Generally, sexual harassment is conduct that exploits power or authority in order to elicit sexual submission, or inappropriate sexual conduct that creates an intimidating, hostile or abusive environment for working, learning or enjoying other opportunities and activities. Sexual harassment can include a wide range of behaviors, from the actual coercing of sexual relations to inappropriate sexualization of the working or learning environment with words, materials or behavior. It may involve women being harassed by men, men being harassed by women, or harassment between persons of the same sex.

The Federal Equal Employment Opportunity Commission (“EEOC”) has issued guidelines that provide a basic definition of sexual harassment. While the EEOC guidelines apply only to faculty and other employees, the university prohibits sexual harassment of any member of the university community, whether such harassment is aimed at students, faculty or other employees.

Based upon the EEOC guidelines, and for the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other expressive or physical conduct of a sexual nature where:

• Submission to such conduct is explicitly or implicitly made a term or condition of employment or status in a course, program or activity; or
• Submission to or rejection of such conduct is used as a basis for an employment or academic decision affecting the individual, or for a decision regarding an individual’s status in a course, program or activity; or
• Such conduct has the purpose or effect, when judged from the perspective of a reasonable person in the position of the complaining individual, of substantially interfering with an individual’s work performance, or with an individual’s enjoyment of other university opportunities, programs and activities; or

Sexual harassment is generally found to be in two distinct forms:

1. Quid pro quo sexual harassment occurs when an individual makes an explicit proposition for sexual favors in return for express or implied job benefits or academic decisions, or where rejection of such a proposition is to be used for, or negatively effects, job benefits or academic decisions.
2. Hostile environment sexual harassment occurs when conduct (either through its severity and/or its repetitive or consistent nature) has the purpose or effect of substantially interfering with an individual’s work or academic performance, or creates an intimidating, hostile or offensive working or learning environment. Unwanted flirtations, advances or propositions of a sexual nature, or unwelcome comments of a sexual nature about an individual’s body or clothing, whether conveyed orally, in writing or by electronic transmission, or unwelcome touching, such as patting, pinching, hugging or brushing against an individual’s body are illustrations of the kinds of conduct, if engaged in by an individual repeatedly and consistently, which could constitute hostile environment sexual harassment.
   

Other Issues Concerning the Conduct of Members of the University

The EEOC definition refers to legal standards for identifying sexual harassment. There are, however, other standards for conduct among its members that are important in a University setting. Although we do not wish to discourage collegial relationships which are essential to the educational mission of a university, members of the University must recognize the professional responsibility that faculty have for students’ education and the considerable power that faculty have over students’ careers. As a result, our standards for relationships between faculty and students at the University, and between other members of the University community, may be more restrictive than those encompassed in the EEOC definition which pertains to employment.

Faculty members (and administrative staff) should be aware that any romantic involvement with students (or staff members who report to them) is considered inappropriate, and it might make them liable to formal action. Romantic involvements between faculty and students outside the instructional context also have the potential to lead to difficulties. Beyond these difficulties, and the risk of formal action, these involvements can have a negative effect on the community. Suspicions of favoritism may arise that affect the academic and/or work environment; there may be the appearance of exploitation even if the relationship is consensual. In addition, there is always the possibility that relationships that begin consensually will be subject to misinterpretation and that after they end, the faculty (or administrative staff member) will be vulnerable to accusations and recriminations.

The foregoing paragraphs refer generally to faculty and students, or administrative staff members and those who report to them, but it is equally important that relations between students in all programs of the University adhere to a high standard of collegiality and mutual respect.

The foregoing paragraphs are included within the purview of this policy statement, because it is important to keep this highest standard of professional behavior in mind and to avoid even the semblance of exploitation. At a university, in situations where colleagues, co-workers, teachers and students work together as equals, and where the atmosphere is collaborative, there will be a tendency to ignore distinctions and to behave as if they do not exist. Particularly, in the case of senior faculty and junior faculty and in the case of faculty and graduate students (when students are older, working adults) it may be easy to ignore differences in responsibility and power. But even in the case of non-traditional students, -- teachers have power and authority over all students -- this asymmetry should be acknowledged and respected. The same is true for the relations between supervisors and staff.

