Information about sexual harassment

A guide for Faculty, Students and Staff to prevent, avoid and stop sexual harassment at Brown University

Revised: July, 2008

• What is Sexual Harassment?
• Responsibilities of People in Supervisory Relationships
• Guidelines
• If You Think You Are Being Sexually Harassed
• Where To Go For Help
• External Resources (Federal, State, City)

WHAT IS SEXUAL HARASSMENT?

Sexual harassment is discriminatory, unlawful and will not be tolerated at Brown. It may cause personal anguish as well as interfere with a student's academic endeavors or the career of faculty or staff. The purpose of this brochure is to define sexual harassment, describe its dimensions, and provide students, faculty, and staff with information, resources and options available to them to swiftly and effectively address any such behavior.

The difficulties sexual harassment can present are often complex. It is not always easy to define sexual harassment, given the variety of circumstances that exist within the Brown community, and the sometimes subtle nature of the situation. Prompt and proper reporting of allegations of sexual harassment is essential to the University's efforts to address and end the offending behavior.

The EEOC defines sexual harassment as:

• unwelcome sexual advances;
• requests for sexual favors;
• other 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 or academic success, or
    
    
  • submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals, or
    
    
  • the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or sexually offensive working environment.

Under Brown's sexual harassment policies, the intent of the person who is alleged to have behaved improperly is not relevant to determining whether a violation of Brown's policy has occurred. The relevant determination is whether a reasonable person could have interpreted the alleged behavior to be sexual.

Sexual harassment need not be intentional. Both men and women can be sexual harassers. Sexual harassment may occur between any two members of the Brown community. For example, between faculty and students, faculty and faculty, faculty and staff, staff and staff, students and staff, and student and student.

Brown regards any behavior, which is sexually harassing as a violation of the standards of conduct required of all persons associated with the University. Accordingly, any person found to have sexually harassed a student, faculty or staff member may be subject to the full range of internal disciplinary actions, including separation from the University.

The following examples may be considered sexual harassment:

• uninvited touching, hugging, patting of someone's body;
• requesting or suggesting sexual favors for rewards related to school or work;
• suggestive jokes of a sexual nature or slurs; sexual pictures or displays, continuing unwelcome flirtations or propositions; obscene gestures or sounds; written notes of a sexual nature.

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RESPONSIBILITIES OF PEOPLE IN SUPERVISORY RELATIONSHIPS

Those in supervisory positions should view themselves as occupying positions of trust with respect to those employees or students who are subject to their authority. Persons who evaluate the performance of faculty, students, and/or staff or influence a person's professional future should not misuse their power and should:

• Review Brown's policy on sexual harassment.
• Treat every person with respect and dignity.
• Do not continue behavior, which you know is not welcome or allow others to do so.
• Do not interpret someone's silence as consent; consider other non-verbal signals.

As a supervisor, someone may come to you with a complaint about another person or with information about alleged harassment. The University may be held legally responsible for sexual harassment involving those who report to you if you knew or should have known about the conduct and failed to take action. You should seek help in deciding how to respond.

• Promptly call the appropriate sources listed in this brochure for advice and instructions on how to proceed.
• Be vigilant. Take the initiative if you suspect or know someone is being sexually harassed. Do not ignore the issue.
• Do not blame the person alleging harassment. Do not jump to conclusions. All allegations should be treated seriously. Judgments regarding the propriety of an allegation should not be made prematurely.
• Read and follow HR Policy #20.072, if applicable
• Request educational programs on the subject for your department.

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GUIDELINES

Sexual harassment guidelines also address a hostile working environment. Repeated written, verbal and/or physical actions between peers or colleagues, which are not welcome, or not returned, may also constitute sexual harassment. Be aware that sexual remarks or physical conduct of a sexual nature may be offensive or can make some people uncomfortable even if you wouldn't feel the same way yourself.

