UAP 2730: Sexual Harassment

Transcription

1 Univrsity of Nw Mxico UNM Digital Rpository Sction 2000: Administrativ Managmnt Univrsity Administrativ Policis and Procdurs UAP 2730: Sxual Harassmnt Univrsity of Nw Mxico Follow this and additional works at: Rcommndd Citation Univrsity of Nw Mxico. "UAP 2730: Sxual Harassmnt." (2014). This Policy is brought to you for fr and opn accss by th Univrsity Administrativ Policis and Procdurs at UNM Digital Rpository. It has bn accptd for inclusion in Sction 2000: Administrativ Managmnt by an authorizd administrator of UNM Digital Rpository. For mor information, plas contact

2 Policy 2730: Sxual Harassmnt:: Univrsity Policy I Th Univrsity of Nw Mxico Pag 1 of6 ~ ljnm Policy Offic Administrativ Policis and Procdurs Manual - Policy 2730: Sxual Harassmnt This vrsion was in ffct for th priod of V:>-~\-\Y to Dat Originally Issud: Rvisd: , Subjct to Chang Without Notic Authorizd by UNM Rgnts' Policy 2.5 ("Sxual Harassmnt") Procss Ownr: Dirctor, Offic of Equal Opportunity Not: This policy was formrly numbrd UAP Gnral Th Univrsity is committd to crating and maintaining a community in which studnts and mploys can larn and work togthr in an atmosphr that nhancs productivity and draws on th divrsity of its mmbrs and is fr from all forms of disrspctful conduct, harassmnt, xploitation, or intimidation, including sxual harassmnt and sxbasd discrimination. Th purpos of this policy is to guid Univrsity officials to tak whatvr action may b ndd to prvnt, corrct, and, whn ncssary, to disciplin bhavior which violats this policy. In fulfilling th dual tasks of ducating and providing public srvic, th Univrsity can, and shall, dmonstrat ladrship in liminating sxual harassmnt and prvnting its rcurrnc. Sxual harassmnt subvrts th mission of th Univrsity and thratns th carrs of studnts and mploys. It is a violation of Titl VII of th Civil Rights Act of 1964; Titl IX of th Educational Amndmnts of 1972; and th Nw Mxico Human Rights Act, NMSA 1978, Sctions to , , to Dfinition Sxual harassmnt, a form of sx discrimination, is dfind as unwlcom conduct of a sxual natur. Thr ar two typical typs of sxual harassmnt: quid pro quo and hostil nvironmnt. Conduct of a sxual natur bcoms a violation of this policy whn: submission to such conduct is mad ithr xplicitly or implicitly a trm or condition of an individual's mploymnt or acadmic advancmnt (quid pro quo); submission to or rjction of such conduct by an individual is usd as th basis for mploymnt dcisions or acadmic dcisions affcting such individual (quid pro quo); or such conduct has th purpos or ffct of unrasonably intrfring with an individual's work or acadmic prformanc or crating an intimidating, hostil, or offnsiv working or acadmic nvironmnt (hostil nvironmnt). Whil sxual harassmnt oftn taks plac in a situation of powr diffrntial btwn th prsons involvd, this policy rcognizs that sxual harassmnt also may occur btwn prsons of th sam Univrsity status: studnt-studnt, 5/22/2014

