A. Sexual Harassment is Illegal Under Federal and State Law.
The Nevada System of Higher Education (NSHE) is committed to providing a place
of work and learning free of sexual harassment. Where sexual harassment is
found to have occurred, the NSHE will act to stop the harassment, to prevent
its recurrence, and to discipline those responsible in accordance with the NSHE Code
or, in the case of classified employees, the Nevada Administrative Code. Sexual
harassment is a form of discrimination; it is illegal.
No employee or student, either in the workplace or in the academic environment,
should be subject to unwelcome verbal or physical conduct that is sexual in
nature. Sexual harassment does not refer to occasional compliments of a
socially acceptable nature. It refers to behavior of a sexual nature that is
not welcome, that is personally offensive, and that interferes with
performance.
It is expected that students, faculty and staff will treat one another with
respect.
B. Policy Applicability and Sanctions.
All students, faculty, staff, and other members of the campus community are
subject to this policy. Individuals who violate this policy are subject to
discipline up to and including termination and/or expulsion, in accordance with
the NSHE Code or, in the case of classified employees, the Nevada
Administrative Code. Other, lesser sanctions may be imposed, depending on the
circumstances.
This policy is not intended to and does not infringe upon academic freedom in
teaching or research as established in the NSHE Code, Ch. 2.
C. Training.
All employees shall be given a copy of this policy and each institution’s Human
Resources Office shall maintain documentation that each employee received the
policy. New employees shall be given a copy of this policy at the time of hire
and each institution’s Human Resources Office shall maintain documentation that
each new employee received the policy.
Each institution shall include this policy and complaint procedure in its
general catalog.
Each institution shall have an on-going sexual harassment training program for
employees.
D. Sexual Harassment Defined.
Under this policy, unwelcome sexual advances, requests for sexual favors, and
other visual, 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 or academic status;
2. submission to or rejection of the conduct is used as a basis for academic or
employment decisions or evaluations, or permission to participate in an
activity; or
3. the conduct has the purpose or effect of substantially interfering with an
individual's academic or work performance, or of creating an intimidating,
hostile or offensive environment in which to work or learn.
Sexual harassment may take many forms—subtle and indirect, or blatant and
overt. For example,
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It may occur between individuals of the opposite sex or of the same sex.
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It may occur between students, between peers and/or co-workers, or between
individuals in an unequal power relationship.
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It may be aimed at coercing an individual to participate in an unwanted sexual
relationship or it may have the effect of causing an individual to change
behavior or work performance.
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It may consist of repeated actions or may even arise from a single incident if
sufficiently severe.
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It may also rise to the level of a criminal offense, such as battery or sexual
assault.
Determining what constitutes sexual harassment under this policy will be
accomplished on a case by case basis and depends upon the specific facts and
the context in which the conduct occurs. Some conduct may be inappropriate,
unprofessional, and/or subject to disciplinary action, but would not fall under
the definition of sexual harassment. The specific action taken, if any, in a
particular instance depends on the nature and gravity of the conduct reported,
and may include disciplinary processes as stated above.
Examples of unwelcome conduct of a sexual nature that may constitute sexual
harassment may, but do not necessarily, include, and are not limited to:
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physical assault;
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sexually explicit statements, comments, questions, jokes, innuendoes,
anecdotes, or gestures;
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unnecessary touching, patting, hugging, or brushing against a person’s body or
other
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inappropriate touching of an individual’s body;
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remarks of a sexual nature about a person’s clothing or body;
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use of electronic mail or computer dissemination of sexually oriented,
sex-based communications;
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sexual advances, whether or not they involve physical touching;
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requests for sexual favors in exchange for actual or promised job or
educational benefits, such as favorable reviews, salary increases, promotions,
increased benefits, continued employment, grades, favorable assignments,
letters of recommendation;
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displaying sexually suggestive objects, pictures, magazines, cartoons, or
screen savers;
inquiries, remarks, or discussions about an individual’s sexual experiences or
activities and other written or oral references to sexual conduct.
