Catalog Navigator : Anti-Discriminatory Harassment

DePaul University has a long standing commitment to diversity of its faculty, staff and student body. As a university with a strong Catholic, Vincentian and urban heritage, this commitment is particularly integral to our mission. DePaul University is committed to preserving an environment that respects the personal rights and dignity of each member of its community

The Anti-Discriminatory Harassment Policy and Procedures provides the overall philosophy and specific approaches for addressing discrimination and harassment issues. It serves to augment other university-wide policies and is in accordance with federal, state, and local laws and regulations.

It is the policy of DePaul University that no person shall be the object of discrimination on the basis of race, color, ethnicity, religion, sex, gender, sexual orientation, national origin, age, marital status, parental status, family relationship status, physical or mental disability, military status, or other status protected by local, state, or federal law in its employment or its education settings.

For complaints related to sex, gender and/or sexual orientation please refer to the Sexual Harassment Policy Office, which has responsibility for monitoring and the resolutions of those complaints. The complete Sexual Harassment Policy and Procedures can be found at: http://policies.depaul.edu/policy/policy.aspx?pid=119

Academic Freedom
DePaul University values the free and open exchange of ideas within an academic community. Often ideas and viewpoints can challenge our assumptions, beliefs or perspectives that are intrinsic to learning and may sometimes prove disturbing or offensive. DePaul University is committed to the principles of academic freedom and inquiry; however, discrimination and harassment as identified in this policy are neither legally protected expression nor the proper exercise of academic freedom.

Policy
DePaul University will not tolerate the harassment of and/or discrimination against any person or group of individuals on the basis of race, color, ethnicity, religion, sex, gender, sexual orientation, national origin, age, marital status, parental status, family relationship status, physical or mental disability, military status, or other status protected by local, state, or federal law in its employment or its education settings. DePaul University reserves the right to take actions as are consistent with its policies and procedures to deal with individuals found to have engaged in unlawful harassment and/or discrimination in violation of this policy.

Unlawful harassment includes any behavior (verbal, written, or physical) that abuses, assails, intimidates, demeans or victimizes or has the effect of creating a hostile environment for any person based on any of the above protected characteristics. Depending on the specific circumstances and impact on the workplace or academic environment, examples of unlawful harassment include verbal abuse, offensive innuendo, derogatory comments, or the open display of offensive objects or pictures concerning a person's race, color, ethnicity, religion, sex, gender, sexual orientation, national origin, age, marital status, parental status, family relationship status, physical or mental disability, military status, or other protected status.

Examples of unlawful discrimination include treating an employee or student differently in the terms and conditions of his or her employment or education or making decisions about a person's employment, compensation, or education based upon his or her race, color, ethnicity, religion, sex, gender, sexual orientation, national origin, age, marital status, parental status, family relationship status, physical or mental disability, military status, or other protected status.

No person, including parties and witnesses, exercising his or her rights and/or responsibilities under the Anti-Discriminatory Harassment Policy and Procedures shall be subject to retaliation or threat of retaliation in any form. Retaliation includes, but is not limited to, those actions directed against an individual on the basis of or in reaction to the exercise of rights accorded and/or defined by this policy which affect a person's employment, advancement, scholarship, performance, habitation, and/or property. Claims of retaliation will be investigated and, if substantiated, constitute a separate violation of this policy. Any acts of retaliation will be subject to appropriate disciplinary action, including but not limited to reprimand, change in work assignment, loss of privileges, mandatory training, suspension, and/or termination.

DePaul University takes complaints of discrimination and harassment seriously. Individuals who knowingly make false allegations under this policy may be subject to disciplinary action, including but not limited to reprimand, suspension, and/or termination.

Procedures
The Senior Executive for Institutional Diversity or his/her designee (the "Office of Diversity") is responsible for receiving, processing, and resolving complaints of discrimination and/or harassment. Complaints related to sex, gender and/or sexual orientation should be directed to the Sexual Harassment Policy Office as outlined in Section II. Policy Statement.