• Do not repeat behavior if you have been told it is not wanted. If in doubt, stop the behavior.
• Ask if something you do or say is being perceived as offensive or unwelcome. If the answer is yes, stop it.
• Do not retaliate if someone accuses you of sexual harassment or participates in an investigation or inquiry. It is unlawful and will not be tolerated.

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IF YOU THINK YOU ARE BEING SEXUALLY HARASSED

Whether sexual harassment comes from a person in authority, or peer, it is not acceptable. In some instances, words or actions may seem inappropriate, but you may not be sure if they would be considered sexual harassment. All behavior which is inappropriate is not sexual harassment.

The Human Resources Department, the Student Life Senior Associate Dean, and the Dean of the Faculty, as well as other officers, have responsibility to assist in addressing other inappropriate behavior. There are also several persons, designated by the President, available to hear questions and complaints about behavior which may constitute sexual harassment. Information on how to contact these people is contained in this brochure.

It is in everyone's interest that sexual harassment be stopped at the earliest possible time. If you feel you have been or are being harassed, you may wish to take the following steps to address the situation:

• Tell the person that his or her behavior is making you uncomfortable. You may choose to write the person a letter instead.
• Talk with one of the University representatives. By discussing the situation, you will learn about the options available to you. These options may include:
• Informal Resolution
• Intervention by a third party
• Following the formal complaint process for faculty, students, or staff

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WHERE TO GO FOR HELP

STUDENTS desiring assistance or wishing to report sexually harassing behavior:

The procedures for dealing with allegations of harassment towards students by faculty or staff differ from the procedures for dealing with allegations of harassment towards students by other students. For alleged student-to-student harassment, call the Office of Student Life (x3-3800), or Administrator on Call (24hrs x3-4111). If the student is alleging harassment by faculty or staff, the student should contact a sexual harassment information liaison.

Sexual Harassment Information Liaisons

You may also direct complaints to:

Further information for students is available at the Office of Student Life website.

FACULTY desiring assistance or wishing to report sexually harassing behavior:

STAFF desiring assistance or wishing to report sexually harassing behavior:

STAFF members who feel they may have been sexually harassed should report the incident as soon as possible and no later than 30 days after the incident. In general, the investigation of the complaint should be completed within 30 days. If the EEO/AA Office or Human Resources Department is the initial recipient of the complaint, the staff member will complete a Sexual Harassment Reporting Form regardless of whether the investigation and resolution follows a formal or informal process. If the staff member wishes to pursue the alleged harassment formally, the staff member will be referred to the EEO/AA Office, which will coordinate the investigation. If the complaint is investigated and resolved at the supervisory or department level, a summary of facts of the situation, the investigatory measures and the resolution must be provided to the EEO/AA Office within 30 days of resolution.

IN ALL INSTANCES, the alleged harasser will be subject to the policy relevant to his or her status. For example, if a staff member is alleged to have harassed a student, he or she will be subject to the sexual harassment policy for staff; if a faculty member is alleged to have harassed a staff member, he or she will be subject to the sexual harassment policy governing faculty. Alleged harassment by a student of another student is handled through the Office of Student Life. The results of any investigation and actions taken by the University will be divulged only on a need to know basis.

The University also designates officers who are responsible for coordination and oversight of complaints of sexual harassment to ensure consistent practices and standards in handling these complaints. The following individuals have been identified as Title IX Compliance Coordinators:

Alleged Sexual Harassment by Faculty or Staff:
Brenda Allen, Associate Provost and Director of Institutional Diversity,
University Hall
Box 1862 Campus 863-2216

Alleged Sexual Harassment by Students:
J. Allen Ward, Senior Associate Dean
20 Benevolent Street
Box P, Campus 863-3800

More complete information on Brown University's policies on sexual harassment, including reporting forms, procedures and time frames can be found in "Brown University-Policies and Procedures Regarding Sexual Harassment, Sexual Misconduct and Sexual Assault." This publication is available in the EEO/AA Office, the Office of Student Life, Human Resources and University libraries and elsewhere on this website.

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EXTERNAL RESOURCES (Federal, City, State)

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