This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. OFFICE OF THE PRESIDENT OFFICE OF HUMAN RELATIONS PROGRAMS The University of Maryland College Park SEXUAL HARASSMENT EDUCATION RESOURCE MANUAL Prepared by Dr. Gladys Brown, Director Office of the President Office of Human Relations Programs 1107 Hornbake Library University of Maryland College Park, Maryland 20742 (301) 405-2838 TABLE OF CONTENTS PREFACE Letter from President, Dr. William E. Kirwan Introduction: Goals and Objectives of Manual DEFINITION: WHAT IS SEXUAL HARASSMENT? Sexual Harassment: Types Verbal Physical Gestures or other Non-verbals Sex Discrimination: Types What to Do Sexual Pollution Consenting Relationships PREVENTION: WHAT IS YOUR ROLE AND RESPONSIBILITY? Employers' Role Responsibilities Employees'and Students' Role Responsibilities Checklist and Guidelines for Supervisors Sexual Harassment Questionnaire Issues to Address in Workshops, Staff Meetings, and Discussions RESOLUTION: What Actions to Take? A problem compounded by Perception Grievance Resolution Checklist RESOURCES Appendix A- Off-Campus Workshop Facilitators Appendix B- Title VII of the Civil Rights Act of 1964 Appendix C- Title IX of The Education Amendments of 1972 Appendix D- UMCP Sexual Harassment Policy GLOSSARY BIBLIOGRAPHY QUICK REFERENCE HANDOUTS HANDOUT #1: WHAT CONSTITUTES SEXUAL HARASSMENT? HANDOUT #2: WHERE TO GO FOR SEXUAL HARASSMENT PREVENTION AND GRIEVANCE RESOLUTION HANDOUT #3: CHECKLIST FOR SEXUAL HARASSMENT COMPLAINANTS Handout #4 CHECKLIST FOR ACCUSED SEXUAL HARASSERS HANDOUT #5: GRIEVANCE RESOLUTION CHECKLIST FOR MANAGERS AND SUPERVISORS HANDOUT #6: SEXUAL HARASSMENT QUESTIONNAIRE ***************************************************************** August 22, 1990 Dear Colleague: I am pleased to provide you with a copy of "The Sexual Harassment Education Resource Manual," created by Dr. Gladys Brown, Director of the Office of Human Relations Programs, to complement the University of Maryland College Park Policies and Procedures on Sexual Harassment and the Statement on Sexual Relationships and Professional Conduct. This document was developed to inform Vice Presidents, Deans, Directors and Department Chairs of their legal and professional responsibilities in preventing and resolving incidents of sexual harassment and to fulfill the policy requirement to educate the campus community about the nature of sexual harassment. It is my hope that you will join me in this campus-wide effort to make the University of Maryland at College Park a community free from intimidating, offensive,or hostile behavior. Sincerely yours, William E. Kirwan President ***************************************************************** GOALS AND OBJECTIVES OF THE SEXUAL HARASSMENT EDUCATION RESOURCE MANUAL The Sexual Harassment Education Resource Manual was created by the Office of Human Relations Programs to complement the University of Maryland College Park Policies and Procedures on Sexual Harassment and Chancellor (President) John B. Slaughter's Statement on Sexual Relationships and Professional Conduct. This Manual is designed to inform, educate, and aid the entire Campus community in understanding the following: 1) What constitutes sexual harassment; 2) Why sexual harassment is unacceptable, inappropriate, and prohibited behavior; 3) How to prevent sexual harassment; 4) What actions should be taken if sexual harassment occurs, and; 5) How to prevent or minimize personal legal liability in the event of a sexual harassment lawsuit. The contents of this Manual are based on the opinions of the U.S. Supreme Court, federal and state entities, and the President of the University of Maryland at College Park that sexual harassment is a form of discrimination and will not be tolerated on the University of Maryland College Park Campus. The Sexual Harassment Education Resource Manual has been specifically designed to inform Vice Presidents, Deans, Directors and Department Chairs of their legal and professional responsibilities in preventing and resolving incidents of sexual harassment in the classroom and/or workplace environment. Heads of academic and administrative units will find enclosed a list of resource persons and materials to assist in the implementation of workshops, seminars, and lectures on sexual harassment prevention and complaint resolution. The Manual also includes a Sexual Harassment Preventive Checklist to use as a guideline for implementing an effective, on-going sexual harassment program within each department. In addition, the Manual contains a Questionnaire Survey on Sexual Harassment, and a series of Quick Reference Handouts. DEFINITION: WHAT IS SEXUAL HARASSMENT? Ideally, the University is a place where administrators, faculty, staff, and students can work and learn in an environment free from intimidating, offensive, and hostile behaviors. Sexual harassment vitiates against such an environment. Therefore, each member of the campus community has a significant and on-going interest in eliminating sexual harassment. University campuses have a responsibility to provide their members with the opportunity to develop intellectually, professionally, personally, and socially in a fair and humane environment. Sexual harassment is a complex and controversial problem both in the classroom and the workplace. Sexual harassment maybe overt or subtle. The acts constituting it may range from visual signals or gestures to verbal abuse to physical contact. The definition of sexual harassment may differ slightly among educational institutions. The types of behavior constituting sexual harassment may vary in degree of severity.Its definition always has one key element -- the behavior is uninvited, unwanted, and unwelcome. Sexual harassment in higher education is not a new issue, but has until recently been a hidden silent one. During the last few years, campus personnel from administrators and faculty to staff and students have recognized the problem in terms of its lost productivity, time consumption, and legal implications. In institutions of higher education, both the offender and the offender's supervisor can be held liable for acts of sexual harassment. Listed on the following pages are several examples of definitions for sexual harassment, including the University of Maryland at College Park's (UMCP) definition. 1) Sexual harassment is offensive sexual behavior by persons in authority towards those who can be benefitted or injured in an official capacity. Therefore, it is primarily an issue of abuse of power, not sex. 2) Sexual harassment is a breach of a trusting relationship that should be a sex-neutral and relaxed situation.It is unprofessional conduct and undermines the integrity of the employment relationship. 3) Sexual harassment is coercive behavior, whether implied or actual. It is unwanted attention and intimacy in a nonreciprocal relationship. 4) Sexual harassment is an illegal form of sex discrimination. It is a violation of Title VII of the Civil Rights Act of 1964, as amended, the federal law prohibiting employment discrimination. Sexual harassment of a student is a violation of Title IX of the Education Amendments of 1972. Title IX prohibits discrimination based on sex in educational institutions receiving federal financial assistance. 5) Sexual harassment is a violation of professional ethics. 6) The University of Maryland at College Park defines sexual harassment as: (1) "unwanted sexual advances; (2) unwelcome requests for sexual favors; and (3) other behavior of asexual nature where: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or participation in a University-sponsored educational program or activity; or B. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment. *** "Sexual Harassment Between Persons Of The Opposite Sex Or Same Sex Is Not Only Prohibited By The University Of Maryland At College Park's Policy; But, Is a Violation Of Federal Law And May Violate The Civil And Criminal Laws Of The State Of Maryland. SEXUAL HARASSMENT: TYPES AND EXAMPLES Sexual harassment ranges from visual signals, gestures, or messages to verbal abuse and/or physical contact. Sexual harassment may be either subtle or blatant demands for sexual favors. All acts that constitute sexual harassment, however, can be distinguished from voluntary sexual relationships by the presence of coercion, threats, or continuous unwanted attention. Sexual harassment includes, but is not limited to, menacing behavior, sexual extortion, solicitation of sexual favors, and unwanted sexual interactions with students, UMCP employees, or persons with whom a close supervisory relationship exists. Sexual harassment can involve any member of the UMCP community including faculty, staff, teaching assistants, student employees,and students. In addition, an incident of sexual harassment may occur between a member of the UMCP Campus community and a visitor, patron, client, or a contractor working for UMCP. The "reasonable person" standard determines whether a particular behavior constitutes sexual harassment prohibited by the UMCP policy. The following pages of this section give examples of verbal and non-verbal behaviors of a sexual nature that may violate the Campus' policy on sexual harassment. VERBAL BEHAVIOR Listed below are examples of unacceptable verbal behaviors that may be in violation of the Campus' policy on sexual harassment. The behaviors listed below do not necessarily have to be specifically directed at an individual to constitute sexual harassment. Verbal Behavior * continuous idle chatter of a sexual nature and graphic sexual descriptions; * sexual slurs, sexual innuendos, and other comments about a person's clothing, body, and/or sexual activities; * offensive and persistent "risque" jokes or "jesting"and "kidding" about sex or gender-specific traits; * sexual teasing; * suggestive or insulting sounds such as whistling, wolf-calls, or kissing sounds; * sexually provocative compliments about a person's clothes or the way their clothes fit; * comments of a sexual nature about weight, body shape, size, or figure; * comments or questions about the sensuality of a person, or his/her spouse or significant other; * pseudo-medical advice such as "you might be feeling bad because you didn't get enough" or "A little Tender Loving Care (TLC) will cure your ailments"; * telephone calls of a sexual nature, by an employee or student matriculating at College Park, to an employee's or student's residence. It could be sexual harassment whether or not the calls pertain to business or academic matters. * "staged whispers" or mimicking of a sexual nature about the way a person walks, talks, sits, etc., * implied or overt threats if sexual attention is not given such as a blatant threat of giving a poor efficiency report,work evaluation, or grade if sexual favors are not forthcoming; * distribution of written or graphic materials that are derogatory are of a sexual nature; * repeated unsolicited propositions for dates and/or sexual intercourse. PHYSICAL BEHAVIOR Unwanted physical contact can range from offensive conduct to criminal behavior. One employee or student may feel that the physical contact is sexual harassment, while another may dismiss it as an annoyance. The examples of behaviors listed below involve actual physical contact with the recipient. (Some of these behaviors are explicitly sexual in nature; some may be accidental.) In any event, this unwanted physical contact should cease immediately when requested by the receiver or one seeking to mediate a resolution. Any actual, or perceived, criminal conduct should be reported to the Campus Police, 405-5726. * touching that is inappropriate in the workplace or classroom such as: patting, pinching, stroking, or brushing up against the body; * cornering or mauling; * invading another's "personal space"; * attempted or actual kissing or fondling; * physical assaults; * coerced sexual intercourse; * attempted rape or rape. GESTURES AND OTHER NON-VERBAL BEHAVIOR Gestures are movements of the body, head, arms, hands and fingers, face and eyes that are expressive of an idea, opinion,or emotion. Non-verbal behaviors are actions intended for an effect or as a demonstration. Gestures and non-verbal behaviors generally do not involve physical contact. Some gestures are intended only to get the attention of the recipient, while others are intended to provoke a reaction from the receiver. Listed below are examples of unacceptable gestures and non-verbal behaviors that may be in violation of Campus policy on sexual harassment: * sexual looks such as leering and ogling with suggestive overtones; * licking lips or teeth; * holding or eating food provocatively; * lewd gestures, such as hand or sign language to denote sexual activity; * persistent and unwelcome flirting. SEXUAL HARASSMENT: A FORM OF SEX DISCRIMINATION Sexual harassment is a form of sex discrimination. Presented below are some frequently asked questions and answers about sex discrimination, especially as it relates to sexual harassment. 1) What is Sex Discrimination? Sex discrimination can be defined as an act of preferential treatment and failure to provide equal opportunity to both genders. Title IX of the Education Amendments of 1972 prohibits discrimination based on sex. Title IX states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance." Sex discrimination includes a broad range of behaviors, including sexual harassment. 