POLICY STATEMENT 

Slippery Rock University's sexual harassment policy and procedures seek to provide an environment that is free from sexual harassment. Such conduct is costly in human terms and seriously undermines the atmosphere of trust and respect that is essential to work and study for all members of the academic community. 

All employees, students and vendors are to comply with both the letter and the spirit of federal and state laws and regulations that relate to sexual harassment. The coverage of this policy extends to persons visiting the campus. 

It should be clearly understood that the university will take action to prevent sexual harassment, including, if necessary, disciplining those individuals whose behavior violates university policy. For employees, discipline may include, but is not limited to, oral or written warning, transfer, suspension or dismissal. Students may be referred to student standards for appropriate disposition. 

LEGAL AUTHORITY 

Harassment on the basis of gender is a violation of Section 1604 of Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Pennsylvania Human Relations Act, regulations issued pursuant to those statutes, and perhaps other laws and/or constitutional prohibitions, as well as Slippery Rock University's Equal Opportunity/Affirmative Action Policy. 

DEFINITION 

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education or employment; or 

2. submission to, or rejection of, such conduct by an individual is used as the basis for academic or employment decisions affecting the individual's welfare; or 

3. such conduct is so severe and pervasive that it has the purpose or effect of substantially interfering with an individual's welfare, academic or work performance, or creates an intimidating, hostile, offensive or demeaning education or work environment. 

Furthermore, as provided by the U.S. Department of Education Office for Civil Rights, sexual harassment also consists of verbal or physical conduct of a sexual nature, imposed on the basis of gender, that denies, limits, differentiates, or conditions the provision of aid, benefits, services, or treatment protected under Title IX. 

Whether the victim and the person accused of harassment are of the same gender, or different genders, does not, in and of itself, determine whether any particular situation constitutes sexual harassment. 

Nothing in this policy may be taken to in any way modify or contradict the substantive and/or procedural rules provided by any applicable collective bargaining agreement or regulation of the Board of Governors of the State System of Higher Education. 

RESPONSIBILITIES 

The university has a legitimate interest in educating all of its students, faculty, and staff regarding sexual harassment and the procedures to be taken in resolving complaints. Each dean, director, department chairperson, and/or administrative officer shall make an appropriate effort within his or her respective area for supporting this policy. Assistance may be obtained by contacting the director of diversity and equal opportunity or the director of human resources. 


NON-REPRISAL 

No faculty, administrator, staff, student, applicant for employment, or member of the public may be subject to restraint, interference, coercion, or reprisal for action taken in good faith to seek advice concerning a sexual harassment matter, to file a sexual harassment complaint, or to serve as a witness in the investigation of a sexual harassment complaint. 

FALSE CHARGES 

Sexual harassment is a serious matter which can have far-reaching effects on the careers and lives of individuals. Therefore as in any case of serious charges against a student or employee, false or malicious accusations will not be tolerated, and may be cause for disciplinary action, or in the case of students, referral to student standards. 

PROMPT REPORTING AND RESOLUTION 

It is in the best interest of all concerned to conduct a timely review of the circumstances of the alleged harassing behavior; accordingly, complainants are urged to file complaints as soon as possible. 

The procedure for informal complaints calls for prompt review and mediation if desired by both the complainant and the accused, followed by action designed to prevent any further harassment. The procedure for formal complaints requires prompt review that may result in disciplinary action against someone who has sexually harassed another. To the extent that all information has been received and all witnesses are available to complete the investigation, the investigator(s) should attempt to complete and advise both parties of the outcome within 180 calendar days of receiving a written complaint. 

VOLUNTARY MEETINGS 

In any internal procedures a the university, whether formal or informal, the complaint is not required to attend any face to face meeting with the person(s) against whom a complaint has been brought. 

COUNSELING 

Arrangements can be made for students and staff of the university to receive counseling from the university counseling center. Employees may seek help through the State Employee Assistance Program by calling 1-800-692-7459. Complainants who wish may be accompanied by an advocate to help them through the complaint process. 

"REASONABLE PERSON OF COMPLAINANT'S GENDER" STANDARD 

In reviewing sexual harassment complaints, the university will employ the standard of a "reasonable person" of the same gender as the complainant. 

RECORD KEEPING 

Records of disciplinary action are kept according to applicable policy or procedures. In the event of litigation, applicable records will be maintained. 

COMPLAINTS AGAINST STUDENTS 

A complaint against a student should be brought to the attention of the vice president for student life and dean of students, for consideration under the student code of conduct. 

PURPOSE OF AN INVESTIGATION 

The purpose of an investigation is to determine whether a complaint has probable cause. There is no right to be represented by counsel, nor any right to introduce evidence or cross examine witnesses about their testimony. 

CONFIDENTIALITY  

In recognition of the dignity and reputations of all parties, those officially involved in the proceedings or investigation should preserve, to the extent possible, the confidentiality of the complaints and all proceedings. Disclosure of the complaint will be limited to individuals who, in the interest of fairness and problem resolution, have a need to know. The complainant and the accused are encouraged to maintain confidentiality consistent with the provisions of this policy. 

UNIVERSITY RESOURCES AND INITIAL POINTS OF CONTACT 

The sexual harassment complaint process includes procedures for resolving complaints from individuals who believe they may have been the subject of a specific act or a pattern of behavior falling within the definition of sexual harassment. The following university resources are available to individuals seeking information and counseling regarding university policies on sexual harassment, standards of behavior, and informal and formal mechanisms for resolving complaints. 

