Campus Policy Prohibiting Harassment

Policy Statement
Policy Scope and Applications
Responsibilities
Policy Approval and Amendments
Appendices

The University of Puget Sound values and celebrates a diverse educational community based on mutual respect, trust, and responsibility. Puget Sound believes its students, faculty members and all other employees should learn, teach, work, serve and lead in an environment free from harassment.

Puget Sound is a community that encourages a rich knowledge of self and others, an appreciation of commonality and difference, the full, open, and civil discussion of ideas, thoughtful moral discourse, and the integration of learning. This community recognizes the importance of academic freedom, open exchange of ideas and creative, intellectual expression. The Campus Policy Prohibiting Harassment provides means for investigation of and response to harassment concerns, resolution of issues, and corrective action when necessary. The university encourages any person who believes he or she has been harassed to seek prompt assistance under the policy.

I. Policy Statement

The University of Puget Sound prohibits discrimination in education or employment on the basis of sex, race, color, national origin, religion, creed, age, disability, marital or familial status, sexual orientation, veteran status, gender identity or any characteristic that is legally protected under applicable local, state or federal law. This Campus Policy Prohibiting Harassment explicitly defines harassment, including sexual harassment, as a prohibited form of discrimination. This policy further prohibits sexual assault and other forms of nonconsensual sexual conduct. In addition, the university prohibits consensual sexual relationships between a faculty or staff member and a student whenever the faculty or staff member is in a position of professional responsibility with respect to the student.

This policy is intended to meet and may generally exceed the requirements of applicable federal, state and local law. However, this policy does not provide a substitute procedure for redressing any person's legal rights, or create legal rights separate from applicable laws. Additionally, the university is not prevented by this policy from acting to remedy a problem that could also be remedied by resort to legal action.

II. Policy Scope and Applications

A. Policy Scope

This policy applies when the conduct prohibited by this policy occurs between any member of the student body, faculty, or staff and any other member of the student body, faculty, or staff. This policy also applies when the prohibited conduct occurs between a member and a nonmember of the student body, faculty, or staff, such as an off-campus visitor, vendor, independent contractor, work-study employer, internship supervisor, prospective student, or volunteer.

The university may impose sanctions if the prohibited conduct occurs on university premises or in connection with a person's participation in a university-sponsored organization, program, or activity, or if the conduct poses a risk of harm to any member of the campus community, including but not limited to any of the harmful effects encompassed by the definitions of discriminatory harassment, sexual harassment or sexual assault.

B. Discriminatory Harassment

Discriminatory harassment consists of conduct of any type (e.g., oral, written, graphic, or physical) directed against a person (or group of persons) because of his or her (or their) race, color, national origin, religion, creed, age, disability, marital or familial status, sexual orientation, veteran status, gender identity or any protected characteristic, which is sufficiently severe, persistent or pervasive as to limit or deny a student's ability to participate in or benefit from an educational program or a faculty, staff or student staff member's ability to perform or participate in a work environment. Questions may arise about the balance between freedom of expression and the right of individuals to be free from harassment. For example, in the classroom or in co-curricular discussion, the university emphasizes critical and analytical thinking, the testing of opinions, and rich debate about texts and artifacts, ideas and values. Students engaged in the process of liberal arts education will likely confront uncomfortable moments and ideas that are disquieting, or even offensive to them. Discriminatory harassment, as defined above, includes something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive. To engage in harassing behavior is to treat someone inappropriately or unfairly. Students should expect to be challenged by their education, but they also have the right to participate in educational discussion without being inappropriately or unfairly singled out by race, national origin, age religion, sexual orientation or other protected characteristics or status recognized by the university or applicable law.

For additional information relating to the application of this policy, see Appendix A. For additional information relating to the legal foundations for this policy, see Appendix F.

C. Sexual Harassment

Sexual harassment is a form of discriminatory harassment and is defined by this policy to include unwelcome verbal or physical conduct of a sexual or nonsexual nature that is directed toward a person because of the person's sex, when:

1. Submission to the conduct is made either explicitly or implicitly a term or condition of a person's employment or education, or the person's submission to or rejection of the conduct is used as a basis for a decision affecting the person's employment or education (quid pro quo harassment); or

2. The conduct has the purpose or effect of unreasonably interfering with a person's work or educational performance or creates a hostile working or learning environment (hostile environment harassment). Conduct of concern under this policy will be evaluated in terms of (1) whether a reasonable person of the same sex and in the same circumstances as the person would find the behavior intimidating or hostile, and (2) whether the complainant actually perceived the environment to be hostile.

For additional information relating to the application of this policy, see Appendix B.

D. Sexual Assault

Sexual assault is defined by this policy with reference to applicable criminal law and consists of any actual, attempted, or threatened form of nonconsensual sexual intercourse or other sexual conduct of a forcible, threatening, or otherwise nonconsensual nature. Sexual conduct is of a nonconsensual nature if the complainant objected or manifestly attempted to object to the conduct, or if his or her capacity to consent was substantially impaired by reason of physical force, threat or intimidation, lack of opportunity to object, physical or mental disability, drug or alcohol consumption, or other voluntary or involuntary cause.

