6.10 Procedure To Implement The University's Sexual Harassment Policy In Case Of Complaints Against Faculty

6.10 Procedure To Implement The University’s Sexual Harassment Policy In Case Of Complaints Against Faculty

Scope

The procedure is intended to clarify the investigation and enforcement provisions set out in the University’s Policy on Sexual Harassment when the alleged violator of the policy is a tenured faculty (including the Dean and Associate Dean) or tenure track faculty member. These procedures apply if the complainant is a student, staff member, administrative personnel or faculty member.

Nothing in this policy should be construed to limit or take away faculty rights as set out in the University Handbook. Rather these provisions should be construed to work in congruence with the Handbook.

 6.10.01 Publicity

The Dean or Dean’s delegate shall request that the Sexual Harassment Policy be published annually in Res Ipsa Loquitur.

Posters shall be created and displayed around the School highlighting the School’s commitment to the policy. Additionally, a brochure shall be created and distributed explaining the Policy including distribution in the orientation materials given to first year students.

 6.10.02 Appointment Of Designated Contact Person And Their Role

A.        In addition to the Dean or Dean’s delegate, three faculty members (selected with diversity concerns in mind) shall be designated as contact persons.
B.         The Contact Person shall provide information on the policy to any student, staff member of faculty member who believes that he or she has experienced a violation of the Policy. In particular, the Contact Person should inform the complainant of the following options:
The Contact Person shall also make clear the distinctions between the two processes. The Contact Person should make clear that the complainant=s decision to proceed with an informal complaint does not preclude his or her right to file a formal complaint.
             1.     FILING A FORMAL COMPLAINT: the Contact Person shall distribute copies of the Policy, explain how and where a formal complaint can be filed, and the process (as set out in the University Handbook, Section 4.149--hereinafter Handbook) which a formal complaint would follow. While the Contact Person shall not advise the complainant on the validity of the complaint, the Contact Person shall render assistance sufficient to enable the complainant to file a complaint. The Contact Person shall also advise the complainant of his or her right to an adviser or counselor as set out in the formal policy (Handbook, Section 4.1491 E6), however, the Contact Person may not serve in that role; and
             2.     MAKING AN INFORMAL COMPLAINT TO THE DEAN: the Contact Person shall explain that the complainant could report the matter to the Dean or Dean’s delegate who could then take whatever steps the Dean felt were appropriate within his or her administrative authority.

 6.10.03 Reporting Responsibilities, Anonymity And Confidentiality [Contact Person]

A. If the complainant elects to file a formal complaint, the provisions of the formal complaint process (Handbook, Section 4.149 et seq.) shall control the degree of confidentiality accorded to such a complaint.

B. In all cases the Contact Person must report all alleged violations of the Policy to the Dean or Dean’s delegate. The Contact Person shall explain this reporting responsibility to the complainant.

C. If the complainant so desire, the Contact Person can guarantee that the Contact Person will keep the complainant’s identity anonymous for the purposes of the initial report and any initial investigation by the Dean or Dean’s delegate. The Contact Person should inform the complainant that retaliation is prohibited and that if he or she fears reprisal, the Law School will take strong steps to prevent retaliation and will take strong responsive measures if retaliation occurs. The Contact Person shall explain that an anonymous allegation would carry less weight and be less likely to result in any administrative action. Further, the Contact Person shall inform the complainant that after the initial investigation, if there is probable cause to believe that the accused faculty member violated the Sexual Harassment Policy, the complainant’s identity will be revealed and the accused faculty member will be given an additional opportunity to respond to the allegations.

D. The Contact Person shall also make clear to the complainant that the Contact Person cannot serve as the complainant’s counselor or adviser. Additionally, the Contact Person shall inform the complainant that if the Contact Person is called to testify in an internal process, he or she will have to reveal the content of their conversations and perhaps the identity of the complainant even if anonymity had been requested .

¹The Contact Person would not have an evidentiary privilege in Court and should not make any statements that would lead the complainant to conclude otherwise.

 6.10.04 The Process To Be Followed When A Report Is Made To The Dean Against A Faculty Member

A. When the Contact Person, or any member of the faculty, administration or staff² receives a complaint of a violation of the sexual harassment policy he or she must report the complaint to the Dean or Dean’s delegate³ . [The reporting obligations of Contact Persons and members of the faculty are discussed in more detail in Section 3 and 5 of this procedure.]