While complaints may be made to the personnel identified above, those persons should notify the director of diversity and equal opportunity or designee of such complaints. In cases where appropriate, or in the absence of the director of diversity and equal opportunity, the president may designate an individual to receive complaints and perform other responsibilities provided hereafter in this policy. Reported information should contain names of the persons involved, a description of the complaint, the status of complaint and dates. 

INFORMAL COMPLAINT PROCEDURE 

Informal procedures (in which no formal finding or discipline of an employee will be involved) include efforts to mediate a resolution upon which both the complainant and the individual accused of sexual harassment can agree. The informal process can be broken off by either party at any time. 

The complainant initiates the informal procedure by filing an oral or written complaint. Upon review of the informal complaint, the director of diversity and equal opportunity, or his/her designee, will contact the accused to arrange a meeting to inform the individual of the complaint. Any person involved in such informal discussions may be accompanied by an individual or appropriate union official if he/she so desires. 

The director of diversity and equal opportunity, or his/her designee will advise the accused of the informal complaint procedure and describe the alleged behaviors considered offensive by the complainant. 

To the extent possible, the identity of the complainant will be held in confidence during the informal complaint process. 

After accepting the informal complaint, informing the accused of the allegation, and the complainant's desire for mediation, the director of diversity and equal opportunity, or his/her designee will facilitate a resolution or appoint a mediator and notify the parties of the mediator's identity. Mediation occurs by mutual consent; therefore, at any stage of the mediation process either party has the right to withdraw from the process. 

The mediator or the director of diversity and equal opportunity will serve as the facilitator to seek a resolution of the complaint. Information regarding the circumstances and perceptions of the complainant will be shared by the mediator or the director of diversity and equal opportunity with the accused who will have an opportunity to respond. Depending upon the circumstances of the complaint and/or the willingness of the complainant to be identified, the mediation effort could include either or both of the following options: 

1. The director of diversity and equal opportunity or the mediator will have a discussion separately with the accused and the complainant concerning the alleged act or pattern of behavior causing the complaint and attempt to resolve the situation.  

2. Both the accused and the complainant may voluntarily attempt to resolve the situation through meetings in which both parties are present and participate. 

At the conclusion of mediation the director of diversity and equal opportunity or his/her designee will notify the parties involved of the outcome. 

If the complainant or the accused is not satisfied with the outcome, he/she may choose to file a formal complaint using the university's sexual harassment procedure or file with an external agency. 

If the director of diversity and equal opportunity or his/her designee determines that there is need for a formal investigation, the formal process may be initiated on behalf of the university. If, after investigation, the university has knowledge of illegal behavior defined as sexual harassment by any of its employees or students, notwithstanding the wishes of a complainant, the university may have a legal responsibility to respond in accordance with the sexual harassment policy and contractual procedures. 

FORMAL COMPLAINT PROCEDURE 

When informal resolution is not chosen or is unsatisfactory, the following guidelines apply. Formal procedures include an investigatory and review process. This investigatory procedure is not intended to interfere with any legal rights an employee or student has under state or federal law. Nor is it intended to interfere with any employee rights under the appropriate collective bargaining agreement. 

The complainant initiates the formal complaint procedure by filing a written formal complaint. The director of diversity and equal opportunity will inform the accused of the allegation and provide him or her with a copy of the written complaint and a copy of the university's sexual harassment policy. If the accused employee is represented by a union, he or she will be informed of his or her right to union participation, but the failure to provide such notice shall not, because of this policy, be deemed to invalidate this process. That question may be left to resolution by an appropriate authority. 

Investigations of complaints include but are not limited to access to records and interviews with the complainant, accused and others who may have relevant information. The director of diversity and equal opportunity or his/her designee will determine the scope of the investigation. 

A preliminary determination will be made by the director of diversity and equal opportunity or his/her designee as to whether a complaint, if proven, would constitute a violation of the university's policy prohibiting sexual harassment. 

If there is insufficient evidence to warrant a finding of sexual harassment, the complainant and the accused will be notified by the director of diversity and equal opportunity or his/her designee and the complaint will be closed. 

If it appears there may be violations of university policy not regarded as sexual harassment, the matter may be referred to the appropriate manager. 

If there is probable cause to believe that the university's policy on sexual harassment has been violated, the director of diversity and equal opportunity or his/her designee will forward the findings to the appropriate vice president and/or the president to initiate action under the appropriate disciplinary policy. The complainant will receive written notification of the final disposition of the complaint. If the complainant finds the resolution or disciplinary action unsatisfactory, he or she may file a grievance with the appropriate union within 20 calendar days, or may pursue the complaint with appropriate external agencies. 

The complainant has the option at any time during informal or formal proceedings to file a complaint through an external public agency responsible for enforcing laws regarding sexual harassment. Generally this filing should take place within 180 days beginning with the date of the alleged incident. 

Pennsylvania Human Relations Commission
101 South Second Street, Suite 300
Harrisburg, PA 17105-3145
(717) 787-4410 

Pennsylvania Human Relations Commission
300 Liberty Ave. State Office Bldg. 11th Floor
Pittsburgh, PA 15222
(412) 565-5395 

U.S. Department of Education, Office for Civil Rights
400 Maryland Avenue
Washington D.C. 20202-5151
(800) 421-3481 

Equal Employment Opportunity Commission
(if filed jointly with PHRC - 300 days)
1000 Liberty Avenue
Pittsburgh, PA 15222 
(412) 644-3444