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1/13/2016SEXUAL AND GENDER-BASED HARASSMENT POLICYAND PROCEDURESFORTHE FACULTY OF ARTS AND SCIENCESHARVARD UNIVERSITYI.II.III.IV.TABLE OF CONTENTSVII.IntroductionFAS Sexual and Gender-Based Harassment PolicyOther Sexual and Gender-Based MisconductConduct in Relationships Between Individuals of Different University StatusA. Prohibited Sexual Relations With StudentsB. Relationships Between Individuals of Different University StatusC. Relationships Between StaffInformation Sharing and ConfidentialityProcedures for Implementing Sexual and Gender-Based Harassment Policy,Including for DisciplineA. IntroductionB. Requests for Information and AdviceC. Procedures Concerning Alleged Harassment by StudentsD. Procedures Concerning Alleged Harassment by Faculty, Instructors, TeachingAssistants, and ResearchersE. Procedures Concerning Alleged Harassment by StaffResourcesI.INTRODUCTIONV.VI.The Faculty of Arts and Sciences (FAS) is committed to fostering an open and supportivecommunity that promotes learning, teaching, research, and discovery. This commitment includesmaintaining a safe and healthy educational and work environment in which no member of thecommunity is excluded from participation in, denied the benefits of, or subjected to discriminationin any University program or activity on the basis of sex, sexual orientation, or gender identity.Because sexual and gender-based harassment – including, but not limited to, sexual violence –interfere with an individual’s ability to participate fully in or benefit fully from University programsor activities, they constitute unacceptable forms of discrimination. This FAS Sexual and GenderBased Harassment Policy and Procedures (“Policy” and “Procedures”) forms one part of a range ofmeasures within the FAS designed to prevent discrimination or harassment based on any protectedclass, including race, religion, national origin, ethnicity, citizenship, age, sex, veteran status, ordisability. While this Policy focuses on sexual and gender-based harassment, it is important torecognize the ways in which all forms of discrimination reduce our potential as a community oflearners and teachers.Sexual and gender-based harassment can take many different forms and encompass a range ofbehaviors including (but not limited to) unwelcome sexual conduct, such as sexual advances, coercedsexual activity, and dating violence, and persistent disparagement based on sex, sexual orientation, orgender identity. What links all forms of sexual and gender-based harassment is the fundamentalundermining of a person’s ability to enjoy the programs or resources provided by our University. Totolerate restrictions of any individual’s access to the University’s programs or resources because of

sex, sexual orientation or gender identity is to diminish the vitality of our entire community and iscontrary to the values of inclusiveness and open inquiry that undergird true learning.Sometimes a person may make incorrect assumptions about another person’s sex, sexual orientation,or gender identity. Harassment based on incorrect assumptions about sex, sexual orientation, orgender identity is prohibited under this Policy. For example, the FAS does not allow harassmentbased on the belief that someone is gay whether or not that person is actually gay.Because some sexual harassment can take the form of speech, it is important to reiterate the FreeSpeech Guidelines (“Guidelines”) adopted by the Faculty of Arts and Sciences on February 13 andMay 15, 1990. These Guidelines pertain not only to “speakers, protestors, and audience,” but alsoto our interactions with one another inside and outside of the classroom. They are designed tosafeguard freedom of speech and inquiry for all members of our community, including those whoseparticipation could otherwise be marginalized by ostracism or harassment. As the Guidelines note,“free speech is uniquely important to the University because we are a community committed toreason and rational discourse.” It is therefore imperative that freedom of expression, includingunpopular and even obnoxious speech, be protected. At the same time, however, the guidelinesnote, “There are obligations of civility and respect for others that underlie rational discourse. Racial,sexual, and intense personal harassment not only show grave disrespect for the dignity of others, butalso prevent rational discourse. Behavior evidently intended to dishonor [a person because of] suchcharacteristics as race, gender, ethnic group, religious belief, or sexual orientation is contrary to thepursuit of inquiry and education. Such grave disrespect for the dignity of others can be punishedunder existing procedures because it violates a balance of rights on which the University is based. Itis expected that when there is a need to weigh the right of freedom of expression against otherrights, the balance will be struck after a careful review of all relevant facts and will be consistent withestablished First Amendment standards.” Within a university, to be discriminated against can itselfbe a curtailment of freedom of expression.An individual’s freedom of expression relies on both freedom from censorship and freedom fromdiscrimination – including harassing speech – based on sex, sexual orientation, or gender identity.The FAS is committed to maintaining this balance: it is difficult to achieve, but it is a goal we allembrace. This Policy is intended to safeguard members of our community from invidiousdiscrimination, not to regulate the content of protected speech.Note on JurisdictionHarvard University has adopted a new Sexual and Gender-Based Harassment Policy (“UniversityPolicy”) as well as new Procedures for Handling Complaints Involving Students Pursuant to the[University’s] Sexual and Gender-Based Harassment Policy (“University Procedures”). TheUniversity Policy applies to all Harvard Schools and units, including the FAS, and to all Harvardstudents, faculty, staff, appointees, and third parties. The University Procedures govern allegationsof sexual harassment or gender-based harassment involving Harvard students, includingundergraduate students in the College, graduate students in the Graduate School of Arts andSciences (“GSAS”), and both Extension School and Summer School students in the Division ofContinuing Education (“DCE”). Members of the Harvard Union of Clerical and Technical Workers(“HUCTW”) are also covered by the sexual harassment policies agreed to in the collectivebargaining agreement and described in the HUCTW Personnel Manual:2

http://www.huctw.org/HUCTW Personnel Manual 2012-2015.pdf. For HUCTW members thosepolicies take precedence over the policies governing other members of the University community.While the FAS adheres to the University Policy and Procedures, it is responsible for elaborating onand supplementing them to suit our own needs and goals. The FAS Policy and Procedures aredescribed below.In the event a person accused of sexual or gender-based harassment is a joint-degree candidate orhas appointments at the FAS and another Harvard School, the FAS will be in communication withand will seek the cooperation of responsible officials at the other School and may, whereappropriate, conduct joint proceedings, address the matter under FAS Procedures, or refer thematter to the other School.Consistent with University Policy, the Dean of the FAS may make modifications to the FAS Sexualand Gender-Based Harassment Policy and Procedures, and in the event he or she does so, interestedparties will be notified.II.FAS SEXUAL AND GENDER-BASED HARASSMENT POLICYThe FAS Sexual and Gender-Based Harassment Policy (“Policy”) adopts the University Policy andincorporates the University Procedures, including for purposes of student discipline. The UniversityPolicy is reproduced in its entirety below.“Policy Statement“Harvard University is committed to maintaining a safe and healthy educational and workenvironment in which no member of the University community is, on the basis of sex, sexualorientation, or gender identity, excluded from participation in, denied the benefits of, or subjected todiscrimination in any University program or activity. Gender-based and sexual harassment, includingsexual violence, are forms of sex discrimination in that they deny or limit an individual’s ability toparticipate in or benefit from University programs or activities.“This Policy is designed to ensure a safe and non-discriminatory educational and work environmentand to meet legal requirements, including: Title IX of the Education Amendments of 1972, whichprohibits discrimination on the basis of sex in the University’s programs or activities; relevantsections of the Violence Against Women Reauthorization Act; Title VII of the Civil Rights Act of1964, which prohibits discrimination on the basis of sex in employment; and Massachusetts lawsthat prohibit discrimination on the basis of sex, sexual orientation, and gender identity. It does notpreclude application or enforcement of other University or School policies.“It is the policy of the University to provide educational, preventative and training programsregarding sexual or gender-based harassment; to encourage reporting of incidents; to preventincidents of sexual and gender-based harassment from denying or limiting an individual’s ability toparticipate in or benefit from the University’s programs; to make available timely services for thosewho have been affected by discrimination; and to provide prompt and equitable methods ofinvestigation and resolution to stop discrimination, remedy any harm, and prevent its recurrence.Violations of this Policy may result in the imposition of sanctions up to, and including, termination,dismissal, or expulsion, as determined by the appropriate officials at the School or unit.3

