The Rice Thresher (Houston, Tex.), Vol. 79, No. 13, Ed. 1 Friday, November 22, 1991 Page: 8 of 20
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8 FRIDAY, NOVEMBER 22, 1991 THE RICE THRESHER
Sexual Harassment Policy, Revisions
Editor's note: The following is the text of the
revised draft of the sexual harassment
policy. Changes are indicated in bold
Policy Statement—It is the policy of
Rice University to provide an environ-
ment that is free from sexual harassment
Such conduct seriously undermines the
atmosphere of trust and respect that is
essential to a healthy work and academic
environment
This policy applies to all members of
the university community, who are en-
couraged to report promptly complaints
about sexual harassment Persons found
to be in violation of this sexual harassment
policy shall be subject to disciplinary ac-
tion which may include, but is not limited
to, oral or written warning, demotion,
transfer, suspension or dismissal.
Legal Authority—Sexual harass-
ment is a form of sex discrimination
which is prohibited by Title VII of the
Civil Rights Act of 1964, by Title IX of
die Education Amendments of 1972,
and by the Texas Commission on
Human Rights Act. Rice University's
Equal Opportunity/Affirmative Action
Policy also prohibits sex discrimina-
tion.
Definition—Sexual harassment may
involve the behavior of a person of either
gender against a personof die opposite or
same sex, and occurs when such behav-
ior constitutes unwelcome sexual ad-
vances, unwelcome requests for sexual
favors, and other unwelcome verbal or
physical behavior of a sexual nature
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1) Submission to such conduct is made
either explicitly or implicitly a term or
condition of an individual's education or
employment;
2) Submission to or rejection of such
conduct by an individual is used as the
basis for academic or employment deci-
sions affecting the individual's welfare; or
3) Such conduct has the purpose or
effect of substantially interfering with an
individual's welfare, academic or work
performance, or creates an intimidating,
hostile, offensive, or demeaning education
or work environment
A third party may also file a complaint
under this policy if the sexual conduct of
others in the education or work environ-
ment has the purpose or effect of sub-
stantiality interfering with die individual's
welfare, academic or work performance.
Examples of Prohibited Behavior—
Prohibited acts that constitute sexual
harassment may take a variety of
forms. Examples of the kind of con-
duct that may constitute sexual ha-
rassment include, but are not limited
to:
1) Unwelcome sexual propositions,
invitations, solicitations and flirtations;
2)Threats or insinuations that a
person's employment, wages, academic
grade, promotional opportunities, class-
room or work assignments or other con-
ditions of employment or academic life
may be adversely affected by not sub-
mitting to sexual advances;
3) Unwelcome verbal expressions of a
sexual nature, including graphic sexual
-commentaries about a person's body,
dress, appearance, or sexual activities;
the unwelcome use of sexually degrading
language, jokes or innuendoes; unwel-
come suggestive or insulting sounds or
whistles; obscene phone calls;
4) Sexually suggestive objects, pic-
tures, videotapes, audio recordings or
literature, placed in the work or study
area, that may embarrass or offend indi-
viduals;
5) Unwelcome and inappropriate
touching, patting or pinching; obscene
gestures.
6) Consensual sexual relationships
when such relationships lead to favoritism
of a student or subordinate employee with
whom the teacher or superior is sexually
involved with such favoritism adversely
affects other students and/or employees.
A complaint whose allegations are
found to be both false and brought with
malicious intent will be subject to disci-
plinary action.
Responsibility—Individuals who are
aware of or have experienced an in-
cident of sexual harassment should
promptly report the matter to one of
die officials listed to receive informal
or formal complaints. Those officials
will take prompt action.
Non-Reprisal—No faculty, adminis-
trator or staff, applicant for employ-
ment, student or member of the public
may be subject to restraint, interfer-
ence, coercion or reprisal for action
taken in good faith to seek advice
concerning a sexual harassment
Revisions
FROM PAGE 1
mention of an abstract will be made
in this go-round of the policy, since
none of the administrators asked to
review the revisions gave feedback
on the issue, Grandy said the AAC
will discuss the matter in two meet-
ings.