At the same time as we respect the differences in our roles, we want to sustain a collegial atmosphere and the informality of the University environment so that our mission -- the process of education -- can flourish. At no point, however, should the freedom, openness, and collegiality of the University permit an abandonment of responsibility.

The highest standards of professional conduct pertain to all members of the faculty in their dealings with one another as well as with staff and students; the relationships between supervisors and members of the staff at all levels should also be governed by these standards. No member of the University should feel that the fulfillment of her or his duties is obstructed or impeded by sexual harassment from a teacher, colleague, or supervisor.

The standards we have outlined above have their parallel in relationships among students in all academic divisions of the University. We expect those relations to be collegial and civil. Students should not engage in any behaviors that coerce, demean, or threaten other students.

Adopted April 25, 2006

Introduction

The New School is committed to creating and sustaining a university environment in which students, faculty, and staff can study and work in an atmosphere that is open, healthy, safe, and unhampered by discrimination. Consistent with this commitment and in keeping with federal and state law requirements, it is the policy of the university that sexual assault and sexual abuse will not be tolerated. Non-consensual sexual conduct and violence can be traumatizing and detrimental to a person's learning experience and total health and has no place in our community. The New School will take any and all action needed to discourage, prevent, correct, and if necessary, discipline behavior that violates this standard of conduct. The university will make every effort to provide assistance and support to the victim of a sexual assault in a thorough, consistent, and sensitive manner.

Definition Of Sexual Assault

The term sexual assault, as used by The New School in this policy, encompasses various forms of nonconsensual and coerced sexual activity involving forcible touching. It also incorporates the legal definitions of a series of offenses of sexual assault contained in New York State Law. These include acts of rape and of attempted rape (stranger and acquaintance), and non-consensual and coerced sexual activity where the victim is overcome by force or fear resulting from the threat of force, or by drugs administered without consent, or in any other situation where the victim is incapable of giving consent. Sexual assault is considered a serious violation of university policy and is a crime in New York State.

University Reporting Procedures

Sexual assault is a serious violation of university policy thus the university encourages the reporting of sexual assaults to the appropriate university officials as reporting is the only way the university can take action against the accused assailant. We have two sets of reporting procedures regarding complaints of sexual assault which take place in university facilities, including dormitories, classrooms, offices and auditoria:

1. If the alleged assault occurred more than a week (5 days) before the report alleging an assault by a member of The New School community, victims who are students should report sexual assault to the Office of Student Support and Crisis Management or to the Office of Assistant Vice President for Student Affairs. Victims who are employees of The New School, faculty or administrators, should report the sexual assault to the Vice President for Human Resources or to the Office of the General Counsel. Victims and persons receiving reports of sexual assault are reminded of the importance of preserving evidence that may be necessary to the proof of criminal sexual assault or for use in university disciplinary proceedings.
2. If the alleged assault has occurred in less than four days or less, victims who are students should report the assault to the same offices as above, and/or to University Security who will contact those offices and assist in the procedures. There may be circumstances depending on the imminence and seriousness of the offense, in which the university must take action to protect the victim or other members of the university community. Victims who report the assault to the university will be fully informed in a timely manner of all their rights and options, including the necessary steps and potential consequences of each option. The best way for a victim to retain control over actions is to report the assault in the first instance to a confidential counselor or medical professional, e.g., at Student Health Services, where no action will be taken without the victim's consent, unless required by law.

University Disciplinary Procedures

As complaints of sexual assault are serious violations of university policy, such complaints against members of the University can result in severe disciplinary actions by the University.

Complaints against a student member of the university community will be reviewed and adjudicated using the Non-Academic Disciplinary Procedures outlined in the University Student Code of Conduct.

The procedures a victim may follow to pursue university action against a faculty or staff member will depend on the employment status of the accused. The Vice President for Human Resources in consultation with the Office of the General Counsel can advise a victim on which procedures would be applicable in a given case.