Any member of the University (as outlined in Section I. Scope) may file a complaint with the Office of Diversity against any member of the University community. All members of the University who serve in a supervisory capacity, such as deans, managers, and chairs, are responsible for relaying all complaints of discrimination or harassment to the Office of Diversity. Any student may also file a complaint as long as it concerns the actions of a university employee. Student complaints about actions of other students are handled by the Associate Vice President of Student Advocacy and Community Relations.

The University strongly recommends complainants to file a complaint within 120 (one hundred and twenty) days of the challenged conduct, to the extent practicable. The complainant should receive an acknowledgement of receipt from the Office of Diversity within 10 business days. If this does not occur, then that person should directly contact the Office of Diversity to confirm receipt of original complaint.

When the University receives a complaint of discrimination and/or harassment it will promptly investigate the allegation in a fair and expeditious manner. Every complaint is based on its own facts and circumstances, which can impact the course of the University's investigation. The following is an outline of the procedure generally followed once a complaint has been brought to the attention of the University.

Filing a Complaint

Contact the Office of Institutional Diversity:
55 East Jackson Suite 403
Chicago, Illinois
312-362-6872
The complaint can be submitted orally or in a written statement.

Processing a Complaint
In processing a complaint, the Office of Diversity will:

Acknowledge a receipt of the complaint in writing.
Conduct a preliminary assessment of allegations.
May conduct a preliminary evaluation to determine whether the alleged conduct, if substantiated, could constitute a violation of any University policy, including this Anti-Discriminatory Harassment Policy.
If the Office of Diversity concludes that the alleged actions may constitute a policy violation, it will designate an investigator and assign the case for a prompt and impartial fact-finding investigation of the complaint. The Office of Diversity will provide the name of the investigator to the complainant and the investigator will contact the complainant.

Fact Finding
The specific fact-finding steps may vary depending on the facts and circumstances of the complaint. Generally speaking, the designated investigator will:

Inform the complainant and respondent of the start of the investigation.
Initiate a formal fact-finding investigation of the complaint.
Collect and review relevant documentation.
Interview complainant, respondent, and witnesses to the reported event or events.
Provide respondent with ample opportunity to respond to the complaint.

At any time in the process, the complaint may be resolved voluntarily prior to the completion of the investigation when there is agreement among the complainant, the respondent, and the Office of Diversity that the issue has been addressed to the satisfaction of all parties and the investigation should be closed without further action.

Confidentiality
The University is committed to balancing the interests of all parties involved in discrimination and harassment complaints and will attempt to keep the name of the complainant confidential and to respect the rights of the individual against whom the complaint was made. Nonetheless, the University recognizes that there are certain situations that may require disclosures of information. Further, when credible information received through an investigation shows that there may be violations of other University policies, the appropriate officials will be notified.

Resolution of Complaint
The Office of Diversity is charged with the responsibility of investigating complaints of discrimination, communicating its findings, and making recommendations for corrective actions. Upon completion of the investigation, the investigator shall report his or her findings to the Office of Diversity. If the Office of Diversity, following the investigation, determines that the Anti-Discriminatory harassment Policy has been violated, it will, together with appropriate University officials, recommend appropriate corrective action, up to and including discharge/expulsion, commensurate with the severity of the infraction. University officials who may have input in determining the appropriate corrective action include but are not limited to, the supervisors or department heads of the complainant and the respondent, the Vice President of Human Resources, and the Office of the General Counsel.

The Office of Diversity will provide written notification to the complainant, the individual against whom the complaint was made, and the appropriate University officials of the finding, as deemed appropriate. Where a remedy is determined to be appropriate, the investigator will inform the individual against whom the complaint was made of the recommended steps that will be taken to remedy the situation.

Supervisors, department heads, and other administrators and managers have the responsibility for implementing those recommendations. The Office of Diversity may advise in the implementation process and will monitor the actions taken as a result of the findings and recommendations. To the extent that the Office of Diversity concludes that other University policies may have been violated by the reported conduct, the appropriate University official(s) will be notified and applicable procedures set forth in the DePaul Student Handbook, the DePaul Human Resources Employee Handbook, the DePaul Faculty Handbook, or relevant collective bargaining agreements will apply.

