Scope
The procedure is intended to clarify the investigation and enforcement
provisions set out in the University’s Policy on Sexual Harassment
when the alleged violator of the policy is a tenured faculty (including
the Dean and Associate Dean) or tenure track faculty member. These procedures
apply if the complainant is a student, staff member, administrative
personnel or faculty member.
Nothing in this policy should be construed to limit or take away faculty
rights as set out in the University Handbook. Rather these provisions
should be construed to work in congruence with the Handbook.
6.11.01 Publicity
A. The Dean shall request that the Sexual Harassment Policy be published
annually in Res Ipsa Loquitur.
B. Posters shall be created and displayed around the School highlighting
the School=s commitment to the policy. Additionally, a brochure shall
be created and distributed explaining the Policy including distribution
in the orientation materials given to first year students.
6.11.02 Appointment of Designated Contact Person and their
Role
A. In addition to the Dean, three faculty members (selected with diversity
concerns in mind) shall be designated as contact persons.
B. The Contact Person shall provide information on the policy to any
student, staff member of faculty member who believes that he or she
has experienced a violation of the Policy. In particular, the Contact
Person should inform the complainant of the following options:
1. FILING A FORMAL COMPLAINT: the Contact Person shall distribute
copies of the Policy, explain how and where a formal complaint can
be filed, and the process (as set out in the University Handbook,
Section 4.149--hereinafter Handbook) which a formal complaint would
follow. While the Contact Person shall not advise the complainant
on the validity of the complaint, the Contact Person shall render
assistance sufficient to enable the complainant to file a complaint.
The Contact Person shall also advise the complainant of his or her
right to an adviser or counselor as set out in the formal policy (Handbook,
Section 4.1491 E6), however, the Contact Person may not serve in that
role; and
2. MAKING AN INFORMAL COMPLAINT TO THE DEAN: the Contact Person
shall explain that the complainant could report the matter to the
Dean who could then take whatever steps the Dean felt were appropriate
within his or her administrative authority.
The Contact Person shall also make clear the distinctions between the
two processes. The Contact Person should make clear that the complainant=s
decision to proceed with an informal complaint does not preclude his
or her right to file a formal complaint.
6.11.03 Reporting Responsibilities, Anonymity and Confidentiality
[Contact Person]
A. If the complainant elects to file a formal complaint, the provisions
of the formal complaint process (Handbook, Section 4.149 et seq.) shall
control the degree of confidentiality accorded to such a complaint.
B. In all cases the Contact Person must report all alleged violations
of the Policy to the Dean. The Contact Person shall explain this reporting
responsibility to the complainant.
C. If the complainant so desire, the Contact Person can guarantee that
the Contact Person will keep the complainant=s identity anonymous for
the purposes of the initial report and any initial investigation by
the Dean. The Contact Person should inform the complainant that retaliation
is prohibited and that if he or she fears reprisal, the Law School will
take strong steps to prevent retaliation and will take strong responsive
measures if retaliation occurs. The Contact Person shall explain that
an anonymous allegation would carry less weight and be less likely to
result in any administrative action. Further, the Contact Person shall
inform the complainant that after the initial investigation, if there
is probable cause to believe that the accused faculty member violated
the Sexual Harassment Policy, the complainant=s identity will be revealed
and the accused faculty member will be given an additional opportunity
to respond to the allegations.
D. The Contact Person shall also make clear to the complainant that
the Contact Person cannot serve as the complainant=s counselor or adviser.
Additionally, the Contact Person shall inform the complainant that if
the Contact Person is called to testify in an internal process, he or
she will have to reveal the content of their conversations and perhaps
the identity of the complainant even if anonymity had been requested.
1
6.11.04 The Process to be followed when a Report is made to
the Dean against a Faculty Member
A. When the Contact Person, or any member of the faculty, administration
or staff2 receives a complaint of a violation of the sexual harassment
policy he or she must report the complaint to the Dean.3 [The reporting
obligations of Contact Persons and members of the faculty are discussed
in more detail in Section 3 and 5 of this procedure.]
B. On receiving a complaint from any source, the Dean must Apromptly
investigate and vigorously pursue@ the complaint unless the Dean determines
that the compliant does not fall within the definition of sexual harassment
as set out in the Policy. If the Dean makes such a determination the
complainant must be notified.
