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Sexual Harassment Policy
PURPOSE
The purpose of this policy is to set forth Oregon State University's commitment to
maintaining a University environment free from sexual harassment. The University realizes
its moral and legal obligations to ensure that all employees and students are provided a
discrimination free environment to realize their goals and to function effectively at the
University.
CONTENTS
In accordance with federal and state laws, Oregon State University prohibits
discrimination on the basis of race, color, national origin, religion, sex, age, marital
status, disability, or veteran status. In addition, the University prohibits
discrimination on the basis of sexual orientation.
Sexual harassment is one form of sex discrimination that is prohibited.
Any person who believes that he or she has been sexually harassed at the University may
file either a formal or informal complaint in the Affirmative Action Office.
Confidentiality will be maintained to the fullest extent permitted.
Sexual harassment is defined as: Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment or education;
- Submission to or rejection of such conduct by an individual is used as the basis for
employment or education-related decisions affecting such an individual, or;
- Such conduct has the purpose or effect of unreasonably interfering with an individual's
work or academic performance or creating an intimidating, hostile, or offensive working or
learning environment.
Oregon State University policy requires that all employees conduct themselves in a
professional manner. With regard to consensual sexual or romantic relationships, it should
be noted that when they occur between teacher and student, or supervisor and supervisee,
there is a concern that they may involve an abuse of power. Even when negative
consequences to the participants do not result, such romantic liaisons potentially can
create a conflict of interest or use of academic or supervisory leverage to maintain or
promote the relationship. Another area of potential trouble or liability involves
perceptions of a "third-party" who may feel that the only way to succeed is to
engage in a sexual liaison because they feel they have lost equality in terms of
assignments, promotions, etc.
All employees should recognize the possible negative consequences of sexual or romantic
liaisons in the workplace and academic program.
To maintain an environment free from sexual harassment is very important. To provide
this environment, the following actions should be taken:
- Deans, directors, department heads and supervisors should inform all employees that
sexual harassment is prohibited.
- The Sexual Harassment Policy should be emphasized by the deans in school meetings and
explained by departmental chairs to academic staff, and classified and management service
employees. Directors should discuss the issue in staff meetings. Those who have questions,
concerns, or feel victimized by sexual harassment should be referred to the Affirmative
Action office immediately.
- The pamphlets, Sticks and Stones Can Break My Bones but Words Can Never Hurt Me, and
Understanding Sexual Harassment, as well as any other such materials for display provided
by the Affirmative Action office, should be widely disseminated and displayed in every
department, school and college office.
- All head residents and resident advisors should display the posters, distribute the
pamphlets, and discuss the rules with residents in their living groups.
- Deans, department chairs, directors, head residents and resident advisors should be
encouraged to invite the director of Affirmative Action to talk to their staffs concerning
this very important issue.
- Information regarding sexual harassment specifically for students is contained within
the student code of conduct (Fall Schedule of Classes).
OREGON STATE UNIVERSITY
AFFIRMATIVE ACTION OFFICE
BASIS: Sexual Harassment
INFORMAL PROCEDURES DEFINITION
The process of gathering information to either establish a suspicion of sexual harassment
or to attempt to resolve a disagreement without following a formal complaint procedure.
WHO MAY FILE
Students, employees, applicants for employment, and others, where appropriate.
PROCEDURE
- The complainant completes the Complaint
of Discrimination or Harassment form; the AAO advises the complainant of her/his
rights to file with state and/or federal agencies.
- The AAO may notify the appropriate administrator, dean, or director that an informal
complaint has been initiated.
- The AAO contacts the individual/entity (respondent) accused of sexual harassment to
discuss the alleged harmful act.
- The AAO develops a proposed resolution, if appropriate within fifteen (15) calendar days
of acceptance of the informal complaint. If appropriate, the complainant is advised that
she/he may file a formal complaint.
- The AAO may notify the appropriate administrator, dean, or director of the final status
of the complaint.
| The process of investigating a case of alleged sexual
harassment and making a determination as to whether or not sexual harassment occurred and,
where appropriate, providing a resolution to the complaint. |
WHO MAY FILE
Students and Student employees (undergraduate and graduate)
APPLICABLE BOARD RULE, Division 15
Students may appeal a decision to the Chancellor's Office in a written format within
two weeks of the determination.
PROCEDURES
- The complainant completes the Complaint of Discrimination
or Harassment form. The complaint must be filed within 365 days of the alleged harmful
act.
- The AAO acknowledges in writing the receipt of the formal complaint; the letter includes
information on the complainant's right to file with state and/or federal agencies. Copies
of the letter are sent to the respondent, the appropriate administrator, dean, or
director, the University legal advisor, and the Chancellor of the Oregon State System of
Higher Education.
- AAO shall conduct a thorough investigation of the complaint.
