UNIVERSITY POLICY
830-01
The policy of Rice University is to provide an environment that is free from sexual harassment. Such conduct seriously undermines the atmosphere of trust and respect essential to a healthy work and academic environment. This policy applies to all members of the university community, and they are encouraged to report, promptly, complaints about sexual harassment. Persons found to be in violation of this policy shall be subject to disciplinary action that may include, but is not limited to, written warning, demotion, transfer, suspension, or dismissal.
No faculty member, administrator, staff member, applicant for employment, student, or member of the public may be subject to restraint, interference, coercion, or reprisal for action taken in good faith to seek advice concerning a sexual harassment matter, for filing a sexual harassment complaint, or for serving as a witness or as a panel member in the investigation of a sexual harassment complaint.
The Law
Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 (as amended), by Title IX of the Education Amendments of 1972, and by the Texas Commission on Human Rights Act.
SEXUAL HARASSMENT
is a form of
Sex discrimination
It is illegal.
SEXUAL HARASSMENT DEFINED
Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:
Sexual harassment can occur between persons of the same or opposite sex. In addition, the victim does not necessarily have to be the person to whom the unwelcome sexual conduct is directed but could be a third party who is affected by behavior that substantially interferes with that third party's welfare or academic or work performance.
Two types of sexual harassment are recognized; quid pro quo and hostile environment harassment.
Quid pro quo harassment occurs when someone in a supervisory position conditions the granting of a work or academically related benefit upon the receipt of sexual favors or punishes the subordinate for rejecting the offer.
Hostile environment harassment occurs when persons create an atmosphere so pervasive with sexual harassment that it has the purpose or effect of unreasonably interfering with an individual's psychological well-being or ability to be productive.
EXAMPLES OF SEXUAL HARASSMENT
Unwelcome Physical Advances
Unwelcome Verbal Behavior
Unwelcome Nonverbal Behavior
PEER HARASSMENT
is one of
the most common forms
of
Sexual Harassment.
WHAT TO DO IF YOU'RE HARASSED
Don't Ignore the Problem.
Ignoring the problem will not make it go away. In fact, if you ignore the behavior it may be viewed as approval by the harasser. Avoidance tactics do not work either. If you are unsure that what you are experiencing is sexual harassment, talk to someone you trust or discuss the matter informally with the director of EEOP or any of the university officials listed in this brochure under the caption "Where To Go For Help."
Say No
Confront the harasser directly, indicating that the conduct is offensive to you and must stop. If you are uncomfortable with speaking up, there are university officials to assist and advise you.
Seek Help and Report the Incident Immediately.
Discuss the situation with someone with whom you feel comfortable. Seek the assistance of departmental officials or college masters, equal opportunity officials, or human resources or student affairs personnel in obtaining advice and guidance in handling the matter.
WHAT IF YOU ARE FALSELY ACCUSED?
Care is taken during the investigatory process to protect the rights of all parties. There is little likelihood that you will suffer any adverse action as a consequence of a malicious, false complaint brought against you, since the inquiry is confidential and no disciplinary action is taken unless the complaint has been formally investigated and is found to be justified.
A complainant whose allegations are found to be both false and brought with malicious intent will be subject to disciplinary action.
CONFIDENTIALITY
Complaints are handled as discreetly as possible. Privacy and confidentiality are maintained to the extent possible, with information being shared only with those administrators with a compelling need to know for the purpose of investigating or resolving the complaint.
UNIVERSITY PROCEDURES
All matters of sexual harassment are taken seriously. In order to encourage persons experiencing sexual harassment to come forward, the university provides two avenues for resolving complaints, one informal and the other formal.
Informal Complaint Resolution
Most complaints are resolved at the informal level. Often the complainant only wants the inappropriate behavior to cease, and that is the goal of informal resolution. No attempt is made to determine whether there was intent to harass, the matter is not formally investigated, and no disciplinary action is taken. To the extent possible, information disclosed during this process is held in confidence, unless and until the complaining individual agrees that additional people must be informed in order to find a solution.
Formal Complaint Resolution
The filing of a written complaint is required for a sexual harassment complaint to be formally investigated and disciplinary action taken if appropriate. Formal complaints of sexual harassment against a member of the faculty or staff are filed with the Office of Equal Employment Opportunity Programs; complaints against students are directed to the assistant dean of student judicial programs.
Once a formal complaint is filed, the alleged offender is informed of the identity of the complaintant and the charges and requested to respond. Either the complaintant or the accused may request that a formal complaint be investigated by a panel of inquiry. The assistant dean may also refer matters to a panel of inquiry.
The panels are selected by the president of the university from a pool of faculty, students, graduate students, and staff nominated by their constituencies. The panel hears the complainant, the respondent, and witnesses identified by each party and examines all evidence it deems necessary. The rights of both parties are observed, and privacy and confidentiality are protected to the extent possible. At the conclusion of the investigation, a report is presented to the appropriate administrative official(s) who will take the necessary action.
PREVENTING SEXUAL HARASSMENT
Each member of the Rice community has a role to play in preventing sexual harassment and a responsibility for ensuring that the work and academic environment is harassment free.
RICE UNIVERSITY
is committed to maintaining
an environment
free of
SEXUAL HARASSMENT.