UNIVERSITY OF OREGON SEXUAL HARASSMENT POLICY Statement from President Myles Brand: “Among a university’s most important tasks is to assure that its students can compete equally tor academic recogni _ lion and rewards. The arena for competition and evaluation of academic performance must be as even as possible with no consideration of gender, race, nationality, age, disability, sexual orientation, marital or parental status and so forth. We must continuously affirm this position, and strive to inform all members of the university community of the policies and procedures now in place to help ensure that our campus environment is founded on the principle for non-discrimination. OAK 571 '0.1-025 SEXUAI HARASSMENT AND OTHER FORMS (» DISCRIMINATION 571413-025 Using arbitrary or capricious ground* lo make available or lo den) educational or pro fcsxional opportunity lo other member* of the University community tv unprofessional conduct and may constitute prohibited discrimination under the University's and Ihr Ortfon Stale Hoard of Higher Education'* rules Prohibited discrimination including sexual harassment of studentv faculty or stalT by other members of the I nivrrsils community h prohibited both by lass and this rule. I nwckrome sexual at (is its by per sons abusing positions of economic, supers hairy. or aeadenur |>osxrr is inherently oppressive. Sex ual harassjm-nl. regardless of the relalise power of the harasscr. is disruptive of the workplace and campus life, and it acts lo deny its object espial opportunity as a student or an employee. Sexual harassment shall not be lots rates! at Ihr l nixerxitx of (irrgon: 111 Definitions: iai Memliersof the1 nisersits community are defined as students, faculty, and staff; (b) Sexu al harassment is defined as any sexual advance, aux request for sexual favors, or other verbal or physical conduct of a sexual nature when: i \ I Submission lo such adv antes, t ec)la sts, or conduct is made cither explicitly or implicitly a term or condition of an indix idual's employ menl or ac ademic experiences; or (III Submission to or rejection of such advances, requests, or conduct by an individual is used as a basis or condition for employment and/or academic decisions affecting such indi vidual; (Cl.Such conduct interferes with work or aca demic performance because it has created an intimidating, hostile or offensive working or aca demic environment for tin- individual wlvo is the object of such conduct, and the actor knew or should have known that live conduct would have such an effect on a reasonable woman (if the object is a woman) or a reasonable man (if the object is a maul... (2) University Employees' Responsibilities in Dealing with Allegations of Prohibited Discrimi nation or Sexual Harassment the University has the responsibility to present prohibited discnmi nation from occurring in its workplaces and its ai.t demur, research. public. and student service pro grams (a) l diversity employees with credible csukucc that am lorn) of ptohibited discrimination is occur ring have the responsibility to inform then supers i \or% or the Office of Affirmance Action ( rcdiblc evidence is evidence of the kind that prudent peo ple would rely on making imp riant personal ■ * huvi ness decisions. (b) Staff in the < Mfuc of Affirmative Action shall provide information about available complaint pn a.esses, services for complainants, and assistance vc ith rcvilv mg complaints to any l mvcrsity employ • ec who makes a report of alleged discriminatory bchas tor so that these employees may pass on this advice to those involved who may need this mfor mation. (c) In making such reports. University employ ees may retain die it anonymity. (d) Staff in the Office of Affirmative Adam will advise |> itcnttal complainants of the options avail able to them, inc lading applicable internal process cs, as well as the possibility of filing with an exter nal agency Potential complainants shall irccivc the addresses and phone numhets of cslcmal govern mental agencies sc nh authority to deal w ith then complaints, as well as information about any time limitations on access to outside agencies pnxrss ev 11) Discrimination Grievance Counselor As required by OAK 580-1VO90. the I diversity has appointed a discrimination grievance cviunsclor who is (he Assistant Director lor Affirmative Actum and Iccjual Opportunity Ihcremafler rcterred to in this rule as tlx- Assistant Director) The Assistant Dues tot shall assist students and others in formulating and follow ing up complaints of alleged diwnmina tion |4) Formal Complaint Processes: tai All members of tlic University community considering filing a formal complaint alleging pro hibited discrimination or sexual harassment arc encouraged to contact the Office of Affirmative Action for information and advice Potential com plainants may remain anonymous Affirmative Action vlaff w ill woik for resolution through infor mal processes il that is whar the complainant Jesirrs. or will assist in making a formal complaint and set ting it into the formal complaint process applica hie to tlx complainant. (e i Students w ho hclxse thes have txen subjected to prohibited discrimination or scvual harassment bs any employee or agent of ihc l mscrMts mas Ilk forma! complaints under the Oregon Siafc Board of Higher fducation s discrimination complaint process. OAR *'KO 15-OMOel seq l5l Informal Complaint and Resolution Processes: (a11 acuity, staff, or students who believe they have been subdued to prohibited discrimination or venial harassment arc encouraged to contact the Affirmative Action Office for information advice, and assistance in rcsols mg the problem. (b) Faculty, staff, or students who hclicsc they have licen subjec ted to prohibited discrimination or sexual harassment may contact the University Omhud Officer for information, advice, and assis tance in resolving the problem. (O faculty, staff, or students who believe they have been subjected to prohibited discrimination or sexual harassment may use any appropriate mfor mal grievance resolution ptivevs set out in this divi sion. mas secure the assistance of mediators, coun selors. or advocates as provided or at the complainant's