I. Statement of Values and Purposes
Lawrence University is committed to maintaining an intellectual environment that supports open and free inquiry in a community that promotes equal opportunity for all its members. An essential attribute of such a community is the uninhibited pursuit of ideas, and the University must take great care neither to stifle that pursuit nor to make it dangerous for a member of the community to speak his or her mind. Academic freedom is essential to the processes of teaching and learning, and the legitimate academic exploration of all subjects, including subjects of sexual content, must be protected if the community is to survive. A standard of reasonableness consistent with that protection guides all University decisions.
Because Lawrence University believes that ideas, creativity, and free expression thrive--and indeed can only exist for the entire community--in an atmosphere free of sexual harassment, and because sexual harassment is not only offensive but also denies its victims the equal opportunity to which the University is committed, the University will not tolerate sexual harassment.
This policy establishes procedures by which the University will deal with cases of sexual harassment alleged to have been committed by members of the University community (Lawrence students, Lawrence faculty members, and Lawrence staff members) against other members of the University community or visitors to the University. It is explicitly an institutional policy and is in no sense intended to interfere with or to replace civil and criminal laws.
The University prohibits sexual harassment by a student, faculty member, or staff member against any student, faculty member, staff member, or visitor on property owned or rented by Lawrence University or in the setting of any program sponsored by Lawrence University.
Sexual harassment by a student, faculty member, or staff member against a student, faculty member, or staff member anywhere other than on property owned or rented by Lawrence violates this policy if in the judgment of the President of the University that harassment adversely and seriously affects the accused's suitability as a member of the University community.
Students, faculty members, and staff members should understand that apparently consensual sexual relationships, particularly those between individuals of unequal status, may be or become a violation of this policy. Anyone who engages in a sexual relationship with a person over whom he or she has any degree of power or authority must understand that the degree to which such a relationship is truly mutually consensual can and may be questioned. Consensual relationships are also governed by a separate University policy.
In addition to violating this policy, sexual harassment may also be a violation of state and federal law. Therefore, individuals who feel they have been sexually harassed may have the right to bring legal action, in addition to making a complaint to the University (hereinafter the word "complaint" will mean formal complaint). Legal action and an internal complaint can be pursued at the same time. Retaliation against an individual who brings a complaint, participates in an investigation of sexual harassment, or pursues legal action, is unequivocally prohibited.
This policy is designed to defend the values of the community stated above, both by providing official redress to victims of sexual harassment and by facilitating the informal resolution of problems within the community that arise from the occurrence or suspicion of sexual harassment. The Consultant to the University on Sexual Harassment and Sexual Assault ("the Consultant"), an officer who is not a full-time member of the University community and who has professional training and experience in a field or fields relevant to the values of the community in this regard, is responsible for the investigation of complaints of sexual harassment and for the mediation of cases engendered by such complaints whenever such mediation is appropriate and acceptable to the complainant, the accused, and the University. The Consultant is appointed by and responsible to the President. The University shall maintain for a reasonable period of time a file on each complaint assigned to the Consultant, including the Consultant's report and a record of the disposition of the complaint.
II. Definition of Sexual Harassment
Sexual harassment is a form of sex discrimination which is illegal under Title VII of the Civil Rights Act of 1964 and Title IX of The Education Amendments of 1972. As defined by the Equal Employment Opportunity Commission, and in accordance with the 1986 landmark decision of the United States Supreme Court, "Sexual Harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature when:
At Lawrence University, conduct or communication as described above and based upon an undue and unwanted emphasis on an individual's sexual orientation, and which has the purpose or effect of substantially interfering with that individual's employment or education, or of creating an intimidating, hostile, or offensive employment or educational environment, shall be regarded as sexual harassment.
The prohibition of sexual harassment does not circumscribe a faculty member's freedom as part of his or her teaching to select, assign, or discuss materials or topics that are legitimately related to the subject being taught. In cases in which there may be perceived a conflict between the limitations on conduct or communication implied by the definition of sexual harassment above, on the one hand, and the principles of academic freedom, on the other, the University will use as a working definition of academic freedom the "1940 Statement of Principles and Interpretive Comments" and the "1970 Interpretive Comments" on academic freedom by the American Association of University Professors.
The use of alcohol or other drugs by either party is not an extenuating circumstance and does not mitigate the responsibility of a person found to have committed sexual harassment.
III. Information and Support Services
Students who feel they have been sexually harassed may wish to seek confidential counseling or support from the Health and Counseling Center. Students who feel they may have committed sexual harassment may also seek confidential assistance from the Counseling Center.
