HARASSMENT POLICY

Policy
It is against University policy to harass or to discriminate against any member of the University Community on the basis of sex or race. Such actions are prohibited not only by University Policy, but also by Title VII of the Civil Rights Act of 1964 as amended, and Title IX of the Educational Amendments of 1972. Violation of these Acts may subject the University and/or individuals to disciplinary action and may have legal consequences.

Harassment is reprehensible and will not be tolerated by the University. It subverts the mission of the University and threatens the careers, educational experience and well being of students, faculty and staff. Incidents involving sexual harassment or racial
harassment have no place within the University. In both obvious and subtle ways, even a suggestion of sexual or racial harassment is destructive to individual students, faculty, staff and the academic community as a whole. When, through fear or reprisal, a student, staff member, or faculty member submits or is pressured to submit to unwanted sexual attention, the University's ability to carry out its mission is undermined.

Sexual harassment is especially serious when it threatens relationships between teacher and student or supervisor and subordinate. In such situations, sexual harassment exploits unfairly the power inherent in a faculty member or supervisor's position. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on
a student's, staff member's or faculty member's career at the University and beyond.

While sexual harassment most often takes place in situations of a power differential between the persons involved, the University also
recognizes that sexual harassment may occur between persons of the same University status. The University will not tolerate behavior
between or among members of the University community that creates an unacceptable work or educational environment.

A. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when one of the following criteria is met:

1. submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment or of
   the individual's status in a program, course or activity; or
   
2. submission to or rejection of such conduct by an individual is used as a basis for employment decisions, a criterion for
   evaluation, or a basis for academic or other decisions affecting such individual; or
   
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational
   experience or creating an intimidating, hostile, or offensive work or educational environment.
   

B. Sexual harassment encompasses any sexual attention that is unwanted and can take many forms, but most sexual harassment falls into three categories: verbal, visual, and physical. The examples listed above are not exclusive, but simply represent types of conduct that may constitute sexual harassment. Some examples of behavior or conduct that may constitute sexual harassment include, but are not limited to:

1. refusing to hire, promote, or granting or denying certain privileges because of acceptance or rejection of sexual advances
   
2. promising a work-related benefit or a grade in return for sexual favors
   
3. suggestive or inappropriate communications, e-mail, notes, letters, or other written materials displaying objects or pictures which are sexual in nature that would create hostile or offensive work or living environments
   
4. sexual innuendoes, comments, and remarks about a person's clothing, body or activities
   
5. suggestive or insulting sounds
   
6. whistling in a suggestive manner
   
7. humor and jokes about sex that denigrate men or women
   
8. sexual propositions, invitations, or pressure for sexual activity
   
9. implied or overt sexual threats
   
10. suggestive or obscene gestures
    
11. patting, pinching, and other inappropriate touching
    
12. unnecessary touching or brushing against the body
    
13. attempted or actual kissing or fondling
    
14. coerced sexual intercourse
    
15. sexual assault
    Whether the alleged conduct constitutes sexual harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of sexual advances in the context within which the alleged incident occurred. Please note that sexual assaults may be criminal acts and as such, investigation and processing by the criminal justice system, local police, campus security and crisis intervention centers may supersede the process developed under this Guideline.
    

C. Consensual Relationships - Intimate relationships between supervisors and their subordinates, and between faculty members and students are discouraged since such relationships could lead to undue favoritism or the perception of undue favoritism. Such
relationships are improper when they influence or could reasonably be expected to influence decisions or actions in University related matters.

D. Generally, racial harassment is defined as any person's conduct which unreasonably interferes with an employee's or student's status or performance by creating an intimidating, hostile, or offensive working or educational environment. Harassment on the basis of race, color, or national origin, includes offensive or demeaning treatment of an individual, where such treatment is based typically on prejudiced stereotypes of a group to which that individual may belong. It includes, but is not limited to, objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin. Title VII requires employers to take prompt action to prevent individuals from expressing their opinions in a way that abuses or offends their coworkers.

The University seeks to encourage the prompt reporting of such harassment and its prompt resolution through University procedures.  Where the charge of harassment is by one student against another student, the Assistant Dean of Students for Judicial Affairs, 213 Mitchell Hall, will investigate and resolve the complaint in accordance with appropriate student procedures. Other charges, not relating to complaints against students, should be directed to the University Affirmative Action Officer, 156 Administration Building, for investigation and recommendations to the President and will follow guidelines set forth in University Procedure 2A:12:04A.

In addition, the University will take steps towards and encourage the development of programs aimed at informing students and employees of their rights to be free from sexual harassment and the procedures available for reporting. Programs will also be developed and aimed at preventing harassment.

Procedure
The purpose of this procedure is to provide a clearly defined means of reporting and investigating the complaints of students, faculty, and staff where they believe they have encountered harassment as defined by the University policy. The final resolution of such complaints and the imposition of any appropriate sanctioning will be governed by existing University procedures as stated herein.

The President has assigned the University Equal Employment/ Affirmative Action Compliance Officer the responsibility of investigating any complaint related to this procedure. The responsibility of investigating complaints against students has been assigned to the Assistant Dean for Judicial Affairs in accordance with appropriate student disciplinary procedures.

Since harassment based on race, sex, or any other factor has been defined as discriminatory in nature, the following will be implemented for the reporting of harassment:

A. Complaint by faculty member or staff against student - Procedure: Complaint to Assistant Dean of Students for Judicial Affairs for investigation and disposition.

B. Complaint by student against faculty member or staff; faculty member against staff; faculty member against faculty member or supervisor; or staff against faculty member, staff, supervisor or outside University contracting agency - Procedure: Complaint to University Affirmative Action Officer for investigation and possible disciplinary action by the President.

