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Ethics

Anti-Harassment (III.C.1)

Volume III: Ethics
Chapter C: Equal Opportunity
Responsible Executive: Vice President for Ethics and Compliance
Responsible Office: Office of the Vice President for Ethics and Compliance
Date Issued: December 22, 2010
Date Last Revised: May 6, 2014

TABLE OF CONTENTS

Statement of Policy
Reason for This Policy
Individuals and Entities Affected by this Policy
Who Should Know this Policy
Exclusions
Website Address for this Policy
Contacts
Definitions
Responsibilities
Procedures
Related Documents, Forms and Tools
History and Updates
Appendix

STATEMENT OF POLICY

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.

Harassment in the workplace or the educational environment is unacceptable conduct and will not be tolerated. Purdue University is committed to maintaining an educational and work climate for faculty, staff and students that is positive and free from all forms of Harassment. This policy addresses Harassment in all forms, including Harassment toward individuals with legally protected status for reasons of race, gender, religion, color, age, national origin or ancestry, genetic information or disability and Harassment toward individuals for other reasons such as sexual orientation, gender identity, gender expression, marital status or parental status. 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.

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, for assisting or participating in the investigation of a complaint of Harassment, or for enforcing this policy is strictly prohibited.

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.

Any individual or group of individuals found to have violated this policy will be subject to disciplinary and/or remedial action, up to and including termination of employment or expulsion from the University. Faculty and staff who are determined to have violated this policy also may be held personally liable for any damages, settlement costs or expenses, including attorney fees incurred by the University.

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 or ancestry, genetic information or disability. Sanctions for conduct that consitutes Sexual Violence as defined by this policy are subject to enhancement when such conduct is accompanied by the administration of rape drugs, including but not limited to Rohypnol, Ketomine, GHB and Burundanga. These enhancements of sanctions are applicable to University faculty, staff, students and recognized student organizations, including fraternities, sororities and/or cooperatives.

The University strongly encourages students to report instances of Sexual Violence or Sexual Exploitation. Therefore, students who provide information regarding Sexual Violence or Sexual Exploitation will not be disciplined by the University for any violation of the Regulations Governing Student Conduct relating to drug or alcohol possession or consumption in which they might have engaged in connection with the reported incident of possible Sexual Violence or Sexual Exploitation.

This policy may 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.

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.

The University offers education and primary prevention, risk reduction and awareness programs for students, faculty and staff concerning Sexual Harassment, Sexual Violence, Sexual Exploitation, Relationship Violence and Stalking.

This 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.

REASON FOR THIS POLICY

This policy is designed to prevent and sanction incidents of Harassment within the Purdue University community. The University believes that Harassment, which is a form of discrimination, is repugnant and inimical to our most basic values.

As a land-grant university, Purdue University is committed to the principles of equal opportunity in education and employment. We take seriously our responsibility to provide leadership in ensuring that equal opportunity is the norm rather than an aspiration.

This policy helps to promote this commitment through compliance with both state and federal laws and regulations, including but not limited to:

  • Age Discrimination in Employment Act of 1967
  • Americans with Disabilities Act of 1990, as amended
  • Executive Order 11246, as amended
  • Equal Pay Act of 1963
  • Genetic Information Nondiscrimination Act of 2008
  • Immigration Reform and Control Act of 1986
  • Indiana Civil Rights Act of 1971
  • Pregnancy Discrimination Act
  • Sections 503 and 504 of the Rehabilitation Act of 1973
  • Title VI of the Civil Rights Act of 1964, as amended
  • Title VII of the Civil Rights Act of 1964, as amended
  • Title IX of the Education Amendments of 1972
  • Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended
  • Violence Against Women Reauthorization Act of 2013

INDIVIDUALS AND ENTITIES AFFECTED BY THIS POLICY

All Purdue University community members.

WHO SHOULD KNOW THIS POLICY

President
Chancellors
Vice Presidents
Vice Chancellors
Vice Provosts
Deans
Directors
Department Heads/Chairs
Faculty
Staff
Students
Recognized Student Organizations
Contractors
Visitors

EXCLUSIONS

There are no exclusions to this policy.