University authorities responding to inquiries about this policy or complaints of sexual harassment will in all cases inform victims of the options of the internal complaint process; of alternative housing assignments; of confidential counseling; and, for students, of ways they may receive academic assistance. The Dean of Students' Office or Security services can provide assistance with concerns about physical safety.
A student, faculty member, or staff member who believes she or he may be a victim of sexual harassment, but has not decided whether to make a formal complaint, may discuss the situation with the Consultant, a Dean, a designated Contact Person, a staff Department Head, or a staff or faculty member of the Sexual Harassment and Sexual Assault Resource Board (the "Resource Board," see Section V) with the confidence that that discussion will lead to no further action under this policy unless the victim so chooses. Such further action may consist of a formal complaint under this policy or an informal resolution. Resource Board members are prepared to discuss alternative solutions to situations. Student consultations with the staff of the Health and Counseling Center are held completely confidential.
IV. Internal Complaint Process
Once a formal complaint of sexual harassment is made, the university undertakes to implement the procedures set forth in this policy as expeditiously as possible in order to achieve a fair, thorough, and prompt resolution of the complaint.
Formal complaints of sexual harassment may be made by students or members of the faculty or staff to the Consultant, a Vice President, a Dean, a designated Contact Person, a staff Department Head, any staff or faculty member of the Resource Board, any residence hall director, or to University Security. Any of these individuals to whom a complaint is made will report the complaint to the appropriate University authority who will instruct the consultant to investigate the complaint. If a complaint is made to anyone else, the complainant risks the possibility that it will not come to the attention of the appropriate University authorities and may, therefore, not be acted upon. (When the accused is a student, the "appropriate University authority" is the Dean of Students; when the accused is a faculty member, the "appropriate University authority" is the Dean of the Faculty; when the accused is a member of the staff, the "appropriate University authority" is the Vice President for Business Affairs and Administration. If the appropriate University authority is himself or herself the accused or the complainant, either of the other two officers here designated will assume the responsibility of pursuing the complaint.) Complaints of sexual harassment made by visitors to the University will be assigned to the jurisdiction of the appropriate University authority designated by agreement of the three officers listed above.
When it appears that the safety or security of any student, staff member, faculty member, or visitor may be jeopardized, the President or his or her designee, using the President's reserved powers, will take such action as is necessary, in his or her judgment, to prevent the occurrence or recurrence of sexual harassment.
Informal resolution of a complaint of sexual harassment may be appropriate if it is recommended by the Consultant and is acceptable to the complainant, the accused, and University authorities. Such informal resolution may be negotiated by the Consultant but must be implemented by the appropriate University authorities.
When the Consultant concludes his or her investigation, and when informal resolution of the complaint is not possible under the conditions specified above, a summary of the report of the Consultant's investigation, containing all information pertinent to the investigation, will be made available to the complainant, the accused, and the appropriate University authority. If the Consultant concludes that this policy has been violated, the appropriate University authority will take prompt and responsive action.
In all cases, both the complainant and the accused have the right to appeal the decision and action taken by the appropriate University authority. Hearings shall be convened as expeditiously as possible in response to such appeals; they shall be conducted by boards constituted as follows:
Student members of Hearing Boards will be chosen from among the members of the Judicial Board. Faculty members of Hearing Boards will be chosen from among the members of the Faculty Grievance Committee. Staff members of Hearing Boards will be chosen from among the members of an appropriate organization decided by the staff.
Each of the principals (the complainant and the accused) in a case before a Hearing Board has the right to identify no more than one member of the Hearing Board she or he prefers not be a member. Any member of the Hearing Board so identified after the members of the Hearing Board have been named but before the hearing begins, will be replaced by another person from the pool from which the original member was chosen.
Hearing Boards are part of the internal University procedure. They are created by the authority of the University to deal with complaints arising from within the University against members of the University community. In all cases that go before a Hearing Board, both the complainant and the accused, respectively, will have a right to be accompanied by a person of her or his own choosing, except that neither the President, nor persons listed as "appropriate University authorities," nor the Consultant, nor a member of the Resource Board may be that person. The person accompanying the complainant or the accused will not participate in the hearing, but may provide the person he or she accompanies with moral support, informal advice, and comfort. Specifically, neither the complainant nor the accused may be represented before the Hearing Board by an attorney-at-law.
The University Counsel, acting as an officer of the University, may be present as an advisor to the Hearing Board. She or he will not participate in the hearing.
If a complaint of sexual harassment is made against a student, the Consultant will provide a summary of the report of his or her investigation to the complainant, the accused, and the Dean of Students. Upon receiving the report, and upon completion of her or his further investigation if that is warranted, the Dean of Students will determine whether a violation of this policy has occurred.