2) Types of Sex Discrimination An individual may engage in sex discrimination when: a) S/He sexually harasses an individual; b) S/He gives rewards, punishments, assignments, promotions, merit increases, etc., on the basis of the recipient's sex and not the person's performance and merit; c) S/He engages in gender-biased communications about women or men; d) S/He treats others unequally on the basis of gender in work-related or academic duties or programs; e) S/He does not provide female students with the same academic opportunities as male students or vice versa; f) S/He engages in sexist language, risque jokes, or gestures with sexual overtones, in the workplace or classroom environment without a defensible work or educational purpose; g) S/He utilizes course materials that ignore or depreciate a group based on their gender; and/or h) S/He is in the position of an adviser and does not take an employee's or student's career and educational aspirations seriously because S/he believes the goals to be inappropriate to the employee's or student's gender. 3) WHAT CAN BE DONE ABOUT SEX DISCRIMINATION? Persons believing that they are subjected to sex discrimination may file a formal or informal complaint based on the classification of the complaint. For immediate advice or assistance in responding to a complaint, contact the following persons on campus: * YOUR SUPERVISOR, CHAIR, DIRECTOR, OR DEAN; * THE STAFF OF THE PRESIDENT'S LEGAL OFFICE (405-4946); * THE CAMPUS COMPLIANCE OFFICER IN THE OFFICE OF HUMAN RELATIONS PROGRAMS (405-2838); * THE EQUITY ADMINISTRATOR IN YOUR COLLEGE/UNIT; * THE EMPLOYEE SPECIALIST IN THE OFFICE OF PERSONNEL(405-5651/52/53) SEXUAL POLLUTION: THE POTENTIAL FOR SEXUAL HARASSMENT There are some acts perceived by the recipient to have a "sexual nature" that are offensive and annoying, but may not be sexual harassment. These offensive behaviors in the workplace or classroom pollute the working or learning environment. Therefore, these acts have been labeled sexual pollution. Sexual pollution has the potential of becoming a sexually harassing act. It is an offensive act and should be considered improper if not job related. Examples of sexual pollution are: * continuous "pet" name calling, such as "baby," "sweetie, "or " honey"; * referring to an individual as a "hunk," "fox," or "broad"; * referring to men in general as "dogs," "swine," or to women as "bitches," "wenches, " or "chicks"; * remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters (such as a nude magazine centerfold) in the office or classroom(unless job related or displayed for educational purposes); * sexually oriented practices or behaviors that: (1) an employee or student finds objectionable or offensive, (2) undermine an employee's or student's job performance or, (3) cause discomfort, embarrassment, and humiliation on the job or in the classroom; * explicit graphic displays, cartoons of naked bodies or pictures of simulated sexual acts (unless job related or displayed for educational purposes); * continuous gift giving with the intention of getting sexual favors inreturn. Supervisors are expected to discourage these offensive behaviors. Employers and employess are expected to observe professional conduct at all times. *** A Single Act of Sexual Pollution By Itself May Not Constitute Sexual Harassment. However, Continuous Acts With The Appearance Of a Sexual Nature May Violate The UMCP's Policy on Sexual Harassment. The "REASONABLE PERSON" Standard Will Be Used To Determine Whether a particular Behavior Constitutes Sexual Harassment Prohibited By The UMCP Policy. Violators Of The Campus Policy On Sexual Harassment Are Subject To Univerisity Discplinary Action And/Or Criminal And Civil Liability. CONSENTING RELATIONSHIPS DISTINGUISHED FROM SEXUAL HARASSMENT Federal and state laws prohibiting sexual harassment, Title VII Sexual Harassment Guidelines, and the UMCP Campus Sexual Harassment Policy all address the issue of unwelcome sexual conduct and must be clearly distinguished from purely personal, social, and consenting relationships. The intent of the UMCP Sexual Harassment Policy is to prevent sexual harassment and not to prohibit personal and social relationships among supervisors, co-workers, faculty, and students. However, consenting, or those which appear consenting, sexual relationships between supervisory and subordinate personnel, and any other relationship with a definite power differential is of concern to the University of Maryland. All should be informed of the substantial risks in an "apparently" consenting relationship where a power differential exists. Charges of sexual harassment, favoritism, bias or sex discrimination may be raised, even if both parties had initially consented to the relationship. **** See the Chancellor's Statement on Sexual Relationships and Professional Conduct in the UMCP Policies and Procedures on Sexual Harassment. PREVENTION: WHAT IS YOUR ROLE AND RESPONSIBILITY EMPLOYER'S AND SUPERVISOR'S ROLE IN THE PREVENTION OF SEXUAL HARASSMENT The most effective weapon against sexual harassment is prevention. Preventive actions generally minimize the volume of sexual harassment complaints and are much less time consuming than grievance actions. Therefore, supervisors and managers should: 1) BE RESPONSIBLE FOR COMMUNICATION THE UMCP SEXUAL HARASSMENT POLICY TO ALL THEIR EMPLOYESS. Every employee, academic or administrative, should receive a copy of the Policy. The Policy can be disseminated through the following methods: included in department or unit policy manual; posted on bulletin boards; disseminated through office memorandum; or discussion in workshops, training sessions, and staff meetings. The damaging effects of sexual harassment not only affect the recipient and his/her co-workers negatively, but decrease office morale and work productivity. Harassment inhibits classroom participation, motivation, and the learning potential of persons who are subjected to it. Sexual harassment in the workplace or classroom creates tension, turmoil, and legal complications. It is important for supervisory employers to make all of their employees aware of and sensitive to the problems of sexual harassment. Supervisors should indicate to all employees the serious effects of sexual harassment. It jeopardizes an employee's income and career prospects, a student's academic productivity, and his/her future career prospects. Employers should create an atmosphere of comfort for recipients of sexual harassment to request assistance in the resolution of complaints. 2) BE RESPONSIBLE FOR PROVIDING TRAINING IN THE PREVENTION OF SEXUAL HARASSMENT IN THE WORKPLACE OR CLASSROOM The negative, significant, and far-reaching effect of sexual harassment requires all unit heads to conduct prevention awareness and education programs for managers, supervisors, and non-supervisory employees. The training formats most highly recommended are workshops, lectures, and seminars. Training components include visual presentations (films, slides, or video-tapes), hypothetical case studies, role playing, and question and answer sessions. Sexual harassment issues and training programs should be incorporated into new employee orientation training programs, staff development programs, staff retreats, and training programs. The Office of Human Relations Programs recommends the use of the Resource Persons' section. (See Appendix of this Manual). This Manual contains a list of off-campus qualified persons to conduct training and educational programs on sexual harassment. In addition, The Office of Human Relations Programs, 1107 Hornbake Library, 405-2845/38, provides on-campus facilitators to conduct sexual harassment training for supervisors, faculty,staff, students, and student groups. The list of facilitators will enable supervisors to implement sexual harassment programs in a timely manner. SUPERVISOR'S RESPONSIBILITIES Supervisors must assume an active role in the prevention of sexual harassment. This can occur by making a commitment to: 1. UNDERSTAND. * Obtain and become familiar with the UMCP Policy and Procedure on Sexual Harassment; * Obtain a copy of the UMCP Sexual Harassment Brochure for employee use; * Know the three main components of the EEOC Guidelines on sexual harassment. (See EEOC Guidelines in the Glossary); * Examine your feelings, attitudes, opinions about sexual harassment; * See that your behavior corresponds with the expectations and behavioral requirements of the UMCP Sexual Harassment Policy. 2. OBSERVE. * Be aware and conscious of potential sexual harassment behaviors or incidents at work or in the classroom; * Pay close attention to the way your employees or students interact; * Be sensitive to individuals who may be offended by the verbal and non-verbal behaviors of others; * Watch for subtle forms of sexual harassment. 3. MODEL. * Exhibit the type of behavior you expect of your employees and students. 4. RESOLVE. * Inform your employees that you will take immediate and appropriate actions if an incident of sexual harassment is brought to your attention; * Consult immediately the President's Legal Staff, as required by the UMCP Sexual Harassment Policy, when a complainant is bought to your attention. You may also consult with the Office of Human Relations Programs or your Equity Administrator. * Emphasize to your employees and students that you have an open-door policy and that anyone who has been harassed or thinks harassment is occurring, can seek your confidential advice. 5. TRAIN. * Conduct sexual harassment awareness and prevention training programs; * Discuss the issues of sexual harassment in staff meetings; * Post the UMCP Sexual Harassment Policy and Procedures in a conspicuous place; * Initiate formal and informal discussions about sexual harassment. THE ROLE OF EMPLOYEES, AND STUDENTS IN REDUCING AND PREVENTING SEXUAL HARASSMENT In order for the Campus' Sexual Harassment Prevention Program to work effectively, all members of the Campus community must exercise their rights and responsibilities to maintain a work and classroom environment free from sexual harassment. Therefore, all UMCP personnel and students must: 1) combat sexual harassment when it occurs; 2) respond effectively and swiftly when it does occur; and 3) participate in sexual harassment awareness and prevention training programs designed to prevent incidents of sexual harassment from occurring. Listed below are students' and workers' responsibilities that are applicable to all members of the campus community. It is possible that you may be either the victim or the victimizer. If the following checklist is adhered to, all members of the campus community have a share and a commitment to eliminating sexual harassment on the University of Maryland Campus. RESPONSIBILITY OF EMPLOYEES AND STUDENT WORKERS Employees and student workers must also assume an active role in the prevention of sexual harassment. This will occur when there is a commitment to: 1. UNDERSTAND * Obtain from the Office of Human Relations Programs, and become familiar with the UMCP Policy and Procedures on Sexual Harassment; * Obtain from the Office of Human Relations Programs, a copy of the UMCP Sexual Harassment Brochure; * Be familiar with the three main components of the EEOC Guidelines on sexual harassment. (See EEOC Guidelines in the Glossary); * Examine one's feelings, attitudes, and behaviors in relation to sexual harassment; * See that behavior corresponds with the expectations and behavioral requirements of the UMCP Sexual Harassment Policy. 2. OBSERVE. * Be aware and conscious of engaging in potential sexual-harassment behaviors or incidents at work, in the classroom, in the residence halls, at sporting events,etc.; * Be sensitive to individuals who may be offended by the verbal and nonverbal behaviors of others. * Be aware of subtle forms of sexual harassment; * Watch for and discourage sexual behaviors that negatively affect work and classroom participation. 3. EXAMINE. * Pay attention to the response of others in order to avoid unintentional offense; * Do not assume that employees, co-workers, or students enjoy or want to hear "risque" jokes or sexually oriented comments about their appearance, or be touched, stared at, flirted with, or propositioned for dates or sexual favors; * Ask yourself if your verbal or nonverbal behaviors might have a negative impact on other co-workers' or co-students' attitudes toward work or class. * Examine your behaviors, gestures, and comments. Ask yourself, "Could I unknowingly be encouraging sexual interplay by the way I interact or communicate?" * Do not take sexual harassment lightly. If you think you are being sexually harassed by an individual or a group,do not accept it as a joke. Do not encourage the harasser by smiling, laughing at his/her jokes, or flirting back. Let the harasser know that you do not enjoy and do not want this type of attention. 4. CONFRONT. * If possible, confront the sexual harasser immediately. Tell him/her that you find that type of attention offensive; * If possible, tell the harasser that the behavior affects you negatively and has the potential of negatively affecting your job and/or classroom performance; * If possible, tell the harasser what behaviors (gestures, physical or verbal) behaviors you find offensive. 