and to carry out their
respective tasks in a constructive and informed manner.
This commitment is part
of a larger commitment to developing a safe and supportive climate for
all members of the DSU community throughout the campus. DSU recognizes
that a non-discriminatory environment complements a commitment to
academic inquiry and intellectual and personal growth. Dakota State
University is committed in its efforts to ensure no individual is
discriminated against on the basis of sex in any education program or
activity on our campus.
Dakota State University
has designated Maria Harder
and assigns overall
program responsibility to her as the Human Resources Director. Questions
regarding complaints and/or compliance with affirmative action or equal
opportunity should be directed to: Maria Harder,
208 Heston Hall,
Dakota State University, Madison, SD 57042-1799, 605/256-5129.
Dr.
Douglas Knowlton
President
Summary
of Policy Against Sexual
Harassment
Policy
Statement:
It is the policy of Dakota State University that harassing conduct is
prohibited, and will not be tolerated in the University setting,
including the Trojan Center, parking areas, school vehicles, social
functions sponsored by the University, etc. Sexual harassment is
inconsistent with the University’s objective to promote a cooperative
work and academic environment, and is contrary to the University policy
of equal employment and academic opportunity without regard to age,
gender, sexual orientation, citizenship, race, color, religion, creed,
national origin, disability, and veteran or marital status. Sexual
harassment is a form of sex discrimination, is illegal under Federal and
State laws, and will not be tolerated within the University setting.
Prohibited
Conduct:
It is a violation of University policy for any member of the University
community to engage in sexual harassment or to retaliate against any
member of the University community raising an allegation of sexual
harassment, for filing a complaint alleging sexual harassment, or for
serving as a witness or panel member in the investigation of a
harassment complaint.
Definition:
Sexual harassment
is unwelcome sexual advances, unwelcome requests for sexual favor, and
other unwelcome verbal or physical conduct of a sexual nature, when:
- Submission to such
conduct is made explicitly or implicitly a term or condition of an
individual’s employment or status in a course, program or
activity;
- Submission to or
rejection of such conduct is used as a basis for an employment or
educational decision affecting an individual, or;
- Such conduct has the
purpose or effect of unreasonably interfering with an individual’s
work or educational performance or of creating an intimidating,
hostile, or offensive environment for work or learning.
Examples
of Sexual Harassment:
Examples of sexual harassment include, but are not
limited to, the following:
- Sexual comments,
teasing, or jokes;
- Suggestive gestures,
sounds, or whistles;
- Inquiries or
discussions about sexual activities;
- Pressure to accept
social invitations, to meet privately, to date, or to have sexual
relations;
- Sexual slurs,
demeaning epithets, derogatory statements, or other verbal abuse;
- Graphic or sexually
suggestive comments about an individual’s attire or body;
- Unwanted or
unnecessary physical contact, sexual touching, brushing up against
another in a sexual manner, graphic or sexually suggestive gestures,
cornering, pinching, grabbing, kissing, or fondling;
- Suggestive, obscene or
harassing messages sent via computer or left on an answering machine
or voice mail.
- Requesting or
demanding sexual favors in exchange for employment or academic
opportunities (such as promotions, keeping a job, grades, or
recommendations).
Consensual
Relationships:
Consenting romantic and/or sexual relationships
between faculty and student, or between supervisor and employee,
although not expressly forbidden, are generally deemed unwise. Romantic
or sexual relationships between persons in an unequal power relationship
can serve to make the work and learning environment a negative one.
Examples may include:
- a student or employee
may feel forced into an unwanted relationship because he or she
fears that refusal to enter or continue in a relationship will
adversely affect his or her education or employment;
- conflicts of interest
may arise when a supervisor, faculty member, or other University
member is required to evaluate the work or make personnel or
academic decisions with respect to the person with whom he or she is
involved;
- a charge of sex
discrimination could be brought by a peer of the student or employee
when it is perceived that the subordinate person in the relationship
has been given unwarranted benefits, such as higher grades or better
evaluations;
- a charge of sexual
harassment against the person who has the "power" in the
relationship could follow the termination of the relationship on
"unfriendly" terms.
If a charge of sexual
harassment is subsequently lodged, it will be exceedingly difficult to
prove immunity on grounds of mutual consent, and may make one liable for
a charge of sexual harassment or discrimination on the basis of sex.
False
and Malicious Accusations:
A complainant whose
allegations are found to be both false and brought with malicious intent
will be subject to disciplinary action which may include, but is not
limited to, written warning, demotion, transfer, suspension, or
dismissal.
Procedures:
See the
DSU
Sexual Harassment and Other Forms of Harassment Policy and/or the
South
Dakota Board of Regents Human Rights Complaint Procedures, available
on the World Wide Web, Mundt Library, President’s Office, or Personnel
Office.
