UWGB Policies in Effect

Sexual Harassment Policy and Procedure

Approved, May 10, 2000

Policy Statement

The University of Wisconsin-Green Bay reaffirms its commitment to maintaining a working and learning environment in which students, faculty, and staff can develop intellectually, professionally, personally, and socially. Such an environment must be free of intimidation, fear, coercion, and reprisal. Sexual harassment is a form of discriminatory misconduct that harms the environment the University seeks to maintain. Sexual harassment may also cause others unjustifiable offense, anxiety, and injury. Furthermore, sexual harassment threatens the legitimate expectation of all members of the Campus community that academic or employment progress is determined by the publicly stated requirements of job and classroom performance.

Sexual harassment moreover, violates Federal and Wisconsin laws, including Title VII of the Civil Rights Act, Title IX of the Education Amendments of 1972 and the policies of the Board of Regents of the University of Wisconsin System.

This policy applies to all members of the university community who are encouraged to report promptly complaints about sexual harassment. Persons found to be in violation of this sexual harassment policy shall be subject to disciplinary action that may include, but is not limited to, written warning, demotion, transfer, suspension or dismissal.

Definition

Sexual harassment is a form of sex discrimination. It occurs in a variety of situations that share a common element: the inappropriate introduction of sexual activities or comments into the work or learning situation. Often, sexual harassment involves relationships of unequal power, and contains elements of coercion-as when compliance with requests for sexual favors becomes criterion for granting work, study, or grading benefits. However, sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal behavior have a harmful effect on a person's ability to study or work in the academic setting. For general purposes, sexual harassment may be described as unwelcome sexual advances, requests for sexual favors, and other physical conduct 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 academic advancement; or

2. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual's welfare, or

3. 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 academic environment.

A third-party may also file a complaint under this policy if the sexual conduct of others in the education or work environment has the purpose or effect of substantially interfering with a third party's welfare, academic or work environment.

Examples of Prohibited Behavior

Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:

1. Unwelcome sexual propositions, invitations, solicitations, and flirtations.

2. Threats or insinuations that a person's employment, wages, academic goals, promotional opportunities, classroom or work assignments or other conditions of employment of academic life may be adversely affected by not submitting to sexual advances.

3. Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene phone calls.

4. Implicit or explicit offers of employment or academic rewards for submission to sexual advances.

5. Sexually suggestive objects, pictures, videotapes, audio recordings or literature placed in the work or study area that may embarrass or offend reasonable persons applying contemporary community standards. Such material when used in an educational setting should be related to educational purposes.

6. Unwelcome and inappropriate touching, patting, or pinching; obscene gestures.

7. Consensual sexual relationships where such relationships lead to favoritism of a student or subordinate employee with whom the teacher or superior is sexually involved and where such favoritism adversely affects other students and/or employees.

Procedures

While the University of Wisconsin-Green Bay encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the University also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. In the event that such direct communication between individuals is either ineffective or impossible the University has established both formal and informal procedures to resolve sexual harassment complaints. These procedures will be implemented with discretion and sensitivity, giving careful attention to the rights of all parties to due process and confidentiality.

Complaints are most effectively addressed at the earliest possible stage. The persons involved in the complaint resolution process - be it the Sexual Harassment Contact Person (described below), supervisors, managers, directors or deans - will review each claim carefully to minimalize capricious claims and to uphold the rights of all parties.

Part I - Sexual Harassment Contact Persons

The campus has designated several members of the staff as Sexual Harassment Contact Persons (hereafter, Contact Persons). A list of Contact Persons can be found in as Appendix A to this policy document. The Contact Persons are available to serve as a resource to any individual who has a sexual harassment complaint or inquiry. The Contact Persons have information about applicable laws, University policies and procedures, options available for resolution of complaints, and confidentiality requirements. The Contact Person's functions include the following:

1. Inform the complainant that they are not required to reveal the identity of the alleged harasser or department when requesting information about sexual harassment. This preserves the anonymity of the case and allows the inquirer the full range of options available.

2. Provide information about sexual harassment and options for addressing it.

3. Inform the complainant regarding applicable University policies and procedures and outline various options, informal and formal, available for resolving the complaint. This information will include various strategies that the complainant may use if she/he wishes to attempt resolution individually (confronting the alleged offender, writing a letter to the alleged offender, third party intervention, etc.). Information regarding resolution mechanisms available outside the University shall be provided to the complainant when appropriate.

