NUMBER: EOP 1.02
SECTION: Equal Opportunity Programs
SUBJECT: Sexual Harassment
LATEST REVISION: November 20, 1997
DATE: January 1, 1995
Policy for: All Campuses
Procedure for: All Campuses
Authorized by: Bobby D. Gist
Issued by: Equal Opportunity Programs
________________________________________________________________
I. POLICY
Academic and employment discrimination on the basis of race, color,
religion, national origin, gender, age, and disabling conditions
violates federal law, state law and University policy. "Sexual
harassment" is a particular form of gender discrimination,
distinctive in both characteristic and quality.
The University of South Carolina will not tolerate the sexual
harassment of any member of the University community. Sexual
harassment subverts the mission of the University by threatening
the careers, educational experiences, and well-being of all
members of this community. It undermines the University's deep
commitment to the primacy of a reward system based purely on merit,
intellectual excellence, and job performance.
The University, however, is also committed to freedom of speech and to
the liberty of academics to teach, publish, and profess matters that
others may find offensive.
The purpose of this Policy is to define "sexual harassment" in both the
University employment and academic contexts, to provide procedures for
the investigation of sexual harassment claims, and to insure that
violations are fully remedied, while also protecting the constitutional
and academic rights of every member of this community.
The standards mandated by this Policy represent the bare minimum of
acceptable behavior. The University's commitment to civility, mutual
respect, and tolerance should cause the members of this community to
adhere to an even higher standard of behavior in these matters --
not because we are required to do so, but because conscience dictates
it.
In addition to those relationships expressly forbidden, consensual
relationships among members of the University community in which
one party exercises academic or administrative control over the other
are deemed unwise and are strongly discouraged. If a charge of
sexual harassment is lodged regarding a once-consenting relationship,
the burden may be on the alleged offender to prove that this Sexual
Harassment Policy was not violated.
II. SEXUAL HARASSMENT
A. Coverage
This Policy covers sexual harassment by and among all members of
the University community -- including faculty, staff, and students.
The prohibited harassment may arise between employment supervisors
and subordinates, between instructors and students, between peers,
or between any of the foregoing persons and persons who do business
with the University.
B. Definitions
1. "Members of the University community" includes all faculty,
adjuncts, visiting faculty, teaching assistants, administrators,
staff, students, and persons engaged in research.
2. "The University EOP" is the Executive Assistant to the
President for Equal Opportunity Programs (hereafter referred
to as University EOP), or his or her designee, with special
responsibilities to carry out the provisions of this
Sexual Harassment Policy.
3. The "Campus Sexual Harassment Representative" is the person
designated by the Chancellor or Regional Campus Dean to have
special responsibilities to carry out the provisions of this
Sexual Harassment Policy in conjunction with the University
EOP.
4. The "Unit Liaison" is an informational resource person
selected by the President, Chancellor or Regional Campus Dean
to serve the respective academic or employment unit in matters
related to sexual harassment.
5. "Employment benefits" includes the job itself, the duties of
the job, compensation, rank privileges and opportunities
associated with the job, the tools and working environment
necessary to do the job, and any other term or condition of
employment.
6. "Academic benefits" includes grades, scholarships and other
honors, class enrollment and research opportunities, job
recommendations, and letters of recommendation for further
studies or employment.
7. Sexual harassment of employees or students at the University
is defined as unwelcome sexual advances, requests for sexual
favors, verbal or other expressive behaviors or physical
conduct commonly understood to be of a sexual nature. Sexual
harassment includes but is not limited to the following:
a. Threats to make an adverse employment or academic
decision if another person refuses to engage in sexual
activities.
b. Demands that another person engage in sexual activities
in order to obtain or retain employment or academic
benefits.
c. Promises, implied or direct, to give employment or
academic benefits if another person engages in sexual
activities.
d. Unwelcome and unnecessary touching or other sexually
suggestive physical contact, or threats to engage in such
conduct.
e. Indecent exposure.
f. Invasion of sexual privacy.
g. Sexual advances, requests for sexual favors, sexual
comments and questions, and other sexually-oriented
conduct that is directed against a specific individual
and persists despite its rejection.
h. Conduct, even that not specifically directed at the
complainant, which is sufficiently pervasive, severe,
or persistent to alter the conditions of the
complainant's employment or status as a student and
create a hostile working or learning environment, when
viewed from the perspective of a reasonable person of the
complainant's gender.