The university commits itself to providing judicial and disciplinary processes that are sensitive, supportive, expedient, and respectful of the individual rights of all involved. Both the victim and the accused have the right to be accompanied by a support person through every phase of the process. Student victims may choose to change student housing and academic arrangements, if such changes are reasonably available, without academic penalty.

Possible sanctions for students resulting from the university's disciplinary process range from formal reprimands and community service to suspension and expulsion. Possible sanctions for faculty and staff range from reprimands to termination of employment. Both the accuser and the accused shall be informed of the outcome of the campus disciplinary process.

Information For Individuals Accused Of Sexual Assault

Any individual accused of sexual assault will be notified if a complaint is filed against him/her. Once the accused receives notice of the complaint, it is recommended that he/she carefully review the Sexual Assault Policy and contact the appropriate office (i.e., Student Rights and Responsibilities or the Human Resources Department) with any questions he/she may have. The accused may respond in writing to the allegations that have been made against him/her. However, he/she will still be required to appear in person at any review hearing on the complaint.

The accused should bear in mind that there are confidentiality mandates in the disciplinary procedure that must be abided by from the moment he/she becomes aware of the complaint. Breaches of the confidentiality of the proceedings, or retaliation against any person bringing a complaint, will constitute separate violations of the Sexual Assault Policy.

The accused has the right to be protected against the filing of malicious complaints. Individuals who file malicious complaints will be subject to disciplinary action by the university.

Statistical Reporting Requirement

The university will provide statistics of reported sexual assaults as required and defined by the Campus Security Act. All personally identifying information will be removed from statistical reports.

Educational Programming And Training For The University Community

Educational programs and printed educational materials specifically addressing issues of sexual assault/sexual abuse, including acquaintance and date rape, will be made available to university students, faculty, and staff throughout the calendar year. Information on Sexual Assault contains information which the University must distribute to the student population regarding sexual assault required by state and federal law.

Sexual assault abuse training, educational programming, and/or printed material will stress the importance of reporting incidents of sexual assault regardless of whether or not the victim intends to pursue criminal, civil, or institutional disciplinary action.1 Only when the victim reports an incident involving an allegation of sexual assault will university personnel be able to put the victim in contact with trained personnel who are able to provide support and information which may be vital to subsequent criminal or institutional action.

1 As is the case for institutional disciplinary actions, if either the victim or the accused elects to pursue a criminal or civil action as the result of an alleged sexual assault, the University can only provide support in the form of information, guidance and advice but cannot provide any financial assistance to either the victim or the accused.

Federal Law On Sexual Assault

The United States Congress enacted the Campus Sexual Assault Victims' Bill of Rights in 1992 as a part of the Higher Education Amendments of 1992 (Public Law: 102-325, section 486(c)). The bill was signed into law in July of 1992. The Campus Sexual Assault Victims' Bill of Rights exists as a part of the campus security reporting requirements of the federal law that establishes all student aid programs, the Higher Education Act of 1965.

This law requires that all colleges and universities (both public and private) participating in federal student aid programs afford sexual assault victims certain basic rights. It also requires the school to notify victims of their option to report their assault to the proper law enforcement authorities. The legislation was developed to combat the re-victimization of rape survivors at college campuses across the country.

New York State Law On Sexual Assault

NYS Law contains the following legal provisions defining the crimes related to sexual assault:

Section 130.20 - Sexual Misconduct. This offense includes sexual intercourse without consent and deviate sexual intercourse without consent. The penalty for violation of this section includes imprisonment for a definite period to be fixed by the court up to one year.

Section 130.24/.30.35 - Rape. This series of offenses includes sexual intercourse with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes sexual intercourse with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.40/.45/.50 - Criminal Sexual Act. This series of offenses includes oral or anal sexual conduct with a person incapable of consent because of the use of forcible compulsion or because the person is incapable of consent due to a mental defect, mental incapacity, or physical helplessness. This series of offenses further includes oral or anal sexual conduct with a person under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed four years up to imprisonment for a period not to exceed 25 years.

