Mime-Version: 1.0 Date: Wed, 22 Nov 1995 07:24:20 -0500 To: cafe=dlist@GS140.SP.CS.CMU.EDU From: "Scott A. Safier" Subject: current policy on sexual harassment Sender: cafe+@GS140.SP.CS.CMU.EDU This is the current policy on sexual harassment. I wanted to post this so that people know what the current policy is, and what changes the new policy makes. Snide comments from me will be in [] ************************************************************** Editor's notes... POLICY TITLE: Policy Against Sexual Harassment DATE OF ISSUANCE: This policy was originally issued to campus on 2/1/91 to supersede Organization Announcement #299-D, "Policy Against Sexual Harassment." It was reissued on September 5, 1994. ACCOUNTABLE DEPARTMENT/UNIT: Human Resources. Questions about policy content should be directed to Barbara Smith, assistant vice president for human resources, x8-8709, or any of the designated contacts listed within the policy text. [note that the accountable department is human resources. this is viewed as a workplace policy] MISC: See also the post STUD-AFF: Sexual Assault. Editor's notes appear in brackets in the text. ************************************************************** ----------- Cover Memo: ----------- TO: Campus Community FROM: Robert Mehrabian DATE: September 5, 1994 RE: Sexual Harassment Sexual harassment is a serious violation of personal rights and institutional values. It is a form of discrimination which has a chilling effect on the learning and work environment. To ensure the full participation of all members of the Carnegie Mellon community in the intellectual and social components of campus life, it is critical that we do everything possible to provide an environment free of sexual harassment. Included in this mailing is the Organization Announcement on the Policy Against Sexual Harassment with the updated names and numbers of current contacts serving on the Sexual Harassment Advisory Panel. This panel of advisors is trained to handle sexual harassment issues. The sexual harassment policy defines sexual harassment, describes the steps to be taken if sexual harassment is alleged, and identifies the responsibilities that supervisors have in taking corrective action, as well as the role of the Sexual Harassment Advisory Panel. Please review the policy carefully. Should you have any questions regarding the policy or its intent, contact Barbara Smith, assistant vice president for human resources, at extension 88709, Paul Christiano, provost, at extension 86684, or Michael Murphy, dean of student affairs, at extension 82075. Also included are a revised copy of the formal sexual harassment grievance procedure for campus community members, a pamphlet containing information you should know about sexual harassment [not included in this post], and the "Carnegie Mellon Resources," which describes sources available for consultation concerning possible sexual harassment incidents [not included in this post]. These resources can assist you to better understand sexual harassment and what can be done to confront harassing behavior. Human Resources will be scheduling training programs which support this policy against sexual harassment. Guidelines for supervisors handling sexual harassment situations were developed by the Sexual Harassment Task Force of the University Education Committee. Supervisors can obtain these guidelines by contacting Human Resources at extension 88709. Sexual harassment is unacceptable conduct and will not be tolerated at Carnegie Mellon. By tackling this issue openly and with commitment, I hope we can influence community standards so that such a policy will soon become anachronistic. SEXUAL HARASSMENT ADVISORY PANEL * Assistant Vice President for Human Resources, Barbara B. Smith, Whitfield Hall, x88709 * Dean of Student Affairs, Michael C. Murphy, Warner Hall 301, x82075 * Director of Equal Opportunity Programs and University Ombudsman, Everett Tademy, Whitfield Hall, x82012 * Associate Provost for Academic Projects, Barbara B. Lazarus, Warner Hall 421, x86995 * Associate Professor of Art, Mary Weidner, CFA 312, x87158 * Assistant to the Dean of Student Affairs, Katie Stannard, Warner Hall 301, x82075 * Human Resources Representative, Rochelle Koch, Whitfield Hall, x82046 * Counselor, Louella Dias, Counseling and Student Development Center, Morewood Gardens 103, x82922 * Staff Council Representative, Donna Marano, Porter Hall 119C, x82942 * Undergraduate student, Teresa Marx, x83186, 621-6265 * Graduate student, Donna Riley, x85618, 422-4305 [Many of these people listed above are on the panel that came up with the new policy] An additional resource available to the campus community is the University Sexual Assault Advisors. These community members have received training in the areas of sexual assault and sexual harassment. Contact Student Affairs at x82075 or the Counseling and Student Development Center at x82922 (24 hours a day) for a list of advisors' names and phone numbers. Or, if you prefer, either of these offices will arrange for an advisor to contact you. ************************************************************** ----------------- Published Policy: ----------------- POLICY AGAINST SEXUAL HARASSMENT February 1, 1991 Updated September 5, 1994 Carnegie Mellon University seeks to maintain a learning and work environment free from sexual harassment. Carnegie Mellon is dedicated to the free exchange of ideas and the intellectual development of all members of the community. For this exchange and development to take place, the environment must promote the confidence to work, to study, to innovate and to perform without fear of harassment. Sexual harassment is specifically prohibited by Carnegie Mellon University. Any faculty member, staff employee or student found to have violated the university's policy against sexual harassment will be subject to immediate and appropriate disciplinary action including but not limited to possible suspension, termination or expulsion. Carnegie Mellon University adopts the basic definition of the Equal Employment Opportunity Commission (EEOC) regarding sexual harassment as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is an explicit or implicit condition of employment, or evaluation or advancement of a student; 2) submission to or rejection of such conduct is used as the basis for employment, evaluation or advancement decisions; 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. Under federal, state and city laws, employers have an affirmative duty to investigate claims of sexual harassment and develop appropriate sanctions for such behavior. These laws require that employers affirmatively address the issue of sexual harassment in the workplace and devise and adopt appropriate procedures for maintaining a working atmosphere free of sexual pressure or intimidation. In support of its commitment to maintain an environment free of sexual harassment, the university attempts to make reporting of such incidents and advising about sexual harassment as widely available as possible. To that end, the university has assigned special responsibility to the people on the Sexual Harassment Advisory Panel. [note that the sexual harassment advisory panel currently exists and is not a new feature of the new