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Appendix D -- University of Connecticut School of Law Policy on Harassment

The University of Connecticut School of Law is dedicated to maintaining an academic environment free of exploitation, coercion and intolerance. Discrimination because of race, national origin, ethnicity, ancestry, religion, gender, sexual orientation, age or physical or mental disability is illegal and destructive of the Law School's mission. Discrimination in any form frustrates individual achievement, a comfortable learning climate, and the integrity of the Law School.

This policy focuses on discriminatory harassment, one form of discrimination. It seeks to further understanding in the Law School community of the types of behavior that may constitute discriminatory harassment, and to make available to persons aggrieved by discriminatory harassment an informal complaint resolution procedure within the Law School. This informal procedure supplements the formal complaint procedures of the University and state and federal administrative and judicial remedies, and is not intended to discourage their use.

The purpose of this policy is to promote an academic environment in which people are free to work and learn without fear of discrimination and abuse based on membership in a protected group. This policy reflects conscious and difficult choices concerning coverage, procedures and academic freedom.

• Coverage
• Informal Procedures
• Scope
• Definitions
• Consensual relations
• Other discriminatory harassment
• Procedures

Coverage

This policy addresses all forms of discriminatory harassment that involve use of Law School institutional power or authority. Specifically, it is designed to articulate the institution's standards of conduct for faculty members in dealing with students, other employees, and colleagues. The relationship between students and faculty members is at the heart of the educational mission of the School and must be protected against misconduct and other improprieties, as well as their appearance. To accomplish its purposes more fully, this policy also addresses all other discriminatory harassment that involve use of Law School institutional power or authority. It also is designed to provide a campus-based policy and procedure to respond to complaints of harassment against co-workers, regardless of whether the complaint involved use of institutional power or authority.

This policy is not designed to reach relationships between students where institutional power or authority is not implicated. While discriminatory harassment is possible in these relationships, complaints of harassment in this context are more appropriately addressed by policies and procedures governing student conduct.

This policy is designed to assure all members of the community that complaints will be addressed fairly and expeditiously. It also prohibits any member of the Law School community from discriminating or retaliating against an individual for having initiated an inquiry or complaint regarding an incident of discriminatory harassment.

Informal Procedures

This policy establishes only informal procedures and remedies because it is intended to supplement the policies, laws, regulations and procedures of the University, the state government, and the federal government concerning discriminatory harassment. Those policies, laws, and regulations establish formal adjudicatory mechanisms and a more explicit and complete range of sanctions and other responses. This law school policy is intended to complement existing procedures and remedies; it in no way displaces or limits them. Resort to the law school's policy and procedures is not a required pre-condition to use of other procedures and remedies, and resort to the law school's policy does not limit application of other procedures and remedies.

Scope

The relationships between students and faculty are the essence of an institution of learning and this policy specifically applies to these relationships. To more fully accomplish its objectives, this policy also applies to all student, staff and other employee relationships in which one individual has institutional authority over another, including but not limited to: student relationships with administrative and other staff, law journal editors, teaching assistants, or Moot Court Board members; and relationships between subordinate and supervisory employees. This policy further applies to other relationships between or among employees, including faculty and all staff, regardless of whether institutional authority is implicated.

Definitions

Sexual Harassment. Sexual harassment is defined as any unwanted sexual advance or other conduct of a sexual nature whereby (a) submission to these actions is made either explicitly or implicitly a term or condition of an individual's employment, performance appraisal, or evaluation of academic performance; or (b) these actions affect the conditions of an individual's education or employment by creating an intimidating, hostile, or offensive environment. Such conduct will constitute sexual harassment regardless of whether it is directed towards a person of the opposite or the same sex.

Examples of conduct that constitute sexual harassment include but are not limited to:

• sexual assault;
• express or implied threats that submission to sexual advances will be a condition of a grade, a letter of recommendation, academic evaluation, employment, or work status;
• classroom behavior of a sexual nature, not legitimately related to the course, that creates an intimidating, hostile or offensive environment, including but not limited to: 1) comments of a sexual nature; 2) statements or behavior based on sexual stereotypes; 3) statements, questions, jokes, or anecdotes of a sexually explicit nature; 4) the use of teaching materials, including handouts, books, hypotheticals, lectures, and exam problems that gratuitously emphasize sexuality or sexual stereotypes.