3 Policy 2730: Sxual Harassmnt:: Univrsity Policy I Th Univrsity ofnw Mxico Pag 2 of6 faculty-faculty, and staff-staff, or btwn prs. Additionally, th prohibition against sxual harassmnt applis rgardlss of th gndrs of th partis. Somtims harassrs targt a prson who has authority ovr thm. Harassrs can also b prsons who ar not mmbrs of th Univrsity community, such as contractors or visitors. Rgardlss of th sourc, th Univrsity dos not tolrat this kind of bhavior and th Univrsity is committd to maintaining an nvironmnt fr from sxual harassmnt. Sxual harassmnt is spcially srious whn it thratns rlationships btwn studnts and tachrs, or rlationships btwn suprvisors and thir subordinats. Through grads, wag incrass, rcommndations for graduat study, promotion, and th lik, a tachr or suprvisor can hav a dcisiv influnc on a studnt's or mploy's succss and futur carr at th Univrsity and byond Othr Violations Th Univrsity also disapprovs of conduct of a sxual natur which dos not ris to th lvl of th abov dfinition of sxual harassmnt but which has a dtrimntal, although limitd, impact on th work or acadmic nvironmnt. Th Univrsity strongly ncourags all prsons witnssing or xprincing such conduct to rport it (s Sction 3) so that th Univrsity can tak appropriat action. Such conduct may includ isolatd sxual rmarks, sxist commnts, gsturs, or inappropriat physical bhavior of a sxual natur. This could warrant rmdial action in ordr to prvnt such bhavior from bcoming unlawful harassmnt Exampls of Sxual Harassmnt Listd blow ar xampls of bhavior that can constitut sxual harassmnt. Th list is not all-inclusiv; in addition, ach situation must b considrd in light of th spcific facts and circumstancs to dtrmin if harassmnt has occurrd. Suggstiv or obscn lttrs, nots, invitations Elctronic communications, such as -mail, txt mssaging, and Intrnt us, that ar sxual in natur Unwlcom sxual joks or commnts (including favorabl commnts about somon's gndr, body, or apparanc) Impding or blocking movmnts, touching, or any physical intrfrnc or stalking Sxually orintd gsturs; or displaying sxually suggstiv or drogatory objcts, picturs, cartoons, or postrs Thrats or insinuations that rfusal to provid sxual favors will rsult in rprisals; withholding support for appointmnts, rcommndations, promotions, or transfrs; or chang of assignmnts or poor prformanc rviws or grads Sxual or gndr-basd violnc, including, but not limitd to, rap, sxual assault, sxual battry, and sxual corcion In dtrmining whthr th allgd conduct constituts sxual harassmnt, th totality of th circumstancs will b considrd, including th frquncy of th discriminatory conduct; its svrity; and whthr it is physically thratning, humiliating, or prvasiv to th nvironmnt. Whn th Univrsity dtrmins that a hostil nvironmnt xists, it taks action to stop th harassmnt and nsur it dos not happn again. In som cass, a singl incidnt (such as sxual assault) may b so svr as to crat a hostil nvironmnt. Such incidnts may includ injury to prsons or proprty, or conduct thratning injury to prsons or proprty. In othr cass, th conduct at issu is offnsiv, but not sufficintly svr, prsistnt, or prvasiv as to constitut a hostil 5/22/2014

4 Policy 2730: Sxual Harassmnt:: Univrsity Policy I Th Univrsity of Nw Mxico Pag 3 of6 work or larning nvironmnt. In such cass, th Univrsity gnrally taks action to stop th offnding bhavior in an ffort to promot a rspctful nvironmnt and avoid th possibility that a hostil nvironmnt will dvlop. In cass of allgd harassmnt, th protctions of th First Amndmnt must b considrd if issus of spch or xprssion ar involvd. Fr spch rights apply in th classroom and in all othr ducation programs and activitis. This policy is intndd to protct studnts and mploys from discrimination, not to rgulat th contnt of spch Intrim Masurs Th Univrsity may also implmnt intrim masurs or intrvntions, as appropriat to th allgations and if th allgations warrant, to protct th community and studnts involvd, pnding th culmination of any rviw, invstigation, or appal procss. If th rviw, invstigation or appal procss dtrmins that thr is no caus to bliv this policy has bn violatd, ths intrim masurs may b rvokd. 3. Rporting Procdurs Prsons who bliv thy may hav xprincd sxual harassmnt may rport th incidnts to any of th following: Offic of Equal Opportunity (OEO) Dan of Studnts Human Rsourcs Ombudsprson (Th Ombudsprson srvs as a rsourc for discussing concrns and Univrsity procsss; rports to th Ombudsprson ar confidntial and ar not shard with Univrsity officials or othr dpartmnts) thir suprvisor or managr dirctor, chair, or dan of a dpartmnt, school, or collg Intrnal Audit UNM Complianc Hotlin (call may b anonymous, but doing so may limit a prson's protction from rtaliation and th Univrsity's ability to conduct a full invstigation) Th Univrsity can tak corrctiv action only whn it bcoms awar of problms. Thrfor, th Univrsity ncourags prsons who bliv that thy hav xprincd or witnssd discrimination or harassmnt as prohibitd by this policy to com forward promptly with thir inquiris, rports, or complaints and to sk assistanc within th Univrsity. Individuals also hav th right to pursu a lgal rmdy for discrimination or harassmnt that is prohibitd by law, in addition to or instad of procding undr this policy. Th Univrsity will handl discrimination and harassmnt complaints undr this policy consistnt with procdural guidlins dvlopd to nsur prompt and quitabl rsolution of such complaints. Th mattr will thn procd to invstigation or othr form of ffctiv and fair rviw. Th invstigation or rviw may b prformd by OEO, or jointly with anothr offic, as dtrmind by OEO. Possibl outcoms of an invstigation ar (1) a finding that th allgations ar not warrantd or could not b substantiatd, (2) a finding that th allgations ar substantiatd and constitut discrimination or inappropriat bhavior and, if so, (3) rfrral to th appropriat administrativ authority for corrctiv action Rporting Rsponsibility 5/22/2014

