|
Antiharassment Policy
From Executive Memorandum C-33.
Executive Memorandum No. C-33 sets forth
Purdue University's antiharassment policy and is effective
immediately. This policy is in keeping with federal
and state laws governing harassment. Procedures for
the enforcement of this policy shall be issued by
the Vice President for Human Relations.
Executive Memorandum No. C-33 supersedes
Executive Memorandum No. B-65 and Executive
Memorandum No. C-27
Preamble
The major goal of this policy is to prevent harassment
within the Purdue University community. The University
believes that harassment is repugnant and inimical
to our most basic values.
Purdue University is committed to maintaining an
environment that recognizes the inherent worth and
dignity of every person, fosters tolerance, sensitivity,
understanding, and mutual respect, and encourages
its members to strive to reach their potential. The
most effective way to work toward preventing harassment
is through education that emphasizes respect for every
individual.
It is essential that Purdue University demonstrate
its intellectual and ethical leadership by reaffirming
its strong position against harassment in all forms.
All members of the University community must be able
to pursue their goals, educational needs, and working
lives without intimidation or injury generated by
intolerance and harassment. Freedom of thought and
expression are the lifeblood of our academic community,
and require an atmosphere of mutual respect among
diverse persons, groups, and ideas. The maintenance
of mutually respectful behavior is a precondition
for the vigorous exchange of ideas, and it is the
policy of the University to promote such behavior
in all forms of expression and conduct.
The University reaffirms its commitment to freedom
of speech as guaranteed by the First Amendment to
the United States Constitution. Accordingly, any form
of speech or conduct that is protected by the First
Amendment is not subject to this policy. The University
reaffirms its commitment to academic freedom, which
is essential to its educational mission and is critical
to diversity and intellectual life.
This policy addresses harassment in all forms, covering
those with legally protected status for reasons of
race, gender, religion, color, age, national origin,
ancestry, or disability, as well as those who are
harassed for other reasons, such as sexual orientation.
Policy
It is the policy of Purdue University to maintain
the campus as a place of work and study for faculty,
staff, and students, free from all forms of harassment.
In providing an educational and work climate that
is positive and harassment-free, faculty, staff, and
students should be aware that harassment in the workplace
or the educational environment is unacceptable conduct
and will not be tolerated.
Scope
This policy applies to all faculty, staff, and students
with respect to activities occurring on any University
property and University-related activities occurring
off-campus. This policy also applies to the activities
of recognized student organizations including fraternities,
sororities, and/or cooperatives.
The University will not tolerate harassment of its
faculty, staff, or students by persons conducting
business with or visiting the University, even though
such persons are not directly affiliated with the
University.
Definitions
Harassment is conduct toward another person or identifiable
group of persons that has the purpose or effect of:
- creating an intimidating or
hostile educational environment, work environment,
or environment for participation in a University
activity;
- unreasonably interfering with
a person's educational environment, work environment,
or environment for participation in a University
activity; or
- unreasonably affecting a person's
educational or work opportunities or participation
in a University activity.
Racial Harassment
Racial harassment is conduct that demonstrates hostility
towards another person (or identifiable group of persons)
on the basis of race, color, national origin, or ancestry,
and that has the purpose or effect of:
- creating an intimidating or
hostile educational environment, work environment,
or environment for participation in a University
activity;
- unreasonably interfering with
a person's educational environment, work environment,
or environment for participation in a University
activity; or
- unreasonably affecting a person's
educational or work opportunities or participation
in a University activity.
The University is strongly committed to providing
a safe and harassment free environment for members
of those groups that have historically been, and are
still likely to be, at greatest risk of harassment
for reasons of prejudice.
Sexual Harassment
Sexual harassment is any unwelcome sexual advance,
requesting of sexual favors, or other written, verbal,
or physical conduct of a sexual nature when:
- submission to such conduct is
made either explicitly or implicitly a term or condition
of an individual's employment, education, or participation
in a University activity;
- submission to, or rejection
of, such conduct by an individual is used as the
basis for, or a factor in, decisions affecting that
individual's employment, education, or participation
in a University activity; or
- such conduct has the purpose
or effect of unreasonably interfering with an individual's
employment or academic performance or creating an
intimidating, offensive, or hostile environment
for that individual's employment, education, or
participation in a University activity.
