Sexual and/or Racial Harassment Policy

Emporia State University does not tolerate any behavior by administration, faculty, staff, or students which constitutes sexual or racial harassment of other students, faculty, staff, or administrators. The University finds harassing conduct directly opposed to the goals of an academic institution. Whenever a specific report of sexual or racial harassment is received by the Office of Student Affairs, it will be promptly investigated and corrective action will be taken if deemed necessary.

For the purpose of this policy at Emporia State University, sexual harassment is defined as:

Unwanted and unwelcome sexual attention from co-workers, fellow students, supervisors, subordinates, instructors and/or administrators which may take the form of verbal (oral or written) abuse (i.e., suggestive comments, subtle form of pressure for sexual activity) and/or physical aggressiveness (i.e. leering, touching, patting).  Unwelcomed sexual advances and/or requests for sexual favors made by a supervisor or teacher (work or academic setting) may carry a stated or implied threat that rejection of such advances will adversely affect employment and/or student’s status in a course, program, or activity.

For the purpose of this policy at Emporia State University, racial harassment is defined as:

Any behavior, action, or comment by co-workers, fellow students, supervisors, subordinates, instructors, and/or administrators pertaining to a racial or ethnic group that may be viewed as offensive by members of that racial or ethnic group. Racial harassment, whether blatant or subtle, is not permitted at Emporia State University.  Some examples of blatant racial harassment are: derogatory name calling, comments based on cultural stereotypes, or incidents which are derogatory to a racial or ethnic group. Examples of subtle racial harassment are: use of stereotypical terms that project characteristics on all members of a group, or consistent ignoring of one’s presence or existence in a group (i.e., not being called on for contributions or otherwise recognized).

Conduct will be considered harassment when it interferes with an individual’s work and/or academic performance, or when it creates an intimidating, hostile, or offensive work and/or academic environment.

In addition to the work-setting possibilities for discrimination or harassment of staff and students, other possible areas of discrimination concerning students may include housing, employment, organizational membership, university services, evaluation, and recognition.

Any type of retaliation against someone filing a sexual or racial harassment complaint will be treated as an additional violation of the sexual or racial harassment policy.

Students, faculty, staff and administrators at this university who have grievances regarding sexual and/or racial harassment may express them according to established procedures published in this plan.
Sexual and/or Racial Harassment Policy continued from previous page

Grievance Procedure for Complaints of Discrimination and/or Sexual or Racial Harassment for Faculty, Staff and Students

The office of Affirmative Action establishes the following procedure to process complaints of sexual or racial discrimination and/or harassment involving faculty, staff and students.* When complaints of sexual or racial discrimination and/or harassment arise, the following procedure will be implemented:

1. The complainant should first discuss the allegation(s) with the individual(s) perceived as harasser(s). (If a complainant is a student and would find it difficult to discuss the problem with the individual involved, the complainant is encouraged to consult with an RA, a trusted faculty member or academic advisor, an activities advisor, or a counselor in the Student Life and Counseling Center.)
2. If the discussion does not lead to a solution of the problem, or for valid reason the complainant elects not to exercise step I, the matter should be taken to a third party who is the next highest official in the unit or department.
3. If the complainant is not satisfied when both the above steps have been completed, an appeal to the Affirmative Action Officer is recommended. Based on preliminary contact(s) with the complainant, the Affirmative Action Officer in consultation with the Affirmative Action Advisory Council will decide if a grievance committee should be convened.

1. The Affirmative Action Officer will call together the grievance committee and define the area of sexual or racial discrimination and/or harassment and the criteria for evaluation of evidence to be used by the committee in the course of deliberation. Two basic criteria are:
   (1) the burden of proof lies with the complainant, and
   (2) acceptable evidence/testimony must be first-hand observations, and be relevant and be as fair and objective as possible. Confidentiality is of extreme importance throughout the grievance procedure. Each committee member shall acknowledge awareness of this stipulation as a requisite for involvement in those proceedings. Both parties in the dispute may be present at this meeting or should be apprised of the Affirmative Action Officer’s statements in writing.
   Sexual and/or Racial Harassment Policy continued from previous page
2. Because the burden of proof rests with the complainant, the complainant will submit a written account of particulars setting forth grievances and specifying background information, details of the alleged sexual or racial discrimination and/or harassment to the Affirmative Action Officer who will distribute it to committee members.
3. The committee will review the statement  and determine if it is necessary to have a written defense from the accused. Such defense, if necessary, will be given to the Affirmative Action Officer within one week of the request. The Affirmative Action Office will distribute it to the committee members.
4. The committee may gather related facts and may ask for help from other agencies on campus. On the basis of all information received, the committee will determine if a hearing is warranted. If no hearing is deemed necessary by the committee nor requested by the complainant or the accused, the procedure in step “f” will follow.
5. If a hearing is in order, a time and place convenient to all concerned will be set.  Both parties may bring witnesses to testify; a secretary from the Affirmative Action Office will take complete notes of the hearing. It is the privilege of either party to the procedure to obtain the assistance of an advisor from the campus community in processing the matter.
6. The committee will make a written report to the Affirmative Action Officer and the President of the University. This report will include all facts and make recommendations concerning the disposition of the case.  The report will be signed by all members of the committee. A member may append to the report a dissent or non-concurrence with the majority opinion.
7. All parties initially involved in the dispute have the right to request a review by the President’s Office.

Last Updated January 3, 2008