POLICY on Sexual Harassment
(Revised July, 1994)
Iowa State University reaffirms and emphasizes its commitment to provide a professional working and learning environment that is fair and responsible; that supports, nurtures, and rewards educational and employment growth on the basis of relevant factors such as ability and performance; and that is free of discriminatory, inappropriate, and disrespectful conduct or communication. Sexual harassment threatens this environment in that it compromises institutional integrity and corrupts traditional academic values. Equally important, sexual harassment inhibits the individual's ability to function effectively as a student or employee and violates acceptable standards of interrelationships. For these reasons, the university will not tolerate sexual harassment and will make every effort to eliminate it if it appears.
The primary goal of the university's policy prohibiting sexual harassment is to prevent the objectionable behavior or stop it whenever it occurs. The policy is consistent with federal statutes that prohibit sex discrimination against employees and that require equal and fair treatment of students. Thus, the policy presented here applies to students as well as to employees. All employees, including faculty, staff, graduate assistants, and administrators are expected to comply with this policy.
University Responsibilities
Iowa State University--including its officers and its employees--is responsible for maintaining a working and learning environment free from sexual harassment. The administration is responsible for making widely known that sexual harassment is prohibited both legally and by this policy, and that appropriate procedures for dealing with allegations of sexual harassment are available. Students, staff, faculty, and administrators should know that the university is concerned about such behavior and is prepared to take preventive and corrective action, and also that individuals who engage in such misconduct are subject to appropriate disciplinary action, which may range from reprimand to suspension or dismissal. The severity of the action depends on the severity, frequency, or repetition of the violation.1
University administrators who do not respond to sexual harassment complaints brought to their attention are in violation of this policy.
Reprisal or retaliation against an individual for making a complaint of sexual harassment, or for using or participating in the informal or formal complaint process, is a violation of university policy, and any such action is cause for disciplinary action.
Definition of Sexual Harassment
Sexual harassment is a form of sex discrimination that is illegal under Title VII of the Civil Rights Act of 1964 for employees, under Title IX of the Education Amendments of 1972 for students, and under Iowa law. Retaliation against an individual for making a complaint of sexual harassment is also considered to be sex discrimination and is therefore likewise illegal.
Sexual harassment, in its legal definition, includes unwelcome sexual advances, requests to engage in sexual conduct, and other physical and expressive behavior of a sexual nature where (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; (2) submission to or rejection of such conduct by an individual is used, or threatened or suggested to be used, as the basis for academic or employment decisions affecting the individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile, or demeaning employment or academic environment. Determination as to whether the alleged conduct constitutes sexual harassment should take into consideration the totality of the circumstances, including the context in which the alleged incidents occurred.
Consistent with the university's intent to provide an atmosphere conducive to education and professional activities, this policy covers those activities which, although they do not in and of themselves meet the legal definition of sexual harassment, are inappropriate in professional settings or circumstances. Interpretation of this policy will give due consideration to the principles of academic freedom and freedom of speech.
Under this policy, sexual harassment can be verbal, visual, or physical. It can be overt, as in the suggestion that a person could get a higher grade or a raise in salary by submitting to sexual advances. The suggestion or the advance need not be direct or explicit--it can be implied from the conduct, circumstances, and relationships of the persons involved. Sexual harassment can also consist of persistent, unwelcome attempts to change a professional or academic relationship to a personal one. It can range from unwelcome sexual flirtations and inappropriate put-downs of individual persons or classes of people to serious physical abuses such as sexual assault. Examples include, but are not limited to, unwelcome sexual advances; repeated sexually-oriented kidding, teasing, joking, or flirting; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess, or sexual deficiencies; derogatory or demeaning comments about women or men in general, whether sexual or not; leering, touching, pinching, or brushing against another's body; or displaying objects or pictures which are sexual in nature and which create a hostile or offensive work or living environment.
Sexual relationships between persons in an unequal power relationship that appear to be voluntary and welcome may nonetheless constitute sexual harassment under this definition. Relationships between faculty and subordinate faculty or staff, between a supervisor and those employees whom he or she supervises, or between a faculty member or teaching assistant and a student may give rise to legal and ethical concerns or to conflict between personal and professional interests.
