Student Handbook

Policy on Sexual Harassment

Definition

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:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education;
  2. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or
  3. 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.
  4. 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

The procedures utilize the coordinator as the initial formal contact for all campus groups. The offended party and the coordinator will choose from among the following courses of action:

  1. No Action

    2. The coordinator and the offended party choose whether to initiate action if

    1. The allegation is believed by the coordinator to fall outside of the definition of sexual harassment, or
    2. The offended party decides not to pursue and the coordinator does not deem formal action appropriate.
  2. Informal Indirect Action

    3. The coordinator and the offended party choose whether to initiate informal, indirect action. This may include a discussion with the offending party's unit without reference to any individual incident. This approach may be chosen based upon criteria such as:

    1. No previous educational programs regarding sexual harassment within unit,
    2. The unit's perceived openness to additional education,
    3. The coordinator's judgment regarding the usefulness and appropriateness of further education, and
    4. The seriousness of the harassment. If this approach does not lead to changed behavior on the part of the offending party, the coordinator and the offended party may choose another approach.
  3. Informal Direct Action

    4. The informal direct process involves a friendly meeting between the coordinator and the offending party. The procedures consist of the following steps:

    1. The Coordinator and offended party reach a mutual decision to pursue to concern following the meeting between them. The offended party may keep his/her name confidential at this stage. In this instance the offended party primarily wants the activities to cease and is not seeking punitive action. Likewise the coordinator believes this to be the best intervention.
    2. The Coordinator and the Chancellor meet regarding the nature of the situation and the Coordinator's steps and plans. The Chancellor may request specific information at this time.
    3. The Coordinator and offending party meet. The purpose of this meeting is to present the problem as currently perceived, gather additional information, attempt to resolve the situation, and educate the offending party regarding sexual harassment.
    4. The Coordinator meets with the offending party to determine if there has been retaliation and/or further harassment.
    5. The Chancellor is updated.

    In cases where informal indirect action is deemed appropriate, the coordinator has the power to educate and persuade. The offending party has the right to have a third person present at the informal meeting and be informed of rights in possible subsequent formal action. The offending party has the right to have the matter pursued with anonymity during the initial informal contact.

  4. Formal Procedure

    5. Formal action is initiated when:

    1. The informal indirect action did not produce cessation or did produce retaliation,
    2. The case is deemed serious enough by the coordinator, or
    3. Punitive action is sought by the offended party. Existing complaint and grievance procedures are outlined in Appendix A.

    In these cases, the Coordinator assists an offended party in the following ways:

    1. Helping to make the choice between filing an grievance and filling a complaint, or both (see Appendix A).
    2. Helping a grievant or complainant with the preparation and presentation of the grievance or complaint.
    3. Serving as advisor, aid and companion, during formal hearings.