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Sexual Harassment

POLICY

I. PREAMBLE

As a Catholic institution of higher education, Seton Hall University embraces Judaeo-Christian values that proclaim the dignity and rights of all people. Sexual harassment in any form shall not be tolerated at Seton Hall University. It is a form of sexual discrimination prohibited by Title IX of the Education Amendments of 1972 and Title VII of the 1964 Civil Rights Act. All members of the University community have an obligation to take appropriate action to eliminate sexual harassment.

II. APPLICABILITY

This Policy applies to all University students, faculty, administrators, staff members, and employees as well as vendors and guests on campus. This includes those members of the University community who are involved in the University's extension and off-campus programs, such as Cooperative Education, internships, clinicals, practicums, student teaching etc. This policy does not replace or supersede an individual's rights and remedies under the law.

III. DEFINITION OF SEXUAL HARASSMENT

For the purposes of this Policy, sexual harassment is defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature toward any student, faculty member, administrator, staff member or employee when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's academic evaluation or employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for academic decisions or employment affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's academic performance or employment by creating an intimidating, hostile, or offensive academic or work environment.

Sexual harassment manifests itself in several forms. This behavior may include but is not limited to the following:

1. Conduct or comments directed at an individual, based on the individual's gender, that are abusive in nature.
2. Sexual innuendoes in the guise of humor to coerce sexual favors;
3. Sexual teasing, jokes, remarks, or questions;
4. Sexual remarks about a person's body, clothing, or behavior;
5. Patting, pinching, or other unwanted touching of another's body;
6. Staring in a sexually suggestive manner;
7. Uninvited letters and telephone calls;
8. Uninvited pressures for dates;
9. Inappropriate and offensive sexual advances;
10. Solicitation of sexual favors or other sexually related behavior by promise of rewards;
11. Coercion of sexual activity by threat or punishment; or
12. Sexual crimes, including rape, acquaintance rape, attempted rape, or sexual assault.

IV. CREATION OF UNIVERSITY COUNCIL AGAINST SEXUAL HARASSMENT

In furtherance of its goal to eliminate sexual harassment, Seton Hall has created a University Council Against Sexual Harassment. The purpose of the University Council Against Sexual Harassment are:

1. To monitor the implementation of the University's Policy Against Sexual Harassment;
2. To propose amendments to the Policy as the need arises;
3. To investigate and, if possible, resolve claims of alleged sexual harassment; and
4. To make recommended findings of fact and propose sanctions;
5. To conduct education and training programs throughout the Seton Hall Community.

The Council may, in writing, make recommended findings of fact and propose sanctions. Confidentiality to all parties will be provided to the extent possible and in accordance with the law. The Council shall make and maintain appropriate records. The University Council Against Sexual Harassment is not empowered to make binding determinations of facts and impose sanctions. The authority to make binding determinations of facts and impose sanctions is vested in the appropriate University authorities, for example, Dean of Students in the case of students, Deans, or Division Heads in the case of faculty members or employees.

A list of Council members shall be published regularly. Written guidelines regarding the handling if complaints are available through the Council.

V. PROCESS FOR RESOLVING AN INCIDENT OF ALLEGED SEXUAL HARASSMENT

Any individual who becomes aware of an incident of sexual harassment has a duty to report it to the Council as soon as possible. Members of the University community may assert a claim of alleged sexual harassment either informally or formally.

1. The Informal Process: This process is designed to achieve resolution of the alleged incident informally. The informal process has no set structure or protocol, and is intended to be flexible in order to reach an acceptable solution. While a written statement from the complainant is helpful, it is not required to initiate or pursue the informal process.
2. The Formal Process: In the formal process, a written complaint is required. The formal process requires that the hearing be tape recorded, that testimony be given under oath, and that the hearing be closed to the public. If any of these conditions is not met, the hearing is not formal. The complete process for the formal hearing is set forth in the written guidelines issued by the Council and available through the Council.

In both the informal and formal processes either party may be accompanied by another individual from the University for support purposes. This person is not permitted to participate in either process. Attorneys are not permitted to participate in either process.

VI. SANCTIONS

Misconduct constituting sexual harassment will be dealt with appropriately. Responsive act ion may include, for example, training, referral to counseling, and disciplinary actions such as warnings, reprimands, withholding of a promotion, reassignment, temporary suspension without pay, compensation adjustment or termination. False charges may result on no actions being taken, corrective action being taken against the accuser, sanctions against the accuser, or countercharges. Guidance regarding the recommended sanctions may be found in the written guidelines.

VII. STATEMENT ON CONSENSUAL RELATIONSHIPS

The University considers is inappropriate for any member of the University community to establish an intimate relationship with a student, subordinate o r colleague upon whose academic or work performance he or she will be required to make professional judgments. The University requires that the faculty member, administrator, graduate assistant, staff member or employee cease such conduct and/or divest himself or herself of the professional responsibility for supervision or oversight, should an intimate relationship develop.

Revised and Adopted June 1993
Effective Academic Year 1993

Policy No.    Revision No. 1    Eff. Date: June 1993    [mds-10/96]

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