Handbook - prior to January 2019

Sexual Harassment [edit]

Introduction

Faculty, staff and students of Eastern Mennonite University are expected to commit themselves to be examples of the highest standards of personal and professional conduct. As such they are accountable to God and to the church. They are called upon to show sensitive regard for the moral, social and religious values of others as well as their own. At stake is not only their own life and vocation, but also the professions they represent, the church they serve and the witness of the Christian gospel.

As an educational institution--particularly a Christian university and theological seminary-- EMU affirms by this policy statement that sexual harassment is detrimental to the integrity of the institution and cannot be tolerated in the academic community.

The administration wishes to ensure that all faculty, staff and students are made aware of this policy.  Because of its sensitive nature, it is extremely important that everyone know and understand the process to resolve complaints and concerns.

Prohibition of Sexual Harassment

I.       Purpose

It shall be the policy of EMU to ensure nondiscrimination against any member of the university community because of gender. This policy prohibits sexual harassment in any form against any member of the university community.

II.     Policy Statement

EMU shall not tolerate any verbal or physical conduct by any member of the academic community which constitutes sexual harassment of any other university community member as outlined in Part 1604.11 of Discrimination Because of Sexual Harassment, Title VII, Section 703, of the Civil Rights Act of 1964, as amended, or other applicable state or federal law. Upon receipt of a complaint of sexual harassment, the university will take action appropriate to the charge presented by the complainant. This action may take the form of an investigation, mediation, counseling, informal meeting or other disciplinary action. Any administrator or supervisor being advised of a charge of sexual harassment shall refer the matter according to the procedure specified in Section VII of this policy.

Compliance

An employee (faculty or staff member) or student or appropriate administrator, on behalf of the university, who alleges sexual harassment shall have recourse through established university grievance procedures, as outlined in Section VII, or may seek relief under any appropriate federal regulation. Prior to filing a formal grievance, an employee may initiate an informal complaint through the personnel office which will, if requested, cause a preliminary investigation to take place. A student may initiate an informal complaint through the Vice president for student life. All complaints must be filed within two years from the date the alleged harassment takes place.

All faculty, staff, students and administrators will be held accountable for compliance with this policy. Administrators or supervisors will be responsible for informing all employees and students within their departments of this policy. An individual who is found in violation of this policy will be subject to institutional discipline implemented by the university administration after conferring with and receiving the concurrence of the personnel office. Determinations relative to the merits of a complaint will be within the scope of the particular grievance procedure utilized by the complainant.

Outside contractors, vendors, and others who do business with the university or enter university premises are expected to comply with this policy, and ensure that their agents comply with this policy; the university will take appropriate action if they fail to do so. The university, for example, may suspend or terminate a contract if the contractor fails to correct a sexual harassment problem that we have brought to their attention. Further, if the university determines that a contractor has failed to take appropriate action or has shown tolerance for any activity which in the belief of the university constitutes sexual harassment, the contractor may be debarred from holding future contracts with the university.

The university legal advisor will serve as a representative for the interests of the institution rather than as an advocate for either the individual alleging sexual harassment or the individual being charged.

III.    What is Sexual Harassment?

Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and/or other verbal or physical conduct or written communications of an intimidating, hostile, or offensive nature, or action taken in retaliation for reporting such behavior, regardless of where such conduct might occur, when:

A.    Submission to such conduct is made a term or condition of an individual's employment or academic performance.

B.    Submission to or rejection of such conduct by an individual is used as the basis for decisions such as employment, promotion, transfer, selection for training, performance evaluation, or the basis of academic evaluation.

C.    Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working or educational environment or interfering substantially with an employee's work performance or student's academic performance.

It occurs when a person with power abuses power. It is a breach of the trusting relationship that normally exists between students and professors in the academic community. Sexual harassment creates confusion because the boundary between the professional role and personal relationship blurs. The harasser introduces the personal element into what should be a sex-neutral situation.

