Project Safe | Sexual Harassment

"Quid pro qou"

Sexual Harassers

Grievances

Sexual Harassment

All information obtained from http://www.vanderbilt.edu/odc/index.htm

What is Sexual Harassment?
Sexual harassment is a form of sex discrimination that is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. The courts have defined two types of sexual harassment: "quid pro quo" and "hostile environment."

What is "quid pro quo" sexual harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "quid pro quo" sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or grade, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or classroom decisions affecting such individual.

What is "hostile environment" sexual harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "hostile environment" sexual harassment when such conduct has the purpose or effect of unreasonably interfering with an individuals work or class performance or creating an intimidating, hostile, or offensive working or classroom environment.

What is unwelcome sexual conduct?
Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee or student did not solicit or incite it, and in the sense that the employee or student regarded the conduct as undesirable or offensive.

Who can be a victim of sexual harassment?
The victim may be a woman or a man. The victim does not have to be of the opposite sex. The victim does not have to be the person harassed but anyone affected by the offensive conduct.

Who can be a sexual harasser?
The harasser may be a woman or a man. He or she can be the victim's supervisor, an agent of the employer, professor (or anyone in that role), supervisor in another area, a co-worker, or a non-employee.

What should a sexual harassment victim do?
The victim should directly inform the harasser that the conduct is unwelcome and must stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed. However, the victim of harassment need not always confront his/her harasser directly, so long as his/her conduct demonstrates that the harasser's behavior is unwelcome. If these methods are ineffective, the victim should contact the ODC as soon as possible.

Grievances

1. What are the steps in the grievance review process for staff members?
The steps of the grievance review process are found in Chapter 14 of the Staff Handbook on the Human Resource Services Web Site. This process is available to regular and term staff members who have completed their initial orientation period. It is used to appeal actions that arise out of the administration of a specific University or departmental policy or practice including formal disciplinary warning or termination of employment for misconduct or unsatisfactory performance. An outline of the process is listed below. Detailed explanations are available in the Staff Handbook.

Step I Department Review
Step 2 Grievance Hearing
Step 3 Staff Panel Appeal
Step 4 Final Determination

If your complaint alleges unlawful discrimination, the Opportunity Development Center will investigate the grievance and seek to help resolve the matter.

2. What are the steps in the grievance review process for students?
A complaint should be directed as soon as possible to the person or persons whose actions or inactions have given rise to the complaint and not later than six months after the event. For example, if the complaint concerns a grade, the student should first confer with the course instructor. Every effort should be made to resolve the problem fairly and promptly usually within thirty (30) days, at this level. If the complaint involves allegations of sexual harassment, this step may not be appropriate. In addition, in a complaint alleging unlawful discrimination, the Opportunity Development Center (ODC) should be consulted as soon as possible. The Opportunity Development Center will conduct an investigation of the allegations, usually within ninety (90) work days, will issue a finding to the appropriate University official, and will seek to resolve the matter. If the ODC is unable to complete the investigation within this time period, then the ODC will contact the complainant and provide an estimated time frame for completing the investigation.

If the student is not able to resolve the complaint satisfactorily at this level, he or she may appeal the decision within thirty (30) days through the appropriate administrative channels of the academic or administrative unit, through the level of the Provost or appropriate vice chancellor. Students uncertain about the proper channels or process are encouraged to seek advice from the Office of the Provost, offices in the Division of Student Life, the office of the dean of their school, and/or their faculty advisers. If the student is not satisfied with the resolution proposed by ODC, then the student may pursue the Grievance Procedure (for more about the Grievance Procedure, consult http://www.vanderbilt.edu/student_handbook/Policies_and_Regulations.htm#Sexual_Harassment

In compliance with federal law, including the provisions of Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, Vanderbilt University does not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability, or military service in its administration of educational policies, programs, or activities; its admissions policies; scholarship and loan programs; athletic or other University-administered programs; or employment. In addition, the University does not discriminate on the basis of sexual orientation consistent with University nondiscrimination policy. Inquiries or complaints regarding these issues should be directed to the Opportunity Development Officer, Baker Building, Box 1809, Station B, Nashville, TN 37235. Telephone (615) 322-4705 (V/TDD); Fax (615) 343-4969.