You are here: Home > Office of Campus Life > Student Handbook > Sexual Harassment

Policies Affecting Student Organizations and Students

SEXUAL HARASSMENT

I. PURPOSE/POLICY

Loyola University is committed to maintaining an environment which respects the dignity of all individuals. Accordingly, Loyola University will not tolerate sexual harassment by or of its students, faculty, employees, or patients. To the extent practicable, Loyola University will attempt to protect the Loyola community from sexual harassment by vendors, consultants, and other third parties who interact with the Loyola community. Loyola University is promulgating this policy to reaffirm its opposition to sexual harassment and to emphasize that learning opportunities and employment opportunities must not be interfered with by sexual harassment.

The purposes of this policy include:

1. preventing sexual harassment
2. prohibiting sexual harassment
3. encouraging good faith complaints if sexual harassment has occurred
4. providing multiple options for addressing and resolving complaints of sexual harassment

Loyola University will attempt to take prompt corrective action against any sexual harassment by or of its students, faculty, employees, or patients. This policy is designed to encourage persons who believe that they have been harmed by sexual harassment to bring the conduct to the attention of appropriate individuals within the University so that the University can take prompt corrective action. All appropriate individuals, including managers, are directed to implement the procedures outlined in this policy.

All complaints are taken seriously and no one reporting sexual harassment, including third parties, will suffer retaliation or reprisal. Complaints of sexual harassment will be treated in confidence to the extent feasible, given the need to conduct a thorough investigation and to take corrective action. If it is determined through an appropriate and prompt investigation that sexual harassment has occurred, effective corrective action will be taken to eliminate the sexual harassment and to attempt to ensure that it does not recur. Depending on circumstances and the severity of the conduct, corrective action could range from an oral/written warning to dismissal or expulsion.

II. DEFINITIONS

The Equal Employment Opportunity Commission, the federal agency responsible for enforcing certain federal laws prohibiting discrimination, has issued the following definition of sexual harassment in Guidelines subsequently approved by the Supreme Court:

"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,
2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." EEOC 1980 Guidelines on Sexual Harassment, 29 CFR ' 1604.11 (emphasis supplied).

This definition and subsequent case law make it clear that there are two kinds of sexual harassment:

• quid pro quo harassment, in which the harasser either provides or denies an employment or educational benefit in exchange for sexual favors, or makes an adverse employment or educational decision on the basis of rejection of sexual advances
• hostile environment harassment, in which the working (or learning) environment is made abusive. An abusive or hostile environment is one that is reasonably and actually perceived by the complaining party as abusive by making it more difficult to do one's job or pursue one's education.

In order to meet the legal definition of hostile environment harassment, the harassment must be either severe or pervasive. Courts will look to the totality of the circumstances on a case-by-case basis to determine whether hostile environment harassment has occurred. There is no mathematical formula; the existence of unlawful sexual harassment depends on the facts and circumstances.

Examples of quid pro quo sexual harassment include, but are not limited to, the following: a supervisor granting a promotion to a subordinate because the subordinate unwillingly consents to have sexual relations with the supervisor; a supervisor firing a subordinate because the subordinate refuses to have sexual relations with the supervisor; a faculty member providing an undeserved failing grade to a student because he or she refuses to have sexual relations with the professor; a faculty member giving an undeserved high grade to a student because the student consents to have unwanted sexual relations with the professor; a faculty member providing positive references or evaluations for another student in exchange for sexual favors; a student providing positive references or evaluations for another student in exchange for sexual favors.

Examples of hostile environment harassment include, but are not limited to, the following: requiring that employees or students provide sexual favors; persistent sexual slurs; sexual stalking; repeated requests for an unwelcome sexual relationship; continual sexually suggestive jokes, gestures or sounds directed toward another; a pattern of widespread favoritism based on sexual relationships; the open display of pornography or suggestive materials offensive to others; unwelcome sexual touching, such as fondling or pinching of private body parts. A hostile environment can exist by virtue of a combination of individual incidents that would not, individually, constitute sexual harassment. In order for these examples or other behaviors to constitute hostile environment harassment, the effect of the harassment must be to create an abusive or hostile environment usually over a period of time.

Both men and women are protected from sexual harassment, whether that harassment is perpetrated by a member of the same or opposite sex. Sexual harassment can be committed by a male or a female toward either a male or a female. This policy applies to faculty and staff, up to and including Officers and Trustees of the University.

III. PROCEDURES APPLICABLE TO FACULTY

If a member of the Loyola community has a concern about possible sexual harassment by a faculty member, the individual must advise the academic Chairperson, Dean, or the Dean's designate where the faculty member's appointment resides or is teaching. If a member of the Loyola community has a concern about possible sexual harassment by a faculty member holding an administrative appointment (e.g., Department Chair, Assistant Dean, Associate Dean), the individual must advise the academic Dean or the Dean's designate where the faculty member's appointment resides. If a member of the Loyola Community has a concern about possible sexual harassment by an Academic Dean, the individual must advise the appropriate senior academic officer or that officer's designate.

Within the University, there are many instances of students who are registered in a particular school (for example, the School of Business Administration) but who are taught by faculty whose appointments reside in departments of another school (for example, the College of Arts and Sciences). In addition, students enrolled in the Graduate School or Mundelein College, for example, are taught by faculty whose appointments are located generally in academic departments which report to deans of other schools. In these instances, and others similar to them, if a complaint of sexual harassment is raised, the Dean (or designate) to whom the faculty member ultimately reports will inform and consult the Dean of the School in which the student is registered. Likewise, if the dean of the school in which the student is registered receives a complaint, the student's academic dean (or designate) will report the matter to the faculty member's dean (or designate) for further disposition.

