Consensual Relationships Sexual, romantic, or intimate relationships between persons in an unequal power relationship that appear to be voluntary and welcome may nonetheless constitute sexual harassment under this definition. For further discussion, see Section 3. It is the university's goal to prevent the occurrence of discriminatory and harassing activity and to promptly stop such conduct.
All individuals, even if not considered a responsible employee, are highly encouraged to promptly report such information to a responsible employee or directly to the OIEC. Reports, complaints and other information must be provided in good faith. This provision does not apply to reports made or information provided in good faith, even if the facts alleged in the report are not later substantiated.
Confidential resources are not considered responsible employees pursuant to Section III. If an individual discloses an incident to a responsible employee but wishes to maintain privacy or requests that no investigation be conducted or disciplinary action taken, the responsible employee remains required to report all relevant information to the OIEC Executive Director or designee who will explain that CU-Boulder prohibits retaliation and that CU-Boulder will not only take steps to prevent retaliation but also to take responsive action if it occurs.
If the individual would still like to maintain privacy or requests that no investigation be conducted or disciplinary action taken, the OIEC Executive Director or designee will weigh that request against CU-Boulder's obligation to provide a safe, non- discriminatory environment for all students, faculty and staff.
In making that determination, the OIEC Executive Director or designee will consider a range of factors, including the following if applicable:. The OIEC Executive Director's or designee's decision will be conducted on a case by case basis after an individualized review. If CU-Boulder honors the individual's request for privacy or requests that no investigation be conducted or disciplinary action taken, CU-Boulder's ability to meaningfully investigate the incident and pursue disciplinary action, if appropriate, may be limited, but nonetheless may proceed.
The OIEC Executive Director or authorized designee is responsible for overseeing complaints of discrimination and harassment pursuant to this policy and identifying and addressing any patterns or systemic problems that arise during review of those complaints.
For all matters within the scope of this policy, at a minimum , the OIEC Executive Director or designee shall be specifically responsible and have delegated authority from the Chancellor for the following:. No provision of this policy shall be construed as a limitation on the authority of the disciplinary authority under applicable policies and procedures to initiate disciplinary action;. CU-Boulder shall maintain a written complaint process and procedures providing for prompt and equitable resolution of any discrimination, harassment or retaliation complaints within 60 days, except for good cause with written notice to the complainant and respondent of the delay and reason for the delay.
Any applicable disciplinary procedure must provide a prompt, fair, transparent and impartial process from the investigation to the final results, including a procedure that:. No provision of this policy shall be construed as a limitation on the authority of the disciplinary authority under applicable policies and procedures to initiate disciplinary action. When an alleged violation of this policy involves more than one university campus, the campus with primary disciplinary authority over the respondent shall investigate the complaint pursuant to its applicable complaint process and procedures.
The campus responsible for the investigation may request the involvement or cooperation of any other affected campus and should advise appropriate officials of the affected campus of the progress and results of the investigation. CU-Boulder shall create, provide and publish comprehensive, intentional and integrated programming, initiatives, strategies and campaigns intended to end discrimination and harassment that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to campus community needs and informed by research or assessed for value, effectiveness or outcome.
These programs must also consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels. The programs must include both primary prevention and awareness programs offered to incoming students and new employees and ongoing prevention and awareness campaigns directed at current students, faculty and staff. CU-Boulder shall develop its prevention programs taking into account the particular needs of its students, faculty and staff and shall include:.
Occurs when an individual suffers an adverse consequence on the basis of a protected class. Examples include failure to be hired or promoted or denial of admission to an academic program on the basis of their protected class.
Unwelcome verbal or physical conduct related to one's protected class that unreasonably interferes with an individual's work or academic performance or creates an intimidating or hostile work or educational environment See Hostile Environment as defined below.
Whether a hostile environment exists is determined from both a subjective and an objective perspective. The subjective perspective evaluates whether or not the complainant experienced harassment based on protected class. The objective perspective evaluates whether or not the unwelcome conduct by an individual s against another individual based upon their protected class is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive.
The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating. Simple teasing, offhand comments and isolated incidents unless extremely serious will not amount to hostile environment harassment.
Students, however, should see the policy on Sexual Misconduct, Sexual Assault, and Sexual Harassment Involving Students for specific information regarding their unique rights and responsibilities, including resources and complaint resolution see Resources below.
Iowa State University prohibits discrimination, which can include disparate treatment directed toward an individual or group of individuals based on race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age 40 and over , marital status, sexual orientation, gender identity, genetic information, status as a U. S veteran disabled, Vietnam, or other , or other protected class, that adversely affects their employment or education.
For religion or disability, the law allows employees and students to request reasonable accommodations to continue their work or studies. Iowa State University also prohibits harassment, which can be a form of discrimination if it is unwelcome and is sufficiently severe or pervasive and objectively offensive so as to substantially interfere with a person's work or education. Harassment may include, but is not limited to, threats, physical contact or violence, pranks, jokes, bullying, epithets, derogatory comments, vandalism, or verbal, graphic, or written conduct directed at an individual or individuals because of their race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age, marital status, sexual orientation, gender identity, genetic information, or U.
