Policies and
Procedures Manual
|
Subject of Policy Statement |
Effective Date |
Policy Number |
|
|
Diversity and Equal
Opportunity: Sexual Harassment |
Rev: 06/12/07 |
0-008 |
I. INTRODUCTION (Purpose and Intent)
The
Discrimination and harassment on the basis of
race, color, marital status, sex, religion, national origin, disability, age,
sexual orientation, or military status are also prohibited at USF. Please see USF Policy Number 0-007, Diversity and Equal Opportunity:
Discrimination and Harassment.
II. DEFINITIONS
A.
Sexual Harassment
Sexual harassment means unwelcome sexual advances,
requests for sexual favors and other verbal or physical 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 or
education experience;
2. Submission to or rejection of such
conduct by an individual is used as the basis for employment or educational
decisions affecting such individual; or
3.
Such conduct
is sufficiently severe or pervasive so as to alter the conditions of, or have
the purpose or effect of substantially interfering with, an individual's work
or academic performance by creating an intimidating, hostile, or offensive
working or educational environment.
Harassment does not include verbal expression,
written or other material that is relevant and appropriately related to the
subject matter of a course/curriculum or to an employee's duties. This policy is not intended to abridge
academic freedom or USF's educational mission.
Furthermore, this policy is not violated by actions that amount to
expression that is protected by the state or federal constitutions.
B. For purposes of this Policy only, the
term “employee” includes, but is not limited to: academic administrators; all
faculty; Administration employees; Staff
employees; Temporary employees; or any other
employee classifications that may be developed by the Florida Board of
Governors or University Board of Trustees.
C. For
purposes of this Policy only, the term “student” includes, but is not limited
to, any individual who is enrolled in any program of study, or enrolled in any
course offered or sponsored by USF, whether for credit or not, or engaged in
any USF student activity.
III. STATEMENT OF POLICY
A.
The Following Actions Are Prohibited:
1.
Sexual harassment by or between any faculty member, staff or student,
including individuals of the same sex.
2.
Sexual harassment by any faculty member, staff or student while assigned
to duties or academic programs at USF (regardless of their work location)
against any individual who is not a faculty member, staff or student, including
applicants for admission or employment.
3.
Sexual harassment by any vendor or individual external to USF against
any faculty member, staff or student during the transaction of business with
USF and/or while on University premises.
4.
Retaliation by any faculty member, staff or student against any
individual who, in good faith, has made any allegation of sexual harassment, or
who has testified, assisted, or participated in any way in any investigation,
proceeding, or hearing conducted under this policy or any federal or state law.
5.
Knowingly making false
accusations or allegations of sexual harassment, or knowingly making false
statements regarding alleged sexual harassment in any investigation,
proceeding, or hearing conducted under this policy or any federal or state law.
B. Examples of Prohibited Conduct Include, but
Are Not Limited To:
1. Displaying
or telling sexually oriented jokes, statements, photographs, drawings, computer
images, web sites, videos, slides, graphics, calendars, cartoons, e-mails or
other communications.
2. Making
sexually explicit or suggestive gestures or sounds.
3. Making
actual or implied promises of an employment or educational opportunity or
benefit in exchange for sexual activity.
4. Making
actual or implied threats to impede or interfere with employment or educational
opportunities or benefits for failing to agree to or engage in sexual activity.
5. Inappropriate
and unwelcome sexual attention or touching, including but not limited to:
leering, patting, fondling, pinching, and attempted or actual kissing.
6. Requesting
or coercing sexual intercourse or sexual favors, or attempting to or actually
engaging in a sexual assault.
7. Continuing
to ask someone for a date after being told "no."
8. Continuing
any of the conduct listed in the above examples after being told or being
otherwise made aware that the conduct is unwelcome.
Prohibited conduct does not include verbal
expression, written or other material that is relevant and appropriately
related to the subject matter of a USF course/curriculum or to an employee's
duties.
C.
