The University is committed to creating a welcoming and respectful work and educational environment that is free from sexual harassment, and the University provides comprehensive support, education, and reporting mechanisms to all members of the University community.
All members of the University community are prohibited from engaging in sexual harassment and retaliating against individuals based on their participation in a sexual harassment investigation. When they learn about incidents of sexual harassment, University employees who are supervisors must take prompt remedial action to respond to any concerns including referring the matter to relevant internal options.
Any individual who believes they have been subjected to sexual harassment or retaliation for reporting sexual harassment can report their concerns to the Office for Equal Opportunity and Affirmative Action (EOAA) or the relevant internal office for investigation, problem solving, dispute resolution and potential disciplinary action, up to and including termination against perpetrators. Victim survivor services are also available to provide additional support.
No one acting on behalf of the University may retaliate against an individual for having made a report in good faith under this policy or participated in a sexual harassment investigation. Any employee who engages in retaliation may be subject to disciplinary action up to and including termination of employment. Reports of retaliation will be reviewed and investigated in the same manner in which other allegations of misconduct are handled. This provision aligns with Board of Regents Policy: Code of Conduct.
REASON FOR POLICY
To implement Board of Regents Policy: Sexual Harassment and Student Conduct Code, as well as to comply with the law in the employment context by Title VII of the 1964 Civil Rights Act, in the education context by Title IX of the Educational Amendments of 1972 and in both the employment and educational contexts by the Minnesota Human Rights Act.
This policy prohibits the conduct covered by this administrative policy and establishes procedures for reporting incidents of sexual harassment and retaliation. The commitment of the entire University to this policy contributes to our goal of creating an inclusive campus climate including the active prevention, awareness of and response to sexual harassment.
- Member of University Community
- Any University of Minnesota faculty member, student, or staff member, or other individual engaged in any University activity or program.
- Sexual Harassment
- Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement in any University activity or program; (2) submission to or rejection of such conduct by an individual is used as the basis of employment or academic decisions affecting this individual in any University activity or program; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive work or academic environment in any University activity of program.
- Any form of intimidation, reprisal or harassment against an individual because the individual has made a report of sexual harassment or has participated in an investigation of sexual harassment by or of a University community member including (1) firing, refusing to hire, or refusing to promote the individual; (2) departing from any customary employment or academic practice regarding the individual; (3) transferring or assigning the individual to a lesser position in terms of wages, hours, job classification, job security, employment or academic status, (4) informing another student, staff, or faculty member who does not have a need to know that the individual has made a complaint or participated in an investigation of a complaint of sexual harassment; and (5) impeding the individual's academic advancement in any University activity or program.
- Equal Opportunity and Affirmative Action
- Policy oversight and complaint services, consultation regarding allegations and investigation of allegations against employees. Investigation of incidents of sexual harassment by students against students.
- Human Resources
- Internal inquiry and problem solving, consultation and guidance to supervisors.
- Office for Conflict Resolution
- Confidential resolution alternatives and formal hearing process.
- Student Conduct Offices
- Informal resolution process and hearing procedure.
- Board of Regents Policy: Code of Conduct
- Board of Regents Policy: Sexual Harassment
- Board of Regents Policy: Student Conduct Code
- Administrative Policy: Sexual Assault, Relationship Violence and Stalking
- January 2014 - 1. Specifies reporting options for individuals (employees and students) who believe they are being harassed. 2. Addresses the prohibition of retaliation for reporting harassment or participating in a sexual harassment investigation.