UNIVERSITY OF SAN FRANCISCO
PREVENTION OF SEXUAL & OTHER UNLAWFUL HARASSMENT POLICY
Effective June 22, 2007
A. 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.
B. STATEMENT OF PROHIBITED CONDUCT
1. 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 §1604.11(a).
2. 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.
3. 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.
C. PROCEDURES 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:
1. 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.
2. Intake Procedure:
(a) 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.
(b) 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:
