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University Policy Against Sexual Harassment  
 
  1. Purpose
    To define and outline the University's policy regarding sexual harassment.

  2. Policy
    The University of Delaware is committed to protecting the rights and dignity of all employees and students. The University will not tolerate sexual harassment in the work place. Further, sexual harassment is a form of sexual discrimination and is 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.

    Sexual harassment is defined as 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 unreasonably interfering with an individual's work or academic performance or 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, classmate or professor:

    • demand for sexual favors accompanied by implied threats about the person's employment status, or implied promises of preferential treatment
    • persistent, unwelcome flirtation, requests for dates, advances or propositions of a sexual nature
    • unwanted touching such as patting, pinching, hugging or repeated brushing against an individual's body
    • repeated degrading or insulting comments that demean an individual's sexuality or sex
    • unwarranted displays of sexually suggestive objects or pictures
    • sexual assault

    The University administration and all supervisory personnel are responsible for maintaining a work environment free of sexual harassment. Immediate and appropriate corrective action will be taken when cases of sexual harassment 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 harassment. Since a charge of sexual harassment may have serious consequences, the complainant(s) is are responsible to bring the charge in good faith and in accordance with the University's policy. The person(s) against whom the complaint is lodged also bears 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 both false and brought with malicious intent will be subject to disciplinary action.