Sexual Harassment Policy
It is the policy of Southwestern Oklahoma State University to provide an educational, employment and business environment free of unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct or communications prohibited by state and federal statutes.
Education Environment
Within the Education environment, sexual harassment is prohibited between students, between employees and students, and between non students and students.
Work Environment
Within the work department, sexual harassment is prohibited between supervisors and employees, between employees, and between non employees and employees.
Definition of Sexual Harassment
- General Definitions
Sexual harassment occurs when unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature: - is made either explicitly or implicitly a term or condition of an individual's educational status or employment;
- is used as a basis for educational or employment decisions affecting such individual's educational status or employment;
- has the purpose or effect
of unreasonably interfering with an individual's educational or work
performance or creating an intimidating, hostile, or offensive
educational or working environment.
-
Specific Examples
For the purpose of further clarification, sexual harassment includes but is not limited to:
- Making unsolicited written, verbal, physical and/or visual contact with sexual overtones. (Written examples include but are not limited to: derogatory comments, slurs, jokes, epithets. Physical examples include but are not limited to: assault, touching, impeding, or blocking movement. Visual examples include but are not limited to: leering, gestures, display of sexually suggestive objects or pictures, cartoons or posters.)
- Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
- Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response. For example, within the work environment either implying or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor performance report will be prepared, or suggesting probation will be failed. Within the educational environment, either implying or actually withholding grades earned or deserved; suggesting a scholarship recommendation or college application will be denied.
- Within the work environment, engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee. Within the educational environment, engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the educational opportunities, grades and/or learning environment of a student.
- Offering favors of educational or employment benefits such as grades, or promotions, favorable performance evaluations, favorable assignments, favorable duties or shifts, recommendations, reclassifications, etc. in exchange for sexual favors.
(Reference Section 703 of Title VII of the United States Civil Rights Act, as interpreted by the United States Equal Employment Opportunity Commission, 29 CFR 1604.11)
Complaint Procedures
- Informal Resolution
Employees, students or other individuals who feel aggrieved because of conduct that may constitute sexual harassment should immediately inform the person engaging in such conduct that such conduct is offensive and must stop.
- Formal Complaints
Sexual harassment is against the law and requires immediate attention and appropriate disciplinary action. Anyone who feels victimized by this behavior should contact proper supervisory personnel and/or the affirmative action officer in the Office of University and Personnel Services (AD205). The immediate supervisor or Chairperson in concert with the Dean, Department Head or educational authority should be given the opportunity to investigate the situation and take appropriate action. A supervisor receiving such a complaint should immediately advise the affirmative action officer and keep that office informed of actions.
If the behavior continues and/or the supervisor has failed to respond quickly, a written complaint should be sent to the Assistant to the President (AD205). If that administrative office cannot satisfactorily resolve the issue with the parties involved, the University Affirmative Action Offices will appoint a committee to convene in a formal setting to review the charges, hear evidence and testimony, and make a recommendation to the President for corrective action.
At every step of the procedure, confidentiality will be maintained to protect the individuals involve. Employees or students failing to restrict confidential information or who give false information will be subject to disciplinary action.