UCSD CAMPUS NOTICE University of California, San Diego |
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SAN DIEGO: OFFICE OF THE CHANCELLOR LA JOLLA, CALIFORNIA PLEASE POST Office of the Chancellor October 10, 1995 ALL ACADEMIC AND STAFF EMPLOYEES SUBJECT: Sexual Harassment Prevention and Policy As members of the academic community we have a responsibility to ensure that the rights of all people are respected and that the educational and workplace environment is free from discrimination and harassment. The enclosed prevention and information sheet is to remind employees that sexual harassment is a form of discrimination and is prohibited. Please review the attached policy which includes definitions of sexual harassment and the office to contact in the event of a complaint. June C. Terpstra, Director of the UCSD Office of Sexual Harassment Prevention and Policy, is available to answer any questions concerning this policy and can be reached at 534-8297 or 8298 (Mail Code 0024). Marjorie C. Caserio Interim Chancellor Attachment UNIVERSITY OF CALIFORNIA--Letterhead for lnterdepartmental use) ############################################################################## UCSD SEXUAL HARASSMENT PREVENTION & POLICY SHEET The University of California at San Diego is committed to creating and maintaining & community in which all persons who participate in University programs and activities can work together in an atmosphere free from all forms of harassment, exploitation, intimidation. Specifically every member of the University community should be aware that the University is strongly opposed to sexual harassment and that such behavior is prohibited both by law and University policy. It is the intention of the University to take whatever action may be needed to prevent, correct, and if necessary, discipline behavior which violates this policy. Laws and University Policies Prohibiting Sexual Harassment The California Fair Employment and Housing Act and Title VII of the Federal Civil Rights Act of 1964, as amended, prohibit sexual harassment in employment. Title IX of the Educational Amendments prohibits sexual harassment in educational institutions which are recipients of federal funds. UCSD's policy prohibits discrimination on the basis of sex, including sexual harassment, and provides for disciplinary action for inappropriate conduct. Defining Sexual Harassment Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when any or all of the following conditions result: o submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any university activity. o submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual. o such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive University environment. Certain basic legal issues are involved in most sexual harassment cases. These are factors that a government investigating agency or a court would look at to determine whether you have been sexually harassed. o was the conduct sexual in nature? o was the conduct severe or pervasive? o was the conduct unwelcome? o was the conduct unreasonable? The Equal Opportunity Commission's definition describes two types of conduct considered to be sexual harassment: quid pro quo and hostile environment Quid pro quo In more familiar vernacular, this is called a sex-for-jobs situation. In this form of sexual harassment, the alleged harasser is someone in a position of authority to affect the terms and conditions of employment or education. Unlike hostile environment sexual harassment, one incident can be enough in quid pro quo cases. Hostile environment describes sexually offensive conduct that permeates the workplace, classroom, or academic department, making it difficult for employees or students to do their work. Harassers can be supervisors, co-workers, peers, customers, patrons, or visitors. The conduct is continuous, frequent, repetitive, and part of an overall pattern, rather than one event or several isolated incidents and rises to such a level that it interferes with the individual's performance. Prevention and Training The UCSD Office of Sexual Harassment Prevention & Policy (SHPP), 534-8297, is available to faculty, staff and students for training sessions concerning your rights to a university environment free from sexual harassment. Education on how to respond to sexual harassment complaints is available. A copy of the Policy and Procedures is available at the SHPP Office at 3113 McGill Hall, where you may review it freely. UCSD welcomes your suggestions foe improvements. Filing Complaints If you believe you have been sexually harassed, you are encouraged to discuss your options and learn about campus procedures by talking with an Information Advisor as listed in the Campus Directory under Sexual Harassment. You may file a formal written complaint with the SHPP Director, June C. Terpstra at 534-8297/8298; the California Department of Fair Employment and Housing within 365 days of the alleged unlawful conduct: the US Equal Employment Opportunity Commission within 300 days of the last incident of harassment; or as a law suit in court. Retaliation Any student, staff or faculty bringing a sexual harassment complaint or assisting in investigating such a complaint will not be adversely affected in terms and conditions of education or employment. Complaints of such retaliation will be promptly investigated and punished. Grievances If the complainant is not satisfied with the conclusions reached at the preliminary inquiry stage or final case disposition, the SHPP Director shall advise the complainant of the formal grievance procedures. |