Sexual Harassment Policy and Guidelines
Sexual Harassment
Loyola University New Orleans, consistent with its Goals Statement and the Character and Commitment Statement, fosters respect for the dignity and worth of all members of the Loyola Community, and is committed to maintaining an educational and working environment free of sexual harassment. Sexual harassment is immoral and illegal, and will not be tolerated.
Sexual harassment may occur within a variety of relationships. Some such relationships involve unequal authority, as between supervisors and employees supervised, faculty members and students, residence hall staff and student residents, and student leaders and other students. Additionally, certain types of sexual harassment can occur between individuals who are of equal status, such as harassment occurring between students, employees, and faculty members. All allegations of sexual harassment will be scrutinized, regardless of the relationship of complainant to an alleged offender.
Loyola reaffirms and emphasizes its commitment to provide an environment free from sexual harassment and to provide a means to remedy sexual harassment that may be experienced by any member of the University community. All complaints of sexual harassment will be investigated. Any member of the University community who, in good faith, makes a complaint of sexual harassment, will not be subjected to retaliation in any form. Any individual violating the prohibition against retaliation may be subject to disciplinary action.
All members of the Loyola University community are encouraged to utilize the procedures set forth in this policy any time they believe they have been subjected to sexual harassment or believe they have witnessed sexual harassment of or by another community member.
Definition of Sexual Harassment
- Sexual harassment is a form of unlawful sex discrimination. It is defined as unwelcome verbal or physical conduct of a sexual nature or unwelcome or offensive gender-based conduct when:
- Submission to the conduct is made a term or condition explicitly or implicitly of employment, services or education.
- Submission to or rejection of the conduct is used as or threatened to be used as a factor in decisions affecting an individual's employment, services, or education.
- The conduct is of such a nature that it unreasonably interferes with an individual's work, service, or educational performance or creates an intimidating, hostile, or offensive employment, service, or educational environment.
Examples of Sexual Harassment
Sexual harassment involves any sexual or gender-based attention that is unwanted, unwelcome, and/or offensive. Sexual harassment may include, but is not limited to:
- Direct or implied threats that submission to sexual advances will be a condition of employment, work, status, promotion, grades, educational standing or progress, or letters of recommendation.
- Physical assault.
- Sexual advances or sexual conduct which is unwanted and which unreasonably interferes with a person's work or academic environment.
- Comments of a sexual nature or derogatory gender-based comments; sexually explicit statements; unwanted touching; unwelcome physical conduct; whistling; leering; improper gestures or offensive remarks, including unwelcome comments about appearance; sexual jokes or inappropriate use of sexually explicit or offensive language; remarks about sexual activity, experience or orientation; and/or the display of sexually suggestive, explicit, or oriented objects, pictures or other materials when such comments, conduct, actions, or materials unreasonably interfere with a person's work or academic environment, and the conduct is not legitimately related to the subject matter of a course or other academic pursuit.
Complaint Procedure
Because sexual harassment may involve a wide range of sexually oriented behaviors and may be, in part, a function of the way in which such behaviors are perceived, simply informing an individual whose behavior is problematical that the behavior is unwelcome or offensive may be all that is needed to address the situation. However, if circumstances are such that the recipient of the conduct is unable or unwilling to address the conduct in this way, the University strongly encourages the prompt reporting of complaints of sexual harassment utilizing the following complaint procedure:
The Provost and Vice President for Academic Affairs is responsible for the administration of the sexual harassment policy and the investigation of sexual harassment complaints involving faculty, staff, student workers, teaching assistants and sexual harassment allegations made by students against faculty, staff, student workers, teaching assistants, and/or third parties. The Vice President for Student Affairs is responsible for the administration of the sexual harassment policy and for the investigation of sexual harassment complaints between students or when the alleged harasser is a student. The Vice President for Business and Finance is responsible for the administration of the sexual harassment policy and for the investigation of sexual harassment complaints between staff members or when the alleged harasser is a staff member. A complaint alleging violation of the University's sexual harassment policy can be made as follows:
- Faculty members, staff, and students who believe themselves to have been sexually harassed by faculty, staff, students, or third parties (for example, vendors or independent contractors) should make complaints of sexual harassment to an immediate supervisor, department head, or faculty advisor. If the recipient of the unwanted behavior is unable or unwilling to report the conduct to any of these individuals, complaints should be made up the chain of command in the case of an employment situation, and to the next academic level for harassment occurring in the academic setting. Additionally, complaints of sexual harassment can be made directly to the Provost and Vice President for Academic Affairs. Any recipient of a complaint shall immediately notify the Provost and Vice President for Academic Affairs who will participate in and be responsible for the investigation and possible informal resolution of the complaint. Complaints involving a member of senior management, a vice president or the Provost may be made directly to the President of the University. Complaints involving the President of the University may be made directly to the Chair of the University's Board of Trustees.
