Policy
Statement
The University of San Francisco ("University") is committed
to a workplace and educational environment that is free of sexual and
other unlawful harassment. Sexual harassment is unlawful under Title IX
of the 1972 Education Amendments, Title VII of the Civil Rights Act of
1964, and the California Fair Employment and Housing Act. As a matter of
University policy, sexual or other unlawful harassment occurring in the
course of any University activity is prohibited. This policy provides
complaint procedures to assist the University in its efforts to
implement this policy.
Harassment on the basis of race, religious creed, color,
national origin, ancestry, disability, marital status, medical condition
(cancer-related or genetic-related), sexual orientation, sex, age, or
any other protected status under federal, state or local law, ordinance
or regulation applicable to the University, is a violation of this
policy.
Any such harassment of any individual in the course of any
University-administered program, job or activity is prohibited and shall
not be tolerated. The University shall take prompt and effective
corrective action to address unlawful harassment, including, where
appropriate, dismissal or expulsion. The policy explicitly applies to
University students, faculty, staff, administrators, independent
contractors and all other individuals engaged in University activities.
Individuals who know of harassment, or believe that they have been
harassed in violation of this policy, have access to the complaint
procedures described below and are encouraged to utilize these complaint
procedures.
Statement of Prohibited Conduct
Sexual Harassment Violates State and Federal Law:
Conduct in violation of this policy occurs when an
individual's behavior involves (1) unwelcome sexual advances; (2)
unwelcome requests for sexual favors; (3) other unwelcome verbal,
physical, or visual behavior of a sexual nature; or (4) harassment or
discrimination based on gender. Such conduct is a violation of this
policy and of law when:
- Submission to such behavior is made explicitly or
implicitly a term or condition of an individual's education or
employment; or
- Submission to, or rejection of, such behavior by an
individual is used as a basis for educational or employment decisions;
or
- Such behavior otherwise has the purpose or effect of
unreasonably interfering with, or otherwise creating an intimidating,
hostile, or offensive educational or employment environment.
- Title VII and Title IX of the Civil Rights Act of 1964; 29
CFR ยง 1604.11(a).
Prohibited Behavior
Harassing behavior may take a variety of forms including,
but not limited to, the following:
- Verbal conduct such as epithets, derogatory comments,
slurs, or unwelcome sexual advances, invitations, or comments;
- Visual conduct such as derogatory posters,
photography, cartoons, drawings, or gestures;
- Physical conduct such as unwanted touching, blocking
normal movement, or interfering with work;
- Threats and demands, such as those which seek
submission to sexual requests, in order to retain employment or
education benefits and/or offers of job or education benefits or
conditions in return for sexual favors;
- Retaliation, in the form of adverse employment or
educational actions opposing, reporting or threatening to report
harassment or for participating in a good faith investigation
proceedings or hearings related to this policy;
- Harassing behavior includes conduct directed towards
persons of the same or opposite sex.
Retaliation Is Prohibited
An individual's good-faith filing of or pursuing a complaint
under this policy or otherwise reporting, complaining, assisting or
cooperating in good faith with a complaint of harassment shall not be
the basis for any adverse University decision regarding the student,
employment or other status of any student, faculty member, staff member,
administrator, independent contractor or other individual engaged in
University activities. Such retaliation is forbidden by this policy.
Procedure for Harassment Complaints
The University encourages students, faculty, staff,
administrators, independent contractors and all other individuals
engaged in University activities who know of harassment, or believe that
they have been harassed in violation of this policy to utilize the
complaint procedures described below. A complaint should be filed
promptly if an instance of harassment has occurred or is expected to
occur. Unless good cause exists, complaints must be filed no later than
one year after the harassment occurs.
The complaint procedure is as follows.
Reporting Harassment
Students, faculty, staff, administrators, independent
contractors and all other individuals engaged in University activities
are encouraged to report any conduct of which they have direct knowledge
and which they in good faith believe constitutes harassment in
violation of this policy. Managers have a legal duty to report any
conduct of which they have direct knowledge, and which they in good
faith believe constitutes harassment in violation of this policy.
Intake Procedure
Students, faculty, staff, administrators, independent
contractors and all other individuals engaged in University activities
who have a harassment complaint are encouraged to contact a University
intake officer as soon as possible after the act of harassment has
occurred. Delay in initiating a complaint impedes the University's
ability to remedy unlawful harassment.
The individual making the complaint ("complainant") may
contact one of the following intake offices, each of which has a
designated and trained University member to receive such complaints and
to initiate actions under this procedure:
- Residence Life; Phelan Hall, Room 140; Steve Nygaard,
Director, 415-422-6824
- Academic Support Services; Gleeson Library, Room LL
20; Charlene Lobo Soriano, Associate Director, 415-422-6841.
- Human Resources; Lone Mountain 339; Elsie Tamayo,
University Affirmative Action Officer, 415-422-6707
Should a complainant choose not to file a complaint using
one of the intake options set forth above, she/he may bring the matter
to the attention of any appropriate administrator or designee.