5 Policy 2730: Sxual Harassmnt:: Univrsity Policy/ Th Univrsity ofnw Mxico Pag 4 of6 Univrsity faculty, administrators, and suprvisors who witnss or rciv a writtn or oral rport or complaint of sx discrimination, sxual harassmnt, or sxual violnc ar rquird to ngag in appropriat masurs to prvnt violations of this policy and promptly notify OEO, including notification of any actions takn to achiv informal rsolution of th complaint. Th Univrsity rlis on its mploys to notify th Univrsity's Titl IX Coordinator of all disclosurs of sx discrimination, sxual harassmnt, and sxual violnc against studnts. Furthr, if a suprvisor fails to tak action whn h or sh knows, or rasonably should hav known, that a studnt or a subordinat mploy is bing subjctd to sxual harassmnt, that suprvisor could b hld in violation of this policy. Th Univrsity ncourags rporting of all known or suspctd unwlcom conduct of a sxual natur. This sction of th policy dos not obligat an individual who is rquird by profssional or Univrsity rsponsibilitis to kp crtain communications confidntial (.g., licnsd halthcar profssional) to rport confidntial communications rcivd whil prforming thos Univrsity rsponsibilitis Rporting Sxual Violnc In addition to violating Titl IX and Univrsity policy, som forms of sxual harassmnt may constitut criminal activity. Th Univrsity ncourags individuals who hav xprincd unwlcom sxual bhavior that involvs sxual violnc or thratning bhavior to contact th UNM Polic Dpartmnt ( ) or local law nforcmnt agncis (911 ), as soon as possibl aftr th offns occurs in ordr to prsrv vidnc ncssary for th proof of criminal offnss. Th UNM Polic Dpartmnt is availabl to assist victims in filing rports with othr ara law nforcmnt agncis. Prsons who xprinc sxual violnc may participat concurrntly in a criminal procss and Univrsity procss to sk rdrss. 4. Confidntiality Th Univrsity rcognizs that individuals hav a right to privacy; howvr, th Univrsity also has an obligation to addrss concrns and inquiris, as wll as to invstigat and rsolv civil rights claims. Thrfor, th Univrsity cannot guarant anonymity to prsons raising concrns. Th Univrsity may not b abl to fully addrss allgations rcivd from anonymous sourcs or thos rqusting anonymity, unlss sufficint information is furnishd to nabl th Univrsity to conduct a maningful and fair invstigation. All complaints will b handld in a confidntial mannr to th xtnt possibl and consistnt with principls of du procss. Information will only b shard among Univrsity mploys or xtrnal partis on a nd-to-know basis and as prmittd undr Univrsity policy and applicabl fdral and stat law. All participants involvd with an intrnal discrimination or harassmnt invstigation hav a strict duty to kp invstigation information confidntial. Any attmpt by any participant to influnc th outcom of an invstigation by divulging information to othrs (who hav no lgitimat "nd to know") is grounds for disciplinary action. Prsons may rqust anonymity whn rporting sxual harassmnt. OEO will valuat th anonymity rqust in th contxt of th Univrsity's rsponsibility to provid a saf and nondiscriminatory work and larning nvironmnt. OEO will striv to abid by a complainant's rqust for anonymity. Howvr, whn complainants continu to insist that thir idntity not b disclosd to th namd rspondnt or allgd harassr, th complainant will b advisd that an in-dpth invstigation might not b possibl, dpnding on th circumstancs prsntd in th claim. Whil not routinly don, OEO rsrvs th right to disclos a prson's idntity whn absolutly ncssary to fulfill th Univrsity's obligations undr anti-discrimination laws and rgulations or whn lgally rquird to do so. 5. Rtaliation It is th policy of th Univrsity to fostr an nvironmnt whr faculty, staff, and studnts may rais civil rights claims /policy. unm.du/univrsity-policis/2000/2730.html 5/22/2014

