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Harvard University Sexual and Gender-Based Harassment Policy

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Harvard University Sexual and Gender-Based Harassment Policy 2017 POLICY STATEMENT HARVARD UNIVERSITY SEXUAL AND GENDER-BASED HARASSMENT POLICY Harvard University is committed to maintaining VII of the Civil Rights Act of 1964, which of this Policy may result in the imposition of a safe and healthy educational and work prohibits discrimination on the basis of sex sanctions up to, and including, termination, environment in which no member of the in employment; and Massachusetts laws that dismissal, or expulsion, as determined by the University community is, on the basis of sex, prohibit discrimination on the basis of sex, sexual appropriate officials at the School or unit. sexual orientation, or gender identity, excluded orientation, and gender identity. It does not from participation in, denied the benefits of, or preclude application or enforcement of other Retaliation against an individual for raising an subjected to discrimination in any University University or School policies. allegation of sexual or gender-based harassment, program or activity. Gender-based and sexual for cooperating in an investigation of such harassment, including sexual violence, are forms It is the policy of the University to provide a complaint, or for opposing discriminatory of sex discrimination in that they deny or limit educational, preventative and training programs practices is prohibited. Submitting a complaint an individual’s ability to participate in or benefit regarding sexual or gender-based harassment; that is not in good faith or providing false or from University programs or activities. to encourage reporting of incidents; to misleading information in any investigation of prevent incidents of sexual and gender-based complaints is also prohibited. This Policy is designed to ensure a safe and harassment from denying or limiting an non-discriminatory educational and work individual’s ability to participate in or benefit Nothing in this Policy shall be construed environment and to meet legal requirements, from the University’s programs; to make to abridge academic freedom and inquiry, including: Title IX of the Education Amendments available timely services for those who have principles of free speech, or the University’s of 1972, which prohibits discrimination on the been affected by discrimination; and to provide educational mission. basis of sex in the University’s programs or prompt and equitable methods of investigation activities; relevant sections of the Violence and resolution to stop discrimination, remedy Against Women Reauthorization Act; Title any harm, and prevent its recurrence. Violations DEFINITIONS could constitute discrimination on the basis • Requests for sexual favors in exchange of sex. for actual or promised job benefits, such as favorable reviews, salary increases, A hostile environment can be created by promotions, increased benefits, or continued SEXUAL HARASSMENT persistent or pervasive conduct or by a single employment severe episode. The more severe the conduct, • Lewd or sexually suggestive comments, jokes, Sexual harassment is unwelcome conduct the less need there is to show a repetitive series innuendoes, or gestures of a sexual nature, including unwelcome of incidents to prove a hostile environment. sexual advances, requests for sexual favors, Sexual violence, including rape, sexual assault, • Stalking and other verbal, nonverbal, graphic, or and domestic and dating violence, is a form of physical conduct of a sexual nature, when: (1) sexual harassment. In addition, the following Other verbal, nonverbal, graphic, or physical submission to or rejection of such conduct is conduct may violate this Policy: conduct may create a hostile environment if the made either explicitly or implicitly a condition conduct is sufficiently persistent, pervasive, or • Observing, photographing, videotaping, or of an individual’s employment or academic severe so as to deny a person equal access to making other visual or auditory records of standing or is used as the basis for employment the University’s programs or activities. Whether sexual activity or nudity, where there is a decisions or for academic evaluation, grades, the conduct creates a hostile environment may reasonable expectation of privacy, without the or advancement (quid pro quo); or (2) such depend on a variety of factors, including: the knowledge and consent of all parties conduct is sufficiently severe, persistent, or degree to which the conduct affected one or pervasive that it interferes with or limits a • Sharing visual or auditory records of sexual more person’s education or employment; the person’s ability to participate in or benefit from activity or nudity without the knowledge type, frequency, and duration of the conduct; the University’s education or work programs or and consent of all recorded parties and the relationship between the parties; the activities (hostile environment). recipient(s) number of people involved; and the context in • Sexual advances, whether or not they involve which the conduct occurred. Quid pro quo sexual harassment can occur physical touching whether a person resists and suffers the • Commenting about or inappropriately threatened harm, or the person submits and touching an individual’s body avoids the threatened harm. Both situations 1 SEXUAL AND GENDER-BASED HARASSMENT POLICY Unwelcome Conduct JURISDICTION Officer or School or unit Title IX Coordinator, have a Conduct is unwelcome if a person (1) did need to know. not request or invite it and (2) regarded the Should individuals desire to discuss an incident unrequested or uninvited conduct as undesirable This Policy applies to sexual or gender-based or other information only with persons who or offensive. That a person welcomes some harassment that is committed by students, are subject to a legal confidentiality obligation sexual contact does not necessarily mean that faculty, staff, Harvard appointees, or third parties, or prohibition against reporting, they should person welcomes other sexual contact. Similarly, whenever the misconduct occurs: that a person willingly participates in conduct ask University officers for information about 1. On Harvard property; or on one occasion does not necessarily mean that such resources, which are available both at the the same conduct is welcome on a subsequent 2. Off Harvard property, if: University and elsewhere. University officers are available to discuss these other resources and to occasion. a) the conduct was in connection with a University assist individuals in making an informed decision. or University-recognized program or activity; or Whether conduct is unwelcome is determined b) the conduct may have the effect of creating based on the totality of the circumstances, a hostile environment for a member of the VIOLATIONS OF including various objective and subjective factors. University community. The following types of information may be helpful OTHER RULES in making that determination: statements by any witnesses to the alleged incident; information MONITORING AND about the relative credibility of the parties and The University encourages the reporting of all witnesses; the detail and consistency of each CONFIDENTIALITY concerns regarding sexual or gender-based person’s account; the absence of corroborating harassment. Sometimes individuals are hesitant information where it should logically exist; to report instances of sexual or gender-based information that the Respondent has been found A variety of resources are available at the harassment because they fear they may be charged to have harassed others; information that the University and in the area to assist those who have with other policy violations, such as underage alcohol consumption. Because the University Complainant has been found to have made false experienced gender-based or sexual harassment, has a paramount interest in protecting the well- allegations against others; information about including sexual violence. being of its community and remedying sexual or the Complainant’s reaction or behavior after gender-based harassment, other policy violations the alleged incident; and information about any Individuals considering making a disclosure to University resources should make sure they have will be considered, if necessary, separately from actions the parties took immediately following the allegations under this Policy. incident, including reporting the matter to others. informed expectations concerning privacy and confidentiality. The University is committed to In addition, when a person is so impaired or providing all possible assistance in understanding incapacitated as to be incapable of requesting these issues and helping individuals to make an RESOURCES TO ADDRESS or inviting the conduct, conduct of a sexual informed decision. SEXUAL AND GENDER-BASED nature is deemed unwelcome, provided that the Respondent knew or reasonably should have It is important to understand that, while the HARASSMENT known of the person’s impairment or incapacity. University will treat information it has received with The person may be impaired or incapacitated as a appropriate sensitivity, University personnel may result of drugs or alcohol or for some other reason, nonetheless need to share certain information with UNIVERSITY RESOURCES such as sleep or unconsciousness. A Respondent’s those at the University responsible for stopping or Harvard has designated over 50 Title IX impairment at the time of the incident as a result preventing sexual or gender-based harassment. For example, University officers, other than those who Coordinators
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