Section 130.52 - Forcible Touching. This offense involves the forcible touching of the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire. Forcible touching includes the squeezing, grabbing, or pinching of such other person's sexual or other intimate parts. The penalty for violation of this section includes imprisonment for a period of up to one year in jail.

Section 130.55/.60/.65 - Sexual Abuse. This series of offenses includes sexual contact with a person by forcible compulsion, or with a person who is incapable of consent due to physical helplessness, or due to the person being under the age of consent. The penalties for violation of these sections range from imprisonment for a period not to exceed three months up to imprisonment for a period not to exceed seven years.

Section 130.65-a/.66/.67/.70 - Aggravated Sexual Abuse. This series of offenses occurs when a person inserts a finger or foreign object in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is under the age of consent. The level of this offense is enhanced if the insertion of a finger or foreign object causes injury to the other person. The penalties for violation of these sections range from imprisonment for a period not to exceed seven years up to imprisonment for a period not to exceed 25 years.

The Victim's Rights, Needs, And Options After Sexual Assault Occurs

Victim's Rights
Victims of sexual assault may encounter a bewildering number of choices related to medical services, legal assistance, counseling and other support services. The emotional reactions that may follow a sexual assault often make the decision making process even more complicated.

The Sexual Assault Victim's Bill of Rights is as follows:

• You have the right to seek and receive help.
• You have the right to be given the same credibility as any other crime victim.
• You have the right to courteous, efficient treatment.
• You have the right to be treated with dignity and respect, without prejudice against race, class, lifestyle, age, gender, religion, sexual orientation, or occupation.
• You have the right to accurate information, presented in a way that you understand.
• You have the right to ask questions.
• You have the right to make your own decisions.
• You have the right to change your mind.
• You have the right to get help and support from others.
• You have the right to heal.
• You have the right to be informed of the outcome of any disciplinary proceeding.
• You have the right to be informed of your options to notify law enforcement.
• You have the right to be notified of counseling services.
• You have the right be notified of options for changing academic and living situations.

Victim's Medical Needs
Victims of sexual assault or attempted sexual assault should receive a comprehensive medical examination as soon as possible after the incident occurs. This is important for two reasons. One is to provide an immediate opportunity to treat medical conditions that may arise as a result of the sexual assault. A victim of sexual assault may also have injuries that are not physically visible. The second reason is to help in the collection of evidence.

A victim of sexual assault can go to the hospital for a forensic examination up to 96 hours after a sexual assault. This will include a collection of evidence. Therefore, when possible, it is best not to shower, wash, douche, eat, or drink. Please note, however, that it may still be possible to collect evidence even if these things have already occurred. It is also important to bring, in a paper bag, the clothes that were worn at the time of the sexual assault. At the hospital emergency department, a victim can also be given a general medical examination, antibiotics and testing for sexually transmitted infections, emergency contraception, and HIV prophylaxis and testing.

After completing a forensic examination, the victim does not have to immediately file a report with the police. A hospital will store the evidence collection kit for 30 days, which allows for the victim to later decide if she/he wants to report the assault to the police. Testing for the presence of date rape drugs can be done at a hospital emergency department, up to 96 hours after a sexual assault, when a police report is filed. Financial assistance for any expenses that are incurred at the hospital that are not covered by the victim's insurance may be covered by the New York State Crime Victim's Board if the assault occurred in New York State.

If the victim does not choose to have a forensic examination completed, she/he also has the option to go to the university's Student Health Services, a local health clinic, or their private physician for a general examination, emergency contraception, and sexual transmitted infection treatment and testing.

Victim's Counseling Needs
Victims of sexual assault can experience emotional as well as physical consequences. Initial reactions vary and may include shock, denial, anxiety, guilt, anger, and self-blame. A victim may experience nightmares, changes in their eating or sleeping patterns, and depression. Individuals who have been sexually assaulted are strongly encouraged to obtain help from a professional counselor as soon as they are ready after the incident occurs.

