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'e' YX"( 'LD.rr(1<'r'4/\$- I 'll"^-t(t'&rt I v./ASHINGION \-, THE PITESIDEN,I. TO: Lilien F. Robinson FRONI: Stephen J. Trachtenberg ^000-01 Faculty Senate Resolutions SUB.,IECT: DATE: June27,20O1 Lilien: I am responding to John Boswell's memorandum of April 30, 200't Providing a compendium of resolutions acled upon by the Faculty senate durir its 2000-0'l session. As Professor Boswell requested, I am pleased to attach the response Of Administration to these resolutions for inclusion in the Faculty senate Annual Report. U SJT/h Attachment cc+ John Boswell Donald Lehman U &E]aoF: FlHoZaNCo l(J afrjaaHoz o(r)Oa s) C) .00 . 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O ''l"-r O O ,(.t-l(n 1r..1+rr0o.c tr c 0)0 oU)A C O !X O{Jrq.crda)o o.-{ AETEIT()(dO) l-l ul'.{ (daao orlEoc d< o'\ Or-r co j: 6.< 6o i-r n-) 6 X i'n n.o!+J '"{Q.-r5 ".-' Arr-6-1 .(:| ^,,\ OoO('D.{!rXr\ (6.-l s:(JG)+)..{cEn Ot $ Nr-Oc-l a(dE0l rda rd.a(-) p <<d to-\rC, O c.l r* Or .dE+r '\ O o CF.{d rO- Q(J co!-oOJ(4LN J ; ) OO t-- s rica O-l < tr-ro0( t-l0)OQ{olro.-r lqr+JO'.1 (I)ou) 1..{ Flq-r n<.cO"C(L!(,n)o".r cQrdo+J(,)3..r ooC r-rr-{ s<rd'\6 O--'{ O O--lcn Or lJ -\ rdO o E.-r.t5 q+J'q'r{>oC s-G)ro; t(.-\ )tJ A RESOLUTION TO ENDORSE THE POLICY AND PROCEDURES II-,'"i.I.r i' II ' GOVERNTNG SEXUAL HARASSMENT COMPLATNTS (sst6) i , WHEREAS, the Faculty Senate, in a meeting on I)ecember lL, 1998, passed a resolution to refer the Interim Policy and Procedures Governing Sexual Harassment Complaints to an Ad Hoc Committee for review; and WHEREAS, the Ad Hoc Committee has reviewed the Interim Policy and Procedures and, based upon wide-ranging consultation, the study of sexual harassment policies from other institutions, the study of sexual harassment literature and court cases, has recommended changes to the Interim Policy and Procedures both in the interests of clarification and simplification and in substance; and WHEREAS, the Faculty Senate resolution of I)ecember 11, 1998, directed the Ad Hoc Committee to report its recommendations with respect to any changes to the Interim Policy and Procedures Governing Sexual Harassment Complaints to the Faculty Senate; NOW, THEREFORE BE IT RESOLVED BY THE FACULTY SENATE OF THE GEORGE WASHINGTON UNTVERSITY That the Faculty Senate endorses the Policy and Procedures Governing Sexual Harassment Complaints as recommended by the Ad Hoc Committee. Ad Hoc Committee to Review Interim Policy and Procedures Governing Sexual Harassment Complaints January 12,2OO0 Postponed, March 10, 2000, to April 14,2000 Recommitted, April 21,2000, to Ad Hoc Committee Adopted, as amended, May 5,2000 IAS AI'{ENDED BY THE FACULTY SENATE, April L4 , April 2L , & May 5, 2OO0l AS RECOMMENDED BY THE AD HOC COMMITTEE ON POLICY AND PROCEDURES GOVERNING SEXUAL HARASSMENT COMPLAINTS SEXUAL HARASSMENT POLICY AND PROCEDURES First principles of this policy The George llashington University is conunitted to maintaining a positive climate for study and work, in whieh individuals are judged solely on relevant factors, such as ability and performance, and can pursue their activities in an atmosphere that is free from coercion and intimidation. The University mission statement provides that the University rrwalues a dynamic, student-focused conrnunity stimulated by cultural and intellectual diversity and built upon a foundation of integrity, creativity, and openness to exploration of new ideas.'r The University is committed to free inquiry, free expression, and the vigorous discussion and debate on which advancement of its mission depends. Sexual harassment is destructive of such a climate and will not be tolerated in the Uniwersity conununity. Objectives This policy and these procedures aim to inform members of the University eommunity what sexual harassment is and what they can do should they encounter or observe it. The University prohibits sexual harassment by any student, staff member, faculty member, and others in the Uniwersity conununity; encourages reporting of sexual harassment before it becomes severe or pervasiwe; identifies accessible persons to whom sexual harassment may be reported; reguires persons (whether faculty, staff or student) in supervisory or evaluatiwe roles to report sexual harassment complaints to appropriate officials; prohibits retaliation against persons who bring sexual- harassment complaints; assures confidentiality to the fuIl extent consistent with the need to resolve the matter \\\DC - 8OOr/l03 - #937083 v15 appropriately; assures that allegations will be promptly, thoroughly, and impartially addressed,' and provides for appropriate corrective action. The ultimate gfoal is to prevent sexual harassment, through education and the conti-nuing development of a sense of