The files of complaints will be maintained in the Office of Diversity. Documents and information relating to the complaint and investigation will not be kept in relevant personnel or academic records; except that any discipline or sanction imposed as a result of a policy violation will be documented in the disciplined individual's personnel or academic record in accordance with applicable University procedures.

Sexual Harassment Policy

Introduction
DePaul University is committed to providing and maintaining a healthy learning and working environment for all students, staff, faculty and other members of the university's community, free of discrimination and all forms of sexual and gender harassment, which diminish the dignity or impede the academic freedom of any member of the university community. In accordance with DePaul's Vincentian values, its role as an educational institution, and both federal and state law, the university condemns any form of sexual [or gender] harassment [or assault] and is committed to taking action to prevent and eliminate all forms of them, including coercive sexual behavior. These types of harassment also may constitute unethical conduct. Any staff member, faculty member, or student found to have engaged in such conduct is subject to disciplinary action, up to and including discharge and/or expulsion.

Further, the university condemns any acts in violation of this policy involving any third parties, including visitors, guests and agents, representatives and employees of suppliers or contractors, and will take violations of this policy by such parties into consideration in the awarding of contracts and the future conduct of business. Sexual and gender harassment are not only repugnant to the DePaul community and a violation of this policy, but may be criminal offenses according to Illinois or federal law. Members of the university's community who have been found in violation of statutes related to sexual harassment and/or assault may be subject to additional university disciplinary action. (For more information on sexual assault, see the University Sexual Offense Policy and Procedures and the university's annual Safety and Security Information Report.)

Policy
Definition

Sexual harassment includes, but is not limited to, any unwelcome sexual advances, direct or indirect, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
- submission to or rejection of such conduct is made or is threatened to be made, either explicitly or implicitly, a term of condition of instruction, employment or participation in other university activity;
- submission to or rejection of such conduct by an individual is used or is threatened to be used as a basis for evaluation in making academic or employment decisions affecting that individual; or
- such conduct has the intent, purpose or can reasonably be expected to have the effect of interfering with an individual's academic or professional performance or advancement, or creating an intimidating, hostile or offensive educational, living or working environment.
The university's Sexual Harassment Policy and Procedures also apply to gender harassment. Gender harassment includes verbal or physical harassment which is based on the person's gender but which is not sexual in nature.
It may be a violation of this policy for an administrative, faculty or staff member of the university to offer or request sexual favors, make sexual advances or engage in sexual conduct, consensual or otherwise, while the other individual involved is enrolled in the faculty member's class or is working under the supervision of, or subject to evaluation by, the administrative person, faculty or staff member. In such circumstances, consent may not be considered a defense against a charge of sexual harassment in any proceeding conducted under the university's Sexual Harassment Policy. The determination of what constitutes sexual harassment depends upon the specific facts and the context in which the conduct occurs.

Consensual Relationships
Amorous relationships that might be appropriate in other circumstances present serious difficulties within the university community. Relationships between individuals in inherently unequal positions (such as teacher and student, supervisor and employee) may undermine the real or perceived integrity of the supervision and evaluation process, as well as affect the trust inherent in the educational environment. Consensual romantic or sexual relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint when the relationship gives undue access or advantage to, restricts opportunities of, or creates a hostile and unacceptable environment for one of the parties to the relationship, or for others.

Glossary
In addition to "Sexual Harassment" and "Gender Harassment," which have been defined, this policy uses the following terms:

Complaint: An assertion that a named individual(s) has violated this policy.

Complainant: Any individual(s) making a complaint.

Student: Any person who is enrolled in the university, either on a full or part-time basis.

Faculty: All members of the university community who teach on a full or part-time basis at any campus or other facility.

Staff: All employees of the university community, including support personnel, counselors, university ministers, coaches, resident advisors, graduate students, teaching fellows, tutors and undergraduate course assistants.