Enforcement:
A person who believes he/she
is being subjected to sexual harassment can choose to take informal or
formal means to resolve the matter. One should weigh all available
options with the Title IX Coordinator/Personnel Manager, Dean of
Students, or Director of Student Development before deciding which means
to pursue. There is a range of corrective actions and penalties
accessible to the University for violations of this policy, including
but not limited to termination of employment and permanent dismissal
from the University.
FAQs
About Sexual Harassment:
- What
is sexual harassment?
Basically, sexual harassment is unwanted, unsolicited, or
undesired attention of a sexual nature. It can include unwelcome
sexual advances, requests for sexual favors, and other verbal,
nonverbal, or physical conduct of a sexual nature. Conduct is
unwelcome if the person did not request or invite it and
"regarded the conduct as undesirable or offensive."
- Who
can be sexually harassed?
Both males and females can be victims of sexual harassment,
and both males and females can be perpetrators of sexual harassment.
Sexual harassment can occur between supervisor and employee;
coworker and coworker; campus visitor and university employee;
professor and student; and student and student.
- What can
I do if I’m sexually harassed?
- Know your rights;
- sexual harassment is
illegal and University policy prohibits any University employee or
student from engaging in sexual harassment. Speak up at the time.
Tell the harasser assertively that you don’t like the negative
behavior and you expect it to stop. This is not the time to be
polite or vague. Consider sending a letter that tells the harasser
to stop. The letter should give details about the behavior that
you find offensive, your reactions to them, and what you want to
happen. If you confront the harasser face to face, ask a friend to
join you. Don’t feel that you need to be modest about
embarrassing the harasser – it is your rights that have been
violated.
- Don’t blame
yourself. You didn’t cause the harassment and you’re not
responsible for it.
- Don’t delay.
Follow the University’s policy. Write down what happened –
who, what, when, where, what was said or done, any witnesses, etc.
Be as specific as possible. Ask for help. Report the harassment to
the appropriate person – supervisor, advisor, Dean of Students,
Director of Student Development, Title IX Coordinator/ Personnel
Manager. You do not have to go on worrying and feeling confused.
You may want to talk things over, clear your thoughts, vent your
anger, or possibly file a complaint. All discussions will be kept
confidential to the fullest extent possible.
If you are an
observer of what you perceive to be sexual harassment, you can also
take steps to stop it. You can also follow the University’s policy
and report it to the appropriate party.
-
Why
learn about sexual
harassment?
Because it is
unprofessional – and illegal! It affects everyone. It can be a
tricky issue to understand. You see, sexual harassment depends on how
the person being harassed is affected – not on the
harasser’s intent.
You can help prevent
sexual harassment by:
- Knowing the policy
on sexual harassment
- Set a positive
example by treating everyone with respect.
- Let others know you
expect the same of them.
- Avoid making
assumptions that "practical jokes," "friendly
gestures," etc., are harmless or inoffensive. Quite often,
they are not viewed that way.
- Think before making
personal comments or asking personal questions. Could they make
the other person feel uncomfortable?
- Don’t go along
with the crowd or accept behavior that may be offensive. Make your
feelings known and ask that the offensive behavior be stopped.
Special Advice
for Supervisors: What you do or don’t do can result in
legal action against you and the University.
- Make sure everyone
knows the institution’s policy on sexual harassment.
- State in clear terms
that you won’t tolerate sexual harassment in any form.
- Treat every incident
seriously, and follow the institution’s guidelines.
- Have an "open
door" policy and encourage employees to report any instance
of sexual harassment.
- Always keep matters
confidential – both the "accused" and the
"accuser" have the right to confidentiality.
- Where
do I go for help?
Human Resources Director
Business Office – 2nd Floor
Heston Hall
(605) 256-5129
Dean of Students
Student Services Center
Trojan Center
(605) 256-5146
Director of Student
Development
Student Services Center
Trojan Center
(605) 256-5146
Other Resources:
Sexual Harassment:
It’s Not Academic:
http://www.ed.gov/offices/OCR/ocrshpam.html
Equal Opportunity In
Intercollegiate Athletics: Requirements Under Title IX of the
Education Amendments of 1972:
http://www.ed.gov/offices/OCR/interath.html
Credits:
This brochure includes
information from:
About Sexual Harassment in the Workplace,
Channing L. Bete Co., Inc., South Deerfield MA, 1989.
Ending Sexual Harassment, Coastal Human Resources, Inc., Virginia
Beach VA, 1995.
Henson v. City of Dundee, 682 F.2d 903 (11th Cir. 1982)(Title
VII case).
In Case of Sexual Harassment, a publication of the Project on the
Status and Education of Women, Association of American Colleges
Preventing Sexual Harassment on Campus, Business and Legal
Reports, Inc., Madison, CT, 1994.
Sexual Harassment, a Vanderbilt University Guide for Faculty,
Staff, and Students, prepared by the Opportunity Development Center and
the Women’s Center.
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