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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 towards 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 toward 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 historically have been, and
still are likely to be, at greatest risk of harassment
for reasons of prejudice.
Sexual Harrassment
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.
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