Sexual Harassment Policy *

"It is the policy of the University of Michigan to maintain an academic and work environment free of sexual harassment for students, faculty, and staff. Sexual harassment is contrary to the standards of the university community. It diminishes individual dignity and impedes equal employment and educational opportunities and equal access to freedom of academic inquiry. Sexual harassment is a barrier to fulfilling the university's scholarly, research, educational, and service missions. It will not be tolerated at the University of Michigan.

Sexual harassment violates the University's long-standing policy against discrimination on the basis of sex. Sexual harassment is also illegal. It is prohibited 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 employment and education contexts, by Michigan's Elliot-Larsen Civil Rights Act, adopted in 1976.

A claim under this policy may be brought by the university or by a faculty, staff, or student member of the university community based on the conduct of any university employee. Complaints based on conduct by students who are not also employees of the university are addressed in the Interim Policy on Discrimination and Discriminatory Conduct by Students in the University Environment, which is administered by the vice chancellor for student services and enrollment management.

Sexual Harassment can be a very serious matter having far-reaching effects on the lives and careers of individuals. Intentionally false accusations can have similar impact. Thus the charge of sexual harassment is not to be taken lightly by a charging party, or any member of the university community. A person who knowingly and intentionally files a false complaint under this policy is subject to university discipline".

Definition of Sexual Harassment

For the purposes of determining whether a particular act or course of conduct constitutes sexual harassment under this policy, the following definition will be used: 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, education, living environment, or participation in a university activity;

2. submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that person's employment, education, living environment, or participation in a university activity;

3. such conduct has the purpose or effect of unreasonably interfering with an individual's employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual's employment, education, living environment, or participation in a university activity.

Prevention and Education

The university is committed to preventing and eliminating sexual harassment of students, faculty, and staff. To that end, this policy will be published in pamphlet form and disseminated to the university community. The pamphlets will be included in orientation materials for new students, faculty, and staff and made available in the Human Resources and Affirmative Action Office and other appropriate locations on each campus. In addition, appropriate educational sessions will be conducted by the university on an ongoing basis to (1) inform students, faculty, and staff about identifying sexual harassment and the problems it causes, (2) advise members of the university community about the rights and responsibilities under this policy, and (3) train personnel in the administration of this policy.

Informal Resolution

At the complainant's option, a sexual harassment report or complaint can be made centrally on the Ann Arbor campus or locally on the Dearborn and Flint campuses. In Ann Arbor, informal reports or complaints may be received by representatives of the Human Resources and Affirmative Action Office, the Office of the Ombudsperson (students only), Dean's Office of the Horace H. Rackham Graduate School (graduate students only), Center for the Education of Women, Department of Public Safety, and appropriate Human Resource Office.

On the Flint and Dearborn campuses, persons designated to receive informal reports or complaints are any dean, director, department head, and/or their designees. Each school/college or other unit shall be certain that at least one of the persons designated to receive complaints is a female.

Formal Investigation

Either subsequent to or instead of following an informal process, a complainant may elect to make formal charges of sexual harassment and have it pursued. The university will investigate all formal charges of sexual harassment. Formal charges under this policy's procedures should be made in writing and filed with a dean, director, the Human Resources and Affirmative Action Office, or the appropriate Human Resource Office. If a formal investigation is initiated, the person accused of sexual harassment must be notified of the charge and given the opportunity to respond to any allegations before disciplinary actions are taken.

*Selected portions of the Policy on Sexual Harassment, SPG 201.89, revised 12/1/93.