C. Education and Prevention
1. Education is an essential component in the prevention and
elimination of sexual harassment. A claim of ignorance
is not a defense.
2. To accomplish an adequate educational program the
President shall:
a. Inform members of the University community of the
Sexual Harassment Policy and programs to assure
their implementation.
b. Mandate each unit head to make available to all
persons within the unit a training program on sexual
harassment at least every two years.
c. Assure that the Office of the University EOP has
sufficiently trained staff to carry out educational
programs on sexual harassment policy.
d. Appoint Unit Liaisons as channels for communication,
education and advice on sexual harassment policy
content, procedures and claims. On campuses other
than Columbia, Unit Liaisons shall be appointed by
the Chancellor or Regional Campus Dean.
D. Subcommittee of the Affirmative Action Advisory Committee
1. This Policy establishes the Affirmative Action Advisory
Committee as the committee charged with monitoring
educational functions such as:
a. Developing educational materials.
b. Training appropriate administrative officials and
Unit Liaisons.
c. Providing educational programs for special audiences
within the University community, such as orientation
seminars on sexual harassment for new faculty and
students.
d. Providing education directed to the special needs of
identified groups and individuals, such as foreign
students, or in response to specific requests.
e. Providing educational programs for the community at
large.
2. The University EOP shall serve as custodian of
confidential documents of the Affirmative Action Advisory
Committee related to sexual harassment.
3. The Affirmative Action Advisory Committee shall monitor
compliance with all aspects of the Sexual Harassment
Policy.
E. Prohibited Conduct
1. A member of the University community shall not engage in
the sexual harassment of another member of the University
community.
2. A member of the University community shall not encourage,
condone, or fail to take reasonable steps within this
person's power to stop the sexual harassment of another
member of the University community, regardless of whether
the harassment is by another member of the University
community or by persons doing business with the
University.
a. A member of the University community shall not
retaliate, threaten to retaliate, or attempt to
cause retaliation against any person (1) who
reasonably protests against sexual harassment
practices within the University or (2) who becomes
involved in any capacity in the procedures
established in this Sexual Harassment Policy.
b. However, discipline may be imposed on a member of
the University community who abuses the procedures
established in this Sexual Harassment Policy (1) by
making claims of sexual harassment knowing them to
be false or in reckless disregard of their truth or
falsity, or (2) by making claims involving conduct
that this person knows or has reason to know are not
prohibited by this Policy.
3. A member of the University community shall not refuse to
cooperate in the investigation of a sexual harassment
complaint, but may assert whatever testimonial and
evidentiary privileges available to that person by law.
F. Sanctions
1. Persons who violate the Sexual Harassment Policy are
subject to appropriate discipline by the University. If
an investigation results in a finding that this Policy
has been violated, the mandatory minimum discipline is a
written reprimand. The discipline for the most serious
violations may be termination from employment (and
revocation of tenure) if the violator is an employee, or
permanent expulsion if the violator is a student.
2. Persons who violate this Policy may also be subject to
civil damages or criminal penalties.
G. Enforcement Procedures
1. Sexual Harassment Resources within the University
a. Sources of advice and assistance with the procedures
of the Sexual Harassment Policy are available to all
members of the University community. They include
the Unit Liaison; Campus Sexual Harassment
Representative; Vice President for Student Affairs;
Vice President for Human Resources; Unit Chairs or
Directors; Chair of the Affirmative Action Advisory
Committee; Chair of the Equity Oversight Subcommittee
of the Faculty Welfare Committee; and the University
EOP.
b. The Division of Human Resources and Office of Equal
Opportunity Programs shall provide the above named
with training in prevention, education, and the law
of sexual harassment.
2. Informal Resolution Procedures (Optional)
A person who believes that he or she has been the victim
of sexual harassment should initially attempt to discuss
the matter with the person(s) thought to have engaged in
the harassment. This procedure may be the most
effective and least burdensome manner of resolving
the problem.
