Policy Against Unlawful Harassment
The Foundation is committed to providing a work and an educational environment that is free of sexual harassment, as well as other unlawful harassment based on such factors as race, color, gender, religion, national origin, ancestry, age, medical condition, including pregnancy, marital status, sexual orientation, physical or mental disabilities, or veteran status. In keeping with this commitment, the Foundation maintains a strict policy that prohibits unlawful harassment of employees by managers, supervisors, or co-workers and students by teachers, coaches, counselors and peer advisors. Visitors to the campus and workers employed by the University, other auxiliaries, and other public or private organizations engaged in business with the Foundation are expected to comply with this policy. The purpose of this policy is to: (1) familiarize Foundation employees with the definition of unlawful harassment and the forms it can take; (2) confirm that unlawful harassment will not be tolerated and is contrary to the standards of conduct expected and required of Foundation employees; and (3) make clear that employees who engage in unlawful harassment are subject to possible disciplinary action which may include discharge.
Definition of Harassment
For the purposes of this policy, unlawful harassment means harassment on the job that is in fact prohibited by provisions of state or federal law applicable to the Foundation at the time the harassment occurs. Subject to this general definition, unlawful harassment may include unwelcome verbal, physical or visual conduct that unreasonably interferes with an employee's or student's performance, or that creates an intimidating, offensive or hostile working or educational environment. This may occur where:
- Submission to the conduct is explicitly or implicitly made a term or condition of an individual's employment or education.
- Submission to or rejection of the conduct by the individual is used as the basis of employment or educational decisions affecting the individual.
- The conduct has the purpose or effect of having a negative impact upon the individual's work performance or of creating an intimidating, hostile or offensive work or educational environment.
Under most circumstances, harassment refers to the type of conduct that is pervasive, repetitive, and that is sufficiently severe to alter the conditions of an employee's employment or a student's education or employment. It also may refer to a single incident that is sufficiently outrageous or harmful, in and of itself, that it substantially alters the conditions of an employee's employment or interferes with that individual's ability to perform job related responsibilities.
Employees also should not confuse harassment with supervision. Supervisors have the right and responsibility to define the job that they want an employee to perform, as well as the manner in which an employee must perform that job. Thus, close supervision of an employee (which includes, but is not limited to, counseling and warnings about job performance, inappropriate conduct, or other performance issues) is not considered to be an example of unlawful harassment.
Examples of Harassment
Harassment can take many forms and will vary with the particular circumstances. Examples of unlawful sexual harassment prohibited by this policy may include, but are not limited to, the following: unwanted flirtations, advances and/or propositions of a sexual nature; deprecating remarks, insults, humor, jokes and/or anecdotes that belittle or demean an individual's body or clothing; unwelcome and/or offensive displays of sexually suggestive objects or pictures; unwelcome and offensive touching, such as patting, pinching, hugging or repeated brushing against an individual's body; sexual assault; and/or suggestions that submission to or rejection of sexual advances will affect decisions regarding such matters as an individual's work assignments, status, salary, benefits or other terms or conditions of employment.
Conduct that is part of a consensual relationship is not considered harassment, only if the relationship is freely and mutually agreed to by both individuals. A prior consensual relationship does not permit subsequent unwelcome or unwanted harassment.
Reporting and Complaint Procedure
Employees and students are encouraged to report incidents of inappropriate or unwelcome conduct whenever it occurs. Employees and students are not required to wait for the conduct to be repeated or to worsen. Any incident of unlawful harassment, by any Foundation employee or any other person, should be reported promptly to the employee's supervisor or manager and/or to the Director of Human Resources, who will arrange for an investigation of the matter. Managers who receive complaints or who observe harassing conduct are required to immediately inform the Director of Human Resources. Employees or students may contact Human Resources directly and are not required to complain first to their supervisor.