Any unwanted sexual advance or other conduct of a sexual nature, either in or outside the classroom, that creates an intimidating, hostile or offensive working or learning environment, including, but not limited to, the behavior enumerated in the previous section, as well as: 1) intentional and unwanted touching, patting, hugging, or other physical contact; 2) suggestive remarks about a person's clothing or body; 3) remarks about sexual activity or speculations about sexual experience; 4) repeated and unwanted staring; 5) repeated and unwanted personal notes or telephone calls; 6) a direct proposition of a sexual nature.

In determining whether behavior constitutes harassment in violation of this policy, the totality of the circumstances and the context in which the behavior occurs will be considered. This approach is intended to ensure the protection of individual rights, freedom of speech, and academic freedom. This policy is in no way intended to suggest that classroom or out-of-class discussion of sexuality or sexual stereotypes is always inappropriate. Discussion of topics having a legitimate relationship to classroom discussion or the free debate of issues and ideas is not prohibited.

Consensual relations

Those who teach and supervise are entrusted with guiding students, evaluating their work, giving grades and providing job recommendations. Romantic or sexual relationships between faculty members and students create the appearance of undue advantage in an academic setting. Professionalism requires those in positions of authority to recognize that in relationships with students or subordinates, there is always an element of power. Abuse of power, or the appearance of its abuse, through romantic or sexual involvement, diminishes the trust and respect essential to the openness and freedom from constraint that an academic community requires.

Faculty members who occupy a position of institutional power should be held accountable for abuse of that power. A sexual relationship between a faculty member and a student which occurs during a period of instructional or supervisory responsibility is presumed to involve sexual harassment should a complaint be made under this policy, subjecting the respondent to the provisions of this policy. Even when both parties have consented to romantic or sexual involvement, a complaint of sexual harassment against the faculty member is not precluded.

Romantic or sexual involvement between faculty and students in which there is no current instructional or supervisory responsibility also carries the potential for diminishing the trust and respect necessary for all faculty-student relationships. The faculty member must realize that he or she may eventually be responsible for evaluating the student's work, giving a job recommendation, or holding some other type of institutional authority over the student. If this situation arises, the faculty member is expected to make alternate arrangements by promptly finding someone else to evaluate, supervise, instruct, or recommend the student.

Romantic and sexual relationships arising between students and those exercising institutional power over them, including administrators and other staff, law journal editors, teaching assistants or Moot Court Board members; between staff and faculty; and between supervisory and subordinate employees raise similar issues involving the potential abuse of institutional authority. Such romantic and sexual relationships are also presumed to involve sexual harassment should a complaint be made under this policy, subjecting the respondent to the provisions of this policy.

Other discriminatory harassment

Other discriminatory harassment is conduct directed towards an individual because of that person's race, ethnicity, ancestry, national origin, religion, gender, sexual orientation, age or physical or mental disability, that creates a hostile, intimidating or offensive working or learning environment.

Examples of conduct that constitutes discriminatory harassment include, but are not limited to:

• assault, intimidation or threats;
• classroom behavior, not legitimately related to the course, that creates an intimidating, hostile or offensive environment on the basis of membership in a protected group, including but not limited to: 1) use of discriminatory epithets; 2) subjecting a person to abuse, humiliation or ridicule because of their membership in a protected group; 3) statements or behavior based on group stereotypes; 4) statements, questions, jokes, or anecdotes that denigrate members of a protected group or the religion, culture, traditions, dress, sexual habits or accommodation requirements or other traits associated with a protected group; 5) differential treatment of members of a protected group; 6) the use of teaching materials, including handouts, books, hypotheticals, lectures, and exam problems that gratuitously emphasize stereotypes about a protected group;
• any behavior, either in or outside of the classroom that creates an intimidating, hostile or offensive environment on the basis of membership in a protected group, including, but not limited to, the behavior enumerated in the previous section, as well as: 1) offensive and unwelcome remarks or questions about a person's race, national origin, ethnicity, ancestry, religion, religious attire, physical or mental disability or need for accommodation, gender, sexual orientation or age; 2) repeated and unwelcome staring; 3) personal notes or telephone calls that harass, humiliate or intimidate on the basis of membership in a protected group.