There are three steps that members of the Loyola community may consider (but not necessarily have to follow in order) when concerned about possible sexual harassment:

1. Confidential consultation
2. Informal remedies
3. Formal remedies

A. Confidential Consultation

There exists a number of Loyola services which provide confidential counseling for personal concerns. They include the Office of the Ombudsperson, the Employee Assistance Counselors, the Counseling Center, and University Ministry. A member of the Loyola community may go to these offices to explore options in confidence.

B. Informal Remedies

Upon receiving notice of a complaint of alleged sexual harassment by a faculty member, the complainant will likely be interviewed so that the appropriate academic Chairperson, Dean, Dean's designate, or senior academic officer gets as complete a description of the alleged harassment as possible. As part of the investigation, the alleged harasser will likely be informed of the complaint. If feasible, informal remedies may be attempted to resolve the complaint. These remedies may include, but are not necessarily limited to:

1. The alleged harasser being asked, either orally or in writing, to cease the behavior.
2. Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.
3. Changing the work or academic environment of the complainant.

C. Formal Remedies

Informal resolution of sexual harassment complainants are not always appropriate, because of the nature of the behavior, the lack of success of the informal remedies, or the interests of the complainant or the alleged harasser. In such a case, whether the complainant agrees or not, a formal investigation of the sexual harassment complaint will be undertaken by the appropriate academic Dean or Dean's designate.

Because of diversity among colleges, schools, and departments, no one method of investigating of sexual harassment complaint is prescribed. However, the complainant will likely be interviewed so that the Dean or the Dean's designate gets as complete a description of the alleged harassment as possible. As part of the investigation, the alleged harasser will likely be informed of the complaint. The Dean or the Dean's designate also will obtain other information and evidence appropriate to the investigation to complete the recommendation to the appropriate senior academic officer. In situations where the appropriate academic Dean intends to recommend non-renewal of an appointment or the termination of a tenured faculty member, the recommendation will be reviewed by the Committee on Faculty Appointments and the Committee on Faculty Appointments, in turn, will provide its recommendation to the appropriate senior academic officer for final determination. The University reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation.

IV. PROCEDURES FOR STAFF

There are three options a staff member of the Loyola community may consider (but not necessarily have to follow in order) when concerned with possible sexual harassment:

1. Confidential consultation
2. Informal remedies
3. Formal remedies

A. Confidential Consultation

There exists a number of University services which provide confidential counseling for personal concerns. They include the Office of Ombudsperson, the Employee Assistance Program, the Counseling Center and University Ministry. Any employee may go to these offices to explore options in confidence.

B. Informal Remedies

A staff person may approach Campus Human Resources or Employee Relations to lodge a complaint of alleged sexual harassment. A Human Resources representative will interview the Complainant to get as complete a description of the alleged harassment as possible. If feasible, informal remedies will be first attempted to resolve the issue. These remedies may include, but are not necessarily limited to:

1. The alleged harasser being asked, either orally or in writing, to cease the behavior.
2. Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.
3. Change in work environment or reporting relationships. The success of these efforts will be monitored by the Human Resource representative keeping in contact with the Complainant.

C. Formal Remedies

A complainant may wish to lodge a formal complaint when informal remedies may not be appropriate either because of the nature of the behavior or the lack of success of the informal route. In such a case, whether the complainant agrees or not, a formal investigation through the existing staff Complaint Procedure will be undertaken. In the course of investigation, absolute confidentiality cannot be guaranteed. An individual from Human Resources will gather evidence and present a recommendation to the department head and/or vice-president regarding the validity of the complaint and appropriate disciplinary action, if warranted. Both the Complainant and the alleged harasser will be told of the results of the investigation. The University reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation.

V. PROCEDURES FOR STUDENTS

There are three options a student member of the Loyola community may consider (but not necessarily have to follow in order) when concerned with a possible sexual harassment:

1. Confidential consultation
2. Informal remedies
3. Formal remedies

A. Confidential Consultation

There exists a number of University services which provide confidential counseling for personal concerns. They include the Dean of Student's office (or Campus Life), and Student Life staff, members of the Residence Life staff, the Counseling Center, the Office of Ombudsperson and University Ministry. Any student may go to these offices to explore options in confidence.

B. Informal Remedies

A student may approach the Dean of Students (or Campus Life) staff or the Residence Life staff to lodge a complaint of alleged sexual harassment. The staff member will interview the student to get as complete a description of the alleged harassment as possible. If feasible, informal remedies will be first attempted to resolve the issue. These remedies may include, but are not necessarily limited to:

1. The alleged harasser being asked, either orally or in writing, to cease the behavior.
2. Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.
3. Change in academic, work, or living environment.

C. Formal Remedies

A student may wish to lodge a formal complaint when informal remedies may not be appropriate either because of the nature of the behavior or the lack of success of the informal route. In such a case, the formal process is handled through the University Conduct system. The conduct process is confidential to the extent possible and applies to the accused harasser, the complainant, staff members, witnesses, and/or advisors. In the course of the investigation, however, absolute confidentiality cannot be guaranteed.

The process begins with a written incident report. Incident report forms are available in the Dean of Students (or Campus Life) office or in the Residence Life office at the Lake Shore campus, and the Student Life offices at Water Tower, Mallincrodt and the Medical Center. The Dean of Students (or Campus Life) will assign the case within the conduct system. This process will determine the validity of the complaint and recommend appropriate disciplinary action, if warranted. Both the complainant and the alleged harasser will be informed of the results.

Alternatively, complaints regarding faculty or staff will be transferred to the appropriate person in those lines of authority. The University reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation.

Return to Student Handbook Index | Return to Policies Index