5. RESOLVE. * Seek confidential advice to develop your personal resolution strategy; * If the offensive behavior continues, it may be necessary to resolve the incident through the UMCP Grievance Procedures; * Consult (an absolute requirement) the President's Legal Staff (405-4946), you may consult the Office of Human Relations Programs, (405-2845/38) or your Equity Administrator; * Consider writing a letter to the harasser and keep a copy for yourself; * If you receive a letter accusing you of sexual harassment, immediately consult the President's Legal Staff and the Office of Human Relations Programs; * Document all incidents of sexual harassment. Be de-tailed, precise about date, time, location, and person/persons involved. 6. SUPPORT. * If you know someone who is harassing others, tell him or her: 1) about the negative effects of harassment on the recipient and to others who witness and are subjected to the behavior; 2) that this behavior is offensive and unacceptable; 3) that the conduct is unprofessional and unethical; and 4) that the behavior could be a violation of the UMCP Sexual Harassment Policy, federal law, and the civil and criminal laws of the State of Maryland. * If you know someone who is being harassed, give him or her your support. Encourage the recipient to talk about it and to take immediate action to stop it. * If you actually see or hear an incident of sexual harassment or are subjected to an offensive environment, you can also take the appropriate steps to resolve the harassment or co-file with the complainant. * When a recipient files a complaint, if possible, support him or her throughout the complaint process. UMCP SEXUAL HARASSMENT MANUAL HANDOUT #6 SEXUAL HARASSMENT PREVENTIVE CHECKLIST AND GUIDELINES FOR DEPARTMENT HEADS MANAGERS AND SUPERVISORS The most effective way to avoid sexual harassment complaints is to develop and maintain an effective prevention program. Guidelines to develop and implement such a program are as follows: (Check the methods that you have taken) _____ Serve as a role model for the employees you supervise by creating a workplace or classroom atmosphere free of sexual harassment. _____ Distribute and explain the new UMCP Sexual Harassment Policy to all assistant and mid-level managers and supervisors. _____ Prepare and distribute an office memorandum supporting the Sexual Harassment Policy to all employees (faculty, staff, student employees, and contractual employees). _____ Publish office memorandum in support of the Policy in faculty bulletins or newsletters. _____ Develop and implement training programs to educate supervisory and non-supervisory staff on issues regarding sexual harassment definitions, rights, responsibilities, prevention strategies, and formal and informal resolution procedures. _____ Effectively communicate the liabilities and consequences of violations of the UMCP Sexual Harassment Policy. _____ Determine whether there is a sexual harassment problem in your department. You may want to distribute the Sexual Harassment Questionnaire (following this page) to your employees. Discuss its results in a staff meeting. Another copy of the Questionnaire is provided in the quick Reference Handout Section. SEXUAL HARASSMENT QUESTIONNAIRE: (The use of this Questionnaire is optional) 1. Please do not write any names on this form. 2. Continue on the back of this form if additional space is needed to answer a question. A. Definition of Sexual Harassment 1. Sexual harassment in the classroom or workplace may include, but is not limited to, the following: a. Sexual relations, sexual contact, or the threat of, or coercion for the purpose of sexual relations or sexual contact, which is not freely and mutually agreeable to both parties (i.e., unwanted sexual attention); b. Continual or repeated verbal abuse of a sexual nature including, but not limited to, graphic commentaries about the recipient's body, sexually suggestive objects or pictures in the workplace or classroom without a job related or educational purpose, sexually degrading words or terms used to describe the recipient or members of the recipient's gender, or propositions of a sexual nature; c. The threat or insinuation that lack of sexual submission will adversely affect the recipient's employment, wages, advancement, assigned duties, academic or professional career prospects; or d. Gestures and nonverbal behaviors intended to get the attention of or some reaction or response from the recipient by making movements of the body, head, arms, hands and fingers, or face and eyes to express a sexual intent or emotion. Gestures and nonverbal behaviors generally do not involve physical contact and may not involve reciprocation by the receiver. B. Questions {Answer Y or N...} 1. Have you been subjected to sexual harassment while working for this unit? (If "No," skip to Question #9.) Y N 2. If so, what did you encounter? (Check as appropriate). Physical contact you did not want. Y N Cornering or invading your "personal space." Y N Continued or repeated idle chatter of a sexual nature and graphic comments about sex. Y N Offensive and persistent "risque" jokes or sexual teasing. Y N Comments made or questions asked about the sensuality of your spouse, friend or your own sexual orientation. Y N Pseudo-medical advice given to you such as "You must be feeling bad because you didn't get enough (sex)" or "A Little Tender Loving Care (TLC) will cure your ailments." Y N Provocative looks such as leering or ogling. Y N Lewd gestures (holding or eating fruit provocatively) or suggestive noises or sounds (wolf calls, kissing sounds, or lip smacking). Y N Annoying or degrading comments about your body, weight, or size. Y N Annoying or degrading remarks about sex. Y N Pressure to engage in sexual activity, but without job-related threats. Y N Threats or suggestions that your job or grades, working conditions, etc., depend on your submission to sexual demands. Y N If you have experienced sexual harassment on the job or in the classroom in a form that was not listed, please use the space below to explain. (Continue on the back if necessary). _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 3. Who harassed you? (Do not write names) Student _____ Co-worker _____ Supervisor _____ Client _____ Other: (Specify) _____ 4. What action did you take to end the harassment? (If you did not take any actions to end the harassment, skip to Question #6) No Action _____ Filed a formal complaint/grievance _____ Filed an informal complaint/grievance _____ Resolved the problem on your own _____ Resolved the problem within the Unit _____ Other measures: (Specify) _____ 5. Did the harassment stop when you initiated action to end it? What was the outcome? Y N (Continue on back if necessary) _________________________________________________________________ _________________________________________________________________ 6. If you did not take any action to end the harassment, please indicate why? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 7. Would you have filed a complainant if you had been aware of a procedure for you to do so? Y N 8. Were you penalized in any way for objecting or complaining? If so, how? Y N _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 9. Do you know of anyone who works in this unit who has been harassed and was afraid to object or complain? Y N 10. Do you think that sexual harassment is a problem in this unit? What suggestions do you have for creating a sexual harassment-free work place? Y N _________________________________________________________________ _________________________________________________________________ 11. Has harassment, or your fear of it, distracted you from your work or reduced your efficiency? Y N How? (Specify and continue on back if necessary.) _________________________________________________________________ _________________________________________________________________ 12. (Optional) Are you male or female? M F 13. Please make any additional comments on any aspect of this subject. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Adapted from a model questionnaire prepared by the Vermont Advisory Committee to the U.S. Commission on Civil Rights, September 1982. CRUCIAL ISSUES TO ADDRESS IN SEXUAL HARASSMENT WORKSHOPS, STAFF MEETINGS, AND DISCUSSION The issues below are listed to provide unit heads, faculty and staff guidance in developing effective sexual harassment prevention programs. These issues include, but are not limited to, the following: 1. What is sexual harassment? * Sexual harassment is an unwanted sexual advance or an unwelcome request for sexual favors, and other coercive behavior of a sexual nature. 2. What behaviors may constitute sexual harassment? * Lewd remarks, whistles, or personal references to someone's anatomy; * Unwanted physical contact (patting, pinching, brushing against a person's body); * Subtle or overt pressure for sexual favors; * Gestures and nonverbal behavior with sexual overtones 3. Where does sexual harassment occur and to whom? * Sexual harassment has no boundaries. Sexual harassment can occur in any workplace or classroom environment. Any worker, student, patron or client regardless of race, gender, age, and/or economical or educational status could be sexually harassed. Sexual harassment occurs between individuals of the same sex as well as individuals of the opposite sex. Men are victims of sexual harassment and their harassers may be male and/or female. 4. Who should attend sexual harassment prevention programs? * Sexual harassment prevention programs are for everyone. Education and awareness are the best tools for eliminating sexual harassment in the work or classroom environment. All administrators, faculty, staff, students, student groups, and organizations should be encouraged to participate. 5. What actions or remedies should be taken by the complainant if sexual harassment occurs? * Individuals who feel harassed should tell the harasser to stop, keep records of the incidents, and seek the advice of their supervisor, chair, director, or dean, the staff of the President's Legal Office, the Campus Compliance Officer in the Office of Human Relations Programs, or the Equity Administrator in their College/Unit. Sexual harassment complainants may file an informal or formal complaint. *** Before An Informal Resolution Procedure Or Formal Grievance Procedure Is Initiated, The Complainant Must File a Complaint. The University of Maryland Is Committed To Upholding And Protecting The Rights Of The Complainant, And Of The Accused. The Complainant, However, May Obtain Advice Without Disclosing The Name Of The Accused. 6. What actions should be taken by the accused sexual harasser? Individuals who have been accused of sexual harassment should immediately contact any of the following persons for assistance and advice: A supervisor, chair, director, or dean; the staff of the President's Legal Office (an absolute requirement!); The Campus Compliance Officer in the Office of Human Relations Programs; The Employee Specialist in the Office of Personnel; The Equity Administrator in your College/Unit; and/or the Director of the Office of Judicial Programs. 7. Who should report incidents of sexual harassment? * Individuals who receive informal or formal complaints of sexual harassment should immediately notify the staff of the President's Legal Office. 8. What are the grievance procedures for informal and formal complaints of sexual harassment? * Individuals filing informal complaints may report the incident to any UMCP Official or faculty member. * Individuals receiving the complaint should immediately contact the President's Legal Staff or the Office of Human Relations Programs for assistance in informal resolution. * Formal grievance procedures for resolving complaints are based on complainant's classification as follows: Faculty members may file with the Dean of their academic unit; Associate & classified staff may file with the Employee Specialist of the Office of Personnel, under the appropriate grievance document; Students may file with the Office of Judicial Programs; Student employees may file with their immediate supervisor the Vice President for Student Affairs; FacultY, staff, and students may file with an Equity Administrator or with the Campus Compliance Officer in the Office of Human Relations Programs. 9. Who can be held liable and what are the penalties for violating the UMCP Sexual Harassment Policy? * The unit head and supervisors may be held liable for the acts of their agents in the workplace or classroom if the prohibited conduct was known or should have been known and was not effectively addressed. * The legal and personal consequences of accused sexual harassers range from minimal to severe. When sufficient evidence of sexual harassment exists, sanctions or other University disciplinary action will be undertaken against any individual. Possible sanctions include verbal or written reprimand, negative evaluation, denial of promotion, poor recommendations, suspension, demotion, forced resignation, termination. 