Each member of the University community shares a common responsibility to maintain an environment free from all forms of sexual harassment, including sexual violence 1 . Individuals who have concerns about sexual harassment should seek assistance or advice. Individuals are not required to reveal their identity in seeking advice, however, it may be necessary to reveal identity for the purpose of investigation. Members of the University community who have knowledge of such incidents should encourage victims of sexual harassment to consult with sexual harassment information advisors, if needed.
Southern Illinois University Edwardsville has adopted the following procedures to ensure compliance with the University Policy on Sexual Harassment.
Consensual amorous or sexual relationships between faculty and students or between a supervisor and an employee may result in claims of sexual harassment, even when both parties appear to have consented to the relationship. The power differential inherent in such relationships may compromise the subordinate's free choice. When those in authority abuse or appear to abuse their power in a relationship, trust and respect in the University community are diminished. Moreover, others who believe they are treated/evaluated unfairly because of such a relationship may make claims of harassment.
Therefore, it is a violation of this policy if faculty members become involved in amorous or sexual relationships with students who are enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship. No faculty, staff, or graduate assistant shall become involved in an amorous relationship, consensual or otherwise, with a student for whom that person currently has any teaching responsibility, including counseling and advising, coaching, supervision of independent studies, research, theses, and dissertations. In all cases in which an amorous or sexual relationship exists or develops, it is the obligation of the faculty member, staff member, or graduate assistant whose University position carries the presumption of greater power to disclose the relationship immediately to the appropriate supervisor who will contact the Office of the Provost for assistance in avoiding an appearance of impropriety and a potential conflict of interest.
Additionally, it is a violation of this policy for a supervisor and a directly reporting employee to have a consensual amorous or sexual relationship with each other. In cases in which a consensual sexual or amorous relationship exists or develops between a supervisor and a directly reporting employee, it is the obligation of the supervisor to disclose the relationship immediately to his or her supervisor, who will contact the Office of the Provost or the Office of Institutional Compliance (OIC) for assistance in how to avoid an appearance of impropriety and a potential conflict of interest.
Sexually explicit materials in the workplace or learning environment that have no relationship to the curriculum can contribute to a sexually harassing environment for employees and students. Such materials can be in the form of music, documents, photographs, film or computer generated materials. A complaint of sexual harassment may include allegations of sexually explicit materials.
Any student, employee, participant in a University sponsored activity or member of the public having contact with the University may utilize the following informal procedures, or may proceed directly to the formal procedures. However, for incidents involving allegations of sexual violence, informal procedures may not be used. A complaint may be filed against a student, employee, participant in a University sponsored activity or member of the public having contact with the University.
The University has designated a number of individuals to serve as information advisors on the subject of sexual harassment. Sexual harassment information advisors are individuals familiar with the University Policy on Sexual Harassment who can assist those who have concerns regarding sexual harassment. Complainants, respondents, witnesses, or supervisors of parties to a complaint may consult sexual harassment information advisors. Such consultation does not constitute a formal complaint or grievance. Sexual harassment information advisors can provide information regarding:
Functional area heads will recommend individuals to serve as sexual harassment advisors. Advisors will be selected by the OIC on the basis of ability to maintain objectivity and confidentiality and to attend training. Sexual harassment advisors should include members from all employee groups, faculty, staff and civil service and will be representative of gender and racial diversity. Each building on the Edwardsville campus shall have one advisor; the East St. Louis Center and the Alton campus shall have at least one advisor. Advisors and building locations are listed at Appendix A.
Individuals may also go directly to the OIC to file a complaint or seek information if they choose.
Within five (5) working days of notification of the results of the investigation, either the complainant or respondent may notify the OIC of his or her wish to appeal the determination as to whether the Sexual Harassment Policy was violated. Where the appealing party is the respondent, he or she shall indicate whether he or she will appeal to the Sexual Harassment Panel, or through any applicable civil service procedures, collective bargaining or student conduct codes. This choice by the respondent will constitute respondent's exclusive avenue of appeal. Where the respondent elects civil service, collective bargaining or student conduct code procedures, the OIC shall forward the report to appropriate University personnel pursuant to the applicable procedure. Where the complainant appeals or the respondent elects to appeal to the Sexual Harassment Panel, within three (3) working days of receipt of the notice of appeal, the OIC shall initiate the appeal process.
Upon Appeal by either respondent or complainant, the Sexual Harassment Panel shall review the investigations of alleged sexual harassment which was conducted by the OIC to determine whether or not the Sexual Harassment Policy was violated.