- Complaints by students against other students about conduct outside of an employment or teaching relationship should be made to the Vice President for Student Affairs.
- Complaints by staff or about conduct by staff should be made to the Vice President for Business and Finance.
In the appropriate circumstance, the recipient of a complaint of sexual harassment, with guidance from the Provost or appropriate Vice President, will explore the possibility of an informal resolution of the complaint. If necessary, steps will be taken to insure that the complained of conduct does not continue pending resolutions of the complaint.
If informal resolution cannot be accomplished, an investigation will be conducted in conjunction with the Title IX Coordinator under the direction of the Provost and Vice President for Academic Affairs, or the Vice President for Business and Finance, or the Vice President for Student Affairs, or the President of the University, or the Board of Trustees, depending upon the status of the alleged harasser.
Upon completion of the investigation, the outcome will be communicated to the aggrieved party and the person(s) accused. Where sexual harassment is substantiated or there is reasonable belief that sexual harassment has occurred, remedial action will be taken, if appropriate. Additionally, decisions regarding the action to be taken with regard to the alleged conduct will be made in accordance with the procedures set out in the Faculty Handbook, the Staff Policies, Procedures, and Benefits Manual, and the Student Handbook, depending on the status of the accused harasser.
Retaliation
Individuals who report harassment or are involved in the investigation of a harassment complaint will not be subject to reprisal or retaliation. Retaliation is regarded as a very serious violation of this policy and should be reported immediately.
Duty to Report
Officers, managers, supervisors, department heads, faculty members and residence hall staff will be held accountable for adhering to this policy, for reporting promptly any incident of harassment, and for maintaining a positive and productive work and educational environment. If any officer, manager, supervisor, department head, faculty member or residence hall staff member receives a report of harassment or believes he or she has observed harassment he or she is required to notify promptly the Provost and Vice President of Academic Affairs, or Vice President of Student Affairs, or Vice President of Business and Finance, or in extreme cases, the President of the University or the Chair of the University’s Board of Trustees. Failure to make the required notifications may subject the individual to discipline, up to and including discharge.
Confidentiality
All complaints of sexual harassment will be treated confidentially to the extent practical. Only those individuals who are necessarily involved in an investigatory process and/or in the decision regarding resolution of the complaint should ordinarily be provided access to information regarding any allegation of sexual harassment. All information regarding sexual harassment complaints will be maintained in a confidential file in the office of the Provost or appropriate Vice President, and will not be maintained in either personnel or individual student files.
Resolution of Complaint Involving a Faculty Member as the Accused Harasser
The Provost and Vice President of Academic Affairs will conduct investigations of complaints in which a faculty member has been accused of sexual harassment. If the Provost and Vice President for Academic Affairs determines that disciplinary action and/or termination is justified, he/she shall institute proceedings as described in the Faculty Handbook.