policy!] These trained advisors are available to talk with members of the community who have concerns or questions about sexual harassment. Also, they can provide information about established guidelines and procedures for dealing with matters of sexual harassment and will help any individual pursue an effective course of action. In their consultation, they will maintain the greatest possible degree of confidentiality consistent with their responsibilities as university representatives. Any student, faculty or staff member who feels she/he is sexually harassed or knows of or suspects the occurrence of sexual harassment is strongly urged and encouraged to contact immediately, in person, one of these advisors. Because of the sensitivity of sexual harassment issues, an advisor will promptly and thoroughly review the case to determine whether sexual harassment appears to have occurred and will take the appropriate action. All reviews will be designed to consider the privacy of and minimize suspicion toward all parties concerned. Should an informal review of an allegation of sexual harassment not result in a satisfactory outcome, the matter may be pursued through the formal grievance procedure. Please refer to the university's Formal Grievance Procedure for Sexual Harassment. No person will be reprimanded or retaliated against in any way for initiating an inquiry or complaint in good faith. The university also considers the rights of any person against whom a complaint is alleged. Faculty and staff members also are expected to do all that they can to prevent and discourage any sexual harassment from occurring. Supervisors observing any form of sexual harassment identified above, regardless of whether or not a complaint is made, should address the matter immediately and take corrective action. Supervisors are responsible for maintaining an environment that is free of sexual harassment and for referring to an advisor all charges of sexual harassment brought to their attention. [note the requirements on supervisors is the same as in the new policy] ************************************************************** FORMAL GRIEVANCE PROCEDURE FOR SEXUAL HARASSMENT February 1, 1991 Updated September 5, 1994 Individuals who believe they have been subjected to sexual harassment may choose, either initially or after having sought a resolution through one of the sexual harassment advisors, to bring a grievance through formal procedures, with the possible outcome of disciplinary action against the accused. Individuals who wish to bring a formal grievance should contact one of the sexual harassment advisors. Merely discussing a complaint with one of these advisors, however, does not commit one to making a formal charge. [note that the procedures for initiating a complaint through the sexual harassment advisory panel *IS* currently the way to initiate a complaint] At each step, a procedure has been developed to consider the privacy of the individuals involved in the grievance. Both in fact-finding and in the final disposition of a grievance, efforts will be made to carry out procedures confidentially. Throughout the grievance process, reasonable efforts will also be made to protect the complainant from reprisals and to protect the accused (hereafter referred to as "respondent") from irresponsible complaints. The penalties for sexual harassment depend on the nature of the offense. Sanctions may range from reprimand to suspension, dismissal or expulsion. FORMAL PROCEDURES 1. Any member of the community may bring a formal grievance to a designated sexual harassment advisor. An individual who wishes to initiate formal procedures will be asked to file a written, signed complaint, which will be shown to the respondent. 2. The designated panel member will confer with the complainant, respondent and others, if appropriate, in order to ascertain the facts and views of both parties and to process the grievance formally. If desired or requested by the complainant, an advisory panel member may accompany the complainant at any time during the grievance process. [note the changes in these procedures at the request of Faculty Senate] 3. If sufficent evidence exists, the matter will ordinarily be referred as follows: when a student is respondent, to the dean of student affairs or the University Committee on Discipline (see Student Handbook for an overview of these procedures); when a staff member is respondent, to the assistant vice president for human resources; when a faculty member is respondent, to the provost. Either the assistant vice president for human resources or the provost will be asked to convene an ad hoc sexual harassment hearing board. Either the complainant or respondent may be accompanied to a hearing by a sexual harassment advisor if she/he chooses. 4. The respective hearing board for faculty and staff will conduct an inquiry and prepare a report in confidence summarizing the relevant evidence. A draft of the report will be circulated to the complainant and the respondent in order to permit them the opportunity to respond before a final report is issued. 5. The final report issued by the hearing board for a faculty or staff respondent will present in summary the findings and recommendations for action. It will be sent to the complainant, the respondent and the appropriate parties for initiating action (as described below). Within one week (seven days) the complainant and the respondent may also at this time submit statements to the hearing board concerning the report and recommended action. (Students should refer to the Student Handbook for an overview of the relevant procedures.) 6. Recommendations for final action will be made from either the University Committee on Discipline (for students to the dean of student affairs), or the ad hoc hearing board (for faculty to the provost or for staff to the assistant vice president for human resources). Their decision and final action completes the procedure. Possible actions include but are not limited to oral reprimand, written reprimand, suspension without pay, salary freeze, suspension, expulsion or dismissal from the university. 7. Any action may be appealed by the complainant or the respondent to the university president, whose decision is binding. 8. The facts about individual cases and their dispositions are confidential. The individuals designated above in item six will inform the complainant and respondent, in confidence, of the final disposition of the case. A permanent written record of the formal complaint process and its outcome will be retained only by the university's provost, the assistant vice president for human resources or the dean of student affairs. [note the confidentiality requirement] The proceedings described above are not those of a court of law and the participation of legal counsel is not permitted during these proceedings. [note no right to legal counsel or due process] ************************************************************** [As for concerns about Free Speech, what is different about the current guidelines and the new ones. I still see no significant differences in this area.] Scott Safier Robotics Institute internet: corwin+@cmu.edu Carnegie Mellon Univ. http://www.cs.cmu.edu/afs/cs/user/scotts/www/homepage.html