| 2.01 |
Sexual
Harassment Defined
| a. |
In Employment. The Illinois
Human Rights Act, as well as regulations issued by the federal Equal Employment
Opportunity Commission, define "sexual harassment" as any unwelcome sexual
advances or requests for sexual favors or any conduct of a sexual nature
when (1) submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; (2) submission to or rejection
of such conduct by an individual is used as the basis for employment decisions
affecting such individual; or (3) such conduct has the purpose or effect
of substantially interfering with an individual's work performance or creating
an intimidating, hostile or offensive working environment.
|
| b. |
In Relation to
Students. The Illinois Human Rights Act specifically prohibits in higher
education any unwelcome sexual advances or requests for sexual favors made
by a higher education representative to a student. It also prohibits any
conduct of a sexual nature exhibited by a higher education representative
toward a student, when such conduct has the purpose of substantially interfering
with the student's educational performance or creating an intimidating, hostile
or offensive educational environment.
A higher education
representative may not either explicitly or implicitly make the student's
submission to such conduct a term or condition of, or use the student's
submission to or rejection of such conduct as a basis for determining admission
to an institution of higher education, courses, fields of study or programs,
including honors and graduate programs; educational performance requirements
or expectations; attendance or assignment requirements; placement or course
proficiency requirements; quality of instruction; tuition or fee requirements;
scholarship opportunities; membership on extracurricular teams or participation
in extracurricular competitions; grades in any examination or in any course
or program of instruction; progress toward successful completion of or graduation
from any course or program of instruction; or what degree, if any, the student
will receive.
For purposes of this
definition, "higher education representative" means any administrator, a
member of the faculty or anyone else providing instruction including graduate
assistants.
|
|
| 2.02 |
Recognizing
Sexual Harassment
Sexual harassment is
unsolicited, offensive behavior that inappropriately asserts sexuality over
status as a student or employee. When it occurs in the classroom or in the
workplace, sexual harassment can threaten a person's academic status and/or
economic livelihood. Sexual harassment takes many different forms, and its
victims are primarily, but not exclusively, women.
Examples of verbal sexual
harassment include sexual innuendo, suggestive comments, insults, humor and
jokes about sex or gender-specific traits, sexual propositions, and threats.
Non-verbal harassment includes suggestive or insulting sounds, leering,
whistling, and obscene gestures. Physical sexual harassment includes touching,
pinching, brushing the body, assault, and coerced sexual contact including,
but not limited to intercourse.
|
| 2.03 |
Dealing
with Sexual Harassment
Awareness of rights and
responsibilities is the basis for establishing standards. Therefore, this
policy will be published in the faculty, staff, and student handbooks. A
summary will be included in faculty, staff, and student orientation materials.
Also, a copy of the policy will be available at offices on campus, including
the offices of Student Affairs on Main Campus, the office of Academic
Administration and Student Affairs on Downtown Campus, Associate Vice Presidents
for Main Campus or for Downtown Campus, the Vice Presidents for Main Campus
and for Downtown Campus, and Human Resources. Human Resources will develop
and conduct workshops for persons who are likely to receive complaints. Academic
and administrative departments are encouraged to provide workshops for their
constituencies.
Human Resources will develop
workshops designed to increase the sensitivity and alter the behavior of
those who do not conduct themselves in compliance with this policy. Participation
may be mandatory if it is an element in the settlement of a
complaint.
| a. |
Possible Individual Actions Other
than Complaint. In circumstances where it would not jeopardize personal
safety, job status or academic status, a person subjected to unwelcome attention
should communicate clearly to the offender that the behavior is not welcome
and should cease immediately.
An effort should be made
to determine whether other students or co-workers have been harassed. Together,
complainants are in a stronger position to cope with the situation and the
offender.
Advice on how to deal
with the situation should be sought from the Associate Vice Presidents for
Main Campus or for Downtown Campus or the Director of Human
Resources.
|
| b. |
Making a Complaint. A complaint
alleging violation of the policy prohibiting sexual harassment may be filed
by any person who has been the subject of such harassment. The privacy of
complainants and those accused of violating this policy shall be protected
throughout proceedings to the extent possible. Upon motion of any party,
at any time during the proceedings, meetings and hearings shall be closed.
All reasonable measures will be taken to assure that no one involved in any
complaint, investigation, or remedy shall suffer retaliation as a result
of the proceedings.
