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AMERICAN
UNIVERSITY
SEXUAL HARASSMENT POLICY
(adapted from the Faculty Manual currently
in force)
American
University community values the individual's right
to live, work, and study without fear of intimidation,
coercion, or exploitation. Sexual harassment creates
an environment, which is intolerable and incompatible
with the mission and goals of the university.
Sexual harassment is a form of discrimination
and is illegal.
Sexual
harassment is defined as unwelcome sexual advances,
requests for sexual favors, and other verbal or
physical conduct of a sexual nature. Such harassment
is personal. What may be perceived as sexual harassment
by one person may not be so perceived by another.
Sexual harassment can range from sexual humor
and innuendo to physical threats and sexual assaults.
It includes: direct or subtle pressure for sexual
activity; physical aggression, such as pinching
or patting; sexist jokes or remarks; obscene gestures
or comments; unwelcome brushes or touches; inappropriate
sexual innuendo; sexual assault.
This
definition of sexual harassment is not meant to
restrict academic freedom as described in Section
4 of the Faculty Manual and it applies
to language, activities, and actions inappropriate
to the content of a course or other academic activity.
The
Sexual Harassment Project Team was established
to assist in preventing and addressing problems
of sexual harassment campus-wide; to provide information
and education on sexual harassment and related
university policies to members of the campus community;
to serve as primary contacts for members of the
community who believe they have experienced sexual
harassment and wish to report it or wish further
information; to refer reports of sexual harassment
to the proper channels for investigation; and
to develop and review materials regarding sexual
harassment as required.
The
university provides three options for reporting/assistance,
any of which may be accessed. (1) information
and referral, in which a person may meet confidentially
with any member of the SHPT; (2) informal complaint,
in which a person may want some form of action
other than a formal grievance. Such a complaint
is made to the dean of academic affairs if the
complaint is against a faculty member, the executive
director of Human Resources if the complaint is
against a member of the staff, or the dean of
students/Title IX officer if the complaint is
against a student; (3) formal complaint, in which
a formal charge of sexual harassment is initiated.
The same contacts would be made as for an informal
complaint.
1.
Informal Complaint of Sexual Harassment made
against a faculty member or an individual carrying
out teaching responsibilities
In
such cases, usually, the dean of academic affairs
will meet individually with the complainant
and respondent and any other parties that the
dean deems appropriate in an attempt to come
to an informal resolution.
2.
Formal Complaint of Sexual Harassment made against
a faculty member or an individual carrying out
teaching responsibilities.
First,
the dean of academic affairs or designee will
conduct an inquiry to determine whether the charge
appears to have merit. The dean will discuss the
matter with the complainant and respondent and
any other parties that the dean deems appropriate.
This stage will be completed within three weeks
of the receipt of the complaint by the dean of
academic affairs, except when the university is
not in fall and spring session.
Second,
if the dean of academic affairs or designee concludes
that there are sufficient grounds for the complaint,
the dean will initiate a hearing in accordance
with the Disciplinary Procedures of section 19e
of the Faculty Manual.
If
the dean of academic affairs or designee concludes
that the complaint is not supported by sufficient
evidence, the dean of academic affairs will submit
recommendations in a report to the provost who
may affirm, modify, or refer the case in accordance
with the Disciplinary Procedures in section 19
of the Faculty Manual.
In
either case, the provost’s decision is final.
It
should be noted that filing an informal or formal
complaint of sexual harassment is a protected
activity. Retaliation against anyone who files
a complaint, who supports or assists an individual
in pursuing a complaint, or who participates in
the resolution of a complaint is prohibited. Any
retaliatory action may be the basis of another
complaint under this policy.
All
reports or complaints of sexual harassment will
be kept confidential, except that individuals
with a legitimate need to know will be informed
of the complaint in order for the university to
conduct a meaningful review of each complaint
and for the purpose of determining whether the
complaint is isolated, frequent, part of a pattern
of practice, or pervasive. All records are confidential
with access only to individuals with a legitimate
need to know.
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