Resolution of Sexual Harassment Complaint When the Accused Harasser is a Staff Member
The Vice President for Business and Finance will conduct investigations of complaints involving sexual harassment between staff members. The results of the investigation and the Vice President's recommendation regarding resolution and employee discipline will be made in conjunction with the head of the employee's administrative unit. If the Vice President for Business and Finance and the head of the employee's administrative unit determine that disciplinary action is justified, remedial action, up to and including discharge, will be taken, if appropriate. The accused may request review of the disciplinary decision pursuant to the procedures set out in the Staff Policies, Procedures, and Benefits Manual.
Resolution of Complaints OF Sexual Harassment When the Accused Harasser is a Student
Investigations regarding complaints of sexual harassment occurring between students, or when the alleged harasser is a student, will be conducted by the Vice President for Student Affairs. If, after investigation of the complaint, the Vice President for Student Affairs determines that there is reasonable cause to believe that a violation of the University's policy prohibiting sexual harassment has occurred, remedial action, up to and including discharge, will be taken, if appropriate. The accused may request review of the disciplinary action pursuant to the procedures set out in the Student Handbook.
Resolution of Sexual Harassment Complaints When the Accused Harasser is a Senior Manager, a Vice President or the Provost
The President, or his designee, will conduct investigations of sexual harassment complaints when the accused harasser is a member of senior management, a vice president, or the provost of the University. If the President, or his designee, determines that disciplinary action is justified, remedial action, up to and including discharge, will be taken, if appropriate. The accused may request a review of the disciplinary decision pursuant to the procedures set out in the Faculty Handbook or in the Staff Policies, Procedures, and Benefits Manual.
Resolution of Sexual Harassment Complaints When the Accused Harasser is the President of the University
The Board of Trustees or a designated subcommittee thereof, will conduct investigations of sexual harassment complaints when the accused harasser is the President of the University. Depending on the severity of the conduct, discipline may be instituted upon resolution of the full Board of Trustees.
Resolution of Sexual Harassment Complaints When the Accused Harasser is a Member of the Board of Trustees
The President of the University, in conjunction with the remaining members of the Board of Trustees or a designated subcommittee thereof will conduct investigations of sexual harassment complaints when the accused harasser is a member of the Board of Trustees. Depending on the severity of the conduct, remedial action may be instituted upon recommendation of the President and resolutions of the remaining members of the Board of Trustees.
Resolution of Complaints of Sexual Harassment When the Accused Harasser is not a Member of the Loyola Community
Loyola recognizes that members of the Loyola Community may encounter sexual harassment at the hands of third parties, such as vendors and independent contractors. Reports of harassment by such third parties should be made in accordance with the general complaint procedure. The Provost and Vice President for Academic Affairs will conduct investigations of such complaints and remedial action, up to and including the termination of vendor or independent contractor contracts, will be taken, if appropriate.
Sexual Harassment Policy and Guidelines- BOT approved September 19, 1997
Appeals and Grievances
Appeals or grievances regarding sexual harassment complaints/resolution must be requested in writing to the appropriate Vice President, Provost or President as listed under Complaint Procedures listed above. Appeals or grievances will be handled as outlined:
- Faculty members should follow the Grievance Procedures outlined in the Faculty Handbook.
- Staff employees should follow the Grievance Procedures outlined in The Staff Policies, Procedures and Benefit Manual.
- Student should follow Appeals Process in the Student Handbook.
The appropriate procedures may be obtained in the above manuals, on the Loyola Website under University Policies and Procedures, from the Student Affairs Office, Human Resources Office and from the Title IX Coordinator.
Title IX Compliance
Loyola University New Orleans strongly supports equal opportunity in all aspects of University services and employment as provided in Title IX of the Education Amendments of 1972. Inquiries, concerns and questions regarding the application of Title IX to University programs, services, employment, and policies should be addressed to the Title IX Coordinator. The Title IX Coordinator for Loyola University is the Director of Human Resources. The Title IX Coordinator may be contacted at : Campus Box 16, 504-864-7914.