10. Who is covered by the UMCP Sexual Harassment Policy? The UMCP Sexual Harassment Policy and Procedures embrace members of the Campus Community, and persons who have contracts with UMCP. 11. What are the effects of sexual harassment on the complainant? The effects of sexual harassment are: loss of self-confidence, self-esteem, physical symptoms of stress, diminished word productivity, and low morale. 12. What are the myths associated with sexual harassment? The myths are: * The complainant wanted the attention or enjoyed it; * The complainant's physical appearance or clothing enticed the harasser; * The complainant probably falsified the incident report of sexual harassment; * The complainants and the accused sexual harassers can be easily identified or stereotyped; * All men are harassers; * Women are the only victims or sexual harassment and women do not sexually harass. (Approximately 10% of reported cases are filed against women and 90% against men); * Sexual harassment is only teasing and an innocent flirtation sport; * Sexual harassment is rare on college campuses; * If the complainant had only said "No," the harassment would have stopped. 13. The facts of sexual harassment * Sexual harassment is humiliating and degrading; * It undermines an employee's or student's performance; * It may threaten the complainant's career or academic future or economic livelihood; * It causes emotional and/or physical problems; * Sexual harassment on college campuses is not a new or rare event. Fear of ridicule has kept many persons from reporting it. * Most charges of sexual harassment are true. A complainant would have little to gain from making false changes. Furthermore, employees and students who have been determined to have falsely accused others of sexual harassment will be disciplined. * Individuals who sexually harass others may not immediately stop the harassment if the complainant says "NO." A "NO" may be perceived by the harasser to be a "YES" or a "MAYBE." * A woman as well as a man may be the harasser. (Anyone could find him/herself in the position of the accused or complainant); 14. What are the legal protections against sexual harassment? Title VII of the Civil Rights Act and Title IX of the Education Amendment prohibit sexual harassment and provide legal remedies for complaint resolution. (See Appendix).The UMCP Policy on Sexual Harassment is in agreement with these federal laws. RESOLUTIONS: WHAT ACTIONS TO TAKE? SEXUAL HARASSMENT: A PROBLEM COMPOUNDED BY PERCEPTION Employers who have taken all the necessary steps to prevent sexual harassment from occurring in the workplace may still have a problem in combating sexual harassment. An individual's perception of what sexual harassment is or is not adds to the complexity of the sexual harassment problem. Well-intended gestures, such as, a pat on the shoulder, touching, "lewd" remarks, jesting comments of a sexual nature, or physical contact may be interpreted as acts of sexual harassment by one recipient, while another may dismiss them as annoying. Likewise, some individuals may perceive leering or ogling as sexual harassment. Others may perceive the same behaviors as merely looking or staring. In any event, any type of unwanted physical or verbal contact can be offensive to an individual. Often persons accused of sexual harassment may not realize that they have committed acts of harassment. Accused harassers may not have intended to commit an act of sexual harassment and may believe that their conduct is appropriate, acceptable, and appreciated. Employers, therefore, are responsible for educating their employees about the behaviors that constitute sexual harassment or could be easily misinterpreted as sexual harassment. In determining whether an act constitutes sexual harassment prohibited by the UMCP Policy, the "Reasonable Person" standard will be used. (Refer to the definition of "Reasonable Person" in the Glossary.) SEXUAL HARASSMENT: GRIEVANCE RESOLUTION CHECKLIST FOR MANAGERS AND SUPERVISORS Supervisors and managers are responsible for: * Being familiar with the new UMCP Sexual Harassment Policy and Procedures. * Knowing the administrative channels available to process a complaint of sexual harassment. See: "Where to go for help" on the back panel of the UMCP Sexual Harassment Brochure). * Providing the complainant and accused employee or student the opportunity to discuss the incident informally and confidentially. Supervisors and managers who receive complaints or inquiries about sexual harassment MUST notify the President's Legal Staff Office immediately and do the following: 1) Listen carefully to the complainant. Take all complaints seriously and offer the complainant emotional support and guidance, without any conclusionary comments on the validity or merits of the complaint. Ask the complainant to describe in non-evaluative terms (facts only) a specific incident or incidents of sexual harassment. Listen carefully to the complainant. Complainants of sexual harassment often feel "powerless," worry about retaliation, and are afraid of being branded or labeled a "trouble maker" or "whistle blower." Complainants also may feel that they will not be believed or will be blamed by others for the incident. Therefore, it is very important for members of the campus community to whom the complainant is reported, to offer genuine support and timely assistance. 2) Advise The Complainant Of The Following: A. To consider telling the harasser to stop. Inquire if the complainant has told the harasser to stop. The complainant may not have told the harasser to stop for a variety of reasons. Ask the complainant if s/he feels comfortable asking the harasser to stop, or would prefer third-party intervention from you. The complainant may choose to accept the self-help approach. If so, advise him/her to approach the harasser and say "I want (whatever the sexually harassing behavior is) to stop immediately" in a firm and assertive manner. This approach gives the complainant an active role in the resolution process and a sense of "empowerment." Telling the harasser to stop will often deter the harasser from subsequent and more progressive acts of sexual harassment. B. To consider writing a letter. The complainant may not want to directly confront the harasser and request an end to the harassing behavior. Instead, the complainant could write the harasser a letter and request an end to the behavior. The letter could also reinforce any verbal request(s). The letter and the contents of the letter should be kept CONFIDENTIAL. The letter should contain the following: 2)B.i. a description of the incident and the type of behavior without any evaluation. It should contain details about location, date, and time of the incident. This part should be low-key and should address only the facts. ii. a description of the incident's mental and physical effect on the complainant. The complainant should convey opinions, thoughts, and feelings, and should share the effect of the harassing behavior. For example, "It embarrassed me," "made my stomach turn to knots," or "I can't concentrate on my work or studies." iii. an indication that the complainant wants the sexual harassment to stop immediately and what is necessary to maintain their relationship. For example, "I want our relationship to be strictly professional and I don't want you ever to touch me again or make gestures or remarks about my sexuality." A copy of the letter should be kept by the complainant in a secured location. The complainant may give the letter to the harasser in person or send it by certified mail. The complainant should also seek guidance from the President's Legal Staff. The Office of Human Relations Programs or the Equity Administrator may be consulted before writing the letter. 2)B. iv. There are many advantages of writing a letter. Generally writing a letter is more powerful than a verbal message telling the harasser to stop. Writing a letter is an important step toward ending the sexual harassment. Other advantages are as follows: * It keeps the incident/s confidential. * It avoids public or one-on-one confrontation. * It gives the alleged harasser a chance to know how his or her behavior is affecting the complainant. * It gives the harasser a chance to change his or her behavior or defend it before informal or formal complaints are filed. * It may minimize or prevent retaliation against the complainant. * It may be used in support of a formal complaint or lawsuit to demonstrate that the complainant initiated action to end the harassment. Writing a letter to the harasser has been a controversial issue because it may trigger questions of legality, confidentiality, admissible evidence,and due process. However, if the letter is kept CONFIDENTIAL and is written in a "polite" yet direct manner, these questions will not arise. Again, it is required that the complainant to be advised to consult with the President's Legal Staff. The Office of Human Relations Programs may also be consulted before writing a letter. 2)C. To keep a record of the incidents of sexual harassment. Ask the complainant if s/he has a record of the incident or incidents of sexual harassment. If not, advise the complainant to record all incidents, dates, times, places, and witnesses who heard or saw the incident. 2)D. To seek information about others who may have been similarly harassed. Ask the complainant if s/he knows of other co-workers or students who have had similar experiences or who have been harassed by the same person(s). Tell the complainant that these persons may be important components in the grievance resolution process if a complaint is filed. The complainant may want to contact the individuals perceived to be targets of sexual harassment before disclosing their names. (Indicate to the complainant that this action should be discrete and kept confidential). 2)E. To save and secure all work related and/or academic documents. Ask the complainant if s/he has received any efficiency reports, progress reports, grades, or other documents demonstrating the quality of his/her work.If yes, tell the complainant to make copies and keep the documents in a secured place. 3) Advise complainants not to: * Ignore the incident -- it will not go away. * Resign a position or drop a class to avoid the problem. * Automatically believe that s/he caused the incident or provoked the harassment. * Believe that the complaint will be taken lightly or trivialized. 4) Determine what actions the complainant wants to take. 5) Contact one of the resource systems before attempting complaint resolution. You may not take any actions to investigate or resolve the matter informally without contacting the President's Legal Staff. You may also contact the Equity Administrator or the Office of Human Relations Programs to develop a strategy for investigation and resolution. 6) Inform the complainant. As soon as possible, inform the complainant what actions you have taken or intend to take in response to the complaint. 7) Seek informal resolution. If possible and appropriate, seek informal resolution. 8) Watch for acts of retaliation. After a complaint is filed, watch for acts of retaliation by the accused against the complainant.Supervisors must take swift and appropriate actions to end the retaliation. In addition, supervisors must keep the incident confidential and ensure that the complaint and the accused are not defamed or ridiculed. *** "Where To Go For Help" On The Back Panel Of The UMCP Sexual Harassment Brochure For Informal And Formal Grievance Procedures.   