Although such a relationship may be viewed by the parties involved as consensual, that fact alone does not mean that no sexual harassment exists.Although consensual relationships per se do not necessarily constitute sexual harassment, such relationships may give rise to claims of sexual harassment where (1) third parties are adversely affected in academic or employment matters because of a consensual relationship between others; (2) where a consensual relationship creates a hostile and intimidating work or learning environment for third parties; or (3) when a consensual relationship ends, and one of the parties continues behavior which the other party has made clear is now unwelcome.
Complaint Resolution Procedures
Iowa State University has established both formal and informal procedures to resolve sexual harassment complaints. Anyone who believes that he or she has been subjected to sexual harassment should make this known to appropriate university personnel (described below) so that the behavior can be evaluated and appropriate action taken. Usually, complaints are most effectively addressed at the earliest possible stage. Although not required, persons who have been subjected to sexual harassment are encouraged to inform the instigator, through either verbal or written communication, that the behavior is unwelcome and should cease. The resolution procedures described below, if invoked, will be implemented with discretion and sensitivity, giving careful consideration to the rights of all parties to due process and confidentiality.
Harassment complaints are best resolved if addressed early. The university urges those who have complaints to bring them forward as soon as possible. As time passes, it becomes more difficult to investigate and resolve complaints. In addition, there are time limitations for filing external complaints with state and federal agencies.
Students and employees may obtain information about the university's sexual harassment policy and resolution procedures from several offices. Students may obtain information from the Dean of Students Office, the Student Counseling Service, and the Women's Center; employees may obtain information from the Employee Assistance Program, the Women's Center, and the Affirmative Action Office.
How To Initiate a Complaint
Anyone who believes that she or he has been subjected to sexual harassment may elect to proceed informally by bringing the complaint directly to the attention of an appropriate administrator, or by filing a formal complaint with the Affirmative Action Office. As described below, the university has designated and trained certain individuals to assist a potentially injured person in deciding if and how to proceed and in carrying out that decision. An individual who elects initially to proceed informally may thereafter elect at any stage to file a formal complaint.
Confidentiality
Persons seeking general information or guidance about sexual harassment may be concerned about whether the information they share with another person will be confidential. While the university is eager to create a safe environment in which individuals can be unafraid to discuss concerns and make complaints, legal obligations may require the university to take some action once it is informed that sexual harassment may be occurring. Because of their positions of authority, university administrators--i.e., central administrators, deans, directors, department executive officers, and managers--are particularly obligated to take action when they receive a complaint of sexual harassment. Although the confidentiality of the information received and the privacy of the individuals involved cannot be guaranteed, they will be protected to as great an extent as is legally possible. The expressed wishes of the complainant regarding confidentiality will be considered in the context of the university's legal obligation to act upon the charge and the right of the charged party to be informed concerning the charge.
Assistors
The university has designated several offices to provide assistance through persons designated as Assistors to help anyone who believes she or he may have been subjected to sexual harassment or who wishes to make an inquiry concerning sexual harassment. Assistors have information about university policies and procedures and about options available for the resolution of complaints, but they are not responsible for resolving complaints. Lists of designated Assistors are available from the Dean of Students office, the Women's Center, and the Employee Assistance Program and may be found in the University Directory immediately following the section on "University Councils and Committees." The Assistor's functions include the following:
Providing information about sexual harassment and options for addressing it.
Informal Resolution
As noted earlier in this policy, the university's primary goal is to prevent or stop sexually harassing behavior whenever it occurs. Therefore, Iowa State University has adopted an informal process by which sexual harassment complaints may be resolved by mutual agreement between the complainant and the person accused of sexual harassment. If informal resolution fails to resolve the matter to the complainant's satisfaction, the complainant may file a formal complaint with the university's Affirmative Action Office. The implementation of this informal process is the responsibility of all central administrators, deans, directors, department executive officers, and managers - hereinafter referred to collectively as "administrators."
Under the informal process, the complainant brings the complaint, either verbally or in writing, to an administrator with authority over the person against whom the complaint is directed. The administrator is expected to review the complaint and explore avenues for resolution with the complainant. The university recognizes that it must balance the complainant's right of privacy and the need to be fair to the alleged offender by notifying him or her of the allegation. The administrator has the discretion to determine when the situation requires notification of an alleged offender. The administrator also has the discretion to determine whether the situation warrants a meeting, either with the complainant and the alleged offender both present or with the complainant and alleged offender separately. Finally, the administrator has the discretion to determine whether investigation of the complaint requires interviewing other persons who may have witnessed the behavior in question.
