Sexual Harassment Policy
It is the policy of Case Western Reserve University to provide a positive,
discrimination-free educational and working environment. Sexual harassment is
unacceptable conduct, which will not be tolerated. All members of the University
community share responsibility for avoiding, discouraging, and reporting any
form of sexual harassment.
Members of the university community found in violation of this policy may be
disciplined, up to and including being discharged for cause or being expelled
from the university. Retaliation against persons raising concerns about sexual
harassment is prohibited and will constitute separate grounds for disciplinary
action, up to and including discharge or expulsion from the University.
This policy and the accompanying procedures shall serve as the only internal
university forum of resolution and appeal of sexual harassment complaints.
Laws Governing Sexual Harassment
Sexual harassment in the workplace is a form of sex discrimination prohibited
by Title VII of the Civil Rights Act of 1964 and by
Section 4112.02 of the Ohio
Revised Code. EEOC Guidelines require employers to affirmatively address the
issue of sexual harassment and to adopt procedures for the prompt resolution of
employee complaints. Similarly, federal regulations implementing Title IX of the
1972 Education Amendments require educational institutions, which receive
federal funds to provide a prompt and equitable procedure for resolving
complaints of sex discrimination, including sexual harassment claims.
Definitions
- Sexual harassment can be defined as any unwelcome sexual advance,
requests for sexual favors, or 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 student status; or
- Submission to or rejection of such conduct is used as the basis for
decisions affecting that individual with regard to employment (raises,
job, work assignments, discipline, etc.) or to student status (grades,
references, assignments, etc); or
- Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or educational experience or
creates an intimidating, hostile, or offensive work and/or educational
environment. The work or educational environment includes classroom and
clinical settings, residence halls, activities, programs, offices, and
all Case-sponsored events.
Although sexual harassment often takes place when the alleged harasser is
in a position of power or influence (e.g., a faculty advisor to a student,
supervisor to supervisee), other types of harassment are also possible.
Sexual harassment may involve the behavior of a person of either gender
against a person of the opposite or same gender. It is not necessarily
limited to offensive physical contact or requests for sexual favors. Sexual
or "off-color" remarks, name calling, lewd gestures, obscene materials
(photographs, cartoons, etc.), and touching may also constitute sexual
harassment.
- Members of the university community include all Case students, faculty,
administrators, and staff, whether full- or part-time.
- University Representative: If the potential accused is a faculty member,
the university representative shall be the Faculty Diversity Officer; if the
potential accused is a staff member, the University representative shall be
the assistant vice president for Institutional Diversity and Equity in the
Office of Equal Opportunity and Diversity; if the potential accused is a
student, the university representative shall be the associate vice president
for Student Affairs. If the potential accused does not fall exclusively
within one of the above categories or if any of the above university
representatives is the potential accused or a potential witness to the
investigation, the president shall appoint the university representative.
Responsibilities of the University Community
University officials in the
Office of Equal Opportunity
and Diversity (216-368-8877), and the Office of Student
Affairs (216-368-2020), are responsible for:
- Coordinating, disseminating, and implementing this policy;
- Serving as a resource for all matters dealing with sexual harassment
complaints;
- Advising about and investigating informal sexual harassment complaints;
- Referring formal sexual harassment complaints to the Sexual Harassment
Panel.
Deans, directors, department chairs, department heads, and administrative
offices are responsible within their area for:
- Providing a work and educational environment that is free from
harassment and intimidation;
- Informing complainants about the university's policy and their right to
talk to an equal employment opportunity, student affairs, or provost's
office official;
- Participating in investigations, resolutions of complaints, and the
implementation of recommended sanctions, if any.
All members of the university community are responsible for:
- Ensuring adherence to this policy;
- Discouraging sexual harassment;
- Cooperating in any investigation which might result, including appearing
before a hearing committee.
Any member of the university community who is consulted about potential
sexually harassing behavior must advise the accuser of the university's sexual
harassment policy and encourage prompt reporting to any one of the designated
university officials charged with responsibility for investigating sexual
harassment complaints. When a first-hand allegation of sexual harassment is made
and the alleged harasser is named, members of the university community must
report the allegation to any one of these designated university officials.
Confidentiality
The university will make all reasonable efforts to maintain the
confidentiality of parties involved in a sexual harassment investigation.
Confidentiality, however, cannot be guaranteed. Furthermore, whether informal or
formal resolution is sought, anonymous complaints will not be brought against
any member of the university community.
False Claims of Sexual Harassment
The university reserves the right to discipline members of the university
community who bring false complaints of sexual harassment. No complaint will be
considered "false" solely because it cannot be corroborated.
Annual Report
An annual report of sexual harassment complaints and their resolutions shall
be produced by the Director of Affirmative Action/Equal Employment Opportunity.
The report shall identify accusers and accused by constituency only, e.g.,
student, staff, faculty.
Procedures
Members of the university community who believe they have been sexually
harassed by others in the university community are entitled to an informal
and/or formal investigation and complaint process as detailed below. Visitors,
guest lecturers, program participants, etc., may use this policy and the
procedures below where applicable to bring complaints against a member of the
university community whose behavior in the Case educational or working
environment is in question. Members of the university community may use this
policy and the procedures below where applicable to bring complaints against
visitors, guest lecturers, program participants, etc. whose behavior in the
educational or working environment is in question.
