Academic Affairs Manual (ACD)
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| Effective: 2/2/1982 |
Revised: 6/8/2007 |
![[ASU logo]](asu.gif) |
ACD 402: Sexual Harassment |
Purpose
To establish the university’s policy on sexual harassment
Sources
20 United States Code §§ 1681–83 (1980)
42 United States Code § 2000e (1980)
Student Code of Conduct
Applicability
All ASU employees and students
Policy
The university prohibits sexual harassment by employees and students and will not tolerate sexual harassment that unlawfully interferes with an individual’s work or educational performance or unlawfully creates an intimidating, hostile, or offensive working, learning, or residential environment.
Violations of this policy may result in disciplinary action up to and including termination for employees, and in sanctions including suspension or expulsion for students. Violations of this policy by persons who are not employees or students of the university are subject to sanction under the Student Code of Conduct or the Rules for the Maintenance of Public Order as they may be adopted and amended by the Arizona Board of Regents.
This policy is subject to constitutionally protected speech rights and principles of academic freedom. This policy shall be implemented and interpreted in accordance with the First Amendment Guidelines attached to the university’s Campus Environment Team policy (available in the university Office of General Counsel and in the Office of Diversity, Human Resources. Questions about this policy may be directed to the Office of Diversity, Human Resources and the Student Life offices at Tempe campus, West campus, and Polytechnic campus.
Violations of Policy
The following conduct shall constitute violation of this policy:
- making sexual advances or requesting sexual favors if submission to or rejection of such conduct is the implicit or explicit basis for imposing or granting terms and conditions of employment or education at the university
- making sexual advances, requesting sexual favors, or otherwise discriminating on the basis of gender in a manner that unlawfully creates an intimidating, hostile, or offensive working, residential, or educational environment at the university or that otherwise unlawfully interferes with an individual’s work or educational performance
- engaging in any sexual contact against a person who has not given consent or committing any act of sexual assault, public sexual indecency or sexual abuse against a person who has not given consent, if the act is committed on university property or in connection with any university-sponsored event or activity
- acting, recommending action, or refusing to take action in a
supervisory position in return for sexual favors, or as a reprisal
against a person who has rejected, reported, filed a complaint
regarding, or been the object of sexual harassment
or
- disregarding, failing to investigate, or delaying investigation of allegations of sexual harassment to the extent that action, reporting, or investigation is appropriate or required by one’s supervisory position.
Confidentiality
The university shall protect the confidentiality of the identities of and statements made by parties and witnesses involved in a sexual harassment report or complaint to the extent permitted by law and to the extent that continued protection does not interfere with the university’s ability to investigate allegations of misconduct brought to its attention and to take corrective action.
Amorous Relationships
In recognition of interests in privacy and free association, university policy does not prohibit fully consensual amorous relationships. Even an apparently consensual amorous relationship, however, may lead to sexual harassment or other breaches of professional obligations, particularly if one of the individuals in the relationship has a professional responsibility toward or is in a position of authority with respect to the other, such as in the context of instruction, advisement, or supervision. Due to the power difference, it may be difficult to avoid the appearance of favoritism or to assure a truly consensual relationship. Amorous relationships may result in conduct that amounts to sexual harassment or that violates the professional duties of even-handed treatment and maintenance of an atmosphere conducive to learning or working.
In light of these serious risks, every individual in a position of authority should take great care not to abuse that power in personal relationships. Specifically, if involved in an amorous relationship with someone over whom he or she has supervisory authority, the individual must remove himself or herself from any participation in recommendations or decisions affecting evaluation, employment conditions, instruction, or the academic status of the other person in the relationship, and must inform his or her immediate supervisor. The supervisor informed of the amorous relationship will issue a written statement for the department personnel file identifying the person(s) responsible for recommendations and/or decisions affecting evaluations, employment conditions, instruction, and/or academic status of the other person involved in the relationship.
Violations of Law
Employees and students may be accountable for sexual harassment under applicable local, state, and federal law as well as under university and Arizona Board of Regents’ policies. Disciplinary action by the university may proceed while criminal proceedings are pending and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.
Procedures
An employee or student alleging sexual harassment may report the harassment or officially file a complaint. Allegations of sexual harassment must be made in good faith. The complainant shall determine which procedure(s) shall be used to address the allegation. Time frames identified in the following procedures may be extended for good reason, such as when classes are not in session or upon mutual agreement by the parties to the report or complaint.
Filing a Report of Sexual Harassment
Filing a report is notification of concern about an individual’s behavior believed to be harassing and will only result in an educational conference with the individual whose behavior is at issue. A report may be filed with:
- an administrator with responsibility over the individual whose behavior is at issue
- Student Life, if the alleged harasser is a student (Tempe
campus 480/965–6547; West campus 602/543–8130;
Polytechnic campus 480/727–3278)
or
- the Office of Diversity, Human Resources. The university Title IX Coordinator is the director.
This process allows the report filer to remain anonymous if she or he chooses. If the report filer wishes to make a report and have no action taken, even the educational conference, the report filer must sign a statement indicating the request that no action be taken.
