OF RECORD
Following is the text of the University's policy on Sexual Harassment,
initially adopted in December 1988, and now revised (by the deletion of
three paragraphs formerly at the end of Section II.B.) in conjunction
with the adoption of the policy on Consensual Sexual Relations Relations
Between Faculty and Students (Provost's Memorandum No.4-95, page S-1 of
this issue). This document supersedes those found in the Handbook for
Faculty and Academic Administrators at pp. 94-101, in the Human
Resources Manual as HR No. 703, and in the PennBook (Policies and
Procedures Manual) at pp. 53-55.
Sexual Harassment Policy
I. Conduct
Our community depends on trust and civility. A willingness to
recognize the dignity and worth of each person at the University is
essential to our mission.
It is the responsibility of each person on campus to respect the
personal dignity of others. We expect members of our University
community to demonstrate a basic generosity of spirit that precludes
expressions of bigotry.
Penn properly celebrates the diversity of its community. We come to
Penn from many different backgrounds and include different races,
religions, sexual orientations, and ethnic ancestries. Learning to
understand the differences among us, as well as the similarities, is an
important dimension of education, one that continues for a lifetime.
Tolerance alone, however, is not enough. Respect and understanding also
are needed. We should delight in our differences, and should seek to
appreciate the richness and personal growth which our diversity provides
to us as members of this community.
The University is committed to freedom of thought, discourse and
speech, and the attainment of the highest quality of academic and
educational pursuits and daily work. Policies and regulations
implementing this commitment include the Statement on Academic Freedom
and Responsibility, the Guidelines on Open Expression, and the Code of
Academic Integrity.
The University also has established policies on behaviors that
interfere with these freedoms. Foremost among these policies is the
University's Statement on Non-Discrimination, which prohibits
discrimination on the basis of race, color, sex, sexual preference,
religion, national or ethnic origin, handicap or disability.
The University also has adopted the following policy concerning
sexual harassment. The terms "harassment " and "sexual harassment" as
used throughout, are defined as a matter of University policy, and are
not necessarily identical or limited to the uses of that term in
external sources, including governmental guidelines or regulations.
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II. Purposes and Definitions
- A. Purpose
For many years the University has stressed that sexual harassment
is not tolerated at Penn. As an employer and as an educational
institution, the University is committed to eradicating sexual
harassment.
Sexual harassment in any context is reprehensible and is a matter
of particular concern to an academic community in which students,
faculty, and staff must rely on strong bonds of intellectual trust and
dependence.
- B. Definition
For the purposes of University policy, the term "sexual harassment"
refers to any unwanted sexual attention that:
- Involves a stated or implicit threat to the victim's
academic or employment status;
- Has the purpose or effect of interfering with an
individual's academic or work performance; and/or,
- Creates an intimidating or offensive academic, living, or
work environment.
The University regards such behavior, whether verbal or physical,
as a violation of the standards of conduct required of all persons
associated with the institution. Accordingly, those inflicting such
behavior on others are subject to the full range of internal
institutional disciplinary actions, including separation from the
University. Likewise, acts of retaliation will be subject to the same
range of disciplinary actions.
As noted in the Handbook for Faculty and Academic Administrators,
Policies and Procedures, the Academic Bulletin, and other University
publications, persons engaged in such harassment within the University
setting are subject to the full range of internal institutional
disciplinary actions, including separation from the institution.
Not every act that might be offensive to an individual or a group
necessarily will be considered as harassment and/or a violation of the
University's standard of conduct. In determining whether an act
constitutes harassment, the totality of the circumstances that pertain
to any given incident in its context must be carefully reviewed and due
consideration must be given to the protection of individual rights,
freedom of speech, academic freedom and advocacy.
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III. Resources
School and administrative units should make known to all of their
members the available resources and the informal and formal procedures
for resolving complaints of sexual harassment within the unit or at the
University Level.
These resources include the following:
- A. Information, Counseling, and Support
The following University resources are available to members of the
University community who seek information and counseling about
University policies on sexual harassment, standards of behavior,
informal and formal mechanisms for resolving complaints and resources
for complainants and respondents.