WEBSITE ADDRESS FOR THIS POLICY

www.purdue.edu/policies/ethics/iiic1.html

CONTACTS

Subject Contact Telephone E-mail/Web Address
Policy Clarification Vice President for Ethics and Compliance (Title IX Coordinator) 765-494-5830 vpec@purdue.edu
www.purdue.edu/ethics
Office address:
Ernest C. Young Hall, 10th floor
155 S. Grant St.
West Lafayette, IN 47907
Harrassment Complaints Calumet:
Office of Equity and Diversity
219-989-3169 webs.purduecal.edu/oed/
Fort Wayne:
Office of Institutional Equity
260-481-6106

www.ipfw.edu/equity

North Central:
Office of Institutional Equity
219-785-5545

www.pnc.edu/oie

West Lafayette:
Office of Institutional Equity
765-494-7253 equity@purdue.edu
www.purdue.edu/ethics/oie
Reports of Sexual Violence For all emergencies, dial 911.
Non-emergency reports may be made using the contacts below.

Calumet:
Title IX Coordinator – Linda B. Knox

219-989-3169

Lawshe Hall, Room 231
2200 169th St.
Hammond, IN 46323
Linda.knox@purduecal.edu

Fort Wayne:
Title IX Coordinator – Christine M. Marcuccilli

260-481-6106

Kettler Hall, Room 110P
2101 E. Coliseum Blvd.
Fort Wayne, IN 46805
marcuccc@ipfw.edu

North Central:
Title IX Coordinator – Laura Odom

219-785-5545

Schwarz Hall, Room 25
1401 S. U.S. Highway 421
Westville, IN 46391
odoml@pnc.edu

West Lafayette:
Title IX Coordinator – Alysa Christmas Rollock

765-494-5830

Ernest C. Young Hall, Room 1029
155 S. Grant St.
West Lafayette, IN 47907
titleix@purdue.edu

Calumet:

  • Police Department
  • Office of the Dean of Students
  • Housing
  • Student Health Services Center
  • 219-989-2220
  • 219-989-4141
  • 219-989-4150
  • 219-989-1235

Fort Wayne:

  • Police Department
  • Office of the Dean of Students
  • Student Housing
  • Health and Wellness Clinic
  • 260-481-6827
  • 260-481-6601
  • 260-481-4180
  • 260-481-5748

North Central:

  • Police Department
  • Office of the Dean of Students

 

  • 219-785-5220
  • 219-785-5368

West Lafayette:

  • Police Department
  • Office of the Dean of Students
  • University Residences
  • Student Health Center (PUSH)
  • 765-494-8221
  • 765-494-1747
  • 765-494-1000
  • 765-494-1700

DEFINITIONS

All defined terms are capitalized throughout the document. Additional defined terms may be found in the central Policy Glossary.

Consent/Consensual
Clear communication given by words or actions that shows an active, knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Consent is given freely and voluntarily. Consent may not be inferred from silence, passivity or when an individual is Incapacitated or otherwise prevented from giving Consent as a result of impairment due to a mental or physical condition or age. No Consent exists when there is a threat of force or physical or psychological violence.

Although Consent may be given initially, it may be withdrawn at any point without regard to activity preceding the withdrawal of Consent.

The voluntary nature of Consent will be subject to heightened scrutiny in circumstances in which a person engages in a sexual relationship with a person over whom he or she has any power or authority within the University.

Harassment
Conduct towards another person or identifiable group of persons that has the purpose or effect of:

  1. Creating an intimidating or hostile educational environment, work environment or environment for participation in a University activity;
  2. Unreasonably interfering with a person's educational environment, work environment or environment for participation in a University activity; or
  3. Unreasonably affecting a person's educational or work opportunities or participation in a University activity.

Use of the term Harassment includes all forms of harassment, including Stalking, Racial Harassment and Sexual Harassment.

Incapacitated/Incapacitation
A mental state in which an individual cannot make rational decisions because they lack the capacity to give knowing Consent (e.g., to understand the who, what, where, why and how of their sexual interaction). Such Incapacitation may be caused by alcohol or other drug use, sleep or unconsciousness. Intoxication is not equivalent to Incapacitation.

Racial Harassment
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:

  1. Creating an intimidating or hostile educational environment, work environment or environment for participation in a University activity;
  2. Unreasonably interfering with a person's educational environment, work environment or environment for participation in a University activity; or
  3. 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.

Relationship Violence
Any physical, sexual and/or psychological harm against an individual by a current or former intimate or romantic partner. Intimate or romantic partners may be dating, cohabitating, married, separated or divorced, and may be of the same or opposite sex.

Retaliation
Any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment, against any person or group for exercising rights under this policy.

Sexual Exploitation
An act that exploits someone sexually. Examples of Sexual Exploitation include, but are not limited to:

  • Exposing one’s own or another person’s intimate parts without Consent.
  • Recording video or audio, photographing, or transmitting intimate or sexual utterances, sounds or images without Consent of all parties involved.
  • Allowing others to view sexual acts (whether in person or via a video camera or other recording device) without the Consent of all parties involved.
  • Engaging in any form of voyeurism.