Potential Participants in a Sexual
Harassment Situation Include, but Are Not Limited To:
|
o
Faculty -
Faculty o
Faculty -
Students o
Faculty -
Staff o
Teaching
Assistant - Student o
Supervisor
- Employee |
o
Administrator
- Faculty Member o
Administrator
- Staff Member o
Staff Member/Administrator–
Student o
Staff
Member - Staff Member o
Student -
Student |
D.
Consensual Amorous or Sexual Relationships:
USF strives to create and maintain a professional,
collegial environment for work and study.
Professional and collegial relationships are based on mutual respect and
trust. When persons in positions of
unequal power engage in amorous or sexual relationships they should be aware
that they may be at risk of being accused of sexual harassment, either during
the relationship or after the relationship ends, or being accused of having a
conflict of interest. For additional
information concerning conflicts of interest, please refer to Ch. 112, Part
III, Florida Statutes, the applicable collective bargaining agreement, Board of
Governors Rules/Regulations and USF Regulations.
USF recognizes that consensual, amorous or sexual
relationships between two people of unequal position or power (e.g., between a
supervisor and an employee, faculty member and student, or staff member and
student) may become exploitative or lead to charges of sexual harassment.
Accordingly, USF has adopted a policy governing consensual relationships
(Policy No. 1-022-Consensual
Relationships 6/3/05).
E.
Cooperation:
All
employees and students are to cooperate fully with any investigation and/or
compliance review conducted under this policy.
Failure to do so may result in disciplinary action for just cause, up to
and including termination of employment and/or expulsion from the University.
IV. HOW TO FILE COMPLAINTS OR ALLEGATIONS
REGARDING SEXUAL HARASSMENT
A.
In order
to file a complaint with the University, an individual must submit such
complaints or allegations of sexual harassment to the Diversity and Equal
Opportunity Office (“DEO”). DEO is
responsible for investigating sexual harassment complaints/allegations. A full copy of the procedures used to conduct
any investigation is available in DEO, ADM 172, 813-974-4373 or on the website
of DEO. (These procedures may be changed
without affecting any term of this Policy.)
The confidentiality and privacy of all parties involved during the DEO
investigative process will be maintained to the fullest extent possible. Information will be shared with only those
who have a legitimate need to know.
This policy does not prevent a person from telling
the individual whose actions he or she finds offensive that such behavior or
conduct must stop and/or that it is unwelcome.
B. Who Should
Report To DEO Under USF's Policy:
1. The person who believes he/she has been
sexually harassed; or
2. Any student, faculty member or staff member
who has direct or indirect knowledge of the alleged sexual harassment.
C. Who Must Report To DEO Under USF’s
Policy:
1. Supervisory employees are required to
promptly report (either verbally or through written communications)
allegations, reports or instances of sexual harassment by or against any
University employee(s), student(s) or group(s) to DEO. Failure to do so may result in disciplinary
action, up to and including termination of employment.
2.
Supervisory employees
are any administrative personnel or any employee who supervises one (1) or more
individual employees and may include, but is not limited to: Deans, Directors,
Department Chairs, Coordinators, Unit Heads, Managers, and Principal
Investigators.
3. Supervisors, with respect to students,
include all of the positions listed in paragraph IV.C.2.; all members of the
faculty; and graduate students with instructional responsibilities when they
are supervising or teaching the student(s) who is (are) complaining about
possible sexual harassment.
D. A
person who believes that he/she has been sexually harassed should report the
incident as soon as possible. A formal
complaint must be filed within one hundred twenty (120) days of the incident(s)
with DEO.
E. If an individual chooses to appeal a decision
rendered by DEO, such appeal shall be filed in accordance with DEO’s procedure.
F. Filing an internal charge of sexual harassment
with the University does not preclude filing complaints with external agencies
and does not affect any deadlines that may be imposed by any agency external to
the University. The following agencies
are available to take such complaints:
1.
2.
3.
Office of
Federal Contract Compliance Programs,
4.
|
Ted
Williams Judy
Genshaft |