The committee seems to be treat-
ing the issue seriously. At the same
time, their call for input on the sexual
harassment policy draft is a perfect
opportunity for community members
to give their opinions on the matter.
The University Court and the
Honor Council are required to make
public abstracts on every case they
hear. These abstracts are available in
Fondren Library.
Opponents of abstracts for sexual
harassment cases say getting people
to report harassment is one of the
biggest hurdles in the way of a func-
tioning policy.
Publishing abstracts in such a
small community, they say, would
seriously endanger confidentiality,
which would discourage reports of
harassment
Those in favor of abstracts argue
that the university should be ac-
countable for the decisions it makes,
and that community members should
"know what is expected of them and
what the possible consequences of
their actions are.
Secondly, they argue that in such
a small community, rumors quickly
get out of hand. Abstracts would dis-
pel these rumors, they say.
matter, to file a sexual harassment
complaint, or to serve as a witness in
the investigation of a sexual harass-
ment complaint
PROCEDURES
Information, Counseling, and Infor-
mation Resolution—Anyone may seek
advice, information or counseling on mat-
ters related to sexual harassment without
having to lodge a formal complaint Such
informal discussions can be handled by
the Co-Directors of Equal Employment
Opportunity Programs, Director of Hu-
man Resources, College Masters, the
Dean of Students, the Director of M inority
Affairs, or the Director of International
Services.
At this stage of the process, the person
seeking information and advice will be
counseled as to the options for action
available under this policy. To the extent
possible, information disclosed through
this advising process will be held in con-
fidence, unless and until the initiating
individual agrees that addition people
must be informed in order to facilitate a
solution. Mediation or other appropriate
action to address the situation and effect
an informal resolution may be possible
without disclosing the identity of the ini-
tiating individual. The aim of informal
complaint resolution is to ensure that the
alleged offending behavior ceases and
that the matter is resolved promptly at the
lowest possible level.
Formal Complaint Resolution—The
filing of a formal complaint is required for
the matter to be formally investigated and
a determination made as to whether a
violation of the University policy prohib-
iting sexual harassment has occurred.
Formal complaint of sexual harass-
ment against a member of the faculty or
staff are filed in writing with the Office of
Equal Employment Opportunity Pro-
grams (EEOP). Those wishing to bring
formal complaint of sexual harass-
ment against a student should inform
the Dean of Students who will either
refer the case to the University Court
or, with the concurrence of the Chair
of the University Review Board, will
assume original jurisdiction. The Co-
Director of EEOP or the Dean of
Students receiving the complaint will
conduct a full, impartial and timely
investigation.
A person bringing a formal com-
plaint alleging that unwanted sexual
behavior created a hostile environ-
ment will be expected to show that the
accused was on notice that the be-
havior was unwelcome or had no
reason to believe that the behavior
would be welcome.
The Co-Director of EEOP or the Dean
of Students, if she/he assumes original
jurisdiction, will provide the respondent
with awritten statement of the allegations,
to which that individual will be required
to respond in a timely manner. During the
course of the investigation the Co-Direc-
tor or the Dean of Students will hear the
complaint, the respondent and witnesses
identified by each party. To the extent
possible, complaints will be handled
confidentially, with the facts made
available only to those who have a
compelling need to know for purposes
of investigation or resolution.
At the conclusion of the investigation
of a complaint against a faculty or staff
member, the Co-Director of EEOP-will
present to the appropriate administrative
official (s) a written report which will in-
clude the allegations, the investigatory
process, the evidence in the case, the
persuasiveness of the evidence, the con-
sistency of the testimony, and the cred-
ibility of the witnesses. The university
administrator will make a determination
as to whether there was a violation of
policy, will take necessary action and will
inform the complainant and the respon-
dent of the final disposition of the com-
plaint In a case involving a complaint
against a student, the Dean of Students
will prepare a written report and will take
appropriate administrative action.