“Retaliation against an individual for raising an allegation of sexual or gender-based harassment, forcooperating in an investigation of such a complaint, or for opposing discriminatory practices isprohibited. Submitting a complaint that is not in good faith or providing false or misleadinginformation in any investigation of complaints is also prohibited.“Nothing in this Policy shall be construed to abridge academic freedom and inquiry, principles offree speech, or the University’s educational mission.“Definitions“Sexual Harassment“Sexual harassment is unwelcome conduct of a sexual nature, including unwelcome sexual advances,requests for sexual favors, and other verbal, nonverbal, graphic, or physical conduct of a sexualnature, when: (1) submission to or rejection of such conduct is made either explicitly or implicitly acondition of an individual’s employment or academic standing or is used as the basis foremployment decisions or for academic evaluation, grades, or advancement (quid pro quo); or (2)such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’sability to participate in or benefit from the University’s education or work programs or activities(hostile environment).“Quid pro quo sexual harassment can occur whether a person resists and suffers the threatenedharm, or the person submits and avoids the threatened harm. Both situations could constitutediscrimination on the basis of sex.“A hostile environment can be created by persistent or pervasive conduct or by a single severeepisode. The more severe the conduct, the less need there is to show a repetitive series of incidentsto prove a hostile environment. Sexual violence, including rape, sexual assault, and domestic anddating violence, is a form of sexual harassment. In addition, the following conduct may violate thisPolicy: “Observing, photographing, videotaping, or making other visual or auditory records ofsexual activity or nudity, where there is a reasonable expectation of privacy, without theknowledge and consent of all parties “Sharing visual or auditory records of sexual activity or nudity without the knowledge andconsent of all recorded parties and recipient(s) “Sexual advances, whether or not they involve physical touching “Commenting about or inappropriately touching an individual's body “Requests for sexual favors in exchange for actual or promised job benefits, such asfavorable reviews, salary increases, promotions, increased benefits, or continued employment “Lewd or sexually suggestive comments, jokes, innuendoes, or gestures4

“Stalking“Other verbal, nonverbal, graphic, or physical conduct may create a hostile environment if theconduct is sufficiently persistent, pervasive, or severe so as to deny a person equal access to theUniversity’s programs or activities. Whether the conduct creates a hostile environment may dependon a variety of factors, including: the degree to which the conduct affected one or more person’seducation or employment; the type, frequency, and duration of the conduct; the relationshipbetween the parties; the number of people involved; and the context in which the conduct occurred.“Unwelcome Conduct“Conduct is unwelcome if a person (1) did not request or invite it and (2) regarded theunrequested or uninvited conduct as undesirable or offensive. That a person welcomes somesexual contact does not necessarily mean that person welcomes other sexual contact.Similarly, that a person willingly participates in conduct on one occasion does not necessarilymean that the same conduct is welcome on a subsequent occasion.“Whether conduct is unwelcome is determined based on the totality of the circumstances,including various objective and subjective factors. The following types of information maybe helpful in making that determination: statements by any witnesses to the alleged incident;information about the relative credibility of the parties and witnesses; the detail andconsistency of each person’s account; the absence of corroborating information where itshould logically exist; information that the Respondent has been found to have harassedothers; information that the Complainant has been found to have made false allegationsagainst others; information about the Complainant’s reaction or behavior after the allegedincident; and information about any actions the parties took immediately following theincident, including reporting the matter to others.“In addition, when a person is so impaired or incapacitated as to be incapable of requestingor inviting the conduct, conduct of a sexual nature is deemed unwelcome, provided that theRespondent knew or reasonably should have known of the person’s impairment orincapacity. The person may be impaired or incapacitated as a result of drugs or alcohol or forsome other reason, such as sleep or unconsciousness. A Respondent’s impairment at thetime of the incident as a result of drugs or alcohol does not, however, diminish theRespondent’s responsibility for sexual or gender-based harassment under this Policy.“Gender-Based Harassment“Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, orhostile conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but notinvolving conduct of a sexual nature, when such conduct is sufficiently severe, persistent, orpervasive that it interferes with or limits a person’s ability to participate in or benefit from theUniversity’s education or work programs or activities. For example, persistent disparagement of aperson based on a perceived lack of stereotypical masculinity or femininity or exclusion from anactivity based on sexual orientation or gender identity also may violate this Policy.“Jurisdiction5