Even one incident, if it is sufficiently serious, may constitute sexual
harassment. One incident, however, does not usually constitute sexual
harassment.
E. Procedure.
The Chancellor and each president shall designate no fewer than two
administrators to receive complaints of alleged sexual harassment. The
administrators designated to receive the complaints may include the following:
(1) the Human Resources Officer at the institution; (2) the Affirmative Action
Program Officer; or (3) any other officer designated by the president. If the
Human Resources Officer or the Affirmative Action Program Officer or another
officer designated by the president, is not the individual who initially
receives the complaint of alleged sexual harassment, then the individual
receiving the complaint must immediately forward the complaint to either the
Human Resources Officer or the Affirmative Action Program Officer.
An individual filing a complaint of alleged sexual harassment shall have the
opportunity to select an independent advisor for assistance, support, and
advice and shall be notified of this opportunity by the Human Resources Officer
or the Affirmative Action Program Officer, or by their designee. It shall be
the choice of the individual filing the complaint to utilize or not utilize the
independent advisor. The independent advisor may be brought into the process at
any time at the request of the alleged victim. The means and manner by which an
independent advisor shall be made available shall be determined by each
institution or unit.
Supervisors’ Responsibilities: Every supervisor has responsibility to take
reasonable steps intended to prevent acts of sexual harassment, which include,
but are not limited to:
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Monitoring the work and school environment for signs that harassment may be
occurring;
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Refraining from participation in, or encouragement of actions that could be
perceived as harassment (verbal or otherwise);
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Stopping any observed acts that may be considered harassment, and taking
appropriate steps to intervene, whether or not the involved individuals are
within his/her line of supervision; and
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Taking immediate action to minimize or eliminate the work and/or school contact
between the two individuals where there has been a complaint of harassment,
pending investigation.
If a supervisor receives a complaint of alleged sexual harassment, or observes
or becomes aware of conduct that may constitute sexual harassment, the
supervisor must immediately contact one of the individuals identified above to
forward the complaint, to discuss it and/or to report the action taken.
Failure to take the above action to prevent the occurrence of or stop known
harassment may be grounds for disciplinary action.
Complaints of sexual harassment must be filed within one hundred eighty (180)
calendar days after the discovery of the alleged act of sexual harassment with
the supervisor, department chair, dean, or one of the administrators listed
above and/or designated by the president to receive complaints of alleged
sexual harassment. Complaints of prohibited conduct, including sexual
harassment, filed with an institution’s administrative officer pursuant to NSHE Code
Chapter 6, Section 6.8.1, are not subject to this 180 day filing requirement.
1. Employees.
a. An employee who believes that he or she has been subjected to sexual
harassment by anyone is encouraged—but it is neither necessary nor required—to
promptly tell the person that the conduct is unwelcome and ask the person to
stop the conduct. A person who receives such a request must immediately comply
with it and must not retaliate against the employee for rejecting the conduct.
b. The employee may also choose to file a complaint with his or her immediate
supervisor, who will in turn immediately contact one of the officials listed
above.
c. If the employee feels uncomfortable about discussing the incident with the
immediate supervisor, the employee should feel free to bypass the supervisor
and file a complaint with one of the other listed officials or with any other
supervisor.
d. After receiving any employee’s complaint of an incident of alleged sexual
harassment, whether or not the complaint is in writing, the supervisor will
immediately contact any of the individuals listed above to forward the
complaint, to discuss it and/or to report the action taken. The supervisor has
a responsibility to act even if the individuals involved are not supervised by
that supervisor.
2. Students.
a. A student who believes that he or she has been subjected to sexual
harassment by anyone is encouraged—but it is neither necessary nor required—to
promptly tell the person that the conduct is unwelcome and ask the person to
stop the conduct. A person who receives such a request must immediately comply
with it and must not retaliate against the student for rejecting the conduct.
b. The student may also choose to file a complaint with his or her major
department chair, who will in turn immediately contact one of the officials
listed above.
c. If the student feels uncomfortable about discussing the incident with the
department chair, the student should feel free to bypass the chair and file a
complaint with one of the above officials or to any chair or dean, who will in
turn immediately contact one of the officials listed above to forward the
complaint, whether or not the complaint is in writing, to discuss it and/or to
report the action taken. The chair or dean has a responsibility to act even if
the individuals are not supervised by that chair or dean.
3. Non-Employees and Non-Students.
Individuals who are neither NSHE employees nor NSHE students and who believe
they have been subjected to sexual harassment by a NSHE employee during the
employee’s work hours or by a NSHE student on campus or at a NSHE-sponsored
event may utilize any of the complaint processes set forth above in this
section.
4. Investigation and Resolution.
a. After receiving a complaint of the incident or behavior, an investigation by
one of the above listed officials will be initiated to gather information about
the incident. Each institution may set guidelines for the manner in which an
investigation shall be conducted.
b. At the completion of the investigation, a recommendation will be made to the
appropriate management regarding the resolution of the matter. The
recommendation is advisory only.
c. After the recommendation has been made, a determination will be made by
appropriate management regarding the resolution of the matter. If warranted,
disciplinary action up to and including involuntary termination or expulsion
will be taken. Any such disciplinary action shall be taken in accordance with
NSHE Code Chapter 6, or, in the case of classified employees, NAC
Chapter 284. Other appropriate actions will be taken to correct problems, if
any, caused by or contributing to the conduct. If proceedings are initiated
under Chapter 6, the investigation conducted pursuant to this policy may be
used as the Chapter 6 investigation. The administrative officer, in his or her
discretion, may also supplement the sexual harassment investigation with
additional investigation.
d. After the appropriate management has made a determination regarding the
resolution of the matter, and depending on the circumstances, both parties may
be informed of the resolution. Certain actions made confidential under NSHE Code
Chapters 5 and 6 or NAC Chapter 284 shall remain confidential.
F. Prompt Attention.
Complaints of sexual harassment are taken seriously and will be dealt with
promptly. Where sexual harassment is found to have occurred, the NSHE
institution or unit where it occurred will act to stop the harassment, to
prevent its recurrence, and to discipline those responsible.
G. Confidentiality.
The NSHE recognizes that confidentiality is important. However, confidentiality
cannot be guaranteed. The administrators, faculty or staff responsible for
implementing this policy will respect the privacy of individuals reporting or
accused of sexual harassment to the extent reasonably possible and will
maintain confidentiality to the extent possible. Examples of situations where
confidentiality cannot be maintained include, but are not limited to, necessary
disclosures during an investigation, circumstances where the NSHE is required
by law to disclose information (such as in response to legal process), or when
an individual is in harm’s way.
H. Retaliation
Retaliation against an individual who in good faith complains of alleged sexual
harassment or provides information in an investigation about behavior that may
violate this policy is against the law, will not be tolerated, and may be
grounds for discipline. Retaliation in violation of this policy may result in
discipline up to and including termination and/or expulsion. Any employee or
student bringing a sexual harassment complaint or assisting in the
investigation of such a complaint will not be adversely affected in terms and
conditions of employment and/or academic standing, nor discriminated against,
terminated, or expelled because of the complaint. Intentionally providing false
information is also grounds for discipline.
“Retaliation” may include, but is not limited to, such conduct as:
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the denial of adequate personnel to perform duties;
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frequent replacement of members of the staff;
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frequent and undesirable changes in the location of an office;
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the refusal to assign meaningful work;
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unwarranted disciplinary action;
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unfair work performance evaluations;
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a reduction in pay;
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the denial of a promotion;
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a dismissal;
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a transfer;
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frequent changes in working hours or workdays;
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an unfair grade;
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an unfavorable reference letter.
I. Relationship to Freedom of Expression.
The NSHE is committed to the principles of free inquiry and free expression.
Vigorous discussion and debate are fundamental rights and this policy is not
intended to stifle teaching methods or freedom of expression. Sexual
harassment, however, is neither legally protected expression nor the proper
exercise of academic freedom; it compromises the integrity of institutions, the
tradition of intellectual freedom and the trust placed in the institutions by
their members. |