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Sexual harassment policy

General Principles

The Institute seeks to provide an academic and work environment in which all members of the Institute’s community are treated fairly and equitably and with the respect and dignity necessary to allow each member of this community to realize his or her full potential. Sexual harassment is contrary to this goal. Incidences of sexual harassment impede equal employment and educational opportunities, impede equal access to freedom of academic inquiry, diminish individual dignity, and present serious and unacceptable barriers to fulfilling the Institute's scholarly, research, educational, and service missions. Sexual harassment is a very serious matter with far-reaching effects on the lives and careers of individuals. It is therefore important that all faculty understand what is meant by sexual harassment, avoid engaging in conduct that constitutes sexual harassment, and be aware of Institute policies and resources for dealing with sexual harassment.

Sexual harassment is unlawful under both federal and state laws: it is prohibited by Title VII of the 1964 Civil Rights Act, by Title IX of the Educational Amendments of 1972. The brochure, "Institute Commitment" further describes sexual harassment and other forms of prohibited discrimination. An institutional committee provides consultation about suspected incidents of discrimination or harassment, and customized educational programs on sexual harassment as well as other prohibited forms of discrimination.

Sexual harassment of another person by a student is a violation of the Statement of Student Rights and Responsibilities.

Definition of Sexual Harassment

For the purposes of determining whether a particular course of conduct constitutes sexual harassment under the institute’s policy, the following definition is used:

 

Definition of Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment, or participation in the institute activity;

 

  1. Submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in the institute activity; or

 

  1. Such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual’s employment, education, living environment, or participation in the institute activity.

Procedures for Addressing Sexual Harassment Claims/Resources

The institutional committee is responsible for ensuring the Institute’s compliance with federal and state nondiscrimination laws. However, a discrimination free environment is the responsibility of every member of the community. The Institute can take corrective action only when it becomes aware of problems. Therefore, persons who believe they have experienced or witnessed sexual harassment are encouraged to come forward promptly with their inquiries, reports, or complaints, and to seek assistance within the institute. A number of options exist for resolving sexual harassment complaints, from informal resolution processes to formal investigations and grievance procedures. Individuals also have the right to pursue a legal remedy for sexual harassment in addition. 

Lodging a complaint

An individual may file a complaint about alleged sexually harassing behavior or retaliation by contacting an Institutional committee member or department head.

Investigation of complaints

After the filing of the complaint a preliminary investigation should be conducted and report should be submitted to the institutional committee member. Based on the preliminary report, the institutional committee should determine the most effective method of investigation of the concerns raised by the complainant. In most cases, this involves conducting a thorough fact-finding investigation. The purpose of an investigation, which includes interviewing the parties and witnesses, is to gather and assess evidence. An investigation or review may be performed by the member of institutional committee, by another office, or jointly as determined by the institutional committed for sexual harassment. As appropriate, the investigating office works collaboratively with the President’s office. After concluding the investigation, the investigator prepares a draft of the written report, which he or she then provides to the complainant, the respondent, to the appropriate supervisor, to the institutional committee for sexual harassment and to the President’s office.

Determination of findings and corrective action, where applicable

Following an opportunity for the complainant and respondent to review a summary of the evidence gathered during the investigation and to submit comments on the draft summary, and after additional steps are followed as described in the procedures, the investigator makes a determination regarding the merit of the allegations. If the report finds that discrimination or harassment occurred, the institute will determine appropriate corrective action. If the investigator determines that the respondent did not engage in discrimination or harassment but did engage in inappropriate workplace behavior, the institute may also take corrective action. An appropriate corrective action will be decided in the meeting of the President and Institutional committee for sexual harassment.

Appeals

The respondent may grieve any corrective action that is disciplinary in nature through the grievance mechanism available to him or her.

Retaliation

The Institute will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an informal resolution or formal investigation of a sexual harassment allegation will not be subjected to retaliation. The Institute will also take appropriate steps to assure that a person against whom such an allegation is made is treated fairly. The Institute will also take appropriate follow-up measures to assure that the goals of this policy are met. Persons who believe they are experiencing retaliation are strongly encouraged to lodge a complaint with the Institute, using the same procedure for lodging a complaint of sexual harassment.