UNIVERSITY OF PITTSBURGH POLICY 07-06-04
CATEGORY: PERSONNEL
SECTION: Employee Support
SUBJECT: Sexual Harassment
EFFECTIVE DATE: March 15, 2006 Revised
PAGE(S): 4
I. SCOPE
This document establishes policy and procedures pertaining to the
University's prohibition of sexual harassment.
II. POLICY
The University of Pittsburgh is committed to the maintenance of a
community free from all forms of sexual harassment. Sexual harassment
violates University policy as well as federal, state and local laws. It
is neither permitted nor condoned. The coverage of this policy extends to
all faculty, researchers, staff, students, vendors, contractors and
visitors to the University.
It is also a violation of the University of Pittsburgh's policy against
sexual harassment for any employee or student at the University of
Pittsburgh to attempt in any way to retaliate against a person who makes a
claim of sexual harassment.
Any individual who after a thorough investigation is found to have
violated the University's policy against sexual harassment will be subject
to disciplinary action, including, but not limited to, reprimand,
suspension (with or without pay), termination or expulsion. The
disciplinary action taken will depend upon the severity of the offense.
III. DEFINITION
Sexual harassment is any unwelcome sexual advance, request for sexual
favors or other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is an explicit or implicit condition of
employment or academic success;
2. Submission to or rejection of such conduct is used as the basis for
an employment or academic decision; or
3. Such conduct has the purpose or effect of
a. Unreasonably interfering with an individual's work or academic
performance; or
b. Creating an intimidating, hostile or offensive work or
academic environment.
While sexual harassment most often takes place where there is a power
differential between the persons involved, it also may occur between
persons of the same status. Sexual harassment can occur on University
premises or off campus at University sponsored events. It can occur
between members of the same gender as well as between members of different
genders.
IV. CONSENSUAL RELATIONSHIPS
Personal relationships must not be allowed to interfere with the academic
or professional integrity of the teacher-student, staff-student,
supervisor-employee or other professional relations within the University.
The University's policy on Faculty-Student Relationships (Policy 02-04-03)
prohibits intimate relationships between a faculty member and a student
whose academic work, teaching or research is being supervised or evaluated
by the faculty member. If an intimate relationship should exist or
develop between a faculty member and a student, the University requires
the faculty member to remove himself/herself from all supervisory,
evaluative, and/or formal advisory roles with respect to the student.
Failure to do so may subject the faculty member to disciplinary action.
V. COMPLAINT PROCEDURE
Any faculty, staff or student who believes he or she has been sexually
harassed should contact a department chair, dean, director, supervisor,
the Office of Affirmative Action, the Office of Human Resources, the
Office of the Provost, the Coordinator of the University Student Judicial
System, or the person(s) listed at the end of this document at one of the
regional campuses. The complaint will either be handled by the
person/office receiving the complaint or referred to the Office of
Affirmative Action.
All complaints will be given serious, impartial and timely consideration.
When an administrator or supervisor receives a complaint, oral or written
communication with the person whose action the complainant found offensive
may resolve the problem. If that does not resolve the matter, an
investigation will be undertaken. The complainant and the accused will be
informed of the findings of the investigation. While every effort will be
made to protect the privacy rights of all parties, confidentiality cannot
be guaranteed.
If an individual is found to have violated the University's policy against
sexual harassment, steps will be taken to stop the harassment and the
violator will be subject to disciplinary sanctions, including, but not
limited to, oral or written warning, required education program, mandatory
counseling, reprimand, suspension, reassignment of responsibilities,
termination of employment or expulsion from the University. If it is
found that the complaint is without reasonable foundation, the parties
will be so informed and will also be informed that no further action is
warranted. A record of the findings and the action taken must be kept in
the unit that handled the complaint.
Any faculty, staff or student who believes that he or she has been
sexually harassed should first seek a resolution of this problem as
outlined above. If that is not satisfactory, the complainant or accused
can then appeal through one of the procedures indicated below.
VI. APPEAL PROCEDURE
A. Procedural Electives
The complainant and the accused have the right to appeal. To do so,
he or she must file a formal written appeal either (1) to the
University's Sexual Harassment Board or (2) according to existing
grievance procedures for faculty, staff or students. Existing
grievance procedures are described in the Faculty Handbook, Staff
Handbook, Guidelines on Academic Integrity and Student Code of
Conduct and Judicial Procedures.
Once a written appeal has been filed according to one of the
procedures identified above, the same appeal may not be filed
through an alternative procedure within the University.
B. The University Sexual Harassment Board
The Sexual Harassment Board is appointed by the Chancellor on advice
of the Provost, the Senior Vice Chancellor for the Health Sciences
and the Executive Vice Chancellor. The Board consists of three
individuals, two of whom, one faculty member and one staff member,
are appointed for three-year terms. One member, representing the
complainant's faculty, staff or student status, is appointed upon
receipt of that individual's appeal.
The Board has responsibility for investigating appeals filed with it
and conveying its findings and recommendations to the appropriate
dean or director within ninety (90) days of receipt of an appeal.
Copies of Board findings are provided to the complainant, the
accused and the Office of Affirmative Action.
A dean or director must take action within thirty (30) days of
receiving the recommendations of the Board. The complainant, the
accused, the administrator receiving the original complaint and the
Office of Affirmative Action must be informed of the specific action
taken.
C. Appeals of Board Findings and/or Sanctions
Findings of the Board and sanctions imposed by a dean or director
may be appealed by any party to the complaint. Within thirty (30)
days of the presentation of finding and/or imposition of a sanction,
appeals must be submitted in writing to the appropriate senior
officer of the University, i.e., the Provost or Senior Vice
Chancellor for the Health Sciences in complaints where a faculty
member is the accused, the Executive Vice Chancellor in complaints
where a staff member is the accused, or the Vice Provost and Dean of
Students in complaints where a student is the accused. The senior
officer then has thirty (30) days to respond to the appeal.
Decisions resulting from such appeals to a senior officer are final.
VII. FOR ADDITIONAL INFORMATION
Pittsburgh Campus Bradford Campus
William A. Savage K. James Evans or Holly J. Spittler
Office of Affirmative Action 222 Commons Building
901 William Pitt Union (814) 362-7650
(412) 648-7860
Greensburg Campus
Carol W. Mohamed
Office of Human Resources Joyce E. Bucchi
100 Craig Hall 168 Lynch Hall
(412) 624-1209 (724) 836-9902
Patricia E. Beeson Martha J. Koehler
Office of the Provost 137 Faculty Office Building
801 Cathedral of Learning (724) 836-9993
(412) 624-0790
Johnstown Campus
Kathy Humphrey
Vice Provost and Dean of Students Robert J. Yaskanich
130 William Pitt Union 121 Blackington Hall
(412) 648-1001 (814) 269-7119
Titusville Campus
Christopher J. Coat
Biology Laboratory
(814) 827-4437
VIII. FOR COUNSELING SERVICES
University Counseling Center
334 William Pitt Union
(412) 648-7930
Sexual Assault Services
334 William Pitt Union
(412) 648-7856
Faculty and Staff Assistance Program
504 Medical Arts Building
(412) 647-3327 or (866) 647-3327
IX. REFERENCES
Policy 02-04-03, Faculty-Student Relationships
Policy 07-01-03, Nondiscrimination, Equal Opportunity, and Affirmative
Action