community. But if sexual harassment occurs, the Uniwersity will respond firmly and fairly. As befits an academic community, the University's approach is to consider problems within an informal framework when appropriate, but to make formal procedures available for use when necessary. ?Ihat sexual harassment is The University has adopted the following definition of sexual harassment, substantially derived from Equal Employrnent Opportunity Commission and Department of Edueation statements: Unweleome sexual adwances, reguests for sexual fawors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is explicitly or implicitly made a term or condition of academic participation or activity, edueational advaneement, or emplo1'rnent; l2l submission to or rejection of such conduct by an individual is used as the basis for emplol.rnent or academic decisions that affect the indiwidual,' (3) such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or limiting participation in University programs,' or (4t the intent or effect of such conduct is to create an intimidating, hostile, or offensive academic or work environment. Sexual harassment may occur without regard to either party's gender. Nothing in this polic1, limits academic freedom, guaranteed by the Faculty Code, which is a pre-eminent value of the University. This policy shall not be interpreted to abridge academic freedom. Accordingly, in an aeademic setting expression that is reasonably designed or reasonably intended to contribute to academic inguiry, education or debate on issues of public concern shall not be construed as sexual harassment. A person who eommits sexual harassment in wiolation of this policy will be subject to disciplinary actionr up to and including expulsion or termination. -2 \\\DC - SOor/1o3 - #e37oa3 v1s Prevention; dissemination of information The Uniwersity is conunitted to preventing and remedyingr sexual harassment of students, faculty, and staff. To that end, this poliq,r and these procedures will be disseminated in the Uniwersity conununity. In addition, the Uniwersity will sponsor programs to inform students, faculty, and staff about sexual harassment and the problems it causes; advise mernbers of the University community of their rights and responsibilities under this policy and these procedures; and train personnel in the administration of the policy and procedures. Consensual relationships Relationships that are welcomed by the parties do not entail sexual harassment, and are beyond the seope of this policy. Whether a relationship is in fact welcomed will be gauged according to the circumstances; special risks are involved when one party -- whether a facurty member, staff member or student is in a position to ewaluate or exercise authority over the other. Even when both parties previously consented to a sexual relationship, a charge of sexual harassment may be based on subseguent conduct that one of them does not welcome. Members of the university conununity are cautioned that consensual relationshipsr ?s well as relationships that are not consensual, can in some circumstances entail abuse of authority, conflict of interestr or other adverse consequences that may be addressed in accordance with pertinent University poliry and practice. What to do Three procedural avenues of redress are available to members of the University conununity who beliewe that sexual harassment has oecurred -- eonsultation, informal resolution, and formal complaint. Often, eoncerns can be resolved through eonsultation or informally resolved. rf the matter is not satisfactorily resolved through the consultation or informar resorution procedure, a formal complaint may be initiated. 3 \\\DC - 8oo1/103 - r937O83 vl5 Consultation A member of the University community who is uneomfortable with one or more instanees of conduct of a sexual nature that may be inappropriate (even if the person is unsure whether the conduct constitutes sexual harassment), may discusss the matter with the person who has engaged in the behavior or with his or her department chair, dean, staff superwisor, or Dean of Students. Al.ternatively, or in addition, the offended person may seek University-Ievel assistance by initiating consultation regarding the matter, by contacting the Office of the Vice President and General Counsel. That Office will assign a Coordinator to the case and arranele an initial consultation. The Coordinator will provide a copy of the sexual harassment polic1, and procedures, respond to guestions about them, assist in developing strategies to deal with the matter, and work in accordance with the procedure set forth in Appendix A. Alternatively, the individual may discuss the matter with the Director of the Office of Egua1 Employrnent Aetivities, the Dean of Students, or the Assistant