The difference between voluntary sexual relationships and sexual harassment are the elements of coercion, threat, and/or unwanted attention that exist in a nonreciprocal relationship. Sexual harassment usually is unwelcome and repeated behavior, but in some instances it can be an action that occurs only once. In most normal interpersonal relationships, an individual can exercise freedom of choice in deciding with whom he/she wishes to establish a close, intimate relationship.  These choices are based on mutual attraction, caring and a reciprocal interest in pursuing the relationship. These elements are absent in sexual harassment.

IV.    What are the Types of Sexual Harassment?

Sexual harassment can take many forms. Most sexual harassment falls into two categories, verbal and physical. Verbal harassment may include, but is not limited to, the following:

A.   Sexual innuendos, comments and sexual remarks about clothing, body or sexual activities.

B.    Suggestive or insulting sounds.

C.    Whistling in a suggestive manner.

D.   Humor and jokes about sex that denigrate women or men in general.

E.    Sexual propositions, invitations or other pressure for sex.

F.    Implied or overt threats.

G.   Making obscene gestures.

Physical harassment may include, but is not limited to, the following:

A.   Patting, pinching and any other inappropriate touching or feeling.

B.    Brushing against the body.

C.    Attempted or actual kissing or fondling.

D.   Coerced sexual intercourse.

E.    Assault.

Note:  Some of the above may, in fact, constitute criminal behavior.

Some types of sexual harassment are inappropriate behaviors that continue even after the individual makes it clear that it is unwanted. For example, some people may like to be patted or touched on the back as a gesture of support, but it may not be universally liked when done by a teacher. The gesture becomes sexual harassment when a student asks the teacher not to do it or in some way clearly indicates uneasiness or displeasure and the teacher continues to do it.

Some people also consider insults about women in general or displaying obscene photographs and literature as a form of sexual harassment while others do not. Obscene gestures are another type of sexual harassment.

The examples below will show you some of the ways sexual harassment might occur:

A.    Anne B. is a junior, on the Dean's List, whose professor repeatedly asked her to go out with him throughout the semester. She refused. Now she finds that her papers in his class are getting very low marks and she is in danger of getting a D for the semester. She is sure that it is retaliation for her refusal.

B.    Every time Margaret R. sees her supervisor in his office, he closes the door, sits close to her and seems to pat her knee a lot in the course of their discussion. Margaret is uncomfortable with this behavior and tries to move away so he can't touch her. He only moves closer to her and continues the behavior. Margaret doesn't know what to do about it.

C.    Katherine B. is a work-study student who needs her job to stay in school. One day while she is working alone with her boss he puts his arms around her and invites her to come home with him that night. She refuses and leaves immediately. In the days following, her boss continues to suggest she come home with him and finally she can't face going back to work again. Now she worries about not having a job and how she is going to make her tuition payment next semester.

D.    Maria M., a single mother, has returned to school to complete her degree after a ten-year absence. She asks her professor how she might improve her grade. He suggests they spend more time together, perhaps have dinner, so he could get to know her better and figure out how to give her extra help.

E.    John E. is a work-study assistant for a female faculty member. Each time he sees her, he notices her staring at him. She makes repeated comments about John's physique and appearance, like, "You look great in that suit," "You have a nice build," "Do you work out a lot?" These statements are unwelcome and make him quite uncomfortable. But he's not sure if it's appropriate to do anything about it, or even if he should feel uncomfortable.

F.     Tom and his master's thesis advisor, Dr. G., have just finished a long and difficult experiment in the lab. From earlier conversations, Dr. G. has concluded that Tom is homosexual. He now suggests that the two of them go to a gay bar, saying:  "I'm gay too, so let's go off together and have a good time."  Tom is unhappy; he wants to keep his relationship with Dr. G. purely academic but is reluctant to hurt Dr. G.'s feelings by refusing to go with him and is afraid that a refusal might jeopardize progress on his thesis.