6 Policy 2730: Sxual Harassmnt:: Univrsity Policy I Th Univrsity ofnw Mxico Pag 5 of6 without far of rtaliation or rprisal. All mmbrs of th Univrsity community hav a right to rdrss for prcivd violations of this policy. It is contrary to fdral and stat civil rights laws, and to Univrsity policy, to rtaliat against any prsons for assrting thir civil rights, which includs raising concrns rlatd to civil rights, rporting to any of th offics listd abov (Sction 3), filing a claim of discrimination or harassmnt. or participating as a witnss in an invstigation rlatd to an allgation of discrimination or harassmnt. Studnts and mploys who bliv that rtaliation was thratnd, attmptd, or occurrd du to thir tstifying, assisting, or participating in an invstigation rlatd to an allgation of discrimination and or harassmnt should rport th rtaliation to any of th offics listd abov (sction 3). An mploy or studnt who rtaliats against a prson for raising or filing a discrimination or harassmnt complaint or for sking assistanc from OEO may b subjct to disciplinary action. 6. Providing Fals Information Bcaus of th natur of discrimination, harassmnt, or rtaliation complaints, allgations oftn cannot b substantiatd by dirct vidnc othr than th complaining individual's own statmnt. Lack of corroborating vidnc should not discourag individuals from sking rlif undr this policy. No advrs action will b takn against an individual who maks a good faith allgation of discrimination, harassmnt, or rtaliation undr this policy, vn if an invstigation fails to substantiat th allgation. Notwithstanding this provision, th Univrsity may disciplin mploys or studnts whn it has bn dtrmind that thy brought an accusation of discrimination or harassmnt in bad faith or with rcklss disrgard of th truth or falsity of th claim. Additionally, anyon participating in an invstigation who intntionally misdircts an invstigation, whthr by falshood or omission, may b subjct to disciplinary action. 7. Rlatd Policis and Rsourcs 7.1. Policis Rgnts Policy 2.3 ("Equal Opportunity and Affirmativ Action for Employs and Studnts") Rgnts Policy 2.5 ("Sxual Harassmnt") UAP 2200 ("Whistlblowr Protction and Rporting Suspctd Misconduct and Rtaliation") UAP 2310 ("Acadmic Adjustmnts for Studnt with Disabilitis") UAP 2720 ("Equal Opportunity, Non-Discrimination, and Affirmativ Action") UAP 3110 ("Rasonabl Accommodation for Employs with Disabilitis") UNM Studnt and Visitor Cod of Conduct 7.2. Rsourcs Accssibility Rsourc Cntr Offic of Equal Opportunity 5/22/2014

7 Policy 2730: Sxual Harassml:: Univrsity Policy/ Th Univrsity liw Mxico Pag 6 of6 Discrimination Claim Procdurs Dan of Studnts Campus Polic Cntr for Acadmic Program Support Counsling. Assistanc. and Rfrral Srvic Ombuds/Disput Rsolution Srvics for Faculty Ombuds/Disput Rsolution Srvics for Staff Studnt. Halth. and Counsling Womn's Rsourc Cntr Rap Crisis Cntr of Nw Mxico Nw Mxico Coalition Against Domstic Violnc Th Univrsity of Nw Mxico, Albuqurqu, NM 87131, (505) Nw Mxico's Flagship Univrsity /policy. unm.du/univrsity -po licis/2000/ html 5/22/2014