Off-Campus Legal Options
In addition to the university's student disciplinary process and those disciplinary procedures applicable to faculty and staff, the victim has the right to pursue criminal prosecution and/or civil litigation.

Reporting a sexual assault to the police does not obligate the victim to file criminal charges or pursue other legal action. In the case of sexual assault, however, prompt reporting and a comprehensive medical examination completed at a hospital emergency department within 96 hours of the assault will enable the victim to file criminal charges at a later date if he or she wishes to do so.

The Office of Student Support and Crisis Management working with the local police precincts is available to provide assistance and information on criminal prosecution. The university is committed to providing full and prompt cooperation and assistance in notifying the proper law enforcement personnel if the victim so chooses.

The New School and New York City Resources

New School Resources
Student Counseling Services - 212.229.1671 option 1
Student Medical Services - 212.229.1671 option 2
Student Support and Crisis Management - 212.229.5900 x3189 or 646.208.4534 (24 hrs)
Student Rights & Responsibilities - 212.229.5900 x3656
Assistant Vice President for Student Affairs - 212.229.5900 x3659 or 646.210.6951 (24 hrs)
Student Ombuds - 212.229.8996 x 3619
Office of Human Resources - 212.229.5671
University Security - 212.229.5165 (24 hrs)

New York City Resources

In addition or as alternatives to the university support services, students may seek help from a number of
community agencies. The following are other helpful numbers:
Police emergency - 911 (24 hrs)
NYPD Special Victims Liaison Unit Report Line - 646.610.7273 (24 hrs)
NYC Gay and Lesbian Anti-Violence Project - 212.714.1141 (24 hrs)
Safe Horizons: Rape and Sexual Assault Hotline - 212.227.3000 (24 hrs)
Safe Horizons: NYC Domestic Violence Hotline - 800.621.4673 (24 hrs)
New York Asian Women's Center - 212.732.5230 (24 hrs)
Women's Rights at Work - 888.979.7765
NYC Alliance Against Sexual Assault - 212.523.4344
NYS Victim Information and Notification Everyday - (888) VINE-4NY
NYS Crime Victim's Board - 718.923.4325
Manhattan DA's Office - 212.335.9373
Brooklyn DA's Office - 718.250.3170
Bronx DA's Office - 718.590.2323
Queens DA's Office - 718.286.6505

Rape Crisis Centers (affiliated with hospitals)

Manhattan
Beth Israel Medical Center - 212.420.4516
Bellevue Hospital Center - 212.562.3435
Columbia Presbyterian Medical Center - 212.305.9060
Harlem Hospital - 212.939.4613 (24 hrs)
Mt. Sinai Medical Center - 212.423.2140
New York Presbyterian Hospital - 212.305.9060
St. Luke's Roosevelt Hospital - 212.523.4728
St. Vincent's Hospital & Medical Center - 212.604.8068

Brooklyn
Coney Island Hospital - 718.616.4209 or (800)TEL.RAPE (24 hrs)
Long Island College Hospital - 718.780.1459

Bronx
North Central Bronx Hospital - 718.519.5722

Queens
Elmhurst Hospital Center - 718.736.1288

Staten Island
St. Vincent's Medical Center, Staten Island Region - 718.876.3044

Adopted December 13, 1990
Revised October 15, 1992
[Revised March 30, 1999]
[Revised February 2003]
[Revised October 2004]

The New School is committed to being an academic community that is racially and culturally diverse, that values mutual respect, human dignity, and individual differences, and that is supportive of intellectual, artistic, and professional growth.

These benefits are compromised when individuals or groups within the community engage in acts of discrimination and discriminatory harassment as well as coercion against other individuals or groups, including intimidation by threats and/or acts of violence or personal vilification on the basis of race, color, religion, religious practices, gender, sexual orientation, national or ethnic origin, physical or mental disability, age, marital status, or other personal attributes. Such acts undermine the fundamental values of the entire community and contribute to a hostile environment which may limit or deny access to the educational process, not just for those subjected to such acts but to the community as a whole. Acts of discrimination including discriminatory harassment are prohibited.