The University's interest is in regulating the behavior of its students so they do not cause harm to other students, faculty members, or staff members, or to the University. Therefore, after determining that this policy has been violated, the Dean of Students will impose sanctions which may include (but are not limited to) counseling, chemical dependency evaluation, and any of the sanctions specified in the section on The Judicial System in the Student Handbook. The sanctions will be communicated in writing to the complainant and the accused.
If either the complainant or the accused appeals the decision of the dean of students, that appeal shall not result in a modification of the Dean's action while the appeal is pending. Copies of the summary of the report of the Consultant's investigation will be provided to the members of the Hearing Board for use at the hearing. If the appeal has been made by the accused, the Dean of Students or his or her designee in the Office of the Dean of Students will be responsible for explaining to the Hearing Board the Dean's decision and the sanctions imposed. Under normal circumstances, the complainant will attend relevant hearings as a witness for the Dean, and may be asked by the Dean to assist the Dean in the presentation of evidence in support of charges. If the appeal has been made by the complainant, he or she will present to the Hearing Board his or her own arguments against the decision of the Dean of Students and the sanctions imposed, and the Dean of Students will explain those decisions and sanctions.
The Hearing Board will affirm or modify the decision of, or the sanctions imposed by, the Dean of Students. The action of the Hearing Board will be communicated in writing to the complainant and the accused.
A complaint of sexual harassment made against a member of the staff, will be referred to the Vice President for Business Affairs and Administration, who will review the summary of the Consultant's report. If the Vice President for Business Affairs and Administration determines that a violation of this policy has occurred, he or she will take appropriate disciplinary action. Any sanctions imposed will be communicated to the accused and the complainant in writing.
A complaint of sexual harassment made against a member of the faculty will be referred to the Dean of the Faculty, who will review the summary of the Consultant's report. If the Dean of the Faculty determines that a violation of this policy has occurred, he or she will take appropriate disciplinary action. Any sanctions imposed will be communicated in writing to the accused and the complainant.
In all cases where the investigation or hearing concludes that a violation of this policy has occurred, the University will impose prompt and appropriate disciplinary measures. In cases where the violator is a member of the staff or of the faculty, "appropriate disciplinary measures" may include (but are not limited to) counseling, chemical dependency evaluation, a warning, or suspension or termination of employment. In cases where the violator is a student, "appropriate disciplinary measures" may include (but are not limited to) counseling, chemical dependency evaluation, and any of the sanctions specified in the section on The Judicial System in the Student Handbook.
The decision of a Hearing Board will be communicated in writing to the complainant, the accused, and the appropriate University authority. Both the complainant and the accused have the right to appeal the decision to the President, whose decision on any such appeal is final, except in the case of dismissal of a faculty member, in which case the faculty member has recourse to the procedures for a final appeal set forth in the Faculty Handbook.
V. Education and Training
In an effort to prevent and eliminate sexual harassment, the University will distribute this policy to every student, staff member, and faculty member. Students, faculty, and staff will be offered and encouraged to attend training sessions on the subject of sexual harassment. Members of the Judicial Board, the Faculty Grievance Committee, and the staff organization cited above, the bodies from which the membership of Hearing Boards will be drawn, also will receive training from appropriate individuals about sexual harassment. In addition, this policy will be reiterated at appropriate opportunities in meetings, programs, publications, and classes.
The Sexual Harassment and Sexual Assault Resource Board, consisting of the Associate Dean of the Faculty, no fewer than three faculty members, the Associate Dean of Students for Residence Life, the Alcohol Education Coordinator (ex officio), no fewer than three staff members, and no fewer than two student members, all appointed by the President, will advise the University on matters relating to sexual harassment and sexual assault. (This is the same Resource Board referred to in the Sexual Assault and Sexual Violence Policy.) Its members will receive appropriate training about issues related to sexual assault and sexual harassment. The Resource Board will work with the Consultant, the staff of the University Counseling Center, and other appropriate agencies and individuals to develop educational and preventive programs and activities.
The Resource Board will receive reports from the Consultant about actions taken in response to complaints of sexual harassment. The Consultant, working with the Resource Board, will have primary responsibility for reporting such actions at least once per year to the Lawrence community, doing so in general terms that do not identify individuals. The Consultant will work with the Resource Board to insure that the University's judicial and educational efforts are consistent and coordinated.
The Resource Board will recommend to the President changes in procedures described in this policy, which the President may authorize at his or her discretion, subject to the review of the University Faculty and the Board of Trustees.