4. Seek informal resolution. If the complainant desires University assistance with the complaint, the Contact Person, after consultation with the AAO, may contact the alleged offender to seek informal resolution but will take no actions to investigate the case. The Contact Person may consult with or refer the case to the AAO.

5. Maintain notes necessary for handling informal complaints. Information on the number, location, and nature of complaints will be logged for statistical purposes and forwarded annually to the Affirmative Action Office. Records maintained by Contact Persons are not to identify the complainant or the person accused in the complaint but to allow the University to increase its knowledge about the extent and variety of sexual harassment on campus and what can be done to combat it effectively.

Part II - Confidentiality

Information and Advice

Persons seeking general information or guidance about sexual harassment from a Contact Person may be concerned about the confidentiality of the information they are sharing. While the University is eager to create a safe environment in which individuals can be unafraid to discuss concerns and make complaints, it is also true that the University may be legally obligated to take some action once it is informed that sexual harassment may be occurring. A discussion may remain completely confidential, and no action normally will be taken when an individual wishes to make an inquiry if he/she does not disclose any identifying information about him/herself or any other party (e.g., names, department, or unit).

Once an individual discloses identifying information, he/she will be considered to have filed a complaint with the university. While the confidentiality of the information received, the privacy of the individuals involved, and the wishes of the complainant regarding action by the University cannot be guaranteed, they will be protected to as great a degree 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 obtain information.

Informal Complaint Resolution Process

Informal complaints of sexual harassment may be reported to the AAO or any of the Contact Persons described above. Contact Persons should consult with the AAO or Human Resources Director before making any informal attempts at resolution.

1. Informal complaints may be submitted either orally or in writing.

2. While every effort will be made to maintain confidentiality for the complainant and respondent, the University must act to eliminate any unlawful sexual harassment.

3. The AAO or Contact Person will act as facilitator to mediate and resolve complaints. Activities undertaken toward this end may include fact gathering through interviews and discussions with the complainant and respondent, discussion with department chairperson, director, or dean, if appropriate, and counseling with the individuals involved.

4. Informal resolution may be attained through mutual consent of the complainant and respondent or through other informal remedial measures.

5. If the complainant is not satisfied with the resolution achieved following this informal process, a formal complaint may be filed.

6. The Chancellor may initiate a formal investigation that will be conducted by the AAO or other investigative officer, as designated by the Chancellor, if the informal complaint procedure is deemed not appropriate to the circumstances of the complaint. The AAO or investigative officer will proceed with the formal complaint, with or without the participation of the original complainan

Formal Complaint Process

All formal complaints must be filed in writing with the Affirmative Action Office. The AAO will discuss the nature of the complaint with the complainant, outline the principles of due process, and collect preliminary data. The AAO will also advise the complainant of his or her right to take complaints outside the University, e.g., to the State Personnel Commission or EEOC. Thereafter, the process will proceed as follows:

1. The complainant will receive written acknowledgment of the filing of the formal complaint within five (5) business days.

2. The allegation will then be investigated and findings of fact, determination, and recommended remedies will be prepared by the AAO or other investigative officer as designated by the Chancellor.

3. All investigations should be completed within sixty (60) days of the receipt of the formal complaint. Exigent circumstances may dictate additional time in limited circumstances.

4. If the investigation produces reasonable cause to believe that a violation of the University's Sexual Harassment Policy has occurred, these findings and the recommended action will be forwarded to the Chancellor.

5. If the Chancellor concurs with the findings and determination, he or she will initiate appropriate disciplinary action against the respondent.

6. Disciplinary action involving dismissal of a faculty member shall be in accord with the Chapter 4 contained in the Faculty Governance Handbook. The process completed by the AAO (or other) shall constitute the "informal procedures" referred to in the Faculty Governance Handbook. The matter shall proceed to a formal hearing conducted pursuant to the Chapter 4 without further informal procedures, if the faculty member requests such a hearing within ten days of being notified by the Chancellor/Provost of the action to be taken.

7. Disciplinary action involving dismissal of an academic staff member shall be in accord with Chapter 6 contained in the Academic Staff Governance Handbook. The process completed by the AAO (or other) shall constitute the "informal procedures" referred to in the Academic Staff Governance Handbook.