This policy is not intended to discourage the expression of ideas that, while they may be offensive, are protected by the University’s Policy on the Free Exchange of Ideas and the University’s Statement on Freedom of Artistic Expression, and by the First Amendment of the Constitution of the United States.

Speech or other expression constitutes discriminatory harassment if it:

• deliberately insults, stigmatizes, threatens or intimidates an individual or small group of specific individuals on the basis of race, color, religion, religious practices, gender, sexual orientation, ethnic origin, physical or mental disability, age, marital status or other personal attributes; and
• is addressed directly to the specific individual or individuals who it insults, stigmatizes, threatens, or intimidates; and
• makes use of “fighting words” or non-verbal symbols.

In the context of discriminatory harassment, “fighting words” or non-verbal symbols are words, pictures or symbols that are, as a matter of common knowledge, understood to convey direct hatred or contempt for human beings and that by their very use inflict injury or tend to incite an immediate breach of the peace.

Individuals who believe they have been subject to discrimination in violation of this policy may obtain redress through the University’s Sexual Harassment & Discrimination complaint procedures, or, where applicable, the collective bargaining agreement, as described in the Guidelines For Dealing With Issues Of Sexual Harassment & Discrimination.*

*It is also a violation of this policy to engage in hate/bias crimes which include violence, intimidation and/or destruction of property against a person based in whole or substantial part because of a belief or perception regarding that person’s race, color, national origin, ancestry, gender, religion, religious practices, age, disability and/or sexual orientation regardless of whether the belief or perception is correct.

Adopted March 8, 1990
Revised March 17, 1994
[Revised March 30, 1999]
[Revised February 2003]
[Revised October 2004]

The Board of Trustees of The New School has approved the preceding Policies on Sexual Harassment & Discrimination. These policies provide a discussion of the standards of behavior to which the university community adheres in this regard.

These policies are statements of values and standards; they do not include procedures. The following Guidelines for Dealing with Issues of Sexual Harassment and other forms of discrimination have been established in order to provide a structure and procedures for dealing with actual charges of sexual harassment or discrimination as defined in the policies. The procedures uphold the basic requirements of fairness and accord full consideration and respect to the complainant and to the person complained against.

These guidelines are for members of the university including faculty, students enrolled in degree granting programs and administrative staff. For clerical union employees, the university’s Sexual Harassment and Discrimination policies have been incorporated within the current collective bargaining agreement with the union local. There are two different procedures to be followed depending upon the status of the employee bringing a claim of having been sexually harassed or otherwise been discriminated against. If a claim is brought by an employee of having been harassed while in the status of a clerical union employee, it will be handled through the grievance machinery established in the collective bargaining agreement. If the claim of harassment or discrimination is brought by a member of the university while in the status of a student, administrative staff or faculty member, the university-wide Sexual Harassment and Discrimination complaint procedures will be followed.  An employee cannot utilize both procedures simultaneously.

The university has assigned the Office of the Vice President & General Counsel the task of providing detailed information and guidance on the process to both the complainant and the person complained against.

Steps in Bringing a Complaint of Sexual Harassment or Discrimination:

• Initial discussion of a situation by complainant with a designated official in an effort to resolve the problem. When the investigation is concluded, the designated official should submit a confidential report, within thirty (30) calendar days, of the outcome to the Provost.
• If Step 1 is not successful in resolving the matter, either party may submit a written complaint to the Provost for his/her reconsideration. The Provost may further investigate the matter or make a decision based on the submitted materials. The Provost may also, at his/her sole discretion, refer the matter to a Panel of the university–wide Committee on Harassment & Discrimination for its consideration and recommendation.
• If the matter is referred to a Panel for its review, the Panel shall meet and determine whether or not the complaint warrants a formal investigative hearing or can be resolved without further investigation. The Panel’s recommendation will then be sent to the Provost for his/her consideration.
• The Provost will review the recommendation of the Panel of the University-wide Committee, and decides on a penalty, if appropriate. When the Provost announces the decision, the alleged harasser or the complainant may request the Provost reconsider the decision and/or the penalty. The Provost’s decision after this recommendation, if any, is final.