This Quick Reference Handout Section has been provided to assist you in educating the members of your unit regarding the following: 1) what constitutes sexual harassment, See Handout #1, "What is Sexual Harassment?"; and 2) a list of individuals and offices available to provide support and assistance to all individuals involved in sexual harassment prevention and resolution. See Handout #2, "Where To Go For Sexual Harassment Prevention and Grievance Resolution"; and 3) information specifically tailored to complainants seeking advice or wishing to file a complaint. See Handout #3, "Checklist for Sexual Harassment Complainants"; and 4) information specifically geared to assist individuals accused of sexual harassment. See Handout #4, "Checklist for Accused Sexual Harassers"; and 5) essential points for supervisors and managers to remember when confronted with a complaint. See Handout #5, "Grievance Resolution Checklist for Managers and Supervisors," and; 6) a tool to determine the nature and extent of sexual harassment in your unit. See Handout #6, "Sexual Harassment Questionnaire." Unit heads are strongly encouraged to make copies of the handouts and distribute them to their staff. UMCP SEXUAL HARASSMENT RESOURCE MANUAL Handout #l WHAT IS SEXUAL HARASSMENT? Sexual harassment is behavior that is uninvited, unwanted, and unwelcomed by the recipient. The behaviors include physical contact, verbal abuse, gestures, or written messages. Verbal Behavior * Continuous idle chatter of a sexual nature; * Sexual slurs, innuendos and other comments about a person's clothing, body and/or sexual activities; * Lewd remarks or suggestive sounds such as whistling, wolf calls, or kissing sounds; * Implied or overt threats if sexual attention is not given; * Repeated unsolicitated propositions for dates and/or sexual intercourse. Physical Behavior * Unwanted physical contact such as patting, pinching, stroking, or brushing up against the body; * Attempted or actual kissing or fondling; * Physical assaults; * Coerced sexual intercourse; * Rape. Gestures * Sexual looks such as leering and ogling with suggestive overtones; * Continuous and unwelcome flirting. UMCP SEXUAL HARASSMENT RESOURCE MANUAL Handout #2 WHERE TO GO FOR SEXUAL HARASSMENT PREVENTION AND GRIEVANCE RESOLUTION Informal Complaints Contact the following persons on campus for guidance, information, or informal resolution: - Your supervisor, chair, director, or dean - The staff of the President's Legal Office (405-4946) - The Campus Compliance Officer in the Office of Human Relations Programs (405-2838) - The Equity Administrator in your College/Unit - The Employee Specialist in the Office of Personnel (405-5651/52/53) - The Director of the Office of Judicial Programs (314-8204/05/06) - Any UMCP official or faculty member Formal Complaints Formal grievance procedures for resolving complaints are available based on the classification of the complainant. Complainant's Grievance Classification Document Office Contact Faculty UMCP Faculty Dean of the Handbook Academic Unit Associate Staff Personnel Policies Office of & Rules for Associate Personnel Staff Employees (405-5651/52/53) Classified Staff Handbook of Office of Classified Employees Personnel (405-5651/52/53) Student Code of Student Office of Judicial Conduct Programs (314-8204/05 /06) Student Employee Student Employee Immediate Supervisor Grievance Procedure or Vice President for Student Affairs (314- 8428) Faculty, Staff, UMCP Human Relations Office of Human and Students Relations Programs (405-2838) UNIVERSITY OF MARYLAND AT COLLEGE PARK EQUITY COUNCIL (ADMINISTRATORS), 1988-89 Dr. Amel Anderson - Rm. 1110, Symons Hall Asst. Dean, College of Agricultural and Life Sciences....405-2058 Dr. Marilyn Berman - 1137 Engineering Classroom Bldg. Assoc. Dean, College of Engineering .....................405-3871 Dr. Cordell Black - 3104 Jimenez Hall Acting Asst. Dean for Equity Affairs ....................405-4024 Dr. Gladys Brown - 1107 Hornbake Library Dir., Human Relations Programs ..........................405-2838 Dr. William Cunningham - 4111C Hornbake Library Lecturer, College of Library and Information Sciences . 405-2046 Dr. Marie Davidson - 1119E Main Admin. Bldg. Acting Exec. Asst. to the President, Academic Affairs . 405-5000 Dr. Richard Ellis - 2300 Mathematics Bldg. Asst. Dean, College of Computer, Mathematical & Physical Sciences .....................................405-4906 Ms. Colleen (Coke) Farmer - 2314 PERH Bldg. Asst. Instructor, College of Physical Education, Recreation and Health .................................405-5616 Ms. Sharon Fries - 2108 Mitchell Bldg. Asst. to Vice-President, Student Affairs ................314-8428 Mr. Ray Gillian - 1111 Main Admin. Bldg. Asst. to the President, Office of the President .........405-5795 Ms. Cari Howard - 2101 Turner Laboratory Asst. to Vice-President, Inst'l Advancement .............405-4631 Dr. Diana Jackson - 2141 Tydings Hall Asst. Dean, College of Behavioral and Social Sciences ..............................................405-1679 Dr. Jeanette Kreiser - 3119 Benjamin Bldg. Asst. Dean, College of Education ........................405-2338 Mr. James Newton - 1131L Engineering Classroom Bldg. Asst. Dean, College of Engineering ......................405-3860 Dr. William Powers - 2106 Morrill Hall Assoc. Dean, School of Public Affairs ...................405-6336 Mr. Stephen Sachs - 1205 Architecture Bldg. Assoc. Dean, School of Architecture .....................405-6314 Mr. Gene Johnson - 1105 Symons Hall Acting Dir., Personnel/Human Relations ..................405-1176 Dr. Noel Myricks - 1100 Marie Mount Hall Assoc. Dean, College of Human Ecology ...................405-2359 Dr. Susan Taylor - 2136 Tydings Hall Assoc. Dir., College of Business and Management .........405-2286 Dr. Grieg Stewart - 1117 Journalism Bldg. Asst. Dean, College of Journalism .......................405-2399 Dr. Sylvia Stewart - 1132 Main. Admin. Bldg. Asst. to Vice-President, Administrative Affairs .........405-1106 OFF-CAMPUS RESOURCES The Federal Equal Employment Opportunity Commission 109 Market Place, Suite 4000 Baltimore, MD 21201 (301) 922-5634 The Maryland Commission on Human Relations 20 East Franklin Street Baltimore, MD 21202 (301) 333-1700 Office of Human Relations Programs The Office of Human Relations Programs (OHRP) is responsible for initiating action in compliance with state, and federal directives designed to provide equal education and employment opportunities for College Park students and employees. It also monitors the outcomes of actions taken in this regard and report its findings to the President, the Campus Senate, and the Campus community-at-large. The Office of Human Relations Programs, in liaison with Campus Equity Administrators, processes complaints of discrimination according to the procedures set forth in the UMCP Human Relations Code. The Code prohibits harassment and discrimination on the basis of race, color, creed, sex, marital status, personal appearance, age, national origin, political affiliation, physical or mental handicap, or on the basis of the exercise of rights secured by the First Amendment of the United State Constitution. Copies of the Code are available upon request from the OHRP and from the Equity Administrators listed on the following page. Any member of the UMCP community concerned about sexual harassment or other inequities in educational or employment matters, or wishing to register a complaint, may contact the OHRP in Room 1107 Hornbake Library (405-2838/45). The Office of Human Relations Programs is available to conduct workshops on sexual harassment, other areas of discrimination, and cultural diversity issues. These programs help build skills for living in a multi-racial, multi-cultural, and multi-generational academic community. They cover a broad range of topics, including but not limited to: o problems of interracial and interethnic conflict o improvement of cross-cultural communication o building a multi-cultural community o development of programs for better understanding and communication between groups o reduction of prejudice o personal growth and professional development o conflict resolution o career and lifestyle options for the 80's o the minority experience in higher education. UMCP SEXUAL HARASSMENT RESOURCE MANUAL Handout #3 CHECKLIST FOR SEXUAL HARASSMENT COMPLAINANTS (Check the steps that you have taken and write the date, as appropriate.) ____ Seek advice and report incidents of Sexual Harassment Date ____ Tell the harasser to stop. Date Tell the harasser firmly and assertively that the behavior is unwanted and unwelcome and that you want to keep the relationship professional and harassment free. ____ Write a letter to the harasser. Date Make an initial request, or reinforce your oral demand, for the harassing behavior to stop, with a follow-up letter if the sexually harassing behavior continues. Write a direct three-part letter. Describe the incident, the type of behavior, the date and the location. Describe how the incident made you feel mentally and physically (stressful, depressed, stomach ache, headache, etc.). State firmly that you want the harassment to stop immediately. Give the letter to the harasser in person or send it by certified mail. Keep a copy of the letter. Keep the letter confidential. ____ Keep a record of all incidents of Sexual Harassment. Date Record all incidents, dates, times, places, and witnesses who heard or saw the incident. ____ Save and secure all relevant documents. Date Keep copies of your efficiency reports, progress reports, grades, classroom projects, exams, and other documents demonstrating the quality of your work. If the supervisor is the harasser, or if you are not sure whether you have a valid complaint, contact the Campus Compliance Office of Human Relations (405-2838 and the President's Legal Staff 405-4946) for assistance. You may also contact the Counseling Center (314-7651) for emotional support. Obtain the UMCP Sexual Harassment Brochure for the list of individuals who will discuss and resolve the complaint. UMPC SEXUAL HARASSMENT MANUAL Handout #4 CHECKLIST FOR ACCUSED SEXUAL HARASSERS Persons accused of sexual harassment should do the following: 1. Seek Advice. ____ Before taking action on your own to resolve a complaint, Date contact any of the following persons for assistance and advice to resolve this serious accusation: o Your supervisor, chair, director, or dean; o The staff of the President's Legal Office (405-4946) o The Campus Compliance Officer in the Office of Human Relations Programs (405-2838) o The Director of the Office of Judicial Programs (314-8204/ 05/06 2. Take the complaint seriously. Federal laws, civil and criminal state laws, and recent Supreme Court decisions have encouraged employers to take a stronger stand against sexual harassment. The University of Maryland, its agents, supervising employees, and students shall be held liable for their acts of sexual harassment and are subject to appropriate University disciplinary action and/or personal liability. Therefore, it is crucial that persons accused of sexual harassment seek guidance, information, or assistance from any of the individuals listed above. Also, work closely with the investigator to bring the complaint to resolution. 3. Record all contacts with the complainant. ____ Document all contacts with the complainant, and Date include incidents, dates, times and locations in a journal. You may need to use the journal to assist you in the investigation and resolution process. 4. Work closely with the COMPLAINT INVESTIGATOR to bring the grievance to a quick, equitable resolution. UMCP SEXUAL HARASSMENT MANUAL HANDOUT #5 SEXUAL HARASSMENT: GRIEVANCE RESOLUTION CHECKLIST FOR MANAGERS AND SUPERVISORS Supervisors and managers are responsible for: * Being familiar with the new UMCP Sexual Harassment Policy and Procedures. * Knowing the administrative channels available to process a complaint of sexual harassment. (See: "Where to go for help" on the back panel of the UMCP Sexual Harassment Brochure). * Providing the complainant and accused employee or student the opportunity to discuss the incident informally and confidentially. Supervisors and managers who receive complaints or inquiries about sexual harassment MUST notify the President's Legal Staff Office immediately and do the following: 1) Listen carefully to the complainant. Take all complaints seriously and offer the complainant emotional support and guidance, without any conclusionary comments on the validity or merits of the complaint. Ask the complainant to describe in non-evaluative terms (facts only) a specific incident or incidents of sexual harassment. Listen carefully to the complainant. Complainants of sexual harassment often feel "powerless," worry about retaliation, and are afraid of being branded or labeled a "trouble maker" or "whistle blower." Complainants also may feel that they will not be believed or will be blamed by others for the incident. Therefore, it is verY important for members of the campus community to whom the complainant is reported, to offer genuine supPort and timely assistance. 2) Advise The Complainant Of The Following: A. To consider telling the harasser to stop. Inquire if the complainant has told the harasser to stop. The complainant may not have told the harasser to stop for a variety of reasons. Ask the complainant if s/he feels comfortable asking the harasser to stop, or would prefer third-party intervention from you. The complainant may choose to accept the self-help approach. If so, advise him/her to approach the harasser and say "I want (whatever the sexually harassing behavior is) to stop immediately" in a firm and assertive manner. This approach gives the complainant an active role in the resolution process and a sense of "empowerment." Telling the harasser to stop will often deter the harasser from subsequent and more progressive acts of sexual harassment. B. To consider writing a letter. The complainant may not want to directly confront the harasser and request an end to the harassing behavior. Instead, the complainant could write the harasser a letter and request an end to the behavior. The letter could also reinforce any verbal request(s). The letter and the contents of the letter should be kept CONFIDENTIAL. The letter should contain the following: 2)B.i. a description of the incident and the type of behavior without any evaluation. It should contain details about location, date, and time of the incident. This part should be low-key and should address only the facts. ii. a description of the incident's mental and physical effect on the complainant. The complainant should convey opinions, thoughts, and feelings, and should share the effect of the harassing behavior. For example, "It embarrassed me," "made my stomach turn to knots," or "I can't concentrate on my work or studies." iii. an indication that the comPlainant wants the sexual harassment to stop immediately and what is necessary to maintain their relationship. For example, "I want our relationship to be strictly professional and I don't want you ever to touch me again or make gestures or remarks about my sexuality." A copy of the letter should be kept by the complainant in a secured location. The complainant may give the letter to the harasser in person or send it by certified mail. The complainant should also seek guidance from the President's Legal Staff. The Office of Human Relations Programs or the Equity Administrator may be consulted before writing the letter. iv. There are many advantages of writing a letter. Generally writing a letter is more powerful than a verbal message telling the harasser to stop. Writing a letter is an important step toward ending the sexual harassment. Other advantages are as follows: * It keeps the incident/s confidential. * It avoids public or one-on-one confrontation. * It gives the alleged harasser a chance to know how his or her behavior is affecting the complainant. * It gives the harasser a chance to change his or her behavior or defend it before informal or formal complaints are filed. * It may minimize or prevent retaliation against the complainant. * It may be used in support of a formal complaint or lawsuit to demonstrate that the complainant initiated action to end the harassment. Writing a letter to the harasser has been a controversial issue because it may trigger questions of legality, confidentiality, admissible evidence, and due process. However, if the letter is kept CONFIDENTIAL and is written in a "polite" yet direct manner, these questions will not arise. Again, it is required that the complainant to be advised to consult with the President's Legal Staff. The Office of Human Relations Programs may also be consulted before writing a letter. 