Sexual Harassment

  1. Any act of Sexual Violence.
  2. Any act of Sexual Exploitation.
  3. Any unwelcome sexual advance, request for sexual favors or other written, verbal or physical conduct of a sexual nature when:
    1. 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;
    2. 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
    3. 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.

Sexual Violence
Any non-Consensual sexual act, including but not limited to rape, sexual assault, sexual battery and sexual coercion. Sexual Violence also includes Relationship Violence. Examples of Sexual Violence include, but are not limited to:

  • Non-Consensual sexual contact: touching, with any body part or object, another person’s intimate parts (e.g., genitalia, groin, breast, buttocks), whether clothed or unclothed.
  • Non-Consensual sexual intercourse: oral, anal and/or vaginal penetration, to any degree and with any body part or object.
  • Compelling a person to touch his or her own or another person’s intimate parts without Consent.

Stalking
Any knowing or intentional course of conduct involving repeated or continued following, threatening or intimidating another by telephone, mail, electronic communication, social media, in person or any other action, device or method that 1) would cause a reasonable person to suffer substantial emotional distress or fear of bodily injury or death and 2) actually causes such person substantial emotional distress or fear of bodily injury or death.

RESPONSIBILITIES

Vice President for Ethics and Compliance

  • In consultation with University officers, Chancellors and legal counsel, oversee and coordinate enforcement of policies and procedures dealing with Harassment for all campuses and operations within the Purdue University system.
  • In consultation with University officers, Chancellors and legal counsel, oversee and coordinate the provision of education and primary prevention, risk reduction and awareness programs for students, faculty and staff concerning Sexual Harassment, Sexual Violence, Sexual Exploitation, Relationship Violence and Stalking.

Chancellors

  • Maintain an educational and employment environment free from Harassment.

Vice Presidents, Vice Chancellors, Vice Provosts and Deans

  • Maintain an educational and employment environment free from Harassment.
  • Communicate to all members of their unit those individuals and offices designated as a resource for people seeking assistance with Harassment.

Administrators, Supervisors, and Individuals and Offices Designated as a Resource for Assistance with Harassment

  • Take immediate steps in accordance with University policy and procedure to deal with any conduct involving Harassment or complaints of Harassment brought to their attention that involve University faculty, staff or students under their administrative jurisdiction.

Individuals Who Believe They Have Experienced or Witnessed Harassment

PROCEDURES

Individuals who believe they have experienced or witnessed Harassment are encouraged to bring forward a complaint under the Procedures for Resolving Complaints of Discrimination and Harassment, as issued and updated from time to time by the Vice President for Ethics and Compliance.

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.

RELATED DOCUMENTS, FORMS AND TOOLS

Board of Trustees resolution dated December 18, 2010

Equal Opportunity, Equal Access and Affirmative Action (III.C.2):
www.purdue.edu/policies/ethics/iiic2.html

Policy on Amorous Relationships (III.A.1):
www.purdue.edu/policies/ethics/iiia1.html

Procedures for Resolving Complaints of Discrimination and Harassment:
www.purdue.edu/ethics/resolvingcomplaints.html

Regulations Governing Student Conduct:

University Nondiscrimination Policy Statement: www.purdue.edu/purdue/ea_eou_statement.html

Websites for governing bodies with oversight for applicable laws and regulations:

HISTORY AND UPDATES

May 6, 2014: Contacts section updated.

March 1, 2014: The following additions were made: 1) education, prevention, risk reduction and awareness program language, 2) a definition of stalking and 3) a modification of certain disciplinary actions for students. Several website URLs were updated throughout.

April 1, 2012: Language pertaining to Sexual Violence added in the Statement of Policy and Definitions. Procedures updated to refer all complaints under this policy to the Procedures for Resolving Complaints of Discrimination and Harassment.

November 18, 2011: Policy number changed to III.C.1 (formerly X.2.1) and website address updated. Links to other policies updated as well.

July 1, 2011: Definition of Sexual Harassment amended.

May 1, 2011: A definition for Regulations Governing Student Conduct was added. This policy supersedes Anti-Harassment, Interim (X.2.1) dated December 22, 2010.

December 22, 2010: This policy supersedes the Antiharassment Policy (Executive Memorandum No. C-33) dated September 16, 1994. It has been formatted in the current policy template and updated to comply with the Board of Trustees’ resolution dated December 18, 2010, which expands the University’s nondiscrimination commitment to include the bases of genetic information, gender identity and gender expression.

APPENDIX

There are no appendices to this policy.