Even if actions are not directed at specific persons, a hostile environment may be created when the conduct is sufficiently severe or pervasive and objectively offensive so as to substantially interfere with or limit the ability of an individual to work, study, or otherwise to participate in activities of the university. It is the university's goal to prevent the occurrence of discriminatory and harassing activity and to promptly stop such conduct.
A determination as to whether discrimination or harassment has occurred will be based upon the context in which the alleged conduct occurs. For further discussion, see Section 3. Sexual Harassment Sexual harassment, in its legal definition, includes unwelcome sexual advances, requests to engage in sexual conduct, and other physical and expressive behavior of a sexual nature where 1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; 2 submission to or rejection of such conduct by an individual is used, or threatened or suggested to be used, as the basis for academic or employment decisions affecting the individual; or 3 such conduct creates a hostile, intimidating or demeaning environment that is sufficiently severe, pervasive and objectively offensive to substantially interfere with an individual's academic or professional performance.
Determination as to whether the alleged conduct constitutes sexual harassment should take into consideration the totality of the circumstances, including the context in which the alleged incidents occurred. Under this policy, sexual harassment can be verbal, visual, or physical. It can be overt, as in the suggestion that a person could get a higher grade or a raise in salary by submitting to sexual advances.
The suggestion or the advance need not be direct or explicit--it can be implied from the conduct, circumstances, and relationships of the persons involved. Sexual harassment can also consist of persistent, unwelcome attempts to change a professional or academic relationship to a romantic or sexual one. It can range from unwelcome sexual expressions directed at individual persons or classes of people to serious physical abuses such as sexual assault. Examples could include, but are not limited to, unwelcome sexual advances; repeated and unwelcome sexually-oriented bullying, teasing, joking, or flirting; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess, or sexual deficiencies; leering, touching, pinching, or brushing against another's body; or displaying objects or pictures, including electronic images, which are sexual in nature and which create a hostile or offensive work, education, or living environment.
Consensual Relationships Sexual, romantic, or intimate relationships between persons in an unequal power relationship that appear to be voluntary and welcome may nonetheless constitute sexual harassment under this definition. Relationships between faculty and subordinate faculty or staff, between a supervisor and those employees whom he or she supervises, or between a faculty member or teaching assistant and his or her student may give rise to legal and ethical concerns or to conflict between personal and professional interests.
Although such a relationship may be viewed by the parties involved as consensual, that fact alone does not mean that no sexual harassment exists.
In addition, such relationships can result in discrimination or harassment where 1 third parties are adversely affected in academic or employment matters because of a consensual relationship between others; 2 where a consensual relationship creates a hostile and intimidating work or learning environment for third parties; or 3 when a consensual relationship ends, and one of the parties continues behavior which the other party has made clear is now unwelcome.
Racial and Ethnic Harassment Harassment that is directed at a person or group of persons because of race, color, ethnicity, or national origin is covered under this policy. Even if actions are not directed at specific persons, a hostile environment can be created when the conduct is sufficiently severe or pervasive and objectively offensive so as to substantially interfere with the person's work, education, or activities on campus.
Veteran Status, or Other Protected Status Harassment that is directed at a person or group of persons because of any characteristic protected by this policy or local, state or federal law is also covered under this policy. Retaliation Retaliation against an individual for making a complaint of discrimination or harassment, for resisting discrimination or harassment, or for otherwise using or participating in the informal or formal complaint resolution process, is a violation of university policy, and any such action is itself cause for disciplinary action.
In an effort to prevent or stop discriminatory or harassing behavior, the university has adopted specific avenues through which an individual can make his or her complaint known. With issues of discrimination and harassment, it is important to identify and remedy the situation as soon as possible. For this reason, the university has adopted two complaint resolution mechanisms that employees may use to raise discrimination and harassment concerns - informal and formal resolution.
Claims of discrimination and harassment must be brought either as an informal complaint or a formal complaint to ensure that appropriate action can be taken right away. An informal complaint may, but need not be made before filing a formal complaint; however, once a formal complaint has reached resolution, the same complaint cannot be brought as an informal complaint.
Complaints by or against students, on the other hand, are handled differently. All complaints of discrimination or harassment by or against a student should be brought to the dean of students office. The policy on Sexual Misconduct, Sexual Assault, and Sexual Harassment Involving Students see Resources below contains information on support services for students during any complaint resolution process.
To best remedy a situation, complainants are urged to promptly share concerns or complaints rather than risking their wellbeing or negatively affecting the university's ability to investigate their case due to the passage of time and potential departure of witnesses. If a formal complaint contains incomplete information, the Office of Equal Opportunity OEO will promptly seek to gather the needed information from the complainant.
In the event that such information is not furnished to the OEO within 30 days from the date of the request, the case may be closed. Consistent with federal regulations governing the filing of complaints, the OEO may decline to investigate claims in which none of the alleged discrimination or harassing action occurred within the preceding days.