2)C. To keep a record of the incidents of sexual harassment. Ask the complainant if s/he has a record of the incident or incidents of sexual harassment. If not, advise the complainant to record all incidents, dates, times, places, and witnesses who heard or saw the incident. 2)D. To seek information about others who may have been similarly harassed. Ask the complainant if s/he knows of other co-workers or students who have had similar experiences or who have been harassed by the same person(s). Tell the complainant that these persons may be important components in the grievance resolution process if a complaint is filed. The complainant may want to contact the individuals perceived to be targets of sexual harassment before disclosing their names. (Indicate to the complainant that this action should be discrete and kept confidential). 2)E. To save and secure all work related and/or academic documents. Ask the complainant if s/he has received any efficiency reports, progress reports, grades, or other documents demonstrating the quality of his/her work. If yes, tell the complainant to make copies and keep the documents in a secured place. 3) Advise complainants not to: * Ignore the incident -- it will not go away. * Resign a position or drop a class to avoid the problem. * Automatically believe that s/he caused the incident or provoked the harassment. * Believe that the complaint will be taken lightly or trivialized. 4) Determine what actions the complainant wants to take. 5) Contact one of the resource systems before attemPting complaint resolution. You may not take any actions to investigate or resolve the matter informally without contacting the President's Legal Staff. You may also contact the Equity Administrator or the Office of Human Relations Programs to develop a strategy for investigation and resolution. 6) Inform the complainant. As soon as possible, inform the complainant what actions you have taken or intend to take in response to the complaint. 7) Seek informal resolution. If possible and appropriate, seek informal resolution. 8) Watch for acts of retaliation. After a complaint is filed, watch for acts of retaliation by the accused against the complainant. Supervisors must take swift and appropriate actions to end the retaliation. In addition, supervisors must keep the incident confidential and ensure that the complaint and the accused are not defamed or ridiculed. ** "Where To Go For Help" On The Back Panel Of The UMCP Sexual Harassment Brochure For Informal And Formal Grievance Procedures. UMCP SEXUAL HARASSMENT MANUAL HANDOUT #6 SEXUAL HARASSMENT PREVENTIVE CHECKLIST AND GUIDELINES FOR DEPARTMENT HEADS MANAGERS AND SUPERVISORS The most effective way to avoid sexual harassment complaints is to develop and maintain an effective prevention program. Guidelines to develop and implement such a program are as follows: (Check the methods that you have taken) _____ Serve as a role model for the employees you supervise by creating a workplace or classroom atmosphere free of sexual harassment. _____ Distribute and explain the new UMCP Sexual Harassment Policy to all assistant and mid-level managers and supervisors. _____ Prepare and distribute an office memorandum supporting the Sexual Harassment Policy to all employees (faculty, staff, student employees, and contractual employees). _____ Publish office memorandum in support of the Policy in faculty bulletins or newsletters. _____ Develop and implement training programs to educate supervisory and non-supervisory staff on issues regarding sexual harassment definitions, rights, responsibilities, prevention strategies, and formal and informal resolution procedures. _____ Effectively communicate the liabilities and consequences of violations of the UMCP Sexual Harassment Policy. _____ Determine whether there is a sexual harassment problem in your department. You may want to distribute the Sexual Harassment Questionnaire to your employees. Discuss its results in a staff meeting. A copy of the Questionnaire is provided in the quick Reference Handout Section. Appendix A RESOURCE PERSONS The Office of Human Relations Programs provides the following list of individuals or organizations who may assist you in coordinating workshops for sexual harassment prevention programs. This list was compiled from those who responded to the Office of Human Relations Programs' Questionnaire. Information on rates should be obtained from the individual or agency. If you wish more information, you may review the completed questionnaires at the Office of Human Relations Programs, Room 1107, Hornbake Library, (301) 405-2838. Inclusion in this list does not constitute endorsement by the UMCP or by the OHRP.Please feel free to contact the Office of Human Relations Programs to assist you in coordinating workshops or lectures on sexual harassment. SEXUAL HARASSMENT RESOURCE SECTION RESOURCE PERSONS: SEXUAL HARASSMENT WORKSHOP FACILITATOR LIST BY ALPHABETICAL ORDER Shereen Bingham, Lecturer (W) 1146 Tawes Fine Arts College Park, MD 20742 (H) 4004F Linkwood Rd. Baltimore, MD 21210 (301) 366-0480 Linda Cooper, Grievance Counselor (W) Clark University 950 Main Street Worcester, MA 01610 (617) 793-7183 (H) 14 Oliver Street Worcester, MA 01603 (617) 752-2495 Margaret Dunkle, Exec. Director of the Equality Center (W) 220 "Eye" Street, N.E., Suite 250 Washington, D.C. 20002 (202) 546-6706 Wendy J. Elliott-Vandivier, Equal Opportunity Specialist (W) U.S. Department of Education P.O. Box 137163535 Market Street (215) 596-6093 Philadelphia, PA 19101 (H) 1255 Grant Avenue Philadelphia, PA 19115 (215) 676-5195 Diana J. Gilpatrick, Esq. 2800 Quebec Street, N.W., #517 Washington, D.C. 20008 (202) 686-5099 Jack Wayne Gravely, Special Asst./ to the President for Affirmative Action NATIONAL PUBLIC RADIO 2025 M Street, N.W., (202) 822-2015 Raymond Hamden, President & Clinical Supervisor (W) Human Relations Institute & Clinics P.O. Box 230 Arlington, VA 22210-0230 (202) 659-5552 Lauren L. Joichin 1811 S Street, N.W., Apt. 407 Washington, D.C. 20009 Joyce S. Kaser (W) The Network Inc. 5010 Wisconsin Avenue Washington, D.C. 20016 (202) 885-8536 (H) 8702 Linton Lane Alexandria, Va. 22308 (703) 360-6326 David A. Lang, Esq. (W) 1760 Euclid Street, N.W., Suite 406 Washington, D.C. 20009 (202) 328-8661 Marjorie Rosenweig, Associate (W) Miranda Associates, Inc. 401 M Street, S.W., Washington, D.C. 20024 (202) 554-5603 (H) 3117 Birchtree Lane Wheaton, Md. 20906 (301) 460-1305 Sandy Stewart (W) Leaders Int'l Inc. P.O. Box 26813 Baltimore, Md. 21212 (H) 900 Beaumont Avenue Baltimore, Md. 21212 (301) 532-6197 Diane Sutton, President of Sutton Enterprises Sutton Enterprises 5702 Colorado Avenue, N.W.,Washington, D.C. 20011 (202) 723-6870 (Hm.& Wk. Phone #'s are the same) Michelle Vinson (W) One Source Inc. P.O. Box 44569 (202) 554-1444 (H) 2304 13th Place, N.E., Washington, D.C. 20028 (202) 832-4331 Francine K. Weiss, Esq. 1300 l9th Street, N.W., Washington, D.C. 20036 (202) 828-1738 Claudia Withers, Dir. of Employment Programs (W) Women's Legal Defense Fund 2000 P Street, N.W., Washington, D.C. (H) 3220 Connecticut Ave., N.W. #104 Washington, D.C. 20008 (202) 244-5489  APPENDIX B Title VII of the Civil Rights Act of 1964. Official Text: Section 1604.11 Sexual Harassment (a) Harassment on the basis of sex is a violation of Sec.703 of Title VII. 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 employment. (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonable interfering with anindividual's work performance or creating an intimidating, hostile, or offensive working environment. (b) In determining whether alleged conduct constitute sexual harassment,the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis. (c) Applying general Title VII principles, an employer,employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The Commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether individual acts in either a supervisory or agency capacity. (d) With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action. (e) An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees. (f) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned. (g) Other related practices: Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or request for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.  APPENDIX C H. Title IX of The Education Amendments of 1972 1. WHAT IS TITLE IX? Title IX of the Education Amendments of 1972, as amended prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance. This prohibition covers all educational programs and services such as: employment, health benefits, housing, athletics, admissions, financial aid, recruitment, student treatment services, counseling, guidance, discipline, classroom assignments, and grading. Programs such as these must operate in a non-discriminatory manner with regards to gender. Sexual Harassment is a form of sex discrimination. (Meritor Savings Bank, FSB vs. Vinson 106 S. Ct. 2399 (1986). Title IX prohibits sex-based discrimination against students. Therefore,educational institutions may be held liable under Title IX when students sexually harass other students or when students are sexually harassed by institutional personnel and the institution does not provide relief. 2. WHAT DOES TITLE IX MANDATE? Title IX explicitly prohibits all forms of sex discrimination. Therefore, an institution could be held liable under Title IX for sex discrimination when: (a) the offender was an employee or agent of the institution; (b) the offender was in a position to affect the academic success of the recipient, such as grades, scholarship, fellowship, grants, job references or job prospects, and/or when the climate for learning was negatively affected; and (c) the institution did not provide prompt remedies or corrective action once it knew or should have known that sex discrimination had occurred. Title IX explicitly prohibits sexual harassment. In August 1981, the U.S. Department of Education reaffirmed its jurisdiction over sexual harassment complaints. Therefore, sexual harassment in educational institutions is against the law and is enforced by the U.S. Department of Education, Office for Civil Rights. Although sexual harassment of students is emphasized as being a violation of Title IX, employees of educational programs and activities which receive federal funds are also protected from sexual harassment under Title IX. 1. Sexual harassment consists of verbal or physical conduct of a sexual nature, imposed on the basis of sex, by an employee or agent of a recipient that denies, limits, provides different, or conditions the provisions of aid, benefits, services or treatment protected under Title IX. 2. It is considered a violation of Title IX for a person to retaliate against someone who complains or opposes an unlawful educational practice or policy or who has made changes, testified or participated in any complaint action under Title IX. 3. Title IX is not the only federal non-discrimination statue that applies to the sexual harassment of students; but, it is the broadest scope and the simplest to invoke. 