- Within thirty (30) calendar days of the receipt of the formal complaint, AAO shall
inform the complainant and all persons who were copied in #2 above, of the final status
and a resolution, where appropriate. The 30-day period may be extended for an additional
30 days with the approval of the Chancellor. The letter of determination identifies the
available appeal procedures for the complainant.
WHO MAY FILE
Classified and management service employees, and applicants for employment.
COLLECTIVE BARGAINING AGREEMENT, Article 22
(NOT RELEVANT FOR APPLICANTS)
PROCEDURES
- The complainant completes the Complaint of Discrimination
or Harassment form. The complaint must be filed within 180 days of the alleged harmful
act.
- The AAO acknowledges in writing the receipt of the formal complaint; the letter includes
information on the complainant's right to file with the Union (for classified employees),
and/or state and federal agencies. Copies of the letter are sent to respondent, the
appropriate administrator, dean, or director, the University legal advisor, and the
director of the Department of Human Resources.
- AAO conducts a thorough investigation of the complaint.
- Within fifteen (15) calendar days of the receipt of the formal complaint, AAO informs
the complainant and all persons copied in #2 above of the final status and a resolution,
where appropriate. If an extension of the 15-day time period is required, AAO shall notify
the complainant of the anticipated date of completion of the investigation. The letter of
determination identifies the appeal procedures available to the complainant.
- A classified employee has the right to file a grievance through the Union alleging
sexual harassment without filing a Report of Discrimination/Harassment with AAO.
Such a grievance will be submitted within 30 days of the date the grievant or the Union
knows, or by reasonable diligence, should have known of the alleged grievance, directly to
the President or his designee. The President or his designee will respond within 15
calendar days after the receipt of the grievance. Assistance in the investigation of the
alleged grievance may be provided by AAO and the Department of Human Resources.
WHO MAY FILE
Applicants for Academic Staff Positions
APPLICABLE BOARD RULE, Division 21
PROCEDURE
- The complainant completes the Complaint of Discrimination
or Harassment form. The complaint must be filed within 180 days of the alleged harmful
act.
- The AAO acknowledges in writing the receipt of the formal complaint; the letter includes
information on the complainant's right to file with state and/or federal agencies. Copies
of the letter are sent to the respondent, the appropriate administrator, dean, or
director, and the University legal advisor.
- AAO conducts a thorough investigation of the complaint.
- Within twenty (20) calendar days of the receipt of the formal complaint, the AAO informs
the complainant, and all persons copied in #2 above, of the final status and a resolution,
where appropriate. If an extension of the 20-day time period is required, the AAO will
notify the complainant in writing of the anticipated date of completion. The letter of
determination states the appeal procedure available to the complainant.
WHO MAY FILE
Faculty employees (instructor, senior instructor, faculty research assistant,
research associate, assistant professor, associate professor, professor, no rank).
Initiation of Formal Procedures, 576-50-025
- If a grievance is not resolved to the satisfaction of the grievant at the informal
stage, or if the grievant chooses to bypass the informal stage, the grievant may file a
formal written grievance. A grievance shall be filed with the dean, director, or the
appropriate administrator in charge of the administrative unit, except a) where the
grievant is a department chair in which case the grievance shall be filed with the Provost
and Executive Vice President, or b) where the grievant alleges sexual harassment against
the person in charge of the administrative unit, in which case the grievance shall be
filed with the next higher administrator. The grievant shall file a copy of the written
grievance with the Legal Advisor in the Office of the President. The formal grievance must
be filed within sixty (60) days of the time the faculty member knew or by reasonable
diligence should have known, of the acts which gave rise to the grievance. Therefore,
discussion or mediation at the informal stage should be initiated as soon as possible. The
University shall extend the sixty-day filing requirement if the grievant is pursuing the
complaint at the informal level and it appears that additional time would be beneficial in
resolving the grievance. Extension by the University shall be in writing by the Legal
Advisor.
- The written grievance must contain the grievant's name and address, the date and nature
of the act or omission which gave rise to the grievance, any rule, policy or procedures
alleged to have been violated or misapplied, and the remedy requested by the grievant.
- The dean, director, administrator, or the respective designee shall send a written
decision to the grievant within twenty (20) days of receipt of the grievance.
Appeal to the Faculty Grievance Committee, 576-50-030
If the decision of the dean, director, or administrator is not satisfactory to the
grievant, the grievant may file a written appeal with the Faculty Grievance Committee
within ten (10) days of receipt of the written decision, stating why the response at the
previous level is deficient. This step is optional with the grievant. The grievant may
bypass the committee and file the appeal directly with the President.
(a) The committee shall send to the grievant a written notice of the time and place of
the hearing at least seven (7) days prior to the hearing.
(b) At the committee hearing, the faculty member shall present his or her case first,
followed by the person or persons who are the object of the grievance. Thereafter, the
faculty member shall have an opportunity to respond.