Administrators should attempt to resolve complaints expeditiously, but consistent with the severity or complexity of the matter. It is expected that the informal resolution process will be completed within three weeks after receipt of the complaint. Legal Services and the Affirmative Action Office are available for guidance in this process.
For purposes of annual reporting, the administrator shall maintain a written record of the complaint and of the informal resolution process undertaken, taking care to preserve the privacy rights of both the complainant and the alleged offender.
Formal Complaint
A student or employee who believes that she or he has been subjected to sexual harassment may file a formal complaint with the university's Affirmative Action Office (AAO). A formal complaint involves the submission of a written statement to the AAO describing the incident or incidents as completely as possible. Specific guidelines for the submission of a complaint may be obtained from the AAO, and the complainant may visit with a staff member of that office prior to filing a formal complaint. Once a complaint is filed with the AAO, it will be investigated by an AAO staff member.2 The person against whom the complaint is filed will be notified. The investigation will include interviews with the complainant or complainants, with the person against whom the complaint has been brought, and with anyone else who might have information that would be helpful. Based on this investigation, the AAO will submit findings of facts, as well as a recommendation with respect to appropriate action to resolve the complaint, to the unit administrator of the person against whom the complaint was filed. Any employee against whom disciplinary action is taken as a result of a formal complaint may appeal that action in accordance with the appeals procedure defined in the appropriate employee handbook.
The unit administrator to whom the AAO report has been submitted must notify the AAO in writing as to whether he or she accepts the report as well as what action, if any, has been or will be taken. If the unit administrator does not accept the recommendation of the AAO, the AAO shall submit a copy of the findings and recommendation to the President of the university, who shall in turn take whatever action he or she believes to be necessary in the matter.
The investigation by the AAO will be conducted expeditiously, but in a manner consistent with the complexity and severity of the matter. The AAO will attempt to issue its summary of facts and recommendation within ninety days of initiation of the formal complaint.
The AAO shall notify the complainant in writing of the result of the investigation and the action taken by the university to resolve the complaint. If the AAO's investigation reveals no violation of the university's sexual harassment policy, the complainant may, within ten calendar days from the date of notification by the AAO, appeal to the President. Should the matter remain unresolved to the satisfaction of the complainant, a further appeal may be made, in writing, to the Board of Regents within five days following notification of the decision rendered by the President. The decision of the Board of Regents shall constitute the last internal appeal. Any subsequent complaints external to the university shall be at the discretion of the complainant.
Direct Institutional Action
If a university administrator- i.e., central administrator, dean, director, department executive officer, or manager - becomes aware of information which he or she deems may raise a serious question of risk for an employee or a student, or which he or she deems may subject the university to immediate risk or potential liability, the administrator should take appropriate action to investigate or seek to address the situation. If the information concerns allegations arising from a unit for which the administrator is not responsible, he or she shall refer it to an appropriate administrator who has supervisory responsibility. If the matter is complex or if the administrator is not able to bring the case to resolution, the matter must be brought to the attention of the Affirmative Action Office. The Affirmative Action Office may determine that further action is unnecessary, may provide support to the administrator's continuing efforts, or may initiate a formal investigation. Where an administrator is unsure of the seriousness of the matter, he or she should seek the assistance of the Affirmative Action Officer of the University Legal Services Office.
External Actions
In addition to the university's channels, a person who believes that she or he has been subjected to sexual harassment may file a charge under the various jurisdictions of the Iowa Civil Rights Commission, the Equal Employment Opportunity Commission, or the U.S. Office of Civil Rights. Information on filing charges with any of these agencies may be obtained from the university's Affirmative Action Office.
1. See also the Faculty Handbook sections titled "Statement of Professional Ethics" and "Consenting Relationships;" the P & S Handbook statement on "Professional Ethics" and the Teaching Assistant Handbook 's "Regulations Concerning Professional Ethics."
2. A complaint against the President will be referred to the Board of Regents for investigation and disposition.