G.    As Lisa W. passed a table of males in the cafeteria, she overheard comments about her body parts and clothing. After she had passed, laughter broke out.

H.    Doug S. is frequently followed by a particular female. Once she stepped from behind a tree and blocked his path. He told her he was not interested in talking to her. Shortly afterward he received her picture and phone number in the mail. Whether he is in the library, at a game, or sometimes off campus, she parades herself in front of him, sometimes winking at him and touching her thigh.

I.     Julie D. is an outgoing, friendly sophomore who enjoys people. Jim J. is in her humanities class and is a bit shy. He writes her a note and asks her to go out with him. She politely declines the invitation but continues to be nice to him. He begins showing up with a particular friend wherever Julie goes. When Julie tells Jim that his behavior makes her feel uncomfortable, he becomes defensive and denies that he is doing anything. Jim's appearances at Julie's work, residence hall, after classes, etc., continue.

V.     Are There Any Ways to Discourage Sexual Harassment?

It is not likely that sexual harassment can ever be totally eliminated, but it may be possible to cut down the odds of it happening. Although the following list describes some of the things you can do, keep in mind that should sexual harassment occur, it is not your fault.

A.    If possible, the professor's, advisor's, or supervisor's door should remain open. Small offices with the door closed can sometimes lead to a "cozy" rather than professional atmosphere. If you feel uncomfortable when the door is closed, you can always say, for example, "Excuse me, but I'd feel more comfortable with the door open," without going into any long explanations; or simply get up and open the door.

B.    Consider dressing neutrally in class, at the office, and when visiting professors or advisors.  Clothing does not cause sexual harassment, but it might encourage some individuals to relate to the wearer physically instead of intellectually.

C.    Avoid any kind of flirtatious behavior with professors. Remember, too, that it is always possible for some to misinterpret overly friendly behavior as an indication of sexual interest.  Professors are no exception. Generally you are better off to keep conversations on intellectual rather than personal subjects, especially when you are first getting to know your professor.

D.    Don't be intimidated by threats of retaliatory law suits. There have been rare instances where people who brought formal accusations of sexual harassment against someone were subsequently threatened with a libel suit by the harasser. In all instances the suits were dropped, partly because it is not libel if the accusation is true.

E.    It is also important, however, not to overreact to friendly overtures. Faculty are often keen to make students feel comfortable at the university by being casual and friendly with them. They do care about students on a personal as well as academic basis. Such relationships are important and offer support that can lead to academic growth. At the advanced level, the mentor-student relationship is exceedingly valuable and should indeed be encouraged and not jeopardized.  It is when the relationship centers on the sexual rather than the intellectual aspects that there is danger of sexual harassment or the perception thereof.

VI.    What You Can Do About Sexual Harassment

Ignoring sexual harassment does not make it go away. Indeed, it may make it worse because the harasser may misinterpret no response as approval of the behavior. However, there are things you can do, from informal strategies to formal ones. Here are some of your options:

A.    Know your rights. Sexual harassment is illegal.  EMU has a specific policy prohibiting sexual harassment.  Familiarize yourself with this policy. Copies of the policy and assistance are available from the student life and employee personnel offices.

B.    Speak up at the time. Be sure to say "NO" clearly, firmly and without smiling. This is not a time to be polite or vague. (For example, you could say, "I don't like what you are doing," or "Please stop--you are making me very uncomfortable.")  There is a chance that the harasser did not realize that his/her behavior was offensive to you. Additionally, if you decide to file charges at a later date, it is helpful to have objected to the behavior.

C.    Seek Advice. To determine whether your discomfort is really sexual harassment, students may contact someone at the university counseling center who can give you emotional support, help and information about informal institutional procedures.

D.    Keep records, such as a journal and any letters or notes received. Note the dates, places, times, witnesses and the nature of the harassment--what was said and done and how you responded.

E.    Take assertiveness training. These classes can teach you a wide range of behaviors in dealing with uncomfortable situations such as sexual harassment.