Supervisor: Any member of the university community having authority to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees or having the authority to recommend such actions.

Examples of Sexual/Gender Harassment
A. Examples of behavior which may constitute sexual harassment include, but are not limited to, the following:
unwelcome verbal or physical advances of a sexual nature;
requests or subtle pressure, overt or implied, for sexual favors; abusive or threatening behavior directed at a person;
remarks, jokes, comments or observations of a sexual nature which demean or offend individuals on the basis of their sex, provided, however, that such expressions will not be considered sexual harassment if uttered for a valid academic purpose;
gestures or other nonverbal behavior of a sexual nature provided, however, that such expressions will not be considered sexual harassment if based upon a valid academic purpose; and
display or distribution of offensive materials of a sexual nature, provided however, that such expressions will not be considered sexual harassment if used for a valid academic purpose.

B. Examples of gender harassment may include, but are not limited to, the following:
Language or physical conduct which demeans another person because of his/her gender;
Abusive or threatening behavior directed at a person on the basis of his/her gender.

C. Sexual and gender harassment may occur regardless of sexual orientation.

D. Sexual and gender harassment under this policy may be communicated in a variety of ways including, but not limited to, oral pronouncements, notes, letters, faxes, electronic messages, and displays on public workstations.

Sexual Harassment Complaint Procedure

A. Introduction
The following procedures are designed to provide flexibility in reporting for the person complaining of the harassment, while balancing the interests of the accused party and the university's need to obtain the information necessary to resolve these harassment issues in its community.

If you have any questions regarding the policy or procedures, please contact the office of the Executive Vice President for Academic Affairs, the Associate Vice President for Advocacy and Community Relations, the Vice President for Human Resources or the Director, Sexual Harassment Policy Office.

B. Reporting and Resolution
All incidents of sexual harassment or gender harassment should be reported by the complainant to either a person in a supervisory capacity or the Director, Sexual Harassment Policy Office. The reporting of a sexual or gender harassment incident constitutes a complaint. In addition, all members of the community who serve in a supervisory capacity, such as deans, managers, and chairs are responsible for reporting all complaints of sexual harassment to the Director. Complaints will be treated with discretion and will be promptly and thoroughly investigated. The Director may ask the complainant to put the complaint into writing.

Sexual or Gender Harassment can be a grievous action, having serious and far-reaching effects on the lives and careers of individuals. False complaints, that is, allegations made knowing that they are not true, can have similar impact. Intentionally false charges are grounds for discipline, up to and including discharge and/or expulsion. Disciplinary proceedings shall follow applicable procedures as set forth in the DePaul Student Handbook, the DePaul Human Resources Employee Handbook, the DePaul Faculty Handbook, or in relevant collective bargaining agreements.

Further information on sexual or gender harassment, including copies of educational materials and a listing of educational programs, may be found in the office of the Executive Vice President for Academic Affairs, the Office of the Associate Vice President for Advocacy and Community Relations and the Department of Human Resources.

* If a student under the age of 18 reports an incident of sexual harassment to any faculty or staff member, that faculty or staff member is obligated to report the incident to the Director.

C. Confidentiality
DePaul University is committed to balancing the interests of all parties involved in sexual and gender harassment complaints and will attempt to keep the name of the complainant confidential and to respect the rights of the accused harasser. However, the university recognizes that there are certain situations which may require disclosure of information. Further, when credible information received through an investigation shows that there may be violations of other university policies, then the appropriate officials will be notified.

D. The Director, Sexual Harassment Policy Office
The President shall appoint a Director who shall be responsible for resolving all reported complaints of sexual and gender harassment in the university community by working with the appropriate university officials. The Director shall report directly to the Executive Vice President of Academic Affairs regarding these harassment matters. The telephone number of the Director is listed in the university telephone directory. In addition to resolving complaints, the Director shall be responsible for coordinating a university-wide education program on sexual harassment and monitoring compliance with the Sexual Harassment Policy.