University officials are empowered and required to address harassing
behavior promptly and thoroughly. A complainant may always directly
contact her/his department head or supervisor, or the University's
Affirmative Action Officer. If the harassing behavior involves the
department head or supervisor, a complainant may contact the next level
supervisor. As soon as the complainant contacts the department head or
supervisor directly, the department head or supervisor shall immediately
notify the University's Affirmative Action Officer.
During intake, complainants shall be informed of both the
informal and formal complaint procedure options.
Informal Complaint Procedure
- The complainant may initially meet with the
appropriate Dean, department head, or supervisor, or, if the complainant
is a student complaining of conduct that is not within an employment
context, with the Vice President for University Life. The Vice President
shall immediately notify the University Affirmative Action Officer; or
- The complainant may initially meet with the person
whose conduct is complained of ("accused"), with the intake officer
present to assist in the discussion; or
- The complainant may request that the intake officer
initially meet with the accused.
Informal options may always be pursued as a first step. The
intake officer and/or Affirmative Action Officer shall be available to
meet with the individuals involved jointly or separately, and seek to
find a resolution that is acceptable, provided the University concludes
that such resolution is likely to provide prompt and effective
corrective action. Any such proposed resolution at the informal
complaint stage must be presented to the Affirmative Action Officer for
review. All efforts to resolve complaints informally should be made
promptly and within 30 working days of receipt of the complaint.
If an acceptable resolution is not reached, or is not likely
to be reached, within 30 working days or otherwise in a manner
necessary to promptly and effectively correct harassment, the
complainant or the Affirmative Action Officer may determine to resolve
the matter through the formal complaint procedure, or the University may
take immediate action it deems necessary to ensure prompt and effective
corrective action.
Formal Complaint Procedure
At the time of intake or thereafter, the complainant may
file a written complaint with the Assistant Vice President for Human
Resources ("AVP"). The AVP shall promptly provide written notice of the
complaint to the applicable Dean, department head and/or supervisor, and
the applicable Vice President for the accused. A copy of such written
notice shall also be provided to the accused.
The complainant should ordinarily include details of the
incident(s), the name(s) of the person(s) alleged to have engaged in the
conduct complained of, the names of any witnesses, and all relevant
documents.
Investigation
All complaints shall be investigated by the Affirmative
Action Officer, other trained University personnel and/or a retained
independent investigator. The investigator shall expeditiously
investigate the matter in accordance with all applicable state and
federal law. The investigator shall interview the complainant, the
accused and such other students, faculty, staff, administrators,
independent contractors and all other individuals engaged in University
activities as necessary to conduct a full and fair investigation. The
investigator shall then prepare a written report to the AVP. Where the
University has previously reviewed the conduct at issue in another
forum, the AVP may elect to consider the prior review before, in
conjunction with, or in lieu of a separate investigation under this
policy.
The written report of investigation shall summarize
information relevant to a determination of whether a violation of this
policy occurred and/or what, if any, corrective action should be taken
by the University. The AVP shall promptly transmit a copy of the report
to the appropriate University officer, with any recommendations. If the
complaint concerned behavior by or affecting a student or behavior
between or among students, the report shall be forwarded to the Vice
President for University Life. The written report of investigation shall
be confidential.
Confidentiality
Every reasonable effort shall be made to protect the privacy
of the complainant, the accused, and witnesses in the investigation and
resolution process, subject to the need to conduct a full and impartial
investigation, remedy violations, monitor compliance, and administer
this policy.
Determination
The appropriate University officer, in consultation with the
AVP, shall promptly make a determination of the complaint. The
determination shall be communicated to the complainant, the accused, and
the applicable Vice President for the accused.
Independent Action by University
To assist the University to determine whether a violation of
this policy has occurred and/or to determine what, if any, corrective
action should be taken, the AVP or her designee may initiate an
investigation with or without a formal complaint being filed.
Corrective Action
Corrective action may include disciplinary action toward the
person(s) whose conduct is found to violate this policy. Disciplinary
action may include, but is not limited to, warning, suspension, or
termination from employment, the University's residential facilities, or
other affiliation with the University. Disciplinary action, including
expulsion, and/or any other corrective action shall be implemented in a
manner consistent with other University policies and procedures and
applicable University collective bargaining agreements.
Other forms of corrective action may be taken to the extent
necessary to correct or prevent violations of this policy.
Appeal Procedure
A person whose conduct is found to violate this policy may
appeal a University determination of discipline of the complaint under
the applicable student handbook, collective bargaining agreement, or
employee handbook.
Resources
Within the University
The Affirmative Action Officer is Maye-Lynn Gon-Soneda,
415-422-6707, Lone Mountain, Room 339. Contact the Affirmative Action
Officer if you have questions or would like more information about this
policy.
Outside the University
Members of the University may file a timely harassment
complaint with the federal Equal Employment Opportunity Commission
(EEOC), the federal Office of Civil Rights (OCR), and/or the California
Department of Fair Employment and Housing (DFEH) at the addresses and
phone numbers listed below:
EEOC
- 901 Market Street, Suite 50
- San Francisco, CA 94103
- (415) 356-5100
OCR
- 50 United Nations Plaza, Room 239
- San Francisco, CA 94102
- 1-800-514-0301
DFEH
- 455 Golden Gate, Suite 760
- San Francisco, CA 94102-7008
- 1-800-884-1684