F.     Take a self-defense course. These courses not only teach you a variety of ways to defend yourself physically, they also tend to increase participants' self-confidence and self-esteem.

VII.  What Options are Available for Resolving Complaints of Sexual Harassment?

Charges of sexual harassment within the university are sensitive and complex. EMU has defined three avenues to resolve complaints and to stop inappropriate behavior. Efforts will be made to protect the rights of both (or all) parties.

Frequently, a sexual harassment complaint can be resolved in an informal and confidential manner.

1.     Informal Problem-Solving Assistance

Both the personnel office and the Vice president for student life have professional staff members available to assist faculty, staff or students in solving problems. If the individual is uncomfortable in dealing with behavior deemed inappropriate, he or she can seek advice from either department on how to stop inappropriate actions or behaviors. (See also Item VI C.) It will not be necessary to confront the individual at this time.

2.    Informal Complaint Process

To request an informal investigation into any charges of sexual harassment by faculty or staff, the complainant must submit the charge in writing to the personnel office. For complaints involving students, a joint investigation involving both male and female staff members will be conducted with the vice president for student life. All complaints must be filed within two years from the date the alleged harassment took place.

This preliminary confidential investigation is an opportunity for an informal resolution of the complaint. The goal of the informal complaint process is to stop the offensive behavior. The institution reserves the right to take further action if warranted. Similar to the position taken in federal guidelines, each investigation will consider the complaint in relationship to the total circumstances, such as the nature of the conduct and the context within which the alleged incidents occurred. If the parties involved, through an informal mediation process, can resolve the issue to each individual's satisfaction, the complaint will be considered concluded.  For a complaint made within the confines of an academic area, a report of the investigation may be made to the dean of the college or seminary. The dean may be responsible for coordinating the mediation process.

If the mediation process is unsuccessful, the complainant can move the charge to formal grievance procedures. No action taken in an informal process negates the right for a faculty, staff or student to file a formal charge or grievance at any time.

3.      Formal Grievance Procedures

The formal grievance procedures for complaints against faculty and staff shall be as set forth in "EMU Grievance Procedures: Level 2 Procedures" in the faculty and staff handbooks. The formal grievance procedure for complaints against students shall be as set forth in the student handbook.

4.      Possible Sanctions

An individual who is found in violation of this policy will be subject to institutional discipline implemented by the university administration after conferring with persons involved in the investigation and hearings.

VIII. Warnings

1.   Frivolous Complaints

The sanctions mentioned in this booklet are in addition to, and not in place of, any appropriate criminal action. Although the preponderance of sexual harassment complaints are valid, it does happen that occasionally a student will charge a faculty member, or an employee may charge the supervisor, with sexual harassment without good grounds or even out of spite. The student may want to "get at" the professor because of a bad grade, or, as discussed below, because a relationship went sour. A false charge is very serious; it is libelous and could result in a libel suit.  Be sure that any charges can be substantiated. You may want to discuss the situation as suggested in the "Informal Problem-Solving Assistance" section (VII.1) or students should consult with someone in the university counseling center to determine whether in fact your discomfort really is sexual harassment.

2.   Retaliation

Threats, other forms of intimidation, and retaliation against a complainant or any other party involved in implementing the university sexual harassment policy are violations of the policy and may be grounds for disciplinary action.

3.   Available Legal Remedies

Notwithstanding anything in this policy, a complainant or an accused may seek redress available under federal or state law.

IX.    Consenting Relationships

Amorous relationships that might be appropriate in other circumstances are always inappropriate when they occur between a faculty member or officer of the university and any student for whom he or she has a professional responsibility.

Such relationships may have the effect of undermining the atmosphere of trust on which the educational process depends. Those in positions of authority inherently carry the element of power in their relationships with students. It is imperative that those with authority neither abuse nor appear to abuse this power entrusted to them. The respect and trust accorded a professor by a student, as well as the power exercised by the professor in giving praise or blame, grades, recommendations for further study and future employment, etc., greatly diminish the student's actual freedom of choice should sexual favors be included among the professor's other legitimate demands.