B. On receiving a complaint from any source, the Dean or Dean’s delegate must promptly investigate and vigorously pursue the complaint unless the Dean or Dean’s delegate determines that the compliant does not fall within the definition of sexual harassment as set out in the Policy. If the Dean or Dean’s delegate makes such a determination the complainant must be notified.

C. As part of this investigation, the Dean or Dean’s delegate must ask the accused faculty member for comments on the complaint and shall provide the faculty member with basic information concerning the complaint. Basic information consists of the fact that a complaint has been made and a general description of the alleged behavior (e.g. persistently ridiculing male students in class; making sexually suggestive remarks to students at a student function); but will NOT include the complainant’s name or identifying information unless the complainant has agreed to such disclosure.

D. At the conclusion of the Dean’s or Dean’s delegate’s investigation, the Dean or Dean’s delegate has three options:

1. To dismiss the charges as unfounded. If the Dean or Dean’s delegate chooses this option, he or she will notify all parties of this decision. Once the statute of limitations for the filing of a sexual harassment law suit has expired, the Dean or Dean’s delegate will destroy the record of the complaint and any investigation undertaken.

2. To seek the imposition of severe sanctions against the accused faculty member. If the Dean or Dean’s delegate wishes to impose severe sanctions (i.e. dismissal for cause, suspension from service, reduction in rank, or reduction in salary for a stated period) the Dean or Dean’s delegate must file a complaint under section 12.0 et seq. of the University Handbook and follow the process set out therein.

3. To impose non-severe sanctions on the faculty member (e.g. to place a reprimand in the faculty members file, to issue a warning, to change the faculty members class assignment, to require a colleague to observe the class for a stated period). If the faculty member is aggrieved or disagrees with the Dean’s or Dean’s delegate ‘s imposition of a non-severe sanction the faculty member may file a grievance against the Dean as provided for in the University Handbook Section 6.123 (allowing for grievances against an administrator for a violation of university policy...that is damaging to the grievant or for a malicious, arbitrary or capricious action by the [administrator] that is employment related and damaging to the grievant.)

E. The Dean or Dean’s delegate may pursue options B and C simultaneously (e.g. file a complaint seeking dismissal and in the interim change the teaching assignment of the faculty member).

F. After the Dean or Dean’s delegate has completed the investigation, but before the Dean or Dean’s delegate takes either step B and or C, the Dean must first inform the faculty member of the details of the alleged policy violation including the name of the complainant (this disclosure will occur even if the complainant requested initial anonymity). The Dean or Dean’s delegate must also give the faculty member an additional opportunity (either in writing or orally) to respond to the complaint.

G. The complainant may at any time file a formal complaint under University Handbook, Section 4.149. If such a filing occurs the Dean or Dean’s delegate may elect to continue the investigation, or delay it pending the outcome of the University’s formal complaint process. 
  

²The report recommends that not only the Contact Person and faculty, but also administrators and staff be required to report complaint to the Dean or Dean’s delegate.

³If the Complaint is against the Dean, the complaint should be made to the provost or vice president. The process for grievances against the Dean is presumably that set out in 6.123 of the Handbook.
The Faculty Member would not have an evidentiary privilege in Court and should not make

6.10.05 Reporting Responsibilities, Anonymity And Confidentiality [Faculty Members]

A. Any faculty member who receives a complaint that the Policy has been violated must report the complaint to the Dean or Dean’s delegate. The faculty member shall explain this reporting responsibility to the complainant.

B. If the complainant so desires, the faculty member shall guarantee that he or she will keep the complainant's identity anonymous for the purpose of an initial report and any initial investigation by the Dean or Dean’s delegate. The faculty member should inform the complainant that retaliation is prohibited and that if he or she fears reprisal, the Law School will take strong steps to prevent retaliation and will take strong responsive measures if retaliation occurs. The faculty member shall explain that an anonymous allegation would carry less weight and be less likely to result in any administrative action. Further, the faculty member should inform the complainant that after the initial investigation, if there is probable cause to believe that the accused faculty member violated the Sexual Harassment Policy, the complainant's identity will be revealed and the accused faculty member will be given an additional opportunity to respond to the allegations.

C. The faculty member shall also make clear to a complainant that he or she cannot serve as the complainant's counselor or advisor. Additionally, the faculty member shall inform the complainant that the faculty member is called to testify in an internal process, he or she will have to reveal the content of their conversations and perhaps the identity of the complainant even if anonymity had been requested .
 

⁴The Faculty Member would not have an evidentiary privilege in Court and should not make any statements, which would lead the complainant to conclude otherwise