Procedures
The following procedures are intended to protect the rights of the aggrieved party as well as the party against whom an allegation of harassment is lodged, as required by state and federal laws. Each allegation will be properly and promptly investigated and, when warranted, appropriate disciplinary action taken against the individual charged.

In situations that require immediate action, because of safety or other concerns, the institution can take any disciplinary action that is appropriate, e.g., suspension with pay, pending the outcome of the investigation by the EEO/AA Officer or Assistant Dean of Judicial Affairs. The University Affirmative Action Officer and the President should be contacted in situations requiring immediate action.  The TBR Office of General Counsel will be contacted before any immediate action is taken and prior to any investigation.

A. Investigation

1. Any student, applicant for employment or employee who believes he or she has been subjected to harassment at The University of Memphis shall present the allegation to the designated EEO/AA Officer or Assistant Dean for Judicial Affairs
   responsible for compliance with Title VII of the Civil Rights Act of 1964, Title VI, or Title IX of the Education Amendments of 1972.
   
2. Every attempt will be made to get the aggrieved party to provide the allegation in writing. The allegation shall include the circumstances giving rise to the allegations, the date of the alleged occurrences, and names of witnesses, if any. The allegation shall be signed by the aggrieved individual. However, where the aggrieved individual refuses to provide or sign a written allegation, the allegation will still be investigated, and recommend to the President appropriate action. Allegations made anonymously or by a third party must also be investigated to the extent possible. Based on the findings of this investigation, the EEO/AA Officer may recommend to the President appropriate action that may or may not be the steps outlined in the remaining paragraphs of this guideline.  If there is insufficient evidence to corroborate the allegation(s) or, in any situation in which the alleged victim refuses to cooperate in the investigation, it may be appropriate to discuss the allegation with the alleged harasser, informing him or her that s/he is not being accused of a P-080 violation, but that the conduct alleged could be found to violate this guideline. Any investigation and subsequent discussion should be documented and a report submitted as set forth in this procedure.
   
3. The Office of General Counsel shall be notified of the allegation, whether written or verbal, as soon as possible after it is brought to the attention of the EEO/AA Officer or Assistant Dean for Judicial Affairs and the investigation will be under the direction of the General Counsel. On campus legal assistance shall be forwarded a notice of the allegation.  Where a student is the party against whom a complaint is made, all documentation shall be subject to the provisions and
   protections of the Family Educational Records and Privacy Act (FERPA).
   
4. The EEO/AA Officer or Assistant Dean for Judicial Affairs shall notify in writing the alleged harasser within five (5) working days of receipt of the allegation. The alleged harasser shall respond in writing to the allegation within five (5) working days of notification.  The alleged harasser should be notified that any retaliation against the accuser is strictly prohibited regardless of the outcome of the P-080 investigation and may, in itself, be grounds for disciplinary action.
   
5. The EEO/AA Officer or Assistant Dean for Judicial Affairs may meet with both parties for the purpose of resolving the charge informally. If informal resolution is successful in resolving the complaint, a report of such, having first been reviewed and approved by the Office of General Counsel, shall be submitted to the President.
   
6. A report shall be submitted to the President and the parties within twenty (20) working days following receipt of the allegation. Each report shall outline the basis of the allegation, including the dates of the alleged occurrences, the response of the alleged harasser, the findings of the EEO/AA Officer or Assistant Dean for Judicial Affairs and all attempts to resolve the allegation informally and recommendations regarding disposition of the allegation. If following an investigation the EEO/AA Officer or Assistant Dean for Judicial Affairs finds there is no substantial evidence to support the charge, the parties shall be so advised in writing.
   
7. The President shall review the report and make a final determination as to whether a violation has occurred and, if so, what the appropriate resolution should be.  If the investigation reveals evidence to support the allegation, the President may meet with the charged party and/or the aggrieved party and attempt to resolve the problem by agreement. Appropriate steps must be taken to ensure that the harassment will not reoccur. The charged party shall be advised of his/her right to a hearing pursuant to the procedures set forth below. An alleged harasser may request a hearing within ten (10) days following receipt of the report.
   

B. Hearing

1. If the charged party requests a hearing, he or she shall be advised of hearing procedures available under Board of Regents Policy No. 1:06:00:05, Uniform Procedures for Cases Subject to Tennessee Uniform Administrative Procedures Act, and of the established The University of Memphis procedures available for resolution of the matter in question. The party requesting a hearing shall be given the opportunity to elect the procedures pursuant to which the matter shall be heard.
   
2. When an individual elects to proceed under the established The University of Memphis procedures for resolution of the matter, the election should be in writing and signed by the individual making the election and should expressly waive the
   procedures available under the TUAPA as to the matter in question. When a party elects to proceed pursuant to established institutional procedures, these procedures shall include the following minimal requirements:
   a. Notice of the charge to the party or parties.
   b. The right of the party or parties to present his or her case.
   c. The right to be accompanied by an advisor.
   d. The right to call witnesses in his or her behalf.
   e. The right to confront witnesses against him or her.
   In addition, in any case where the President makes a decision which is adverse to the charge or claim of either party, the
   President shall advise the person of any right of appeal provided by TBR policy.
   
3. Individuals electing to proceed under the TUAPA shall be referred to the appropriate University of Memphis official responsible for commencement of actions under the TUAPA as provided in Board Policy No. 1:06:00:05.
   
4. When an allegation involves a tenured faculty member, the same informal and formal procedures set out above shall be utilized. Tenured faculty members shall have the same right to elect hearing procedures as set out herein. However,
   where the investigation results in a finding that the harassment policy was violated and the President concurs with that finding and determines that the harassment constitutes adequate cause for termination, then the matter will proceed directly to a hearing under either The University of Memphis policy for termination of tenure or TBR policy 5:02:03:00.