Prompt reporting of sexual harassment is in the best interest of the entire
university community. Complaints must be brought within two years of the latest
alleged incident. It should be noted that the university's authority to
investigate, to compel cooperation, or to impose sanctions against those who are
not members of the university community is limited. The designated university
officials in the Office of Student Affairs, and/or the Office of Equal
Opportunity and Diversity, will meet with any person(s) who have raised concerns
about sexual harassment at the University. They will provide general advice
about sexual harassment and will also discuss options for pursuing both informal
and formal resolution of a sexual harassment complaint.
Once an accused person or group is identified, the designated university
officials will conduct an initial investigation of a sexual harassment
complaint. An initial investigation will include interviews with the person(s)
reporting harassment and those person(s) accused of harassment and may include
interviews of other potential witnesses.
While an initial investigation will be pursued for every identified
complaint, disciplinary action will not be taken against any individual or group
unless the formal complaint process is used.
Informal Process
The university's informal process provides the university and/or those who
believe they are being sexually harassed with a range of options designed to
bring about a resolution of their concerns.
Depending upon the nature of the complaint and the wishes of the person(s)
claiming harassment, informal resolution may involve one or more of the
following:
- advising the person(s) about how to communicate the unwelcome nature of
the behavior to the alleged harasser;
- distributing a copy of the sexual harassment policy as a reminder to the
department or area whose behavior is being questioned;
- if both parties agree, arranging and facilitating a meeting between the
person(s) claiming harassment and those accused of harassment to work out a
mutual resolution.
Information about all informal complaints and resolutions will be kept on
file in the offices of the designated university officials. Should the formal
process be used, the information gathered shall be forwarded to the Sexual
Harassment Panel. To prepare the annual report and to more readily identify
those against whom multiple informal complaints have been made, the Assistant
Vice President for Institutional Diversity and Equity in the Office of Equal
Opportunity and Diversity shall be advised of every informal complaint as
brought and of any resolutions of informal complaints.
Formal Process
The university offers a formal process leading to resolution of a complaint
if informal resolution is not agreed upon or fails to satisfactorily resolve a
concern. Because of the need for flexibility, no timelines have been set.
Ordinarily, however, once the formal process is begun, each successive step
should be carried out within two weeks of the previous step.
- Sexual Harassment Panel. A Sexual Harassment Panel of at least 12
members will be appointed by the President and will include representatives
of the administration, faculty, staff, and students who shall normally serve
a term of two years, renewable at the option of the President. The Panel
will annually elect a Chair from among its members. The Assistant Vice
President for Institutional Diversity and Equity in the Office of Equal
Opportunity and Diversity shall serve as Secretary to the Sexual Harassment
Panel. All Panel members will be trained in sexual harassment matters.
- Hearing Committees. Hearing Committees for individual or
university complaints will consist of five (5) members of the Sexual
Harassment Panel. Every hearing committee will consist of at least one
faculty member, one staff member, and one student. The remaining committee
members will include one representative from the constituency of the
person(s) alleging harassment (or if the university initiates the formal
process from the constituency which the university deems at risk from the
activity at issue) and one from the constituency of the person being
accused. The chair of the panel shall serve on every committee. Panel
members are responsible for notifying the chair if their personal and/or
professional conflicts of interest may make service on a particular
committee inadvisable. Upon request by any party to the complaint, the chair
of the panel shall determine whether a particular panel member should not
serve because of a perceived conflict of interest.
Initiation of Formal Process
- A detailed written statement dated and signed by the person(s) bringing
the complaint must be filed with the secretary of the Sexual Harassment
Panel, if the university, rather than a complainant initiates the process,
then the university shall provide a written statement with details to the
extent know. The statement should be as specific as possible, including
dates, times, locations, a description of the alleged harassing behavior,
and the name(s) of the alleged harassers. The statement should also identify
any person(s) who may have information that would be helpful to the hearing
committee.
- The Sexual Harassment Panel will contact the alleged harasser(s),
provide them with a copy of the written statement, and ask for a written
response to be submitted by a specified date. The response should also
identify any person(s) who may have information that would be helpful to the
hearing committee's determination. That response will be forwarded to the
hearing committee and to the person(s) charging sexual harassment or to the
university representative if the university initiates the process.
- The secretary of the Sexual Harassment Panel will arrange a meeting with
the parties and the hearing committee within a reasonable time of the
receipt of the alleged harasser's response to the complaint.
Ground Rules
- A hearing committee will protect, to the extent possible, the privacy
interests of all those involved in the proceedings. To that end, all those
appearing before a committee will be advised not to discuss their statements
or comment on the proceedings outside of the meeting.
- All parties, i.e., accusers (or the university if the university
initiates the process) and accused, will be allowed to have an advisor of
their choice attend the meeting. Advisors may only consult with their
parties; they may not address the committee and may not ask questions. All
advisors will be bound by the confidential terms of the hearing committee's
rules. Upon request by a hearing committee and in any event when a party's
advisor is an attorney, a representative of the Office of General Counsel
shall attend any portion of the meeting for purposes of consulting with and
advising the committee.