(c) Each party shall have a right to call and examine witnesses, to introduce exhibits
or other documents. The members of the committee may question any witness and may call
additional witnesses.
(d) If the grievant so chooses, he or she may be accompanied or represented at the
hearing by any other person.
(e) Either party may provide for and obtain a sound recording of the hearing.
(f) The hearing shall be open to the public at the option of the grievant to the extent
allowed by law. However, deliberations of the Hearing Committee shall not be open to the
public or the parties.
Decision by the Committee and Appeal to the President, 576-50-035
- The committee's decision shall be made in the form of a written recommendation to the
President. It shall be based upon evidence presented at the hearing. The recommendation
shall include a description of the complaint, the evidence the committee collected, and
its conclusions and recommendations for disposition of the case. The recommendations shall
be sent to the grievant, to the President, and to the dean, director, or administrator in
charge of the unit out of which the grievance arose within sixty (60) days of receipt of
the appeal to the committee.
- The President or his or her designee shall review the decision of the committee and the
President shall deliver a written decision to the grievant, to the Grievance Committee,
and to the dean, director, or administrator in charge of the unit out of which the
grievance arose within thirty (30) days of receipt of the committee recommendation. Prior
to issuing a decision, the President or designee may interview any person concerning the
grievance to supplement the record whether or not the person testified at the hearing,
provided that the decision shall list each person so interviewed. In addition, the
President or designee may review any document, provided that the decision shall identify
any such documents that were not introduced at the committee hearing. The grievant shall
be informed of any additional information obtained by the President and given seven (7)
days to respond. If the President rejects or modifies the recommendations of the
committee, the reasons shall be stated in the decision.
- If the grievant chooses to appeal the decision of the dean, director, or administrator
directly to the President, the President shall proceed to review the matter and reach a
decision as set out in 576-50-035(2) provided that all persons interviewed and all
documents reviewed must be identified in the decision. The President shall issue a
decision within thirty (30) days of receipt of the grievant's appeal.
Appeal to the State Board, 576-50-040
If the decision of the President is not satisfac- tory to the grievant, the grievant
may appeal to the State Board of Higher Education within ten (10) days of receipt of the
President's decision in accordance with OAR 580-21-050.
Effects of Time Limits, 576-50-045
If the University fails to respond within the time limits at any step in this grievance
process, the grievant may appeal to the next step.
Non-Retaliation, 576-50-050
An individual filing a grievance in good faith or otherwise participating in any of the
actions authorized under these grievance rules shall not be subject to retaliatory action
of any kind by any employee of the University, the Oregon State System of Higher
Education, or the State Board of Higher Education.
Two-Year Review, 576-50-055
Not later than two years from the adoption of these rules, the Provost and Faculty
Senate Executive Committee shall jointly appoint a faculty committee to review the
effectiveness of this grievance procedure and to recommend any changes.
APPLICABLE BOARD RULE, DIVISION 21
ACADEMIC EMPLOYEES
Academic employees found to have engaged in sexual harassment may be subject to an oral
or written warning or reprimand in accordance with OAR 580-21-320. Sanctions more severe
than an oral or written warning or reprimand, such as removal from an assigned post and
reassignment, suspension or termination shall be imposed in accordance with OAR 580-21-325
through 580-21-385.
CLASSIFIED AND MANAGEMENT SERVICE EMPLOYEES
Classified employees found to have engaged in sexual harassment may be subject to
disciplinary action in accordance with current collective bargaining agreements. If a
proven incident of sexual harassment occurs, sanctions in accord with the progressive
discipline concept shall be instituted, including written reprimand, suspension,
reductions of pay, demotion, and finally, termination of service.
Management service employees found to have engaged in sexual harassment may be subject
to disciplinary action in accordance with provisions of the University Policy Against
Discriminatory Harassment, including possible written reprimand, suspension, reduction of
pay, demotion or dismissal.
STUDENTS Students found to have engaged in sexual harassment may be subject to
sanctions under the Student Conduct Code, OAR 576-15-030. These sanctions may include a
warning, required educational activities, restrictions, disciplinary probation, suspension
and/or expulsion.
Title VII of the 1964 Civil Rights Act, Sec 703
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.)
Department of Education (34 C.F.R. Part 106)
Department of Energy (10 C.F.R. Part 1040)
Department of Agriculture (7 C.F.R. Part 15a)
Executive Order EO - 81 7 State of Oregon, 1981
OAR 580 - 21 - 310 to 580 - 21 - 470
Equal Employment Opportunity Commission: Guidelines on Discrimination Because of Sex
(29 C.F.R. Part 1604.11 (a) November 10, 1980)
Oregon State University Policy Against Discriminatory Harassment September 1992
Oregon State University Student Conduct Code, OAR 576