3. Complaints
a. To initiate an investigation of an alleged violation
of this Policy, a person must file a sexual harassment
complaint.
b. The complaint must be filed with the Office of the
University EOP, or the Campus Sexual Harassment
Representative who will forward it to the University
EOP.
c. The complaint must be sworn to and filed within 180
calendar days of the last occurrence of the alleged
event.
d. The complaint must be submitted in writing on a form
provided by the University and signed by the
complainant.
e. The University EOP, or Campus Sexual Harassment
Representative, shall assist the complainant in
completing the Sexual Harassment Complaint form. In
order to insure the prompt and thorough invest-
igation of a sexual harassment complaint, the
complainant should be prepared to provide as much
of the following information as is possible:
(1) The name, department, and position of the
complainant;
(2) The name, department, and position of the
person or persons allegedly causing the
harassment;
(3) The specific acts complained of, including
dates and location;
(4) The effect this has had on the complainant's
employment or academic pursuits;
(5) The names of any witnesses to the harassment;
(6) The names of other members of the University
community who might have been subjected to the
same or similar harassment;
(7) What steps the complainant has already taken to
stop the harassment; and
(8) Any other information the complainant believes
relative to the harassment complained of.
f. The Sexual Harassment Complaint form shall contain a
provision informing the complainant that the
information contained in the complaint will be kept
as confidential as possible, but that the identity
of the complainant will be revealed to the alleged
harasser, potential witnesses, and other persons
within the University with a need to know.
g. The University EOP or the Campus Sexual Harassment
Representative shall provide the complainant a
written acknowledgement of the complaint.
4. Investigation
a. The University EOP shall appoint an investigator and
schedule an investigation of the complaint within
ten working days after receipt of a complaint.
b. The University EOP shall contact the charged party,
give that party a copy of the complaint, solicit
that party's response to the complaint, inform that
party that a recommendation and report will be
completed within the time limits provided for in
this Policy (regardless of whether the charged
party chooses to respond), and advise that party of
the right to be represented by counsel.
c. If both parties are agreeable, the University EOP
shall attempt to mediate the complaint. If the
parties agree to a resolution of the matter, a
settlement agreement shall be prepared.
(1) The settlement agreement must:
(i) be voluntary and be in writing;
(ii) be signed by both parties;
(iii) contain a provision in which the party
against whom the complaint was made gives
assurances that the offensive behavior
will stop and not be repeated, and that
no retaliation will be taken against the
complainant;
(iv) contain a provision in which the party who
makes the complaint gives assurances that
no further complaints will be made,
providing the offensive behavior is
stopped and does not reoccur;
(v) contain any other provision the University
EOP deems necessary to insure full
compliance with this Policy.
(2) The University EOP shall provide a copy of the
settlement agreement to both parties, and shall
file the original in the Equal Opportunity
Programs Office and a copy shall be maintained
by the Office of Human Resources.
(3) The University EOP shall recommend to the
appropriate Vice President, Chancellor, or
Campus Dean restoration of any academic or
employment benefits lost by the complainant
as a result of the alleged sexual harassment.
d. In the event the parties do not reach a voluntary
settlement agreement, the University EOP shall
conduct a full investigation which may include
obtaining oral and/or written statements from any
person either the complainant or the charged party
has listed as a witness, as well as from any other
person who might have knowledge about the alleged
offense.
e. If during the investigation the University EOP
believes that harassment or retaliation is occurring,
the University EOP may recommend to the appropriate
University officer that immediate steps be taken to
stop any further harassment or retaliation.
f. The University EOP shall attempt to complete the
investigation within thirty working days. Except
in the most unusual circumstances, all investigation
shall be completed within sixty working days.
The sexual harassment investigative process is a
non-adversarial procedure and there shall be no
cross-examination of witnesses by either the
Charged Party or the Complainant.
g. The University EOP shall treat all information
received during the investigation as confidential
and shall make it available only to appropriate
University officials who have a need to know.
5. Report and Recommendation
a. The University EOP shall prepare a written Report
and Recommendation immediately following the
completion of the investigation. Except in the most
unusual circumstances, the Report must be completed
within fifteen working days after the completion of
the investigation.
b. The Report and Recommendation shall contain the
following:
(1) A summary of the complaint;
(2) A summary of the response by the party against
whom the complaint was made;
(3) A summary of the statements and evidence
obtained during the investigation;
(4) A finding of whether a violation of this
Policy, including the prohibition against
reckless false accusation, has occurred. The
findings shall include a statement about the
severity of the violation, if any, and an
explanation that supports the finding.
