University
of
Revised:
July 1, 2004
Introduction
The
UMBC Policy on Sexual Harassment has been developed in accordance with the USM
Policy on Sexual Harassment, No.VI -1.20, adopted by the Board of Regents, June
5, 1992 which states in part:
“The University System
of
The
University of Maryland Baltimore County does not discriminate on the basis of
race, color, national origin, ethnic background, ancestry, sex, disability,
age, marital status, sexual orientation, veteran’s status, or religion in
admission to and participation in educational programs and activities, or
employment practices. Sexual harassment is a form of sex discrimination which
violates federal and state law, University System of Maryland policy and the
In
general, sexual harassment impedes the ability of the community to support the
intellectual, professional, personal and social development of students,
faculty and staff. Specifically, sexual harassment threatens the legitimate
expectation of all members of the UMBC campus community that academic or
employment opportunity and progress is determined only by the published
requirements for job, academic, and extra curricula performance.
I.
Policy
Statement
It
is the policy and commitment of the
Sanctions against UMBC faculty
and staff for violations of this sexual harassment policy may range from formal
reprimand to termination. Likewise,
sanctions against UMBC students, for violations of this sexual harassment
policy, may range from formal reprimand to suspension or expulsion from UMBC
educational programs or extra curricula activities.
Retaliation against persons
raising concerns about sexual harassment, or persons who are parties to sexual
harassment complaints, is also prohibited. Any act of retaliation in regards to
the implementation of this policy will constitute separate grounds for
sanctions up to and including termination of employment, or expulsion, from the
University.
II.
Application of Policy
A.
Definitions
For
the purposes of this Policy, sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature when:
1.
Such conduct has the purpose or effect of unreasonably
interfering with an individual’s academic or work performance, or of creating
an intimidating, hostile, or offensive educational or working environment; or
2.
Submission to such conduct is made either
explicitly or implicitly a term or condition of employment or for participation
in a UMBC - sponsored educational program or activity; or
3.
Submission to or rejection of such conduct by an
individual is used as the basis for academic or employment decisions.
Sexual
harassment may occur within any relationship in the University. This may include peer, superior/subordinate,
faculty/student, client, vendor, different gender or same gender relationships.
In
assessing whether a particular act constitutes sexual harassment under this
Policy, the standard shall be the perspective of a reasonable person within the
UMBC campus community. The rules of
common sense and reason shall prevail.
Allegations of sexual harassment shall be judged with attention to the
facts particular to the case and the context in which the alleged incident(s)
occurred. Nothing in this Policy is
intended to abrogate an individual’s right to academic freedom.
B.
Complaints
1.
Any member of the UMBC campus community who
believes that s/he is a party to sexual harassment may utilize the Procedures
for Filing Sexual Harassment Complaints to file a complaint with
the UMBC Human Relations Office, or an alternate UMBC representative, as
identified in the Procedures for Filing Sexual Harassment Complaints.
Complaint forms may be obtained from the Human Relations Office, the Human
Resources Office, or from the Human Relations Web site.
(http://www.umbc.edu/ola/hr.html)
2.
Alternatively, complaints of sexual harassment may
be filed with the following external agencies:
a.
Equal Employment
b.
c.
United
States Department of Education Office for Civil Rights
C.
Confidentiality
Complaints
brought under this policy, and actions taken pursuant to investigation and or
resolution of complaints of sexual harassment, will be confidential.
D.
Responsibilities
1.
Office of Human Relations Programs
- The Director of Human Relations is responsible for
the dissemination, implementation and coordination of this Policy. In addition the Director of Human Relations
shall serve as the primary campus resource for sexual harassment complaint
investigation and resolution and general sexual harassment prevention education
and advising.
The
Director of Human Relations will publish annually the operative portions of
this policy statement, including the resources available to advise, counsel and
assist in the mediation of sexual harassment allegations, in the UMBC Student
Handbook, the UMBC Faculty Handbook, the campus newspaper, The Retriever,
the Personnel Policies and Rules for Professional and Classified Staff, and
other widely available printed or electronic sources, as practical.
In
cooperation with the UMBC Human Relations Committee, the Director of Human
Relations shall develop and implement a campus-wide sexual harassment
prevention training program for faculty, staff and students. This training
shall be mandatory for all persons with supervisory/management
responsibilities.
The
Office of Human Relations Programs shall gather data from offices and
departments across the campus and publish annually summary statistics of all
complaints of sexual harassment, including, but not limited to a listing of all
verbal and written complaints, and resolutions.
The statistics should include gender and professional status of both the
complainant and the alleged harasser, but shall not include any names or other
identifying characteristics. This annual
report will be available through the offices of the Provost and Human Relations
Programs.
2.
Campus Management (University
Officers, Deans, Department Chairs, Directors, etc.) - Each member of UMBC
campus management shall be responsible for developing and maintaining a work
and educational environment that is free from any form of sex discrimination,
including sexual harassment. This includes informing complainants about the
University’s sexual harassment policy and procedures for filing sexual
harassment complaints, participating in university sponsored sexual harassment
training programs, cooperation with any complaint investigation or resolution
efforts, and, if required, the implementation of recommended sanctions. The
Director of Human Relations should be notified immediately of any sexual
harassment complaint received by any member of campus management.
3.
UMBC Campus Community -
Each member of the UMBC campus community is responsible for discouraging sexual
harassment and full compliance with this policy.
III.
UMBC Resources
The
following resources are available to members of the campus community who seek
information, or instruction regarding this policy. They include, but are not
limited to:
D.
University Counseling Center
F.
Deans, Department Chairs, Directors
and University Officers
G.
The
Office of Student Judicial Programs