Officers and other members of the teaching staff should be aware that any romantic involvement with their students could make them liable for formal action against them if a complaint is initiated by a student.  Even when both parties have consented to such a relationship, it is the officer or faculty member who may be held accountable for unprofessional behavior. Resident directors, resident assistants, tutors and undergraduate course assistants who are also professionally responsible for students would be wise to exercise special care in their relationships with students they instruct or evaluate. Therefore, a faculty member who enters into a sexual relationship with a student (or a supervisor with an employee) where a professional power differential exists, must realize that, if a charge of sexual harassment is subsequently lodged, experience has shown that it will be exceedingly difficult to prove immunity on grounds of mutual consent.

X.  Why Consenting Relationships are Discouraged in the EMU Community

Some of the problems inherent in dating your professor or supervisor are:

A.  When he/she has so much power over your grade(s) or promotion (and hence your future), it is difficult to have a relationship of equals.

B.   If your relationship is known to other people and your grades or evaluation are excellent, some students and faculty may question the validity of your grades and find it hard to take you seriously as a student or colleague.

C.   If your relationship is secret, people could still find out about it and again question the validity of your work.  Because you have a personal relationship which is likely to influence objectivity, you may be unsure of your own true performance, which can lead to self doubt.

D.  If the relationship ends badly with a lot of hard feelings on both sides, depending on his/her position.

-   Your grade or evaluation could be sabotaged or at least leave you wondering whether personal feelings influenced the grade.

-   He/she could talk about you to others and negatively influence how they perceive you.

-   It will be difficult to ensure that his/her personal feelings wouldn't affect behavior toward you in class or at evaluation time.

-   It would be extremely difficult to use him/her as a reference for graduate school or for employment.

E.   Even if the relationship ends amicably, it would be difficult to know for sure if your grade or evaluations were influenced by personal feelings, and it might still be awkward to be in any of his/her classes in the future.

Conclusion

Do not accept sexual harassment as "the way things are" or treat it as a joke. "Silence appears to give consent" when it comes to sexual harassment. The more seriously people treat it, the greater the chances that the harassers will stop their behavior. If there are no consequences to their actions, they will continue. By knowing your rights, you can help stop sexual harassment!

A Special Note to Faculty Members

The previous sections were written for all members of the university community, but there are some aspects of the sexual harassment issues that faculty members should be particularly aware of. The following is intended to emphasize and elaborate on these. It is important to recognize that faculty members do wield power by virtue of their authority in the classroom, as undergraduate major or graduate advisors, and in the many other faculty-student relationships. Faculty members therefore must be careful not to abuse that power, nor to appear to abuse that power. A particular situation or incident may be perceived very differently by the parties involved because of the "power' situation. A student may find it difficult and threatening to refuse a "request" from a faculty member, however casual the request. Faculty members should be sensitive to the fact that a student may not feel comfortable in telling a faculty member that he/she does not wish to pursue a more personal relationship, as opposed to an academic one, because of the faculty member's "power."

It does occasionally happen that a student tries to use sex to improve a grade or academic standing by taking advantage of a faculty member. As the person in authority, it is the responsibility of the faculty member to discourage and refuse such overtures.

Despite the cautions regarding consenting relationships (Section IX), however, the university does recognize that mutual attraction is a powerful force. In fact, educational institutions have numbers of people who have very satisfactory and long lasting relationships ("they married and lived happily ever after") that grew out of contacts started in the classroom. In most such cases, however, the relationship became personal after the class or advisor-advisee situation had ended. That is the way it should be.

ACTION by Board of Trustees on March 23, 1993:

That the EMU Trustees endorse the Sexual Harassment Policy and Procedures as the official EMU statement, recognizing that in the editing process there will be some revisions and possibly a condensed version for publication.