- The committee will consider information it has received in writing from
the parties as well as the statements presented to it during the meeting.
The committee may require members of the university community and ask others
to appear at the meeting and, if necessary, continue the meeting to a later
date.
- The parties and their advisors will be permitted to sit in the meeting
during all statements and questioning. Other persons will be permitted to
attend only during their own statements and questioning.
- A stenographer will be present to take minutes of the meeting. The
committee's deliberations, however, will be private and confidential. The
stenographer's transcribed minutes will be the exclusive record of the
meeting. The parties may not bring their own court reporters or record the
meeting. All parties will be given reasonable access to the record of the
meeting.
Conduct of the Meeting
- Persons bringing complaints will be invited to make a statement to the
committee. Committee members will be permitted to ask questions at the
conclusion of these statements.
- Persons accused will be invited to make a statement to the committee.
Committee members will be permitted to ask questions at the conclusion of
these statements.
- At the conclusion of the committee's questioning of both parties, the
accused and the accusing (or the university representative) persons may ask
questions of each other; but all such questions must be directed to the
chair.
- Other persons asked to appear before the committee will be invited to
make statements. Committee members will be permitted to ask questions at the
conclusion of the statements. At the conclusion of the committee's
questioning of each person, the parties may ask questions of the person; but
all such questions must be directed to the chair.
- The committee may ask further questions of the parties after it has
heard from all other persons invited to appear.
- Once the committee has heard from the parties and all others invited to
appear, it shall dismiss the parties and the stenographer and meet to
deliberate in confidence.
Possible Findings
The Hearing Committee will be responsible for issuing one of the following
findings after meeting with the parties and gathering all necessary information.
- The university's sexual harassment policy has not been violated.
- The university's sexual harassment policy has been violated. To issue
this finding, the committee must be convinced, in light of all the
information presented, that it is more likely than not that the alleged
sexual harassment took place.
Report of Findings/Recommendations
- Within a reasonable time after the meeting, the committee shall issue a
report of its findings and the rationale for its findings to the secretary
of the Sexual Harassment Panel and the parties involved. If the committee
has determined that the university's sexual harassment policy has been
violated, it shall also make a recommendation as to sanctions.
- If the committee has determined that the university's sexual harassment
policy has been violated, the Secretary of the Sexual Harassment Panel shall
distribute the report as follows:
- if the accused is a faculty member or a teaching or research
assistant, to that party's department chair, dean, and to the provost;
- if the accused is an administrator or staff member, to the director
of the Department of Human Resources and the appropriate vice president
(or provost or the president);
- if the accused is a student, to the associate vice president for
Student Affairs, who will communicate with the appropriate deans in the
case of graduate or professional students.
- if the university initiates the process without a complainant, to
the university representative who has represented the university
throughout the process. Note: for purposes of this process, the
university representative shall not be the provost, vice president of
Human Resources, or any attorney from the Office of General Counsel.
Upon request by an accuser, a copy of the report shall also be
distributed to that person's department chair and dean or supervisor and
appropriate vice president.
- The university officials identified in 2. a), b), and c) above are
responsible for determining appropriate sanctions, if any. In making such a
determination, these officials shall not be bound by the recommendations for
sanctions, if any, offered by the panel. These officials shall communicate
in writing any sanctions to the person(s) bringing the complaint (or the
university representative if the university initiated the process), those
found in violation of the policy, and to the chair of the Sexual Harassment
Panel.
Sanctions
Sanctions shall be based on the nature and severity of the offense and the
extent of the findings. In general, sanctions include, but are not limited to,
one or more of the following: public apologies, public reprimands, participation
in educational or counseling sessions, written warnings, or letters of
reprimand. In addition, faculty and staff may face suspension without pay,
denial of a promotion or pay raise, demotion, and termination for cause.
Students may also be suspended from the university, university housing or
selected activities or organizations, placed on probation, or expelled from the
university.
Appeal
Any party to a decision may appeal the finding and sanctions to be imposed,
if any, to the president in writing within two weeks of the receipt of the
report of the officials identified above. The president shall review the
findings and sanctions to be imposed, if any, and may review the transcript of
the meeting to determine whether to uphold or reject the findings or sanctions.
If in disagreement with the findings and/or the sanctions to be imposed, the
president shall provide a written statement of a decision and the reasons for it
to the parties, those charged with determining sanctions and the members of the
hearing panel. The president's decision shall be final.
Other University Procedures
This policy and its procedures shall be the only internal university forum of
resolution and appeal of sexual harassment complaints. However, should the
infraction be such that the recommended sanctions involve termination of a
tenured faculty member's appointment and should the procedures set forth in
Section IV of the
Faculty
Handbook be initiated, the factual findings and conclusions of the sexual
harassment hearing committee shall be determinative as to whether the
university's sexual harassment policy has been violated. The Section IV
proceedings shall be limited to a determination of whether the violation as
found constitutes just cause for termination of a tenured faculty appointment.
Last Updated: April 27, 2004