3. WHO ENFORCES TITLE IX? Title IX sex discrimination and sexual harassment complaints involving college and/or university employees, employers, or students are generally enforced by the Department of Education. Although the Department of Education is the leading law enforcement agency, some Title IX complaints are resolved through private litigation or by other Federal agencies. A sexual harassment or sex discrimination complaint may be filed with the Office for Civil Rights of the Department of Education in Washington, D.C. or with one of the ten regional offices. The University of Maryland falls under Region III. The Office for Civil Rights in Region III is located at Gateway Building, 3535 Market Street, Philadelphia, Pennsylvania 19101, (215) 596-6787. Complaints must be filed within 180 days of the alleged harassment or discrimination. (This deadline may be extended by the Department of Education). The Office for Civil Rights has a responsibility to ensure that educational institutions which receive federal funds comply with Title IX. Title IX, unlike Title VII, requires institutions to maintain grievance procedure escapable of prompt and equitable resolution of sexual harassment and sex discrimination complaints. *** The Office For Civil Rights' Primary Enforcement Role INVOLVES INVESTIGATION AND RESOLUTION OF TITLE IX COMPLAINTS. HOWEVER, THE OFFICE ALSO HAS A COMPLIANCE REVIEW PROGRAM TO DETERMINE WHICH INSTITUTIONS ARE IN COMPLIANCE WITH TITLE IX. 4. HOW ARE TITLE IX CCOMPAINTS RESOLVED? Title IX mandates that all complaints be investigated and resolved in a "prompt" and "equitable" manner. The manner in which a complaint is resolved varies from case to case. For example, in some instances a single individual conducts the investigation, while in others it is conducted by a committee or panel. In some procedures, the Department of Education may attempt to resolve the complaint informally by getting the institution to comply with the grievance procedures in Section 106. 8. of Title IX. The complaint may also be referred to the Attorney General of the United States for formal legal action to be taken. For additional information or complaint procedure contact the U.S. Department of Education, Office for Civil Rights, Washington, D.C. 20202 - (202) 732-3366 or 723-1212.  Appendix D Office of the Chancellor May 11, 1987 MEMORANDUM TO: Vice Chancellors, Deans, Department Chairs and Directors FROM: John B. Slaughter Chancellor SUBJECT: University of Maryland College Park Policies and Procedures on Sexual Harassment and Chancellor's Statement on Sexual Relationships and Professional Conduct The University of Maryland College Park Campus is dedicated to maintaining and fostering a fair, humane, and responsible environment for all of its students, faculty, and staff. Sexual harassment is problem that impedes us from achieving such an environment. I am, therefore, issuing the attached policy and procedures on sexual harassment that supersede the Chancellor's Statement on Sexual Harassment issued on October 24, 1980. The policy and procedures have been reviewed carefully by several representative Campus bodies, by our Legal Office, and by the state Attorney General's Office. The attached polices and procedures embrace all members of the Campus community. The messages that sexual harassments is a form of discrimination and will not be tolerated on our Campus. The procedures to implement the policy are intended to respond to complaints fairly and effectively and to preserve the rights and privileges of the alleged offenders well as the offended. I am advised that the definition of sexual harassment contained in the policy reflects our exiting obligations under law; that is, it recognizes the regulatory definition of the Equal Employment Opportunity Commission and the recent decision of the United states Supreme Court in Meritor Savings Bank v. Vinson. (1986) I am also advised that, after Meritor, it is imperative for the Campus to institute specific policies and procedures on sexual harassment as soon as possible. While the Campus has a legal duty to maintain its workplace and classrooms free from sexual harassment, I want to make it clear that our concerns more than simply meeting the letter of the law. At issue here is fundamental respect for the dignity of every person on the Campus. We want to engage the energy and goodwill of all members of the Campus community to create the kind of environment that enriches the lives of all. Therefore, in conjunction with issuing this new policy, various divisions and offices of the Campus will be offering educational programs on sexual harassment and related issues in the Fall. Through these educational programs, we hope to provide opportunities for all members of the Campus community to understand fully the nature and extent of sexual harassment, the damage it causes, and the appropriate avenues for handling complaints. Finally, it is important to deal with the general issue of sexual relationships in the supervisory context in the discussion of our policy on sexual harassment. Therefore, at this time I am also issuing a statement on Sexual Relationships and Professional Conduct. While sexual relationships in the supervisory context are not prohibited in the sense that penalties attach to such conduct, I urge all member of our campus community to consider the ethical concerns that may rise as result of such relationships. Because it is in the best interests of the Campus to implement the Policy and Procedures on Sexual Harassment as soon as possible, the policy will go into effect on June 15, 1987. If you have concerns about the policy or the procedures, I would appreciate your conveying them to me by June 1, 1987. CAMPUS POLICY AND PROCEDURES ON SEXUAL HARASSMENT I. Policy The University of Maryland, College Park, is committed to maintaining a working and learning environment in which students, faculty, and staff can develop intellectually, professionally, personally, and socially. Such an environment must be free of intimidation, fear, coercion, and reprisal. The Campus prohibits sexual harassment. Sexual harassment may cause others unjustifiable offense, anxiety and injury. Sexual harassment threatens the legitimate expectation of all members of the campus community that academic or employment progress is determined by the publicly stated requirements of job and classroom performance, and that the campus environment will not unreasonably impede work or study. Sexual harassment by University faculty, staff, and students is prohibited. This constitutes Campus policy. Sexual harassment may also constitute violations of the criminal and civil laws of the State of Maryland and the United States. For the purpose of this Campus policy, sexual harassment is defined as: (1) unwelcome sexual advances; or (2) unwelcome requests for sexual favors; and (3) other behavior of a sexual nature where: A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment or participation in a University-sponsored educational program or activity; or B. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual; or C. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance, or of creating an intimidating, hostile, or offensive educational or working environment. In assessing whether a particular act constitutes sexual harassment forbidden under this policy, the standard shall be the perspective of a reasonable person within the College Park Campus community. The rules of common sense and reason shall prevail. Allegations of sexual harassment shall be judged with attention to the facts particular to the case and the context in which the alleged incident(s) occurred. Conduct prohibited under this policy may manifest itself in many different ways. Sexual harassment may, for example, be as undisguised as a direct solicitation of sexual favors, or solicitation accompanied by overt threats. Harassment may also be implied, arising from the relative situation of the parties. In this regard, the following types of acts are more likely-than-not to result in allegations of sexual harassment: unwelcome physical contact, sexual remarks about a person's clothing, body, or sexual relations, conversation of a sexual nature or similar jokes and stories, and the display of sexually explicit materials in the workplace or used in the classroom which are without defensible educational purpose. Sexual harassment may occur within a variety of relationships. It may occur among peers. It may occur where no relation exists between the parties other than being co-employees, or co-students. Especially injurious is harassment in relationships characterized by an inequality of power, where one party has institutional authority over the other. Inherent in these relationships is the power and fear of reprisal. Typically, such relationships are found between employer and employee; senior faculty and junior faculty; graduate teaching assistant and undergraduate; and faculty and student, when the student is enrolled in a faculty member's class or when the student is in a continuing position to require evaluation or work or letters of recommendation from the faculty. Such relationships can be immediate, here and now, or based upon future expectations, e.g., the need for future evaluations and references. Sexual harassment may occur between persons of the same or different genders. Education and awareness are the best tools for the elimination of sexual harassment. The Campus is committed to taking appropriate action against those who violate the provisions of the Policy. The Campus is committed to protecting targets of harassment from retaliation. II. PROCEDURES Individuals who believe themselves subjected to an incident of sexual harassment should be aware that there are many ways to bring it to the attention of the University, and, where proper, obtain redress or protection. There is an informal route. There are also more formal procedures of long-standing which are sufficiently broad to deal with sexual harassment. Preventing sexual harassment is a responsibility of the entire campus community. The Campus has made this a priority, but ultimately, no satisfactory investigation or resolution of a complaint can occur without the initiative and continuous cooperation of the person who feels injured. Similarly, allegations of sexual harassment are extremely serious, with potential for great harm to all persons if ill-conceived or without foundation. Procedures which implement campus policy recognize that potential. The Campus is committed to protecting the rights of the alleged offender as well as the offended. A. Informal Consideration An incident of sexual harassment may be reported to any Campus or University official or faculty member, including an individuals supervisor, department chair or dean, the Director of Personnel (405-5648), a departmental or college equity officer, the Director of the Office of Human Relations (405-2844), and to the President's Legal Office (405-1990). When an individual receives a report of sexual harassment, he or she will notify the Legal Office prior to taking any action to investigate or resolve the matter informally. The Legal Office will normally manage and coordinate all matters relating to complaints. Complainants will be advised of relevant campus policies and procedures, and the informal and formal means of resolving the matter will be explained. While a written complaint is not required to initiate an informal investigation, the Legal Office must receive a signed complaint from the offended person before any sanctions or other action can be undertaken against an individual for sexual harassment. If the matter is to be investigated, consideration shall be given to the situation and wishes of the complainant. The investigation of a complaint will include discussing the matter with the person accused of sexual harassment. The findings of the investigation shall be confidentially reported to the president and to the relevant vice president, dean, chairman or supervisor for any necessary action. Sanctions for sexual harassment may range from reprimand to termination, depending upon the circumstances of the case. B. Formal Complaints Formal grievance procedures for resolving sexual harassment complaints are available based on the classification of the aggrieved person. All faculty members may file with the dean of their academic unit under the Faculty Grievance Procedure contained within the Faculty Handbook of the College Park Campus, University of Maryland. Associate Staff employees may file with the Employee Specialist under the Associate Staff Grievance Procedure contained within the Personnel Policies and Rules for Associate Staff Employees of the University of Maryland, Office of Personnel, 1129 Lee Building, 405-5651. Classified employees may file with the Employee Specialist under the Classified Grievance Procedure contained within the Handbook of Classified Employees, Office of Personnel, 1129 Lee Building, 405-5651. Students may file under the Code of Student Conduct, Office of Judicial Programs, 2108 Mitchell Building, 314-8204. Faculty, associate staff, classified staff, and students may file under the UMCP Human Relations Code with a Campus unit equity administrator or the Campus Compliance Officer, Office of Human Relations Programs, 1107 Hornbake Library, 405-2838. CHANCELLOR'S* STATEMENT ON SEXUAL RELATIONSHIPS AND PROFESSIONAL CONDUCT The basic function of a university is the discovery and transmission of knowledge, activities which are founded upon the free and open exchange of ideas. In order for productive learning and the work that supports it to occur, members of the Campus community--faculty, students and staff personnel--should pursue their responsibilities