1. Initial discussion with Designated Official

Because sexual harassment or discrimination is often difficult to discuss, a complainant may want to speak first with a designated official. A complaining party should speak with one of the following designated officials:

Faculty & Staff
 
Vice President for Human Resources/Vice President & General Counsel

2. Review of the Complaint by a Panel of the University–Wide Committee on Harassment & Discrimination

Composition of the Committee

The university–wide Committee is a standing committee of six persons selected annually by the Provost of the university. The Committee shall consist of: two faculty; two administrators; and two students (one undergraduate and the other a full-time graduate) selected from nominations submitted by the Senior Vice President for Student Services.

A Panel of three (3) Committee members will be selected to hear each case referred to the university-wide Committee on Harassment & Discrimination. A Panel will be selected in the following manner: the complainant and alleged harasser (hereinafter referred to as the “responding party”) may each select one member from the six-person standing committee and the Provost will select the third member. The Chair will be appointed by the Provost. However, the students shall not be selected for a Panel where a case does not involve a student as either a complainant or responding party. A student complainant may also request that students not participate on a Panel and only one student may be chosen for any one panel. Any member of the university-wide Committee with an interest in the matter, who has actively participated in the Step 1 process, or who the complainant or the responding party justifiably has a conflict of interest, may be asked to disqualify himself/herself from participating on the Panel.

At any time during the Step 2 process, the Provost or Panel shall have the authority to enter into an informal resolution of the complaint that is acceptable to both the complainant and responding party. Upon informal resolution of a complaint, the matter will be deemed closed.

3. Discipline

Where the investigation of a complaint results in a conclusion that the imposition of discipline is necessary and appropriate, such discipline will follow the basic structure of penalties under the established disciplinary procedures at the university. For students, faculty or staff these penalties will have different significance and practical consequences. 

Since our goal is to deal directly and clearly to prevent and to correct sexually harassing behavior, in cases of severe harassment or discrimination (i.e. involving sexual assault, quid pro quo sexual harassment, multiple charges, or a history of complaints), the university reserves the right to take summary disciplinary action pursuant to the University Code of Conduct and/or pursuant to existing university employment procedures, including those contained in the Full-Time Administrative Staff Handbook and the Guidelines On The Rights and Responsibilities of Faculty contained in the Full-Time and Part-Time Faculty Handbooks.

4. General Considerations

Timing
 
In order to preserve a healthy environment for education in the university community, complaints of sexual harassment or discrimination should be dealt with in a timely fashion. Except for good cause, a complainant must initiate the process by taking Step 1 no later than sixty (60) calendar days after the alleged act constituting harassment or discrimination has occurred. After Step 1 has been initiated it should be dealt with within twenty (20) calendar days. After Step 2 begins, it should take no longer than two months after receipt of both parties’ written statements and responses to complete. A matter will be concluded no later than three months after the initiation of Step 1 proceedings. This is a blueprint for a schedule, but the goals of fairness and full consideration may extend (or accelerate) the schedule, when necessary.

Confidentiality
 
The Panel must seek to determine the facts of the case in order to make a fair determination and finding in as confidential a manner as practical. The members of the Panel or designated officials reviewing a case at Step 1 shall not discuss a case except in formal sessions dedicated to that purpose. The privacy of both parties to a case will be respected insofar as possible.

Protection from Retaliation
 
All individuals involved in the consideration of a complaint of sexual harassment or discrimination will be protected from retaliation, such as threats, false countercharges, the punitive use of grades, arbitrary dismissal or denial of promotion. Individuals should be protected from retaliation both during and after a complaint is considered. Any indication of retaliation should be promptly reported to the designated official who is (or was) responsible for the consideration of the case during Step 1 proceedings. He or she will review the facts and recommend appropriate action.