Deans and directors may also make referrals to these resource
offices:
- Office of Affirmative Action
- African American Resource Center
- Faculty/Staff Assistance Program
- Lesbian Gay Bisexual Center
- Office of Labor Relations
- Office of the Ombudsman
- Office of Staff Relations
- Victim Support Services
- Penn Women's Center
- Student Health Services
- Counseling and Psychological Services
- Office of the Vice Provost for University Life
- B. Informal Mechanisms for Mediation and Resolution
The Ombudsman, the Office of Affirmative Action, the Penn Women's
Center, all other offices named as resource offices in this policy, the
Judicial Inquiry Officer, the Office of Residential Living, department
chairs, deans and administrative directors, the provost, and the senior
vice president are available to assist in the informal resolution of
complaints.
- C. Formal Mechanisms for Resolution and Adjudication
When informal resolution is not chosen or is unsatisfactory,
complainants are urged to use appropriate formal mechanisms described
below:
- Complaints of sexual harassment against a faculty member,
instructor, or teaching assistant may be brought by a student, staff, or
faculty member to the department chair or dean of the faculty member.
The department chair or dean who receives a complaint is then charged
with pursuing the matter. While the process depends on the particulars
of the complaint, normally the department chair or dean interviews the
faculty member. If the matter is not resolved informally, the department
chair or dean either conducts an investigation or requests that the
Ombudsman, the Office of Affirmative Action, the Office of Staff
Relations, or the Office of Labor Relations do so. If the results of the
investigation persuade the dean or department chair that sanctions are
warranted, he/she consults with faculty members--without disclosing the
identity of the individuals involved--to aid in determining an
appropriate sanction, including whether there is substantial reason to
believe that just cause exists for suspension or termination. If it is
determined that action should be taken to suspend or terminate, the dean
should refer the matter to the Committee on Academic Freedom and
Responsibility of the school in accordance with the procedures set out
in section II. E.10 of the Handbook for Faculty and Academic
Administrators (1989).
- Complaints of sexual harassment against a staff member may
be brought by a student, staff member or faculty member to the
supervisor of the person complained against. The supervisor who receives
the complaint is then charged with pursuing the matter. While the
process will depend on the particulars of the complaint, normally the
supervisor interviews the staff member. If the matter is not resolved
informally, the supervisor either conducts an investigation or requests
that the Ombudsman, the Office of Affirmative Action, the Office of
Staff Relations, or the Office of Labor Relations do so. If the result
of the investigation persuades the supervisor that sanctions are
warranted, he or she consults with his or her colleagues or supervisor--
without disclosing the identity of the individual(s) involved to aid in
determining an appropriate sanction. A staff member who believes that
his or her rights have been violated directly by another staff member or
administrator may file a grievance by contacting the Office of Staff
Relations within the Office of Human Resources under the University of
Pennsylvania Staff Grievance Procedure.
- Complaints by students of sexual harassment may be made to
the Office of the Vice Provost for University Life. Grievances
associated with sexual harassment in student employment may also fall
within the purview of the Vice Provost for University Life.
- A complaint of sexual harassment may be brought against a
student by filing a complaint under the Charter of the University
Student Judicial System, or, if the respondent is a graduate or
professional student enrolled in a school which has established a
hearing board or other decision-making body, with that body.
- A tenured or untenured faculty member, whether full or part
time, who believes she or he has been subjected to sexual harassment by
a faculty member or by an academic administrator may file a grievance
under the Faculty Grievance Procedure, Handbook for Faculty and Academic
Administrators (1989), part II E. 15, provided the complaint constitutes
a grievance as defined in Section I of the Procedure. This procedure is
administered by the Faculty Grievance Commission. The panel makes its
recommendations to the provost. In cases that involve reappointment,
promotion or tenure, and in which the provost has declined or failed to
implement the recommendations of the panel to the satisfaction of the
grievant, the grievant may obtain a hearing before the Senate Committee
on Academic Freedom and Responsibility on the actions of the
provost.