C. As part of this investigation, the Dean must ask the accused faculty
member for comments on the complaint and shall provide the faculty member
with basic information concerning the complaint. Basic information consists
of the fact that a complaint has been made and a general description
of the alleged behavior (e.g. persistently ridiculing male students
in class; making sexually suggestive remarks to students at a student
function); but will NOT include the complainant=s name or identifying
information unless the complainant has agreed to such disclosure.
D. At the conclusion of the Deans investigation, the Dean has three
options:
1. To dismiss the charges as unfounded. If the Dean chooses this
option, he or she will notify all parties of this decision. Once the
statute of limitations for the filing of a sexual harassment law suit
has expired, the Dean will destroy the record of the complaint and
any investigation undertaken.
2. To seek the imposition of severe sanctions against the accused
faculty member. If the Dean wishes to impose severe sanctions (i.e.
dismissal for cause, suspension from service, reduction in rank, or
reduction in salary for a stated period) the Dean must file a complaint
under section 12.0 et seq. of the University Handbook and follow the
process set out therein.
3 To impose non-severe sanctions on the faculty member (e.g. to
place a reprimand in the faculty members file, to issue a warning,
to change the faculty members class assignment, to require a colleague
to observe the class for a stated period). If the faculty member is
aggrieved or disagrees with the Dean=s imposition of a non-severe
sanction the faculty member may file a grievance against the Dean
as provided for in the University Handbook Section 6.123 (allowing
for grievances against an administrator for a violation of university
policy...that is damaging to the grievant@ or for a malicious, arbitrary
or capricious action by the [administrator] that is employment related
and damaging to the grievant.@)
E. The Dean may pursue options B and C simultaneously (e.g. file a
complaint seeking dismissal and in the interim change the teaching assignment
of the faculty member).
F. After the Dean has completed the investigation, but before the Dean
takes either step B and or C, the Dean must first inform the faculty
member of the details of the alleged policy violation including the
name of the complainant (this disclosure will occur even if the complainant
requested initial anonymity). The Dean must also give the faculty member
an additional opportunity (either in writing or orally) to respond to
the complaint.
G. The complainant may at any time file a formal complaint under University
Handbook, Section 4.149. If such a filing occurs the Dean may elect
to continue the investigation, or delay it pending the outcome of the
University’s formal complaint process.
6.11.05 Reporting Responsibilities, Anonymity and Confidentiality
[Faculty Members]
A. Any faculty member who receives a complaint that the Policy has
been violated must report the complaint to the Dean. The faculty member
shall explain this reporting responsibility to the complainant.
B. If the complainant so desires, the faculty member shall guarantee
that he or she will keep the complainant's identity anonymous for the
purpose of an initial report and any initial investigation by the Dean.
The faculty member should inform the complainant that retaliation is
prohibited and that if he or she fears reprisal, the Law School will
take strong steps to prevent retaliation and will take strong responsive
measures if retaliation occurs. The faculty member shall explain that
an anonymous allegation would carry less weight and be less likely to
result in any administrative action. Further, the faculty member should
inform the complainant that after the initial investigation, if there
is probable cause to believe that the accused faculty member violated
the Sexual Harassment Policy, the complainant's identity will be revealed
and the accused faculty member will be given an additional opportunity
to respond to the allegations.
C. The faculty member shall also make clear to a complainant that he
or she cannot serve as the complainant's counselor or advisor. Additionally,
the faculty member shall inform the complainant that the faculty member
is called to testify in an internal process, he or she will have to
reveal the content of their conversations and perhaps the identity of
the complainant even if anonymity had been requested.4
Endnotes
1 The Contact Person would not have an evidentiary privilege in Court
and should not make any statements that would lead the complainant to
conclude otherwise.
2 The report recommends that not only the Contact Person and faculty,
but also administrators and staff be required to report complaint to
the Dean.
3 If the Complaint is against the Dean, the complaint should be made
to the provost or vice president. The process for grievances against
the Dean is presumably that set out in 6.123 of the Handbook.
4 The Faculty Member would not have an evidentiary privilege in Court
and should not make any statements, which would lead the complainant
to conclude otherwise.
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