Ohio University Sexual Harassment and Harassment Policy
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Introduction
Ohio University recognizes the human dignity of each member of the Ohio University community and believes each member has a responsibility to promote respect and dignity for others. The University strives to foster an academic, work and living environment that is free from harassment. The University's goal is to provide an environment where students, faculty, and staff can thrive, and that is welcoming, and free of fear.
It is the policy of Ohio University to provide the University's educational programs and employment opportunities equitably available to students and employees without discrimination on the basis race, religion, color, sex, sexual orientation national origin, ancestry, age, gender, gender identity or expression, mental or physical disability and veteran status. Harassment is a form of discrimination and, therefore, harassment directed toward an individual or group, or experienced by an individual or group violates this policy.
Policy Application
This policy applies to all aspects of Ohio University's operations and programs including regional campuses. It applies to all University students and employees, including faculty, administrators, classified non-bargaining staff and bargaining unit staff, as well as student employees. It also applies to all vendors, contractors, subcontractors and others who do business with the University. It applies to all visitors or guests on campus to the extent that there is an allegation of harassment made by them against university students or employees. This policy does not apply to individuals who are accused of sexual harassment who are not students, employees, affiliates or agents of Ohio University.
Harassment - Definition
Harassment is defined as any conduct directed toward an individual or group based on one or more of the previously listed categories and severe enough so as to deny or limit a person's ability to participate in or fully benefit from the University's educational and employment environments, or activities and/or severe enough that it creates an intimidating, offensive or hostile environment.
Sexual Harassment - Definition
Because sexual harassment has been more thoroughly defined in the law than harassment based on a protected trait, the following definition of sexual harassment is included in this policy.
Quid Pro Quo is the Latin term for "this for that" and occurs when there is a demand for a sexual favor in exchange for employment and/or academic benefit.
A Hostile Environment exists when harassing behavior unreasonably interferes with a student's academic or employee's work performance and creates a hostile, intimidating, or offensive academic and/or work environment.
Sexual Harassment at Ohio University is defined as any unwelcome sexual advance or request for sexual favor made by an employee or agent of the University, (including all faculty staff, students, and student employees), to a student, or employee of the University, and is conduct of a sexual nature exhibited by such person(s) toward another when such conduct substantially interferes with the person's educational or work performance or creates an intimidating, hostile, or offensive educational or work environment.
Examples of Sexual Harassment in Any Setting
- Unwelcome or uninvited sexual comments or innuendo
- Oral, written, or electronic communications that are sexually explicit in nature
- Sexually explicit questions, jokes, or anecdotes about gender specific traits
- Sexually suggestive sounds, gestures, gifts, or visual materials such as magazines, pictures, posters, photos, cartoons, or drawings
- Direct or indirect threats concerning sexual favors or the refusal to consent to sexual favors
- Sexual leering, uninvited touching, stroking, or gestures
- Communication of unsought sexual propositions, requests for dates, sexual favors, or lewd remarks or sounds
- Coerced sexual intercourse
- Sexual assault or abuse
Some Examples of Sexual Harassment in the Classroom or Instructional Setting
- Pattern of conduct that is not legitimately related to the subject matter of the course and causes discomfort or embarrassment for the student to the degree that it interferes with learning. Such conduct may include unwelcome or uninvited comments of a sexual nature, including jokes or anecdotes, touching, patting, hugging, brushing up against a person's body, and repeated or unwanted sexually oriented stares.
- Remarks, jokes, comments, questions about sexual acts, experiences, or orientation in the classroom when such discussion is not reasonably and legitimately related to the subject matter of the course.
- Display of inappropriate sexually oriented material, such as magazines, photographs or other visual items when such material is visible to others and unreasonably interferes with a person's learning, and is not legitimately related to the subject matter of the course.
The classroom or other instructional setting (e.g. studio, laboratory) presents special issues because academic freedom protects the expression of ideas, even where the idea or its expression is perceived to be offensive. Accordingly, if the complaint of conduct occurs in an instructional context, its investigation will be subject to very strict scrutiny.
Please note that Ohio University forbids amorous relationships between faculty and students, when the faculty member has grading or other advisory authority over the student. 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.
Sexual Harassment in the Student Employment Setting
Student employment, at both the undergraduate and graduate levels, is intended to assist students in covering the cost of their education while engaging in work that will contribute to their training and development. These activities may include supervisory responsibilities. All student employees are subject to this policy.
