A. Policy
The University of California, Irvine, is committed to creating and maintaining a community in which all persons who participate in University programs and activities can work and learn together in an atmosphere free of all forms of harassment, exploitation, or intimidation, including sexual harassment. Every member of the University community should be aware that the University will not tolerate sexual harassment and that such behavior is prohibited both by law and by University policy. Retaliation against a person who brings a complaint of sexual harassment is also prohibited. 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. All members of the campus community, including faculty, students, and staff, are responsible for insuring a campus environment free of sexual harassment. Deans, Directors, Department Chairs, and administrative department heads have specific responsibility for participating in the creation of a campus environment free from sexual harassment.
Sexual harassment is a form of sex discrimination, which is illegal under both federal and state law. Harassment on the basis of gender is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972. Sexual harassment can be verbal, visual, or physical. Although what constitutes sexual harassment will vary with the particular circumstances, it may be described generally as unwelcome sexual behavior which 1.) is either explicitly or implicitly a term or condition of an individual's employment or education or 2.) unreasonably interferes with an individual's performance in the employment or educational setting.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, display of sexual visuals, sexual audios, other verbal or physical conduct of a sexual nature. In addition, one of the following conditions must be met for the behavior to constitute sexual harassment::
1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in a University activity; or
2. Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting that individual; or
3. Such conduct unreasonably interferes with an individual's performance or creates an intimidating, hostile, or offensive working or learning environment.
In determining whether conduct constitutes sexual harassment, consideration will be given to the severity and/or pervasiveness of the conduct, judged by the standards of a reasonable person. Pervasiveness is determined by examining the totality of the circumstances, including 1.) the nature of the unwelcome sexual acts or words (generally, physical touching is more offensive than unwelcome verbal abuse); 2.)the frequency of the offensive encounters; 3.) the period of time over which all of the offensive conduct occurs; and 4. )the context in which the sexually harassing conduct occurred. In determining what constitutes sufficiently pervasive, courts have held that acts of harassment cannot be occasional, isolated, sporadic or trivial.
Sexual harassment encompasses any pervasive sexual behavior that is unwelcome. Examples of verbal or physical conduct which may be sexual harassment include, but are not limited to:
1. Direct propositions of a sexual nature;
2. Sexual innuendoes and other seductive behavior, including subtle pressure for sexual activity such as repeated, unwanted requests for meals, drinks, or dates, and repeated inappropriate personal comments, staring, or touching;
3. Direct or implied threats that submission to sexual advances will be a condition of employment, promotion, grades, etc.;
4. A pattern of conduct that would discomfort or humiliate, or both, a reasonable person, where the conduct includes one or more of the following: a. unnecessary touching, patting, hugging or brushing against a person's body; b. remarks of a sexual nature, such as comments about a person's clothing or body; c. remarks about sexual behavior; d. insulting sounds or gestures; e. sexually explicit statements, questions, jokes, anecdotes, or graphic material.
5. A romantic relationship between (a) an instructor and a student or (b) a supervisor and a subordinate, if the constraints in J. Consensual Relationships are not followed;
6. A consensual relationship which a. disadvantages third parties (i.e., third parties are denied benefits or opportunities because of the existence of a sexual relationship between others), or b. creates a hostile, intimidating, or offensive working or learning environment for third parties;
7. Sexual assault (which is also criminal behavior).
------------------------------------------------------------------------
Several University policies identify various forms of unacceptable behavior, which are applicable in cases of sexual harassment and outline sanctions and disciplinary procedures. These include:
1. The Faculty Code of Conduct (Academic Personnel Manual, Section 015), as adopted by resolution of the Academic Senate
2. The Resolution on Faculty-Student Relations Adopted by the Academic Assembly of the University of California Adopted by the Academic Assembly of the University of California on November 30, 1983
3. Policies Applying to Other Academic Appointees (Academic Personnel Manual, Section 150)
4. Policies Applying to Campus Activities, Organizations and Students, Section 100
5. Personnel Policies for UC Staff Members
6. Personnel Policies for UC Staff Members, Appendix II--Senior Management Personnel Policies
7. Evaluation, Review and Appeal Procedures for Residents Appointed and Paid Through The University of California, Irvine, College of Medicine.
Enforcement of the UCI policy, its credibility and emphasis on early resolution require the University to direct individuals with concerns or questions about sexual harassment to individuals who have been trained to handle these matters.
Administrators at UCI, including Vice Chancellors, Deans, Directors, Department Chairs, and administrative department heads are responsible for understanding and implementing the campus sexual harassment policy and procedures. Their responsibilities include listening to concerns of faculty, staff, and students; seeking a resolution of the issues, when appropriate; and guiding individuals with concerns to personnel on campus who are trained to assist in complaint resolution. In meeting their responsibilities described above, administrators may solicit the assistance of the Sexual Harassment Officer.
In addition, designated individuals on the campus will be trained to handle sexual harassment issues and complaints. These designated individuals include the Sexual Harassment Officer (SHO) and the Sexual Harassment Advisors (SHA) located at 4500 Berkeley Place, Zot Code 1130, (949) 824-5594.
http://www.sho.uci.edu/shpolicies.html