E. Investigation Process
The Director, Sexual Harassment Policy Office shall be informed of all reported complaints of sexual or gender harassment. In cases where the person complaining of the harassment (the complainant) and the person complained about (the respondent) are both students, the Associate Vice President for Advocacy and Community Relations, in consultation with the Director, will assume primary responsibility for overseeing the investigation process. In all other cases, the Director shall assume primary responsibility for overseeing the investigation process. The Director shall consult with the Associate Vice President for Advocacy and Community Relations if the complainant or the respondent is a student or with the Vice President for Human Resources if the complainant or the respondent is a staff member.

The university recognizes that many issues relating to sexual and gender harassment are resolved through discussions with and advice from the Director. For example, the complainant may decide to deal with the situation directly by speaking to the respondent, or the complainant may request that another member of the university community, to be chosen by the Director in consultation with the complainant, speak with the respondent. As another example, the complainant and respondent may choose to meet and resolve the matter with the help of the Director.

A complaint may be resolved when there is agreement among the complainant, the respondent and the Director. This resolution may include, but is not limited to: an apology by the respondent; a commitment by the respondent not to repeat the offending behavior and/or to take steps to achieve that goal by, for example, seeking counseling; or, acceptance that no further action is warranted.

F. Further Investigation
The Director, Sexual Harassment Policy Office will conduct further investigations if the complaint is not resolved in the above manner.
When a student is accused of sexual or gender harassment, the nonacademic disciplinary procedures set forth in the Code of Student Responsibility shall apply.

The Director will promptly inform the respondent of the identity of the person who will conduct the investigation and the respondent will be provided with ample opportunity to respond to the complaint. Every reasonable attempt shall be made to resolve all harassment complaints in a timely manner. The investigation will be conducted with discretion; only individuals who may have substantial information directly relevant to the complaint will be interviewed as witnesses. Only university employees who have a need to know the circumstances surrounding the complaint, i.e., those involved in the investigation and resolution of the complaint, will be informed.
If the complaint is found to have no merit or if the facts cannot be established, the complainant and the respondent will be informed, no further action will be taken, and nothing will be placed in the respondent's file.

If, after a full and fair investigation, the Director, together with the appropriate university officials, determines that a member of the university community violated the Sexual Harassment Policy, appropriate action will be recommended, including but not limited to:
reprimand;
disciplinary sanctions;
termination or expulsion; or
training/ education.
No recommendation for action will be made without providing the respondent with an opportunity to respond to all complaints raised against him/her. The respondent will receive timely written notification of the recommendation. Applicable procedures set forth in the DePaul Student Handbook, the DePaul Human Resources Employee Handbook, the DePaul Faculty Handbook or in relevant collective bargaining agreements will apply.

The Director shall keep a separate record of each investigation.

G. Retaliation
No person, including parties and witnesses, exercising his or her rights and/or responsibilities under the Sexual Harassment Policy and Procedures shall be subject to retaliation or threat of retaliation in any form. Retaliation shall include, but is not limited to, those actions directed against an individual on the basis of or in reaction to the exercise of rights accorded and/or defined by this policy which affect a person's employment, advancement, scholarship, performance, habitation, and/or property.

A finding of retaliation or a threat of retaliation shall constitute a separate violation of this policy, subject to separate or consolidated disciplinary procedures, and is not dependent upon a finding of a violation of any other section of the policy. Complaints of retaliation shall be made to the Director, Sexual Harassment Policy Office.

How to File Harassment Complaints

Students
Students who have harassment complaints of any kind (including sexual harassment) against other students should file them with the Associate Vice President for Advocacy and Community Relations, Division of Student Affairs. Students should file sexual harassment complaints against faculty or staff with the Director of the Sexual Harassment Policy Office, and all other harassment or discrimination complaints against faculty or staff with the Office of Institutional Diversity.

Faculty and Staff
All faculty and staff who have sexual harassment or discrimination complaints should file them with the Director of the Sexual Harassment Policy Office or someone in a supervisory capacity. Faculty and staff should file all other harassment or discrimination complaints with the Office of Institutional Diversity.