- If the matter has not previously been referred to a
different panel or committee, a student or staff member who believes
that she or he has been subjected to sexual harassment by a faculty
member, and whose complaint has not been resolved through the mechanisms
listed above, may bring the matter to the Faculty Senate Committee on
Conduct.This committee is a standing committee of the Faculty Senate. At
meetings with the Committee, the student or staff member may be
accompanied by an advisor who is a member of the University community
(student, faculty, or staff). The findings and recommendations of the
Committee shall be advisory and shall be submitted to the provost for
her or his decision and implementation.
- D. Central Reporting of Sexual Harassment
- A decentralized system of resources encourages the reporting
and resolution of complaints of sexual harassment. To that end, and with
the consent of the complainant, those offices described in Sections
III.A and III.B of this policy that have handled through mediation or
counseling a complaint that was not submitted to a formal hearing board
should forward to the Ombudsman a report of the matter as soon as it is
received. Such reports should not include the names of the persons
involved. They should include, however, a description of the complaint,
the schools or administrative units with which the complainant and
respondent are affiliated, and the disposition of the complaint. In the
case of a large department in a large school, the department also should
be identified. Reports from decentralized areas will enable the
Ombudsman to identify patterns in a particular location and the
frequency of such incidents in a given area. Such information can then
be transmitted to the appropriate dean or administrative supervisor. The
reports will also enable the Ombudsman to act on behalf of the community
and to conduct whatever investigation he or she deems necessary to
determine whether University regulations are being violated.
- Summary reports of formal charges of sexual harassment that
have been adjudicated and records of their disposition should be
forwarded to the Ombudsman's Office as a matter of information by the
resource offices named in this policy.
- Based on the information forwarded to her or him during the
previous year, the Ombudsman shall submit to the president on an annual
basis a summary report of the number and type of formal and informal
charges of sexual harassment and their resolution by September 15 of the
academic year. This report will be shared with the University community
early in the semester.
- E. Education and Prevention
The prevention of sexual harassment and the establishment of
effective procedures with due concern for all parties require a
thoughtful educational program.
- University resource offices will provide to the community
information on: a. available mediation and resolution resources; and b.
sources of support and information for victims and respondents.
- . Deans and heads of major administrative units are encouraged
to discuss this policy and issues of sexual harassment at meetings of
faculty and staff.
- Training programs for residential advisors, senior
administrative fellows, those who meet students in crisis situations and
others serving in an advisory capacity to students will include training
about referrals, resources, and methods for handling instances of sexual
harassment.
- An overall educational program for students that addresses
issues of peer sexual harassment and also provides information,
definition, support, and the identification of sexual harassment
resources has been developed by the Office of the Vice Provost for
University Life, the Office of Affirmative Action, and the Penn Women's
Center in conjunction with the Office of Residential Living, the Council
of College House Masters, and the Council of Senior Faculty Residents
involved with the Freshman Year Program. Such an educational program is
directed toward new undergraduate and graduate and professional
students.
- The University will publish annually the operative portions
of this policy statement, including information about the resources
available to advise, counsel, and assist in the mediation of sexual
harassment allegations. Information will explain how and where to
contact University-wide and school-specific resources and will be posted
in conspicuous locations. All members of the University should feel a
responsibility to try to prevent sexual harassment whenever they observe
it. Community members should report sexual harassment to appropriate
University resources promptly for appropriate action.
- F. Exit Interviews
Deans and administrative directors will periodically survey
departing students, faculty and staff to measure the existence and
frequency of reports of sexual harassment. Based on the data yielded by
these surveys and the annual reports of the Ombudsman, the University
administration will determine, in consultation with the University
Council, whether there is a need for further efforts to be taken on the
issue of sexual harassment.
- G. Implementation
Deans and administrative directors will be responsible for the
implementation of this policy. The provost and senior vice president
will oversee the performance of deans and directors in the
implementation of this policy.
The charge of the Affirmative Action Council and its 1995-96 membership
are on the next page.
Almanac
Tuesday, November 7, 1995
Volume 42 Number 11
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