![]() Harassment PolicyUnit: Title IX | ||
PurposeThe University of Alabama is committed to providing an environment for employees, students, and campus visitors that is free from illegal harassment based on genetic information, race, color, religion, national origin, sex (which includes sexual orientation, gender identity, and gender expression), age, disability or veteran status in admission or access to, or treatment of employment in, its programs and services. Such illegal harassment violates federal civil rights laws and University nondiscrimination policy and may lead to personal liability for the results of such behavior. PolicyThe University of Alabama is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace and students can engage fully in the learning process. Toward this end, all members of the University community (including faculty, staff and students) must understand that harassment based upon one’s protected status as identified above will not be tolerated, and that they are required to abide by the following policy. The University will take appropriate action to prevent, correct, and where warranted, discipline behavior that violates its Harassment Policy. The University implements its Harassment Policy through preventive education and training and through procedures for investigating and resolving claims of harassment. Employees and students are encouraged to participate in training programs, which are offered by a variety of departments and divisions, including the Department of Human Resources. Individuals who believe they are being harassed are encouraged to report the problem to appropriate administrative officials. Information about appropriate complaint channels and the procedures for resolution of claims of harassment follows and can also be obtained from the Deans’ Offices, the Vice Presidents’ Offices, the Department of Human Resources, or the Office of Equal Opportunity Programs. Retaliation is Not ToleratedThe University encourages students, faculty, and staff to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of harassment. Retaliation against persons who oppose or complain about harassment is strictly prohibited. Retaliation is any action that has the effect of punishing a person for engaging in a legally protected activity, such as alleging harassment, making a harassment complaint, or assisting in a harassment investigation. Examples of retaliatory adverse employment actions include suspension, demotion, or termination. In addition, this policy prohibits retaliation in the form of harassment, intimidation, threats, or coercion, or in the form of any materially adverse harm that would dissuade a reasonable student or employee from filing a harassment complaint or participating in a harassment investigation. An employee/student is protected against retaliation for their opposition to harassment as long as the employee/student has a reasonable and “good faith” belief that the complained of conduct is illegal, even if it turns out that the complainant was mistaken as to the legality of the conduct. It is a violation of the University's policy to retaliate against the complainant(s), respondent(s), witnesses or others involved in the review of such complaints. Any employee who retaliates against an employee or a student in violation of the law and/or the University’s Harassment policy is subject to disciplinary action. This Harassment policy shall not, however, be used to bring frivolous or malicious complaints against students, faculty or other employees. If a complaint has been made in bad faith, as demonstrated by clear and convincing evidence, disciplinary action may be taken against the person bringing the complaint. Factors Considered in Determining Existence of HarassmentDefinition of Harassment That is Not of a Sexual NatureHarassment is abusive or hostile conduct that is directed toward or inflicted upon another person because of their race, color, religion, ethnicity, national origin, age, disability, or veteran’s status and which, because of its severity and/or pervasiveness, unreasonably interferes with an individual’s work or academic performance. Harassment is typically based on stereotyped prejudices and includes, but is not limited to, the following examples, where they are generally part of a pattern of conduct meeting the standard set forth above; slurs, jokes, objectionable epithets, or other verbal, graphic, or physical conduct that demeans, insults, or intimidates an individual because of their race, color, religion, ethnicity, national origin, age, disability, or veteran status. Conduct must be deemed severe and/or pervasive from both a subjecting and an objective perspective. Sexual Harassment DefinedSexual and gender-based harassment are defined and discussed in greater detail in the University’s Title IX and Sexual Misconduct Policy. Factors Considered in Assessing Whether Harassment That is Not of a Sexual Nature ExistsIn determining whether conduct constitutes prohibited harassment, the following understandings shall apply:
Academic Freedom and HarassmentIn cases of alleged illegal harassment, the protections of the First Amendment must be considered if issues of speech or artistic expression are involved. Free speech rights apply in the classroom and in all other education programs and activities of public institutions, and First Amendment rights apply to the speech of students and teachers. Great care must be taken not to inhibit open discussion, academic debate, and expression of personal opinion, particularly in the classroom. Nonetheless, speech or conduct of a harassing, sexual or hostile nature; which occurs in the context of educational instruction may exceed the protections of academic freedom and constitute prohibited harassment if it meets the definition of harassment noted above and 1) is reasonably regarded as non-professorial speech (i.e., advances a personal interest of the faculty member as opposed to furthering the learning process or legitimate objectives of the course), or 2) lacks accepted pedagogical purpose or is not germane to the academic subject matter. Reporting of Harassment or Related Retaliation AllegationsPrompt Reporting RequiredPersons who believe they have been targets of harassment or related retaliation should report the incident(s) immediately to appropriate administrative officials as set forth below. Delay in reporting to these university officials makes it more difficult to investigate fairly and adequately the incident and may contribute to the repetition of offensive behavior. ConfidentialityThe University will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition is considered confidential and will be shared only on a “need to know” basis. Reporting ChannelsThe following sections identify appropriate harassment resource persons and complaint-receiving officials that students and employees should contact regarding illegal harassment and/or retaliation for complaining or participating in a complaint or investigation.