Vice President in the Office of Faculty Recruitment and Personnel Relations, any of whom may determine the need to refer the matter to the Office of the Vice President and General Counsel, for assignment to a Coordinator. Informal resolution procedure An informal resolution procedure, which is initiated in the same manner as a consultation, entails an investigation by the Coordinator of the charges in accordanee with Appendix B. Forma1 complaint procedure The formal complaint procedure is arrailable when the informal resolution procedure fails to resolve satisfactorily the allegation of sexual harassment. The person who made the allegation of sexual harassment (the rrComplainant"), the person against whom the allegation was made (the "Respondentrr) or a responsible University official may initiate a formal eomplaint. A formaJ. complaint is initiated by submitting to the Coordinator a signed, written reguest to proceed with a formal complaint. The request is due within 15 business days after the person 4 \\\DC - 8OOl/r03 - #937Oa3 v15 receives from the responsible Uniwersity official a statement of the disposition of the informal resolution procedure. The Coordinator will inform the requesting party of the process that wiJ.l be followed and provide a copy of the applicable procedure. The Code of Student Conduct will govern the formal complaint procedure when both parties are students. The applicable staff qrievance procedures will govern the formal eomplaint procedure when both parties are staff members. The formal eomplaint will be resolwed in accordance with the Forma1 Complaint Procedures set forth in Appendix C, when: (a) the Complainant is a student and the Respondent a faculty or staff member; (b) the Complainant is a faculty mernber and the Respondent a staff member or student; (c) the Complainant is a staff member and the Respondent a faeulty member or student; or (d) the Complainant and Respondent are faculty members. Outcomes If the informal resolution procedure or formal complaint proeedure results in a determination that sexual harassment occurred, the findings and recommendations shall be referred to the appropriate University official for imposition of comeetive action, including sanctj-ons that the official is authorized to impose; provided that an informal resolution procedure may not result in a sanetion unless the Respondent has consented thereto. A ranqe of relevant considerations should be taken into account in determining the extent of sanctions, such as the severity of the offense, the effeet of the offense on the victim and on the Uniwersity community, the eonsequences of the sanction to the Respondent, and the offender's record of serviee and past offenses. Sanetions may include, but are not limited to, oral or written warning, suspension, oq>ulsion, or termination of emplol,rnent; provided that a tenured faculty member may not be dismissed except in accordance with the procedures set forth in the Faculty Code, Section F. T.he University may impose interim corrective action at any time, if doing so reasonably appears reguired to protect a member of the University community. 5 \\\DC - 8OO1/1O3 - #937083 v15 Redress of disciplinary action ^. Nothing in this policy or these procedures sha1l be deemed to revoke any right that any member of the University community may have to seek redress of a disciplinary action, such as a faculty memberrs right to maintain a grievance under the Faculty Code- Confidentiality The Coordi-nator and other investigators and decision-makers will strive to maintain confidentiality to the full extent appropriate, consistent with the need to resolve the matter effectively and fairly. The parties, persons interviewed in the investigation, persons notified of the investigation, and persons involved in the proceedings will be advised of the need for discretion and confidentiality. Inapproprj.ate breaches of confidentiality may result in disciplinary action. Retaliation Retaliation agai-nst a person who reports, complains of, or provides information in a sexual harassment investigation or proeeeding is prohibited. Alleged retaliation wilI be subject to investigation and may result in disciplinary action up to and including termination or expulsion. False claims A person who knowi-ngly makes false allegations of sexual harassment, or who knowingly provides false information in a sexual harassment investigation or proceeding, will be subject to disciplinary action. Time limits The University aims to administer this policy and these procedures in an eguitable and timely manner. Persons making allegations of sexual harassment are encouraqed to come forward without undue delay. Established time limits may be extended for good cause, upon reguest. 6 \\\DC - sOOr/1o3 - *9s7O83 vrs