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DEFINITION BY UW-SYSTEM
Sexual harassment is
defined
by the University of Wisconsin System Board of Regents as follows:
Sexual harassment is a form
of
sex discrimination. It occurs in a variety of situations which 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:
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Submission to such conduct
is made
either explicitly or implicitly a term or condition of an individual’s
employment or education;
- Submission to or
rejection of such
conduct by an individual is used as the basis for academic or
employment
decisions affecting that individual; or
- Such conduct has the
purpose or
effect of substantially interfering with an individual’s academic or
professional
performance or creating an intimidating, hostile or demeaning
employment
or educational environment.
Any of the forms of sexual
harassment
(as defined above) may be grounds for disciplinary action. Discretion
must
be used in each situation and action taken within the established
procedures.
The definition provides a base of understanding for all.
- PROCEDURES
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When any employee or
student has
reason to believe that they have been sexually harassed, they should
contact
the Assistant to the Chancellor for Equal Opportunity and Diversity or
designee.
- Any employee or faculty
member who
comes to know that another student, employee or faculty member is
concerned
about, or knows another who is concerned about, being sexually
harassed,
should refer that individual(s) to the Assistant to the Chancellor or
designee, contact 472-1072.
- The Assistant to the
Chancellor or designee
is prepared to discuss the events, feelings or perceptions creating the
concern. These informal discussions may lead to four possible actions
depending
on the facts presented and the wishes of the offended individual.
Identities
of complainants do not have to be made known without their prior
approval
in the informal action.
- The Chancellor may be
informed
at the informal stage. The Chancellor may request specific information
at this time, and will be provided with updates.
- The Assistant to the
Chancellor
or designee can seek to determine, after any initial complaints,
whether retaliation
or further harassment has occurred.
- Informal Procedures:
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No Action
-
The actions fall
outside the definition
of sexual harassment, or
- The offended
individual decides
against, or the Assistant to the Chancellor does not consider further
action
appropriate.
-
Informal Indirect Action
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When there has been no
education
of the unit in which the offending individual works, the Assistant to
the
Chancellor will arrange to provide education on sexual harassment, what
it is and why it is illegal in the workplace.
- The goal will be to
"send a clear
message" to the offending individual without confronting him or her nor
assuming knowledge that offense has been given.
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Informal Direct Action
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A "friendly" meeting
is arranged
to permit the Assistant to the Chancellor or designee to convey the
concerns of the
offended individual to the offender with the goal of stopping the
behavior.
- The Assistant to the
Chancellor or designee
will present the problem, gather any additional information, attempt to
resolve the situation and/or provide education on sexual harassment.
- The offending
individual may have
a third person present at the informal meeting, will be informed of
possible
subsequent actions and also has the right to confidentiality during the
initial informal phase.
-
Formal Procedures: This is
the formal
complaint stage, and commences at the request of the offended
individual
and
-
The informal indirect
action did
not stop the harassment or retaliation occurred;
- the case is deemed
serious enough,
after investigation, by the Assistant to the Chancellor, or
- punitive action is
sought by the
offended individual.
- if the complaining
individual is
a student, procedures for Wisc.Stat. 36.12, Non-Discrimination Against
Students, applies (see U.H. IV-K, p.1-3); if a faculty member or
academic
staff member, Affirmative Action Grievance Procedure, Unclassified
Personnel,
U.H. VI-D, p. 5; if classified staff, Affirmative Action Grievance
Procedures,
Classified Personnel, U.H.VI-D p.6.
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ROLE OF THE ASSISTANT TO
THE
CHANCELLOR FOR EQUAL OPPORTUNITY
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Will act as advisor and
counselor
to offended or complaining individuals;
- Will act as an
information and education
resource on the policy and procedures of sexual harassment;
- Will seek to mediate or
otherwise
resolve informal complaints; will investigate and report out findings
on
formal complaints.
- Will maintain all files
regarding
sexual harassment actions, complaints, programs, etc.