Any employee, student, visitor, applicant, or program participant of Iowa State University may file a complaint alleging discrimination or harassment in violation of the university's policy prohibiting such conduct. In most cases, complaints against affiliates or contractors of Iowa State University must first proceed through the affiliate or contractor before Iowa State University may intervene. Information about the university's policy and resolution procedures may be found in several offices, including the dean of students office, the student counseling service, the women's center, the senior vice president and provost, the employee assistance program, and the OEO.
As described below, the university has designated and trained certain individuals, called discrimination and harassment assistors, to assist a potentially injured person in deciding if and how to proceed and in carrying out that decision.
If informal resolution fails to resolve the matter either party may file a formal complaint with, or seek the assistance of the university's Office of Equal Opportunity OEO. The implementation of this informal process is the responsibility of all central administrators, deans, directors, department chairs, supervisors, and managers - hereinafter referred to collectively as "supervisors" for purposes of this policy.
Under the informal process, the complainant must bring the complaint, either verbally or in writing, to a supervisor with authority over the person against whom the complaint is directed. Because it is often more efficient to resolve matters locally, bringing the informal complaint to a supervisor with immediate authority over the person is useful, but not required. If a complainant is not comfortable speaking with a supervisor, informal complaints may also be raised with the OEO.
To ensure responsiveness and consistent application of this policy, the supervisor must notify the OEO when he or she receives an informal complaint. If the allegations reveal conduct of a severe or repetitive nature, the supervisor or the OEO may deem a formal investigation under section 2. The supervisor is expected to review the complaint and explore avenues for resolution with the complainant.
With the complainant's consent, the supervisor may contact the accused person. Because the OEO can provide assistance through this process, the supervisor is encouraged to consult with the OEO regarding alternatives for resolution. Options for informal resolution may include advising the complainant about methods to resolve the concern, arranging educational programs for individuals or departments, helping modify a work or study situation, mediating between the parties, or intervening or arranging for a third party to intervene.
The informal process is not a formal investigation. A supervisor shall not impose discipline against an accused person as a result of the informal process without first consulting with the OEO, or in the case of a complaint against a faculty member, the office of the senior vice president and provost SVPP. Supervisors should attempt to resolve complaints expeditiously, but consistent with the severity or complexity of the matter.
As a guideline, supervisors should attempt to complete the informal resolution process within three weeks after receipt of the complaint. To ensure responsiveness and consistent application of this policy, the supervisor must notify the OEO as to the resolution of the complaint. In cases of complaints against members of the faculty, the faculty conduct policy provides for mediation by a third party to resolve the complaint when all parties agree.
For purposes of annual reporting, the supervisor shall maintain a written record of the complaint and of the informal resolution process undertaken, taking care to preserve the privacy rights of both the complainant and the alleged offender. Formal Resolution A person who wishes to file a formal complaint must do so in writing as described below. Complaints Against Faculty Members When a person chooses to file a formal complaint against a member of the faculty, he or she may file the written complaint with either the SVPP office or the OEO see details in 2.
In cases where the complainant files a complaint with the OEO, that office will notify the SVPP of the complaint within one business day and coordinate with the faculty review board, as required by the faculty conduct policy. The faculty review board will conduct its own investigation or work in conjunction with an investigator and make recommendations to the SVPP. Complaints Against Others A person who believes that she or he has been subjected to harassment or discrimination may file a formal complaint with the university's Office of Equal Opportunity OEO.
A formal complaint with the OEO involves completing an intake form and submitting a written, signed statement describing the incident or incidents as completely as possible.
Specific guidelines for the submission of a complaint may be obtained from the OEO, and the complainant may visit with a staff member of that office prior to filing a formal complaint. Once a complaint is filed with the Office of Equal Opportunity, it will be assessed and, if an investigation is warranted, the case will be assigned for investigation to a staff member or designee.
A complaint against the president will be referred to the board of regents for investigation and disposition. The person against whom the complaint is filed will be notified.
Each investigation will necessarily be different depending on the facts, circumstances, and witnesses. Generally, an investigation will include interviews with the complainant or complainants, with the person against whom the complaint has been brought, and with anyone else who might have information that would be helpful.
The supervisor to whom the Office of Equal Opportunity reported must notify that office as to whether he or she accepts the findings as well as what action, if any, has been or will be taken.
Ideally, anti-harassment language will be wrapped into a non-discrimination policy. Non-Discrimination/Equal Employment Opportunity Policies An employer's non-discrimination policy, or equal employment opportunity policy, typically covers conditions of employment including hiring, promotions, termination and compensation. Discrimination Policies Age Discrimination Disability Discrimination Equal Pay and Compensation Discrimination National Origin Discrimination Pregnancy Discrimination Race/Color Discrimination Religious Discrimination Retaliation Policy Sex-Based Discrimination Sexual Harassment Genetic Information Discrimination. Consequently, Iowa State University is committed to assuring that its programs are free from prohibited discrimination and harassment based upon race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age (40 and over), marital status, sexual orientation, gender identity, genetic information, status as a U.S. veteran (disabled, Vietnam, or other), or any other status protected by .