At any time after filing a formal com-
plain, but before the Co-Director's report
is submitted, or the Dean of Students has
taken action, either the complainant or
respondent if either person is an em-
ployee or student of the University, may
request that the Co-Director of EEOP or
the Dean of Students refer the matter to a
panel of inquiry.
Panel of Inquiry—hi the beginning of
each academic year, a pool of faculty, staff
and students will be created on the basis
of nominations from the Student Associa-
tion, the Graduate Student Association,
the Office of Human Resources and the
Faculty Council. The panels of inquiry are
drawn from this pool, each panel compris-
ing a chair plus four members, two male
and two female, selected by the President
of the University as follows:
1) When both parties in a alleged
incident are students, the panel will
comprise a faculty chair plus two faculty
and two student members.
2) When both parties are members of
the faculty, the panel will be made up of
faculty members. •
3) When both parties are members of
staff, the panel will be made up of mem-
bers of staff.
4) When the parties are from different
constituencies, the panel will have a fac-
ulty chair plus two members from each of
the two constituencies.
With respect to complaints brought
by third parties, it is not the employee or
student status of the complainant but
rather the status of the subjects of the
complaint that will determine the com-
position of the panel.
The chair will normally be non-voting,
but will cast the tie-breaking vote when
necessary.
The purpose of the panel of inquiry is
to determine, to the best of its ability, the
facts regarding the alleged sexual ha-
rassment The panel will hear the com-
plainant the respondent, and witnesses
identified by each party, and will examine
all evidence itdeems necessary. The rights
ofboth parties will be observed and privacy
and confidentiality will be protected to
the extent possible
At the conclusion of its investigation,
the panel will issue a written report to the
appropriate administrator. Specifically in
case 1) above, the report will be forwarded
-to the Dean of Students, in case 2) to the
Provost and in case 3) to the Vice Presi-
dent for Finance and Administration. In
all other cases, the reports will be for-
warded to the two appropriate adminis-
trators. The panel's report will detail the
allegations, die evidence in the case, the
persuasiveness of the evidence, the con-
sistency of the testimony, and the cred-
ibility of the witnesses. The appropriate
administrator (s) will determine whether
there has been a violation of the
University's policy prohibiting sexual
harassment and will take whatever dis-
ciplinary action is indicated.
George RuppTPresident
On November 18 and 19, Rice
University hosted the Texas State
Senate Interim Committee on
Health and Human Services en-
gaged in Private Psychiatric Insti-
tutions and Guardianship Ques-
tions. The purpose of this sub-
committee, headed by Senator
Moncrief (center) from Fort Worth
and staffed by Senator Zaffirini
(right) from Laredo and Senator
Harris from Arlington, was to in-
vestigate abuses within mental
health institutions. Seen above,
they are questioning Dr.
Hutchinson of Bellaire.
The committee considered two
main topics—guardianship and re-
ferrals. These questionsarose from
the main Senate committee on
Health and Human Services
headed by Senator Chet Brooks,
whose preliminary investigations,
sparked Dy local publicity of pos-
sible problems, determined that
this special subcommittee should
be formed and should tour the
state. Houston is the second stop
on the subcommittee's tour of the
state.
Rice University acquired the
distinction of hosting the sub-
comrffiree through no particular
lobbying efforts. The Senate Office
contacted Rice requesting use of
the facilities.
Information compiled by Jeff
Druck.
p. _
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Zitterkopf, Ann & Howe, Harlan. The Rice Thresher (Houston, Tex.), Vol. 79, No. 13, Ed. 1 Friday, November 22, 1991, newspaper, November 22, 1991; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth245798/m1/8/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Rice University Woodson Research Center.