OFFICE OF THE CHANCELLOR
October 10, 1995
ALL AT UCSD
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)
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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. |