expense, and or mas attempt any informal resolution appropriate to the particular or cum stances, id) Individuals seeking informal resolution of a problem of alleged prohibited discrimination or sex ual harassment or who merely w ish to discuss their experience with anofficer for the I niversity. may request anonymity, and need not reveal then idem ms 10 the alleged offender However, ss hen the err cumstam.es arc such that, assuming ihe allegations .ire true, the health or valets of indis iduals is at risk I niversity officers have the responsibility to take such steps as art reasonably necessary to prevent imury, in some cases, that mas mean that a com plamant s identity must he revealed (K) Repotting Requirements The Assistant Dines tor shall (a) On at least an annual basis, issue a statistical report to the President, the University of Oregon New s Bureau, and the (begun Daily Mmcratd of Ihe number ami kinds of discrimination how they were resolved No names of indis iduals involved or oth a identify ing intormauon may be released in this report Data relating to allegations of sexual haiass ment shall be repined separately from other forms of prohibited discrimination further break downs by category may be used if confidentiality can he preserved and it doing v> w ill nuke the figures more meaningful to the public. <<>i Protection of Complainants, Prohibition Against Retaliation: (.11 Employe* complainants mas request to be transferred for the duration of the complaint pto seeding Student o miplairunts may request to change .ir drop a course while the complaint is in pnvess Complainants may request, and the I Diversity my propose, (hat other actions he taken that .ire appro priate and reasonably likely to diminish conflict or reliesc the stress involved in compliant processes, tbl A complainant shall hasc the option of svith drawing the complaint at any time prior to the issuance of a final decision under the selected griev ance process, s>i may choose to file the complaint with an outside agency at any time, (c) Retaliation by any I'nivcrsity student or employee against any person participating in good faith in any discrimination, sexual harassment, or other complaint process, whether informal or for mal. is strictly forbidden. Retaliation is considered unprolcvsHin.il behavior and is therefore proscribed conduct under Oregon Stale If cud Rules arid is cause for sanctions more severe than a written reprimand. Retaliation is also a violation ol the Student Con duct Code and is cause for sanctions imposed under the provisions ol thatf ode (10) Sanctions After following the appropriate disciplinary procedures affording students and employees requited due process, the l diversity may impose sanctions as follows la) Faculty found to have engaged in prohibited discrimination or sexual harassment may tv subject to a written reprimand lo he inc luded in the personnel file or other sanctions for cause under the provisions ol OAR 5NO-2I J20ct seq and or tocvalualionsol less tluui fully s.uist.vilify sers ice arising out of such conduct, procedures to impose further sanctions tor cause shall he instituted under OAR 580-21 130 et seq Possible sanctions include suspension or ter mination of employ ment tb) Students found to have engaged in prohibit cd discrimination or sexual harassment my he sub yet to sanctions including suspension or expulsion under the Student Conduct Code. (c) M.mage men! Sers ice and ('lassdied stall mem bers found to hasc engaged in prohibited discnmi nation or sexual harassment may he subject to writ ten reprimand to he included in personnel I lies or lurthcr sanctions in accord with the progressive dis ciplmc concept in accordance with any applicable collective bargaining agreements Such sanctions include suspension, reduction ol pay. and termina tion of service FOR CONFIDENTIAL INFORMATION REGARDING SEXUAL HARASSMENT UNIVERSITY OF OREGON HUMAN RIGHTS INVESTIGATOR Matk Zumch Office ofAtttrrnjitixt Action A l Quji Opportunity 4/4 Ckapon H**1 o OMBUD OFFICER Jane! Wentworth Offtct ot Atlumitrvt Action A fQutl Opportunity 4/4 Otapon Hitt o DIRECTOR OF OFFICE OF AFFIRMATIVE ACTION & EQUAL OPPORTUNITY Ken Office ot Affirm*lire Action A ft)u*i llpporlunty 4/4 Oregon HtV o COORDINATOR OF STUDENT CONDUCT Elaine Green One el tMM OH fee. M4 Onto* H*H.....—.— □ SEXUAL HARASSMENT RESOURCES NETWORK Caroline Forell School otliV. 346-3123 346-4215 Lehrman 346 3123 .346-1141 346-3864 □ OFFICE OF STUDENT ADVOCACY Marlene Drescher ASOO Sun* 4 fUU. □ UO MEDIATION DIRECTOR Jacqueline Gibson ASUO itlBM 346-3722 346 4240 FORMAL 6 5 SEXUAL HARASSMENT GRIEVANCES FILED WITH THE OFFICE Of AEEIRMATIVE ACTION & EQUAL OPPORTUNITY January I 1993 Decambti 31 1993 _ RESULTS Tio findings ot seiuai harassment in two cases brought against (acuity No finding ot seiuai harassment m tout cases brought against other stall „_ RESULTS Ot* case resotved by written letter ot resolution one case anonymous report against acuity member ■ no action taken two incident reports against faculty members no action requested one claim against tacul ty member not timely tiled TOTAL DISCRIMINATION GRIEVANCES FILED WITH THE OFFICE Of AFFIRMATIVE ACIION & EQUAL OPPORTUNITY January! 1993 December 31 1993 FORMAL_RESULTS_ $ii Claims imroMng seiuai harassment live claims involving disability discnminalion s« claims mvotv mg gendei disciimmation or* claim involving marital status one claim involving retaliation, or* claim involving seiuai orientation discrimination. two claims ol racial discnminalion and one claim ot dtscnmi nation based on national origin INFORMAL RESULTS Two claims ol gendei discrimination based on national origin tour claims ot discrimination based on ' T national origin, tom claims ot discnminalion based on lace ttve claims ot seiuai harassment or* claim ol discrimination based on leltgion one claim ot disability discnminalion and one claim ot retaliation u»«n» do t>04 coitficona to toll1% column txKJuu wn» CJ»*t cuflttm JW# WOMEN S ADVOCACY DIRECTOR Michelle Parks ASUO Women s Center Suite 3 (Mu 346-4095 _STATE OF OREGON AGENCY REFERRAL u OREGON BUREAU OF LABOR AND INDUSTRIES (BOLI) I6i let! M> Street Room 220 lugtme Oregon 9/401 SOJ) 000-/0