Procedures for Handling Complaints of HarassmentIndividuals who believe they are targets of unlawful harassment in their working or academic environments are encouraged to respond to the alleged harasser directly, by objecting and by requesting that the unwelcome behavior stop. Individuals may also seek assistance or intervention, short of filing a complaint, from their supervisor or University complaint-receiving officials referenced in paragraphs C (2) and (3) above. An initial discussion between the complainant and the complaint-receiving official will be kept confidential to the extent allowed by law, with no formal written record. The complaint-receiving official will explain the options available and will counsel the complainant. If the complainant, after an initial meeting with the complaint-receiving official, decides to proceed, the complainant will be requested to provide a written statement describing the complaint. Complaints of harassment will receive prompt attention. Complaints may be resolved through the informal or formal procedures described below, and appropriate action will be taken. Informal means are encouraged as the beginning point, but the choice of where to begin normally rests with the complainant. However, if the complaint-receiving official believes that the matter is sufficiently grave because it seems to be part of a persistent pattern, because of the nature of the alleged offense, or because the complainant seeks to have a sanction imposed, then the complaint-receiving official will initiate a formal procedure, or take other appropriate action.
The officials listed directly above, or their appointed designees, will conduct a prompt and appropriate investigation, conducting whatever inquiry they deem necessary, and will arrange conferences with the complainant, the alleged offender, and any other appropriate persons. The investigation, subject to the confidentiality provision above, will afford the accused an opportunity to respond to the allegations. Those directing investigations will make a record of the case, including a record of their decision and any sanctions imposed. Those records are to be retained for at least four years after the individual leaves the University employment. The officials conducting the inquiry shall forward to the Office of Equal Opportunity Programs (i) a copy of the complaint, (ii) the decision made regarding the complaint, and (iii) any resolution achieved, including any sanctions imposed, which will be retained in that office’s confidential files. The complainant and the alleged offender will be notified whether the investigation results in a finding of a policy violation; however, that information should be treated by both parties as confidential and private. (Mandating harassment training is not to be considered a “sanction”). A complainant not satisfied with the resolution achieved by the formal procedures may discuss the matter further with the University Compliance Officer in the Office of Equal Opportunity Programs. Disciplinary SanctionsA conclusion that harassment in violation of University policy or the law has occurred shall subject the offender to appropriate disciplinary action and may result in suspension, discharge, expulsion or dismissal. University disciplinary procedures and possible sanctions are described in the Code of Student Conduct in the Student Handbook, the Staff Handbook and Policy Manual, and the Faculty Handbook. Sanctions imposed will be determined on the basis of the facts of each case and the extent of harm to the University’s interests. ScopeThis policy applies to all faculty, staff, residents, students, patients, visitors, and guests. | ||
Office of the Vice President of Finance and OperationsApproved by Cheryl Mowdy, Assistant Vice President for Finance and Operations, 12/07/2018 |