Amorous relationships that occur in the context
of educational or employment supervision and evaluation
present serious concerns about the validity of consent.
The disparity of power between persons involved in
amorous relationships of a teacher and student, supervisor
and subordinate, or senior and junior colleagues in
the same department or unit makes them susceptible
to exploitation. Those who abuse their power in such
a context violate their duty to the University community.
Relationships between faculty and students are particularly
susceptible to exploitation. The respect and trust
accorded a member of the faculty by a student, as
well as the power exercised by faculty in giving grades
or recommendations for future study and employment,
make voluntary consent by the student suspect.
Anyone who engages in a sexual relationship with
a person over whom he or she has any power or authority
within the University structure must understand that
the validity of the consent can and may be questioned.
In the event of a charge of sexual harassment, the
University will give very critical scrutiny to any
defense based upon consent when the facts establish
that a power differential existed within the relationship.
Determination of Harassment
To determine whether a particular act or course
of conduct constitutes harassment under this policy,
the alleged behavior will be evaluated by considering
the totality of the particular circumstances, including
the nature, frequency, intensity, location, context,
and duration of the questioned behavior. Although
repeated incidents generally create a stronger claim
of harassment, a serious incident, even if isolated,
can be sufficient.
The University reserves the right to investigate
circumstances that may involve harassment in situations
where no complaint, formal or informal, has been filed.
In appropriate circumstances, sanctions in accordance
with this policy will be implemented.
Retaliation Prohibited
This policy seeks to encourage faculty, staff, and
students to report and address incidents of harassment.
Retaliation against faculty members, staff members,
or students for reporting or complaining of harassment
or enforcing this policy is strictly prohibited. Overt
or covert acts of reprisal, interference, restraint,
penalty, discrimination, intimidation, or harassment
against an individual or group for exercising rights
under this policy will be subject to appropriate and
prompt disciplinary or remedial action.
Sanctions
An individual or group of individuals found to have
violated this policy will be subject to disciplinary
or remedial action, up to and including termination
of employment or expulsion from the University.
The sanctions for conduct that constitutes harassment
as defined by this policy are subject to enhancement
when such conduct is motivated by bias based on a
person's legally protected status as defined by federal
and state law: e.g., race, gender, religion, color,
age, national origin, ancestry, or disability. This
enhancement of sanction is applicable to University
faculty, staff, students, and recognized student organizations,
including fraternities, sororities, and/or cooperatives.
Financial Liability
Faculty and staff who are determined to have violated
this policy may be held personally liable for any
damages, settlement costs, or expenses, including
attorney fees incurred by the University.
False Charges
This policy shall not be used to bring knowingly
false or malicious charges against any faculty, staff,
students, or recognized student organizations, including
fraternities, sororities, and/or cooperatives. Disciplinary
action will be taken against any person or group found
to have brought a charge of harassment in bad faith,
or any person who, in bad faith, is found to have
encouraged another person or group to bring such a
charge.
Responsible Institutional
Officers
The Vice President for Human Relations, in consultation
with University officers, chancellors, and legal counsel,
shall have overall responsibility for oversight and
coordination of enforcement of policies and procedures
dealing with harassment for all campuses and operations
within the Purdue University system.
Chancellors, vice presidents, deans, and heads of
all schools, divisions, departments, and offices are
responsible for maintaining an educational and employment
environment free of harassment.
Administrators or supervisors who have knowledge
of conduct involving harassment or who receive a complaint
of harassment that involves University faculty, staff,
or undergraduate or graduate students under their
administrative jurisdiction, shall take immediate
steps to deal with the matter according to University
policy and procedures.
Persons who believe they have experienced or witnessed
harassment are encouraged to report it through established
procedures. Heads of schools and administrative units
shall make known to all of their members those individuals
and offices designated as resources for people seeking
assistance with harassment.
Other Discriminatory Conduct
This antiharassment policy augments, but does not
supersede, other University policies covering discrimination.
Although harassment as described and prohibited by
this policy includes a wide range of behavior, it
does not include certain discriminatory conduct, even
though that conduct may be otherwise unlawful, offensive,
or prohibited by other University policies.
|