Before an educational conference is scheduled with the individual whose behavior is at issue, an administrator must consult with the director, Office of Diversity, Human Resources. The conference shall include: alerting the individual to the perception of harassment, providing a copy of the university policy prohibiting sexual harassment, encouraging attendance at an EO/AA sexual harassment workshop, and encouraging greater awareness of behaviors which may lead to perceptions of harassment. The conference must take place within 15 days of the receipt of the report.
Filing a Complaint of Sexual Harassment
Employees and students may officially file an informal or formal complaint with the Office of Diversity, Human Resources. The complainant may decide whether the complaint will be handled under the informal or formal resolution process. The complainant may also change an informal complaint to a formal complaint at any time. If the alleged harasser or the complainant is a student or student organization and the alleged conduct occurs on university property, a complaint may be filed with the Student Life Office (Tempe campus, West campus, or Polytechnic campus). The initial complaint should be filed within 120 days after the individual knows or has reason to know of the alleged harassment or the failure to take appropriate action.
Office of Diversity, Human Resources, Complaint Procedures
- Informal Complaint
- This process does not require the complainant to file a written complaint and involves reaching a voluntary resolution of the complaint within 60 days of the receipt of the complaint. This process requires identification of the complainant and the allegation(s) to the respondent within seven days of the receipt of the complaint. It may involve an investigation, interviewing witnesses, and review of materials provided by one or both parties to the complaint. With the consent of the complainant, it may also involve resolution by a settlement agreement developed in lieu of or as a result of an investigation. When the evidence substantiates a violation of university policy, discipline up to and including suspension, termination, or expulsion from the university may be imposed in addition to any voluntary agreements.
- Formal Complaint
- This process requires submission of the EO/AA Complaint Form (available from the Office of Diversity, Human Resources). The complaint will be shared with the respondent within seven days of receipt, and a written response is required from the respondent within 15 days of his or her receipt of the complaint. This process may involve an investigation, interviewing witnesses, and review of material provided by one or both parties to the complaint. The formal complaint process will result in an investigative report with resolution recommendations submitted to the executive vice president and provost of the university/vice president/vice provost over the respondent within 90 days of receipt of the complaint by the Office of Diversity, Human Resources. The executive vice president and provost of the university/vice president/vice provost will accept, reject, or modify the recommendations and will provide written notification to the parties within 15 days of the report.
Complete complaint procedures are identified in ACD 403, “Procedures for Resolving Complaints of Unlawful Discrimination.” A copy of these procedures is also available in the Office of Diversity, Human Resources.
Board on Equal Opportunity Complaint Procedures
If the complaint is not resolved to the complainant’s satisfaction through the Office of Diversity, Human Resources processes, the complainant may request review by the ASU Board on Equal Opportunity (BEO). The complainant must complete and file a Request for Hearing form (which is available in the Office of Diversity, Human Resources) with the chair of the BEO within 30 days after receipt of notification from the Office of Diversity, Human Resources, that the resolution process is completed. Faculty may file a complaint directly with the BEO by submitting the Request for Hearing form to the chair of the Clearinghouse Committee within 30 days of the occurrence of the actions that form the basis of the complaint. If the BEO determines that the grievance falls within its jurisdiction, the hearing process will be initiated and completed within 60 days after the complaint was received by the BEO. Summer, vacation, holiday, and other academic leave periods are excluded from the 60-day period. The BEO will submit a written report to the president who will provide a written decision to accept, reject, or modify the recommendations to the parties within 45 days of receipt of the report. The BEO will proceed under the procedures of university policy, ACD 404, “Board on Equal Opportunity.” A copy of these procedures is also available in the Office of Diversity, Human Resources.
Student Code of Conduct and Student Disciplinary Procedures
When the sexual harassment complaint involves a student or student organization, a complainant may file a complaint by submitting a written referral stating the facts of the alleged harassment to the Student Life Office (Tempe campus, West campus, or Polytechnic campus). The Student Life Office may investigate, review documents, and/or interview witnesses as part of the resolution process. The Student Life Office shall determine whether a policy violation has occurred and determine any sanctions to be imposed within 60 days of the receipt of the referral.
Filing External Complaints
In addition to or as an alternative to the procedures set forth above, employees and students may file a complaint with an appropriate external investigatory agency, such as the Arizona Attorney General’s Office, the Equal Employment Opportunity Commission, or the Office of Civil Rights of the Department of Education. Many agencies require that the complaint be filed within 180 calendar days of the last act of harassment or discrimination; the Equal Employment Opportunity Commission requires that the complaint be filed within 300 calendar days of the last act of harassment or discrimination.
Cross-References
For appropriate grievance procedures for employees, see:
- ACD 403, “Procedures for
Resolving Complaints of Unlawful Discrimination”
and
- ACD 404, “Board on Equal Opportunity.”
For appropriate grievance procedures for students, see the University Student Initiatives Policies and Procedures Manual—USI 104–01, “Student Code of Conduct and Student Disciplinary Procedures.”
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