All complaints of unlawful harassment are taken seriously, and are promptly and objectively investigated. For example, an investigation may include interviews of individuals who might have information pertaining to the alleged harassment. If the Foundation begins an investigation, an effort will be made to keep the investigation, including the names of complaining employees and witnesses, confidential to the extent possible. In the same way, anyone involved in an investigation of harassment has an obligation to keep all information about the investigation confidential. The Foundation will only share information about a complaint of harassment with those who need to know about it. Failure to keep information about an investigation confidential may result in disciplinary action.
In some instances, an employee or a student may approach Human Resources and informally discuss whether certain conduct might constitute unlawful harassment, without filing a formal complaint. Nevertheless, even if a formal complaint has not been filed, it is the Foundation's policy that reported complaints of unlawful harassment will be investigated.
When the investigation has been completed, the Foundation will normally communicate the results of the investigation to the complaining employee or student, to the alleged harasser and, if appropriate, to others who are directly involved. If the Foundation's Policy Against Unlawful Harassment is found to have been violated, appropriate corrective action, up to and including termination, will be taken against the harasser so that further harassment will be prevented. In some situations, mediation may be the appropriate remedy. Mediation includes, but is not limited to, steps that will enable everyone involved to find a mutually agreeable solution that stops the harassing behavior. Both the rights of the alleged harasser and the complainant will be considered in any investigation and subsequent action.
No Retaliation
It is the obligation of all employees to cooperate fully in the investigation process. In addition, disciplinary action may be taken against any employee who is uncooperative or who attempts to discourage or prevent an employee from using the Foundation's complaint procedure to report unlawful harassment. Retaliation by a Foundation employee against any individual who makes a complaint of unlawful harassment is strictly prohibited. Similarly, no retaliation will occur to any person who participates or cooperates in any manner in an investigation or any other aspect of the process described herein. Retaliation is itself a violation of this policy and is a serious offense. Complaints regarding allegations of reprisal should be immediately brought to the attention of the Director of Human Resources.
Support
There are many support services available to employees and students who feel they have been, or are being, unlawfully harassed. At the Foundation, such support services for non-student employees may include the Employee Assistance Program (EAP), or Campus Police. Students at SDSU who are also employees of the Foundation may also seek assistance from the Office of Counseling and Psychological Services, the Office of the Ombudsmen, the Women's Resource Center, and Student Health Services. The Foundation also provides training programs aimed at preventing unlawful harassment through proper education of its employees and supervisors.
Other People to Contact
The Office of Diversity and Equity ("D&E Office") is the office at the University that is designated to coordinate the University's response to complaints of unlawful harassment. Complaints of harassment may be reported to the D&E Office. The D&E Office may document the complaint and redirect the complainant to the appropriate employer, including the Foundation. Any report of unlawful harassment to an officer of the University is considered a report to the University. Those officers are listed on the D&E Office website on the SDSU Homepage. However, neither the officers of the University nor the D&E Office coordinate the Foundation's response to complaints. Notice to the D&E Office or a University official does not constitute notice to the Foundation. Therefore, conversations with persons other than professional staff in the Foundation Human Resources Department do not constitute notice to the Foundation of unlawful harassment.
Corrective Action
If unlawful harassment of or by a Foundation employee is established, the Foundation will take action that is reasonably calculated to stop the harassment. In cases in which the alleged harasser is not an employee or student, the Foundation will take action to minimize the recurrence of any unlawful behavior.
Discipline that the Foundation or the University may impose on employees for behavior that violates this policy (or for other unprofessional conduct by a faculty, teacher, coach, counselor or staff member) may include, but is not limited to, reprimand, mandatory attendance at an unlawful harassment training program, suspension, demotion, or dismissal. Unlawful harassment by non-employees may result in restricting the harasser's access to campus.
Further Information
The Foundation provides its employees with the Foundation's Policy Against Unlawful Harassment and with a pamphlet concerning information on sexual harassment in the workplace. If you have any questions concerning this Policy, please feel free to contact the Foundation Office of Human Resources.
Revised October 1993, December 1999, March 2005, April 2005