Except for informal complaints
in which the complainant elects to take no action beyond consultation, all
parties involved in the complaint shall be informed of the content and status
of the complaint and shall be given the opportunity to respond. No actions
shall be initiated without the consent of the
complainant.
|
| c. |
Informal consultation and
resolution. Members of the university community who believe they have
been subjected to sexual harassment as defined in this policy are encouraged
to seek counsel, as appropriate, of faculty members, residence hall advisers,
chairmen, deans, supervisors, department heads or administrative officers
of the university. The office of Student Affairs on Main Campus or the office
of Academic Administration and Student Affairs on Downtown Campus, Human
Resources, the Counseling Center and the Associate Vice Presidents for Main
Campus or for Downtown Campus are particularly appropriate.
The person from whom counsel
has been sought will review the options available under this policy and,
at the complainant's request, may help complainant to resolve the matter
informally. Should informal resolution not be possible, the person from whom
counsel has been sought should assist in drafting a formal complaint or should
refer the complainant to another member of the university community capable
of providing this assistance. If the person from whom counsel is sought feels
incapable of dealing with the matter, he or she should refer the complainant
promptly to an appropriate person capable of assisting the complainant. The
person alleged to have violated this policy will not be informed of the
allegation without the consent of the complainant until and unless requested
to assist in informal resolution of the allegation or a decision is made
to submit a formal complaint.
|
| d. |
Investigation Prior to Formal
Action. Formal complaints should be filed with the Associate Vice Presidents
for Main Campus or for Downtown Campus who will consult with the appropriate
administrative officers to determine the method by which a preliminary
investigation will be conducted. The purpose of the preliminary investigation
is to establish whether there is a reasonable basis for believing that a
violation of this policy occurred. The preliminary investigation will afford
the accused notice of the allegations and ample opportunity to respond. The
investigator(s) shall interview the complainant, the accused, and any other
person believed to have pertinent factual knowledge, taking precautions to
insure confidentiality throughout.
At the close of the
preliminary investigation, the investigator(s) shall prepare a summary statement
of findings. Possible outcomes include a) a judgment that the allegations
are not founded; b) a negotiated settlement of the complaint; c) a recommendation
for formal action. The investigator(s) and the parties involved shall sign
the statement, and copies will be provided to the parties and to the Associate
Vice Presidents for Main Campus or for Downtown Campus.
|
| e. |
Formal Action. Upon receipt
of a recommendation for formal action, the Associate Vice Presidents for
Main Campus or for Downtown Campus will review the report of the preliminary
investigator with the appropriate administrative official defined below:
a) when a faculty member, graduate assistant, or other teacher has been charged,
the Vice Presidents for Main Campus or for Downtown Campus or that person's
designee; b) when a staff member has been charged, the Director of Human
Resources or that person's designee; c) when a student has been charged,
the office of Student Affairs on Main Campus or the office of Academic
Administration and Student Affairs on Downtown Campus or that person's designee.
Changes in the administrative structure may require revisions in the assignment
of administrative officers above.
Cases involving faculty
members will be governed by the Procedures for Hearing Faculty Grievances
(Faculty Handbook); those involving student violations will be governed by
the provisions for action by the Committee to Hear Student Grievances (in
the Student Handbook); those involving staff will be handled by a hearing
panel appointed by the Director of Human Resources.
Efforts shall be made
by the appropriate hearing panel to resolve the matter before it. At the
close of the hearings, the panels shall prepare a summary stating whether
or not a violation is determined. Recommendation for remedies may include,
but are not limited to, mandatory workshop participation, therapy, reprimand,
apology, suspension or termination of the offender subject to established
university procedures. If there are findings of frivolous or malicious
allegations, they will be addressed by the panel and recommendations for
remedy shall be made.
In extraordinary
circumstances, the Vice Presidents for Main Campus or for Downtown Campus
or President, in consultation with the Chair of the Faculty Council at any
time during the proceedings suspend a member of the university community
from participation in activities where there is cause to believe that serious
and immediate harm to others will ensue.
The findings of hearing
panels shall be submitted to the appropriate officers of the university as
follows: instances involving faculty shall be reported to the Vice Presidents
for Main Campus or for Downtown Campus; those involving students to the office
of Student Affairs on Main Campus or the office of Academic Administration
and Student Affairs on Downtown Campus; those involving staff to the Director
of Human Resources. The final decision on remedies shall be made by the
appropriate officer and shall be reported to the hearing panel and the parties
involved. |
|
