The purpose of the policy set
forth below is to promote an academic and work environment that is free from
all forms of unlawful discrimination and harassment and discrimination whether that discrimination or harassment is
because of race, color, gender, age, religion, national origin, disability,
veteran status or any other characteristic protected by law. It is designed to
ensure a safe and nondiscriminatory environment that protects both the
constitutional and civil rights of students, faculty and staff.
The discrimination and harassment and discrimination. The University will not tolerate any form of unlawful harassment and discrimination or
unlawful harassment. Under law, unlawful harassment is a form of
unlawful discrimination. Unlawful harassment
and discrimination is are a
violation of federal and state law, including Title VII of the Civil Rights Act
of 1964, Title IX of the Education Amendments of 1972, and the Delaware Fair
Employment Practices Act. Nothing in this policy is meant to infringe upon First
Amendment or academic freedom protections set forth in the Handbook for Faculty
and in the Collective Bargaining Agreement between the
Unlawful harassment goes beyond the mere expression of views
or thoughts (spoken or written) that an individual may find offensive. The
conduct must be sufficiently serious to unlawfully limit an employee's or
student's ability to participate in or benefit from the activities of the
University. Further, prohibited conduct must be evaluated from the perspective
of a reasonable person in the alleged victim's position, taking into account
all of the circumstances involved in a particular matter.
Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or (3) such conduct has the purpose or effect of unlawfully interfering with an individual's work or academic performance or unlawfully creating an intimidating, hostile, or offensive working or academic environment.
The following types of actions may constitute sexual harassment, whether the harasser is a co-worker, supervisor, student or faculty member:
Other Unlawful Harassment
Other unlawful harassment includes any verbal or physical conduct toward another that is based on the other's race, color, sex, religion, national origin, disability, veteran status or any other characteristic protected by law, and that (1) unlawfully creates an intimidating, hostile, or offensive learning and/or working environment or (2) unlawfully interferes with an individual's work or academic performance.
Threatening, intimidating or engaging in hostile acts that create an unlawful, hostile environment based on an individual's race, color, gender, religion, national origin, disability, veteran status or any other characteristic protected by law may constitute unlawful harassment, whether the harasser is a co-worker, supervisor, student or faculty member.
Corrective Action
Supervisory personnel are responsible for maintaining an
academic and work environment that is free of unlawful discrimination and
harassment and discrimination.
Immediate and appropriate corrective action will be taken when instances of
unlawful discrimination and harassment and discrimination occur. Supervisors should consult with the
Office of Labor Relations in such cases.
It is a violation of University policy to retaliate in any way against students or employees because they have raised allegations of sexual or other unlawful harassment. Because a charge of unlawful harassment may have serious consequences, complainant(s) must bring the charge in good faith and in accordance with University policy. Person(s) against whom the complaint is lodged also bear a responsibility to abstain from retaliatory behavior toward the complainant(s) outside the established channels of redress. A complainant whose allegations are found to be false or to have been brought with malicious intent will be subject to disciplinary action.
Lodging a Complaint: Employees/students who
believe that they are being subjected to unlawful harassment, including sexual
harassment, should discuss the matter with their supervisor/advisor, if
appropriate, or directly contact the Office of Women's Affairs (OWA), or the Office of Affirmative
Action (OAA) or the Office of Labor
Relations (OLR) for confidential support, information and possible informal
resolution. Faculty members who believe they are being
subjected to unlawful harassment, or are being accused of unlawful harassment,
should contact the AAUP Contract
Maintenance Officer. Complaints of unlawful harassment will be referred to
the Vice President for Administration for further investigation and corrective
action. Employees/students may contact the Vice President for Administration
directly if they feel they have been subjected to unlawful harassment.
Complaints will be investigated by the Vice President for Administration. (Rev. Office of Administration
Procedures: Upon receipt of an allegation of
sexual or other unlawful harassment against
a full-time faculty member, the Vice President for Administration will meet
with the individual against whom the complaint has been made, his/her
department chairperson or immediate supervisor, college dean or unit head and the AAUP Contract Maintenance Officer.
The director of OWA or OAA will be in attendance, as appropriate. (Rev.
Fac. Sen.
The AAUP will be notified if the complaint involves a faculty
member(s) in any way. If the accused is a faculty member, the AAUP will be
notified in time to allow consultation with the accused prior to the meeting.
The Vice President for Administration will advise the accused that it is in
his/her best interest to seek out the appropriate AAUP Contract Maintenance Officer for
consultation prior to any meetings. (Rev. Fac. Sen.
Where indicated, The Vice President for Administration will may interview other
individuals when needed, in the
presence of in
conjunction with the AAUP Maintenance Officer, to ascertain the validity of
the complaint. However, The investigation will
proceed in a timely manner and every
effort will be made to conclude the investigation within thirty working days of
its inception. Confidentiality will
govern the deliberations of the investigation to the fullest extent possible. All reports of unlawful harassment are
considered to be confidential. All
individuals involved in reviewing an allegation of sexual or other unlawful
harassment The University shall therefore will maintain
confidentiality to the fullest extent possible within the requirements of
conducting a complete investigation. (Rev.
Fac. Sen.
If the Vice President for Administration, after consultation deliberating with the parties named in
paragraph one above, finds that there has been a violation of this policy,
corrective action will be promptly taken.
charge of unlawful harassment warrants corrective action, such action
will be taken promptly. is
supported, prompt and appropriate corrective action will be taken. This
may include one or more of the following actions depending on the severity of
the offense:
The Vice President for Administration will, as soon as practicable, notify the complainant(s) when the investigation has been concluded and indicate the nature of any corrective action taken.
Formal Redress: A more formal means of redress from sexual or other unlawful harassment may also be sought through grievance procedures, as described below.
For faculty, a complaint may be brought before the Faculty Senate
Committee on Welfare and Privileges. A faculty complainant member may also appeal the results of
the informal previous procedures
to the same committee. Upon review of a written appeal, the Committee may elect
to pursue the matter and make additional recommendations to the University
Provost. A grievance may be commenced under the AAUP collective bargaining agreement if the informal previous procedures set forth above
have not been properly followed.
For hourly employees and police officers, the grievance procedures are found in their collective bargaining agreements.
For professional and salaried staff, the grievance procedures are found in the Personnel Policy & Procedures Manual for Professional & Salaried Staff.
For students, the grievance procedures are found in the
Student Guide to University Policies. (Rev.
Faculty Senate revision 5/05.