8. If disciplinary action is taken against a classified staff employee that is appealable under the State Personnel Commission statutes and regulations, then the staff member may pursue an appeal to the State Personnel Commission.

9. Complaints involving students (e.g. peer to peer harassment) shall be in accord with the Student Nonacademic Disciplinary Procedures, UWGB Chapter 17

10. Both the complainant and the respondent have the right to be accompanied by a friend or advocate throughout the entire process. In addition, each is entitled to the advice of legal counsel at his/her own cost at all stages in the proceedings.

Documentation and Reporting

Institutional liability is potentially created whenever any supervisor is notified or an administrator is aware of an allegation of sexual harassment. An effective process for reporting instances of sexual harassment is thus critical for implementation of this policy. All sexual harassment complaint allegations received and handled informally by deans, directors, chairs, supervisors, or their designees shall be reported immediately on a confidential basis to the Affirmative Action Office.

All reports of valid complaint allegations and records of informal complaint resolution will be held confidentially in the Affirmative Action Office. This confidential information will be used for statistical reporting required by state and federal law and for monitoring patterns of sexual harassment allegations. Where any pattern is detected, the Affirmative Action Office will consult with the Chancellor to determine if a fact-finding investigation should be initiated by the University so as to ensure the effective implementation and enforcement of its Sexual Harassment Policy. Records of allegations of sexual harassment found to be without merit will not be retained.

Retaliation Prohibited

No individual filing a complaint or otherwise participating in a complaint procedure will be subject to reprimand or retaliatory action. Retaliatory action of any kind taken against an employee or student as a result of that person's seeking redress under the applicable procedures dealing with sexual harassment is prohibited. Such action shall be regarded as a separate and distinct cause for complaint whether a charge or informal complaint is substantiated. Encouraging others to retaliate also violates the policy. Examples of prohibited retaliation include but are not limited to unfair evaluation or grading, public or private ridicule, intimidation and/or further harassment.

Malicious or Frivolous Allegations

If it is determined that a sexual harassment allegation is malicious or frivolous in nature, the complainant may be subject to disciplinary action.

Grievance Procedures

Formal procedures need to be coordinated with tenure policies, existing grievance procedures and procedures maintained by union contract. Any person who is disciplined pursuant to this policy may exercise any and all grievance rights applicable to such person. All grievances shall be processed in accordance with Chapter 6 of the Faculty Governance Handbook, Chapter 8 of the Academic Staff Governance Handbook, UWGB 17, Student Nonacademic Disciplinary Procedures, or the relevant union grievance procedure(s).

Academic Freedom

The University of Wisconsin-Green Bay is committed to protecting the academic freedom and freedom of expression of all members of the University community. This policy against harassment shall be applied in a manner that protects the academic freedom and freedom of expression of all parties to a complaint.

Time Limits

A formal or informal compliant must be filed with the AAO office within one hundred and twenty days (120) of the last occurrence of the alleged discriminatory conduct or event. Extensions will not be granted unless the complainant can demonstrate a compelling reason for delay.

Federal and state agencies have their own filing deadlines that may be shorter than the deadline provides in this policy. The filing of an internal complaint does not extend filing deadlines of federal and state agencies; external agency deadlines continue to run even thought complaints has been filed internally. Complainants should contact each agency for guidance. Upon the request of the complainant, the AAO will provide the addresses and telephone numbers of external agencies responsible for enforcing federal and state laws and regulations prohibiting discrimination of the bases previously listed.

Transmittal of this Policy

Copies of this policy and procedures shall be included in all governance handbooks and distributed to each member of the University community. Annual training on sexual harassment is held for all members of the University Community at various times during the year.

APPENDIX A -

SEXUAL HARRASSMENT CONTACT PERSONS

Affirmative Action Officer (AAO)
Environmental Science, Suite 105
(920) 465-2196

Dean of Students
Student Services, Suite 2000
(920) 465-2152

Human Resource Director
Environmental Science, Suite 107
(920) 465- 2326

Counseling and Health Center
Student Services, Suite 1400
(920) 465-2380

University Ombudsperson
Cofrin Library, Suite 805
(920) 465-2622

Dean of Professional and Graduate Studies
Wood Hall 303
(920) 465-2050

Dean of Liberal Arts & Sciences
Theatre Hall 335
(920) 465-2336

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