George A. Smathers Libraries: Sexual Harassment Complaint Procedure

I. Policy:

Sexual harassment is unwelcome conduct of a sexual nature. It constitutes a form of sex discrimination and is a form of employee misconduct which undermines the integrity of the University. All employees and students must be allowed to work in an environment free from unsolicited and unwelcomed sexual overtures.

Sexual harassment is a violation of both state and federal laws and of the rules and regulations of the University. Employees and students are responsible for their actions of sexual harassment. These actions may subject them to appropriate University disciplinary action up to and including dismissal or expulsion. Further, any employee or student in a supervisory capacity who has knowledge of possible sexual harassment who does not report the matter pursuant to the University's policy shall be subject to disciplinary action up to and including dismissal or expulsion. A supervisor may obtain knowledge of sexual harassment by direct observation, statements made by others (staff members), or receipt of a complaint of sexual harassment (whether it be written or oral).

It is the intent of this policy to protect all members of the University community while trying to address and resolve the problem and eliminate any inappropriate behavior.

II. Date: April 5, 1994
Revised: February 2001

III. Reference: For complete University policy on sexual harassment see University of Florida Policy on Sexual Harassment

IV. When complaints or alleged incidents of sexual harassment occur, they are to be brought to the attention of the Supervisor, Department Chair, the Library Personnel Officer, a Director or the University's Affirmative Action Office. All complaints will be thoroughly investigated by the Library Personnel Officer whether oral, written, or anonymous. Upon receipt of or knowledge of a complaint or alleged incident of sexual harassment, the Library Personnel Office shall advise the University's Affirmative Action Office that a complaint has been made and is being investigated.

V. The Library Personnel Officer, or designee shall proceed to thoroughly and objectively, investigate the complaint or alleged incident.

• A. The accused is notified of the complaint by the Library Personnel Officer, and is afforded an opportunity to respond, and is informed that he/she will be notified of the outcome of the investigation.

  B. The investigation will include interviewing the complainant, the accused, any pertinent witnesses, and reviewing relevant documentation. The investigation will be conducted in as confidential a manner as possible.

  C. At any time during the investigation the Library Personnel Officer, the complainant and the accused may agree to a resolution of the complaint. Notification of the resolution will be given to the University's Affirmative Action Office.

  D. The complainant and the accused may seek assistance through the Employee Assistance Program at any stage of the process if they wish to be counseled.

VI. Upon the prompt completion of the review, the Library Personnel Officer determines whether or not sexual harassment has occurred and advises the University's Affirmative Action Office.

• A. If a finding of sexual harassment is made, a record will be maintained in the employee's personnel file in the Library Personnel Office. The findings are also maintained by the Affirmative Action Office. The Library Personnel Officer shall take all reasonable precautions to protect the complainant from reprisals. If reprisals occur, it should be reported immediately.

  B. Actions which may be taken against an individual found to have been involved in an incident of sexual harassment include: counseling, disciplinary action up to and including dismissal or expulsion, criminal charges and civil action.

  C. If no finding of sexual harassment is made, the confidential findings of the review shall be maintained, separate from the employees personnel file, by the Library Personnel Office and the Affirmative Action Office in a confidential file. The accused, at his or her option, may request that the findings be placed in their personnel file.

  D. The Library Personnel Officer informs the complainant and the accused of the results of the review and any action taken.

VII. The University has a strong commitment as well as a legal duty to maintain its workplaces free from sexual harassment, and the responsibility for doing so rests with each member of the University community. Those involved in the investigation of a sexual harassment complaint should respect the confidential nature of the matter.

VIII. Responsibility:

It is the responsibility of the Library Personnel Officer to implement and maintain this procedure in accordance with rules and regulations of the University's Affirmative Action Office as directed by the Director of Libraries.