The Sexual Harassment Panel shall be drawn from a Pool composed of three representatives from each of the four functional areas governed by the Vice Chancellors. Functional area heads will recommend candidates for the Pool to the OIC, which will forward the recommendations to the Chancellor. The twelve members of the Pool will be approved by the Chancellor on the basis of ability to maintain objectivity and confidentiality, and to attend training. The Sexual Harassment Panel Pool shall include representatives from faculty, professional staff, and civil service and shall include both males and females and represent additional diversity.
A Sexual Harassment Panel shall be composed of three members of the Sexual Harassment Panel Pool. None of the three panel members shall be drawn from the same school, college, or other reporting area as either the complainant or the respondent. Within three (3) working days of receipt of the notice of appeal, the OIC shall select the three members of the Sexual Harassment Panel, taking into account such factors as the nature of the complaint, the prior experience and availability of the eligible members of the Pool, and equitable gender representation on the Panel. Each member of the Panel will be provided with a copy of the OIC report.
The Sexual Harassment Panel will proceed as follows:
All parties involved in the complaint, investigation and appeal processes are obligated to protect the privacy of all persons involved. The University will take reasonable steps to ensure confidentiality, however, confidentiality cannot be guaranteed.
A confidential record of the complaint and any reports shall be maintained by the OIC. The record will contain all documentation on the sexual harassment complaint, actions taken, and the nature of the resolution. The file may be reviewed by legal counsel or the Office of Human Resources to ensure full compliance with legal requirements and observance of the rights of all parties involved.
The procedures set forth in this Policy shall be the exclusive remedy at the University level available to any person complaining of sexual harassment, with the exception of complaints of sexual violence or other criminal matters handled by law enforcement. This policy and related procedures do not apply to complaints of discrimination with respect to other protected categories. Complaints alleging discrimination and harassment are covered in the University's Non-Discrimination and Non-Harassment Policy and Procedures. The right of a person to prompt resolution of a complaint filed under this procedure shall not be impaired by the person's pursuit of remedies outside the University. Use of this procedure is not a prerequisite to the pursuit of other remedies. Individuals should be aware that the deadlines for filing a charge with the Illinois Department of Human Rights and with the federal Equal Employment Opportunity Commission are no later than 180 and 300 days, respectively, following the alleged act of sexual harassment.
Substantial compliance with these procedures shall be deemed full compliance if the party challenging the procedures has suffered no substantial harm caused by the actual procedure used.
If there is a finding of sexual harassment against a University employee or another individual, the University may impose sanctions including, but not limited to:
If there is a finding of sexual harassment against a student or student group, the University may impose sanctions including, but not limited to:
Retaliation against a student or an employee who complains of sexual harassment, or who participates in an investigation of a complaint, is prohibited. Retaliation is prohibited by University regulation, state and federal law and can lead to disciplinary action independent of the sexual harassment allegations.
Education and training for the University community is necessary to ensure individual personal safety and to protect the integrity of the University. All administrators and supervisors must complete training on sexual harassment. The Sexual Harassment Panel Pool and Sexual Harassment Advisors shall also complete the training.
Annual sexual harassment education and training will occur to update and review sexual harassment issues.
¹ Use of the term "sexual harassment" throughout this document includes sexual violence unless otherwise noted. A number of acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
|Alton Campus||Angela Pritchett|
|Alumni Hall||Natasha Smith|
|Art and Design Building||Katie Poole|
|Birger Hall||Kevin Martin|
|Cougar Village||Sarah Kirkpatrick|
|Counseling Services||Andy King|
|Dunham Hall, Kathryn||Prince Wells|
|Early Childhood Center||Christy Horton|
|East Saint Louis Center||Janina Turley|
|Engineering Building||Tonja Asperger|
|Founders Hall||Bill Searcy|
|Lovejoy Library||Kathy Behm|
|Morris University Center, Delyte W.||Joseph Pearson|
|National Corn-to-Ethanol Research Center||John Caupert|
|Peck Hall||Catherine Seltzer|
|Rendleman Hall||Richard Walker|
|School of Pharmacy||Connie Stamper-Carr|
|Science Building||Koung Hee Leem|
|Student Fitness Center||Darleen Harmon|
|Student Success Center||Mariam Tarantella|
|Supporting Services||Gina Hays|
|Bluff Residence Hall||Vicky Dean|
|Evergreen Residence Hall||Kyle Rice|
|Prairie Residence Hall||Rex Jackson|
|Woodland Residence Hall||Kathleen Gardner|
|University Park||Janet Haroian|
|Vadalabene Center||Jaci DeClue|
Approved by Chancellor effective 11/18/11
This policy was issued on December 10, 2013, replacing the October 18, 2013 version.
Document References: 2C5 & 3C4
Origin: OP 4/9/96; OC 9/1/98; OC 1/18/01; OC 7/1/05; OC 2/5/07; OC 11/18/11