“This Policy applies to sexual or gender-based harassment that is committed by students, faculty,staff, Harvard appointees, or third parties, whenever the misconduct occurs:“1. On Harvard property; or“2. Off Harvard property, if:“a) the conduct was in connection with a University or University-recognized program or activity; or“b) the conduct may have the effect of creating a hostile environment for a member of theUniversity community.“Monitoring and Confidentiality“A variety of resources are available at the University and in the area to assist those who haveexperienced gender-based or sexual harassment, including sexual violence.“Individuals considering making a disclosure to University resources should make sure they haveinformed expectations concerning privacy and confidentiality. The University is committed toproviding all possible assistance in understanding these issues and helping individuals to make aninformed decision.“It is important to understand that, while the University will treat information it has received withappropriate sensitivity, University personnel may nonetheless need to share certain information withthose at the University responsible for stopping or preventing sexual or gender-based harassment.For example, University officers, other than those who are prohibited from reporting because of alegal confidentiality obligation or prohibition against reporting, must promptly notify the School orunit Title IX Coordinator about possible sexual or gender-based harassment, regardless of whether acomplaint is filed. Such reporting is necessary for various reasons, including to ensure that personspossibly subjected to such conduct receive appropriate services and information; that the Universitycan track incidents and identify patterns; and that, where appropriate, the University can take stepsto protect the Harvard community. This reporting by University officers will not necessarily result ina complaint; rather, the School or unit Title IX Coordinator, in consultation with the Title IXOfficer, will assess the information and determine what action, if any, will be taken. Information willbe disclosed in this manner only to those at the University who, in the judgment of the Title IXOfficer or School or unit Title IX Coordinator, have a need to know.“Should individuals desire to discuss an incident or other information only with persons who aresubject to a legal confidentiality obligation or prohibition against reporting, they should askUniversity officers for information about such resources, which are available both at the Universityand elsewhere. University officers are available to discuss these other resources and to assistindividuals in making an informed decision.“Violations of other Rules“The University encourages the reporting of all concerns regarding sexual or gender-basedharassment. Sometimes individuals are hesitant to report instances of sexual or gender-basedharassment because they fear they may be charged with other policy violations, such as underage6

alcohol consumption. Because the University has a paramount interest in protecting the well-beingof its community and remedying sexual or gender-based harassment, other policy violations will beconsidered, if necessary, separately from allegations under this Policy.”III.OTHER SEXUAL AND GENDER-BASED MISCONDUCTThe University Policy defines sexual and gender-based harassment within the context of preventingdiscrimination within our community. The Faculty of Arts and Sciences, including the College andthe Graduate School of Arts and Sciences, shares an additional commitment to training our studentsto be citizens and citizen leaders within a larger community beyond the borders of our campus. Forthis reason, it is the expectation of the Faculty of Arts and Sciences that all students, whether or notthey are on campus or are currently enrolled in a degree program, will behave in a mature andresponsible manner. Consistent with this principle, sexual and gender-based misconduct are nottolerated by the FAS even when, because they do not have the effect of creating a hostileenvironment for a member of the University community, they fall outside the jurisdiction of theUniversity Policy. Because sexual and gender-based misconduct are in direct opposition to ourcommunity values, cases involving such conduct may be referred by the relevant AdministrativeBo

The Faculty of Arts and Sciences (FAS) is committed to fostering an open and supportive community that promotes learning, teaching, research, and discovery. . University Policy applies to all Harvard Schools and units, including the FAS, and to all Harvard students, faculty, staff, appointees, and third parties. .

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