Factors That Are Considered in Evaluating Sexual and Other Harassment
- Degree to which a person or group is affected.
- Type, frequency and duration of alleged conduct.
- Relationship between alleged harasser and subject of the alleged harassment.
- Location and context in which the alleged conduct occurs.
- Other or corroborating incidents.
Duty to Report
Federal and state law and regulations place certain requirements on the University regarding the reporting of sexual harassment. Any member of the University community who receives a complaint of sexual harassment from a student or other member of the University community is directed and required to report the behavior to the Office for Institutional Equity or the Office of Legal Affairs.
If any member of the University Community has a question about their responsibilities under this policy, they are advised to call the Office for Institutional Equity or the Office of Legal Affairs.
Cooperation with Investigation
The complainant has the burden of proof to show harassment. It is an expectation that he/she will actively provide information that will support his/her complaint in the time and manner deemed necessary and appropriate by the University to conduct the investigation. Failure to cooperate with the investigation process in a timely manner may negate the University's obligation to continue with the investigation.
Confidentiality and Privacy
The Office for Institutional Equity and the Office of Legal Affairs, when conducting a sexual harassment or, in some cases, other harassment investigations is designated by the Ohio University Board of Trustees with quasi-criminal investigative authority. During the investigation of an applicable complaint, the records generated will be argued to be exempt from disclosure as an exception to the public record's law. Once the investigation is complete, the records are open pursuant to Ohio Revised Code 149.43 (A)(1)(h).
Student names are protected at all times from public disclosure pursuant to the Family Education Rights to Privacy Act (FERPA), unless waived by the student. However, names may be released to others for the purpose of conducting an investigation.
Medical information, if any, will be protected pursuant to the Health Information Portability and Accountability Act whenever appropriate.
Anonymous Complaints
Anonymous complaints will be accepted, however, Ohio University may be limited in its options in investigating and/or resolving anonymous complaints because of the unique challenges they present. There is no way to assess the author's veracity and no ability to obtain additional information from the complainant if the complaint is unclear or confusing. However, if the anonymous complaint contains sufficiently detailed information which, if true, would constitute a crime, then the complaint will be forwarded to Ohio University Police for appropriate action, or a violation of this policy, the complaint will be investigated to the best of the Office's ability given the anonymous nature of the complaint. A record will be kept of all anonymous complaints.
For more detailed information on how a harassment complaint or report will be investigated and/ or resolved, contact the Office For Institutional Equity.
Filing a False Complaint
Knowingly filing a false harassment complaint is prohibited and shall be a violation of this policy and shall constitute misconduct subject to disciplinary action.
Retaliation
Retaliation against one, who in good faith, brings a complaint alleging a violation of this policy, or who in good faith participates in the investigation of a complaint pursuant to this policy, is prohibited. Substantiated retaliation shall constitute misconduct subject to disciplinary 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.
Employee Indemnification
At any time, should Ohio University be named a defendant in a law suit alleging sexual harassment, the entire record of any complaints and investigation shall be held and managed by the Office Of Legal Affairs. Ohio University may request that it be released from indemnifying or defending any faculty, staff, or student who is named as a defendant in a sexual harassment lawsuit.
Time Limits
A complaint of harassment, including sexual harassment, must be filed no later than 180 days, from the date of the last occurrence of the alleged harassing behavior.
Filing a Report
All complaints/ reports should be made to the Office For Institutional Equity and directed to the Office For Institutional Equity.
WALK IN:
Office for Institutional Equity
101 Crewson House (on South Court Street)
Athens, Ohio
MAIL TO:
Office for Institutional Equity
101 Crewson House
Ohio University
Athens, Ohio 45701
PHONE IN:
740-593-2620
FAX TO:
740-593-0790
E-FILE TO:
equity@ohio.edu
Additional Resources
Complainants are also advised that they have the right to file with an outside agency such as the Equal Employment Opportunity Commission (for applicants, or employees of the University and/or visitors), the Office of Civil Rights of the U.S. Department of Education (for students), or with the Ohio Civil Rights Commission.
Training
The Office of Legal Affairs, the Office for Institutional Equity, and University Human Resources shall be responsible for providing training and orientation for all employees or persons who are subject to this policy.
Distribution of Policy
Copies of this policy shall be furnished to all current and future employees and students at Ohio University. Any person involved in the process under this policy needing accommodations for a disability should notify the Office for Institutional Equity.
Questions about this policy can be directed to Nicolette Dioguardi, Associate Director, Office of Legal Affairs