(5) A summary of prior settlements or substantiated
complaints against the charged party;
(6) A recommendation of a sanction, if appropriate,
made in consultation with the System Legal
Department and the Division of Human Resources;
(7) A recommendation as to the restoration of any
academic or employment benefits lost as a
result of the alleged sexual harassment; and
(8) An appendix containing the complaint, written
statements, and other tangible evidence
obtained during the investigation.
c. The Report and Recommendation shall be sent to the
Vice President for Human Resources, General Counsel,
and to the appropriate University officer for
decision. The Deciding Officer is the appropriate
Vice President, Chancellor, or Regional Campus Dean.
A copy of the Report and Recommendation shall then
be provided to the complainant and the charged party.
d. Either party may respond in writing to the Report
and Recommendation. This response must be sent to
the Deciding Officer within ten working days.
6. Decision and Imposition of Sanction
a. On the basis of the Report and Recommendation and
any responses that are filed to it, the Deciding
Officer may:
(1) Dismiss the complaint, if it is found to be
without merit. The Deciding Officer shall
also determine if discipline against the
complainant is warranted in the case of a
frivolous or malicious complaint and,if so,
shall impose appropriate discipline.
(2) Order further investigation, for a period not
to exceed ten working days, and require a
Supplementary Report and Recommendation.
(3) Sustain the complaint, order the harassment to
stop, impose sanctions, recommend the
initiation of tenure revocation, recommend
restoration of any employment or academic
benefits the complainant lost because of the
harassment, and provide whatever other relief
is necessary to remedy the situation.
Determination of a sanction shall be made in
consultation with the System Legal Department
and the Division of Human Resources.
b. If the charged party has alleged that the conduct is
constitutionally protected, the Deciding Officer
must obtain the written opinion of University
counsel concerning this issue. University counsel
shall provide that opinion within ten working days
after being requested to do so.
c. The Deciding Officer shall render a final written
decision within twenty working days from the
expiration of the time the parties have for filing
responses to the University EOP's original or
Supplementary Report and Recommendation, as the
case may be, and shall serve a copy of that decision
on both the complainant and the charged party.
d. The Deciding Officer shall inform the charged
party's unit head of the decision. If the
violation is found to have occurred, the unit head
shall be advised of the sanction being imposed. The
Deciding Officer shall send a copy of all decisions
to the University EOP.
(1) If the charged party is a faculty or staff
member and the Deciding Officer concludes
that a violation has occurred, the Deciding
Officer shall also include a copy of the
decision in the employee's system personnel
file.
(2) If the charged party is a student and the
Deciding Officer concludes that a violation
has occurred, the Deciding Officer shall
forward a copy of the decision to the Campus
Chief Academic Officer.
7. Grievance Procedures
This Policy leaves intact all grievance procedures
available to the charged party pursuant to University
policy and applicable law.
8. Monitoring Compliance
If the parties have reached an agreement or a complaint
has been sustained by the Deciding Officer, the
University EOP shall for a period of at least three
months monitor compliance with the agreement or
decision to insure that the harassment does not
reoccur and that the complainant is not subjected
to retaliation.
9. Other Available Procedures
The procedures available under this Policy do not preempt
or supersede any legal procedures or remedies otherwise
available to a victim of sexual harassment under the
University grievance process, the State employee
grievance process, the State Human Affairs Law, the state
or federal law, the United States Constitution, or any
other applicable law.
H. Dissemination of the Policy
1. A copy of this Policy shall be contained in the University
Policies and Procedures. The name, phone number,
and location of the University EOP, Campus Sexual
Harassment Representative, Unit Liaison, and Chair of
the Affirmative Action Advisory Committee, shall be
posted on appropriate bulletin boards.
2. In addition, the University shall adhere to the Policy
through educational activities. The University EOP shall
from time to time distribute brochures and post notices
summarizing the University's Sexual Harassment Policy and
procedures.
III. Reason for Latest Revision
The revision changes certain completion times, and clarifies the language of
several sections throughout the policy.
If you are a student, staff or faculty member or applicant and need to file a complaint of discrimination, please contact Rhonda Y. Edwards.
Send comments to Myra L. Smith