As with sexual harassment, the totality of the circumstances and the context in which the behavior occurs will be considered in determining whether this policy has been violated. This approach is intended to ensure the protection of individual rights, freedom of speech, and academic freedom. Discussion of group status or stereotypes that has a legitimate relationship to classroom discussion or the free debate of ideas and issues is not prohibited. Nothing in this policy is intended to prohibit legitimate behavior or speech associated with discussing or implementing the affirmative action policies of the Law School.

Procedures

Harassment advisors. Each year, after consulting with the Harassment Committee, the Dean shall appoint four or more members of the law school community to serve as Harassment Advisors. This group shall always consist of at least one student, one administrator, one faculty member, and one staff member. Advisors will ordinarily serve terms of three semesters so that there will be experienced Advisors still serving their terms while new Advisors are being trained. It is the responsibility of the Advisors to be thoroughly familiar with Law School and University policies and procedures, both informal and formal, regarding discriminatory harassment, and to provide basic information on state and federal administrative procedures.

Any person who believes that she⁽¹⁾ has been discriminatorily harassed is encouraged to discuss the matter with an Advisor and is urged to do so as promptly as possible after the alleged harassment. The Advisor shall discuss with the complainant both informal and formal procedures for bringing a complaint, issues of confidentiality, retaliation, and any other relevant matters. All complainants must be advised about the possibility of disclosure of their name and the name of the person accused of harassment. Complaining parties should, however, be assured that the harassment policy protects against retaliation against individuals who complain about harassment.

Discussions with the Advisor will be informal and advisory, but the Advisor shall inform the complainant at the beginning of each discussion that a record of the discussion, including the names of the complainant and the identity of the alleged harasser will be forwarded to the Dean. The Advisor will also supply the complainant with a list of private and public organizations and agencies that provide information on harassment and may be able to promise confidentiality.

Complaints. The Advisor will prepare a report which will be submitted to the Dean and a copy of this report shall be delivered to the complainant and to the individual against whom the complaint is made.⁽²⁾ Both of these parties will be advised of their right to submit a written response to the Dean.

Any law school employee who is the subject of a complaint under these policies will be informed of the existence of the complaint within a reasonable time after the complaint is filed.

Nothing in this policy precludes any person from reporting at any time alleged instances of harassment directly to the Dean.

Informal procedures. A complainant who files a complaint may:

• speak with the respondent directly;
• request the dean to speak with the respondent or;
• propose another method of resolution.

During any of these steps, both the respondent and the complainant may be accompanied by a representative.

The goals of these informal procedures are to discuss the complaint with the respondent, agree on changes in behavior where necessary, and arrive at a resolution acceptable to the complainant and the respondent. Informal procedures are not prerequisites to mediation, described below, or to engaging in formal resolution of the matter through University, state or federal procedures.

Mediation. If the complainant is not satisfied with the result of the informal procedures described above, or if she does not wish to utilize it at all, mediation is an option. Mediation provides a forum where the complainant and the respondent can, with the aid of a neutral third party, come to a mutually satisfactory resolution. A complainant wishing to proceed to mediation shall so inform the Dean's Office, and the dean then will attempt to arrange mediation. Both parties must be willing to participate in the mediation process and agree upon who the mediator will be. The mediator may propose solutions, but any resolution of the complaint must be acceptable to both parties. During mediation, both the complainant and respondent may be accompanied by a complaint representative. The decision of the mediator must be acceptable to both parties. Mediation is not a prerequisite to formal resolution of the matter through University, state or federal procedures.

Records. Documents or other records that are created in the course of informal procedures or mediation will be destroyed at the end of the proceeding, unless the dean determines that there is a need to retain them. Parties to an informal procedure or mediation, and their representatives, may retain copies of any records or documents submitted or signed by any party.

Additional procedures. If a situation arises in which informal resolution is not desirable or is unsatisfactory to the complainant, formal procedures are available through the University. In addition, state and federal administrative or judicial procedures are available. The full text of documents relating to University procedures are available in the Office of the Dean, the Public Safety Office, the Communications Center, and the Library.

Once a complaint is filed, nothing in these procedures precludes the University from taking action in response to the complaint.

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1. This policy is applicable to harassment against women and men. References to the complainant as she are not intended to limit the coverage of this policy.

2. An anonymous complaint may be permitted if there is evidence of the harassing conduct beyond the complainant's report, such as when a complaint is filed concerning gratuitous sexual references in an examination problem.