guided by a strong commitment to principles of mutual trust and confidence and professional codes of conduct. It should be understood by all members of the campus community that sexual relationships that occur in the context of educational or employment supervision and evaluation are generally deemed very unwise because they present serious ethical concerns. Many professional codes of conduct prohibit relationships that occur within the context of ones profession. Accordingly, faculty and supervisors are warned about the possible costs of even an apparently consenting relationship. The element of power implicit in sexual relationships occurring in the supervisory context can diminish a subordinates actual freedom of choice. There is doubt whether any such relationship can be truly consensual. In addition, sexual relationships between a professor or supervisor and a subordinate create an environment charged with potential conflict of interest. Questions of favoritism frequently arise. As a result, such conduct may subvert the normal structure of incentives that spurs work and learning advancement and interjects attitudes and pressures which are not consonant with the education and employment policies and principles to which the Campus is committed. * Chancellor John B. Slaughter  BIBLIOGRAPHY American Federation of State, County and Municipal Employees. Sexual Harassment: What The Union Can Do, Washington, D.C.: AFSCEM, 1983. Association of American Colleges. Project on the Status and Education of Women. Sexual Harassment on Campus. Washington,D.C.: PSEW, AAC, 1985. Association of American Colleges, Project on the Status and Education of Women, Writing a Letter To The Sexual Harasser: Another Way of Dealing With The Problem. Washington, D.C.: PSEW, AAC, 1983. Connolly, Jr. Walter B.; Kahn, Steven C.; Moorehead, Timothy L. Employer Liability For Sex Harassment. Washington, D.C.:Piper and Marbury. Dzeich, Billie Wright; Weiner, Linda. The Lecherous Professor: Sexual Harassment on Campus. Boston, Mass.: Beacon Press, 1984. Espinoza, Carla R. National Conference on Sexual Harassment in Higher Education. Irvine, California: University of California, November, 1987. Farley, Jennie. Resolving Sex Discrimination Grievances on Campus: Four Perspectives. Ithaca, New York: Industrial and Labor Relations Publications Division, Cornell University, 1982. Federal Women's Program Managers. An Employee Guide To Dealing With Sexual Harassment. U.S. General Accounting Office. Hall, Roberta M. The Classroom Climate: A Chilly One For Women? Washington, D.C.: Association of American Colleges, February 1982. Howard, Susan. Title VII Sexual Harassment Guidelines And Educational Employment. Washington, D.C.: Association of American Colleges, August 1980. Maine Advisory Committee To The U.S. Commission on Civil Rights. Information Kit on Sexual Harassment in Employment. City of Maine: January 1981. National Association For Women Deans, Administrators, and Counselors. Journal of The National Association For Women Deans, Administrators, & Counselors. Washington, D.C.: Edpress, 1982, 46, No. 2. National Organization For Women, Facts on Sexual Harassment. Washington, D.C.: June 1986. Office of Equal Opportunity Western Area Power Administration. Prevention of Sexual Harassment in The Workplace. Western Area Power Administration, May 1985. Office of Personnel Management. Sexual Harassment in The Workplace: Why it Happens - What You Can Do. July 1983. Office of University Compliance. Sexual Harassment in the Workplace. Washington, D.C.: October 1984. Office of University Compliance. University of The District of Columbia Employee/Student Handbook. July 1987. Personnel Policies Forum, Sexual Harassment: Employer Policies and Problems. Washington, D.C.: The Bureau of National Affairs, Inc., 1987. Rowe, Mary P., "Dealing With Sexual Harassment." Ideas For Action. Harvard (Cambridge, Mass.): Harvard Business Review, May-June 1981. Tuana, Nancy. "Issues of Power and Coercion." College Teaching 33, No. 2 (Spring 1985). University Book Center, Maryland Undergraduate Catalog 1987-88. College Park, MD: University of Maryland, 1987. U.S. Commission on Civil Rights. A Guide to Federal Laws and Regulations Prohibiting Sex Discrimination. Washington, D.C.: Clearinghouse Publication No. 46, July 1976. Utah State University Committee on The Status of Women. What Can Students-Do About Sex Discrimination? Washington, D.C.: Association of American Colleges, February 1981. Vermont Advisory Committee to the U.S. Commission on Civil Rights. Sexual Harassment on The Job: A Guide For Employers.Boston, Mass.: Vermont Advisory Committee, September 1982. Women's Equity Action League. Sexual Harassment on The Job: Questions and Answers. Washington, D.C.: July 1987. GLOSSARY Affirmative Action Plan or Procedure. A formal plan or procedure developed to eliminate, limit, or prevent discriminatory treatment on the basis of race, ethnicity, and sex by employers and educational institutions. Agent. A person authorized by another to act on his/her behalf. Breach of Contract. A breach is the breaking or violation of a law, right, or duty. A complainant may file a civil suit for breach of contract when sexual harassment occurs in the workplace. Civil Suit. Civil suits are municipal legal actions filed in court for the declaration, enforcement, and protection of rights, or for the redress or prevention of a wrong. Specific statutes or sections of the federal constitution or state constitutions give particular parties the right to file civil suits against sexual harassers. Note: In some instances when a complainant wins a civil suit, the Court may order the accused to pay the complainant's attorney's fees and court costs. Code of Student Conduct. A UMCP document of prohibited student conduct and disciplinary guidelines. Complaint. An informal or formal allegation of misconduct against an individual. The original or initial pleading by which an action is commenced. A formal complaint is a written complaint filed in an appropriate office which requires action on the behalf of the sexually harassment complainant. An informal complaint a verbal allegation of objectionable behavior by acomplainant. Conciliation. The process of seeking to resolve a discrimination complaint through informal negotiations without resorting to a formal hearing or Court action. Contract. An agreement, written, oral, or implied by law, between two or more parties. Criminal Suits. Action instituted or filed to punish an infraction of the criminal law. Touching, fondling, physical assaults, and attempted rape fall within the realm of criminal acts. Dean. An administrator who heads a division within a college or university. Director. The head of an administrative unit. A personen trusted with the overall direction of a particular department. Discrimination. An act, policy, or practice which unlawfully differentiates against a person on the basis of their race, sex, creed, color, religion, etc. Discrimination may involve a single act or may be a continuing policy or practice. Discrimination may be intentional or unintentional. *** Discrimination may be overt (discriminating openly on the basis of sex or race) or covert (using a mechanism indirectly related to sex or race to discriminate). EEOC Guidelines. The EEOC guidelines specify that "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 employment; 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or 3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." Employee. A staff member, agent, or student who has been hired or selected to perform a service for wages. Employer. A manager, head, director, or supervisor who provides jobs that pay wages or a person who directs salaried and/or non-salaried personnel to perform a particular service or activity. Equal Employment Opportunity. Equal access to all available jobs and training, under equal terms and conditions, and with equal benefits and services in the absence of actions, policies, and practices which illegally differentiate among applicants and employees on the basis of race, color, national origin, sex, age, and religion. This includes equality in recruitment, hiring, layoff, discharge, recall, promotion, training, wages, sick leave, vacation, overtime, insurance, retirement, and pension benefits. Equal Employment Opportunity Commission (EEOC). The Federal agency which, under the Civil Rights Act of 1964, administers federal laws and regulations which relate to discrimination in employment. The Commission is the enforcement agency for Title VII. Grievance. An injury, injustice, or wrong which provides grounds for complaint because it is unjust, discriminatory and against university policies on procedures. Guidelines. Interpretations of legal or administrative regulations. Human Relations Code. Adopted by The University of Maryland, College Park in 1976, prohibits harassment & discrimination on the basis of race, color, sex, marital status, personal appearance, age, national origin, political affiliation, or on the basis of the exercise of rights secured by the First Amendment of the United States Constitution. Injunction. An injunction is a court order forbidding a certain type of action by an individual or institution. An injunction prevents the initiation or continuation of a wrong. Jurisdiction. It is the authority by which campus grievance systems and court accept and decide cases. Legal Action. A civil or criminal suit filed in a court by a prosecutor, an enforcing agency or department, an aggrieved person, several persons (class action), or an organization. Office of Human Relations Programs (OHRP). The University of Maryland Human Relations Office is part of the President's Office. HRO sponsors Campus-wide programs, workshops, seminars, forums, and services to increase awareness and appreciation of individual and group differences. One of the primary functions of the Office is to administer the UMCP Human Relations Code. The Code is the Campus' legal document that sets forth the process for dealing with complaints of discrimination. *** Discrimination complaints may be filed with the Campus Compliance Officer in the Human Relations Office, the Equity Administrators, the Personnel Office, or one's Supervisor. Policy. A policy is a method of management, actions, or conditions used to guide and determine present and future decisions. It is an overall plan embracing the general goals and procedures of a body, an agency, or an organization. Reasonable Person Standard. The reasonable person standard is a phrase used to denote a hypothetical person who exercises "those ordinary qualities of attention, knowledge, intelligence and judgement which society requires of its members for the protection of their own interest and the interest of others." The phrase does not apply to a person's ability to reason, but rather the prudence with which s/he acts under the circumstances. Similar terms are reasonably prudent person or the ordinary prudent person. Reprisal. In general, any action taken by one person either in spite or as a retaliation for an assumed or real wrong by another. Retaliation. To repay in kind, return like for like, or to get revenge. The infliction upon an actual or perceived "wrong doer" the same, or another injury, which the "wrong doer" has caused to another. Rights. That which one is entitled to have, or to do, or to receive from others within the limits prescribed by law. Sex Discrimination. Defined as acts of preferential treatment and failure to provide equal opportunity based on a person's gender. For example, giving rewards, punishments, assignments, promotions, and bonus funds based on reasons other than a person's performance and merit. Sexual Harasser. A person perceived or accused by another person of engaging in actions which the accuser/complainant perceives as sexual harassment. Sexual Harassment Complaint. An informal or a formal allegation against a person. Sexual Harassment Complainant. A person who files a complaint of sexual harassment in a formal legal or quasi-legal process, or in an informal process. Sexual Pollution. Sexual pollution is an act (or continuous acts) that has (have) the potential for being offensive and should be considered improper if it is (they are) not job related. Examples of sexual pollution are: remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters that are not job related or are not being displayed for educational purposes. Statute. A statute is a law, enacted by a legislature, which declares, commands, or prohibits certain actions. A permanent rule established by an organization, corporation, etc, to govern. Federal statues apply to the entire country. State and local statues apply only to that particular jurisdiction. Student. A person who attends classes at the University of Maryland College Park, on a full-time or part-time basis. This includes a person auditing a course. Please note the following changes under the new University System effective July 1, 1988. 1. The title of Chancellor, has been changed to President; The Title of Vice Chancellor, has been changed to Vice President; The Title of Assistant to the Chancellor, has been changed to Assistant to the President. The Title of President has been changed to Chancellor.