See Appendix C for additional information relating to the application of this policy.

E. Consensual Sexual Relationships

A consensual sexual relationship between a faculty or staff member and a student does not necessarily involve sexual harassment. However, the university's educational responsibilities to its students are potentially compromised in all such cases by the likelihood or even the appearance of a conflict of interests. Consequently, this policy prohibits consensual sexual relationships between a faculty or staff member and a student whenever the faculty or staff member is in a position of professional responsibility with respect to the student. A faculty or staff member has a professional responsibility when he or she is currently or potentially in a position to make or influence a decision or to confer or withhold a benefit relating to the student's education or employment. In accord with the university's conflict of interest provisions, this policy prohibits faculty or staff members from exercising supervisory responsibility with respect to another faculty or staff member with whom they are involved in a consensual relationship. A faculty or staff member who enters into such a consensual relationship is required to disclose the relationship to his/her superior(s) so that reassignment, alternative supervision processes, or other arrangements can be facilitated and documented.

F. Other Behaviors of Concern

Some complaints that students, staff members or faculty members may bring forward to designated officials may not constitute discriminatory harassment. The reported behaviors may nonetheless be of concern and may constitute lack of compliance with campus expectations outlined in other published campus policies and codes. Such complaints will be addressed through the appropriate resolution procedures of the Student Integrity Code, the Staff Policies and Procedures Manual, or the Faculty Code.

III. Responsibilities

A. General

All members of the campus community have a responsibility to govern their own conduct in accordance with this policy. In addition, any person who knows about a harassment problem, including sexual harassment, is strongly encouraged to report it to a designated university official.

B. Supervisory Responsibilities

Supervisors are particularly responsible for helping to prevent and eliminate discriminatory harassment, including sexual harassment, in the areas they oversee. A supervisor who believes as a result of direct observation or from a report brought to him or her that harassment, as defined in Sections II.A and II.B, is or may be occurring must report the problem to a designated official even if the problem is not within his or her area of responsibility. All faculty members likewise have a supervisory responsibility to report a harassment problem. Requests for confidentiality will be respected if at all possible (see Section IV.D). Supervisors must also help to ensure that no retaliation occurs against persons who complain of sexual or other harassment or who cooperate with a harassment investigation. Failure to comply with these supervisory responsibilities may subject the supervisor or faculty member to disciplinary action.

C. Information and Education

This policy emphasizes the importance of information and education in preventing discriminatory harassment, including sexual harassment. A copy of this policy will be made available to all members of the faculty, staff, and student body. In addition, all faculty, staff, and students should be regularly encouraged to participate in educational programs concerning the prevention and reporting of harassment problems. Participation in such programs will be expected of academic and administrative department heads. This policy authorizes the President to appoint such advisory groups as may be needed to assist in developing appropriate educational programs and informational materials.

IV. Complaint Procedure

A. General

Anyone who perceives himself or herself to be a victim of sexual assault, sexual harassment or other discriminatory harassment is strongly encouraged to use this complaint procedure. Immediate response procedures for instances of sexual assault are outlined in Appendix C. Complaints may be handled informally as described below or by means of the formal procedures as provided by the Faculty Code, the Staff Policies and Procedures Manual, or the Student Integrity Code, depending on whether the person charged is a member of the faculty, staff, or student body, respectively.

B. Retaliation and False Complaints

This policy prohibits threats, other forms of intimidation, or retaliation of any kind against a person who reports a harassment problem or who cooperates with a harassment investigation. Any such conduct will itself constitute a violation of this policy and may subject the offender to disciplinary action.

An intentionally false complaint will also constitute a violation of this policy and may subject the offender to disciplinary action. A complaint is not considered to be falsely reported merely because the evidence does not suffice to support a formal charge.

C. Counseling and Support Resources

1. Counseling Services

   The counseling staff of Counseling, Health and Wellness Services are available to provide confidential counseling to any student who has a problem or concern with respect to discriminatory harassment, sexual harassment or sexual assault. Confidential counseling for faculty and staff is available through the university's Employee Assistance Program (EAP). The only role of the counseling staff with respect to any party to a harassment complaint will be to provide confidential counseling and emotional support. Unless otherwise required by law, a counseling staff member is not required to report a client's harassment problem to the university without the client's consent.

2. Personal Support for Parties to Complaint

   The immediate parties to a harassment complaint may each request the university to approve the designation of a person of his or her choice, such as a peer, colleague, faculty advisor, supervisor, or member of the Harassment Advisory Group to provide emotional and other personal support at all times during the complaint process and after its resolution. This person may be present whenever the party is involved in any phase of an informal or formal procedure. However, he or she may be asked to maintain the confidentiality of the proceeding.

See Appendix E for additional information relating to the application of this policy.

D. Initiation of Complaint Procedure

A faculty, staff, or student complaint may be brought to any of the university officials designated by the President (see Appendix E).

The university's general practice for handling complaints is as follows, recognizing that circumstances of a particular case may require some flexibility of process: The official will interview the complainant and make a written summary of the interview, including the specific nature and effects of the conduct in question, the time and circumstances in which it occurred, and the names of other persons who may have relevant information. The complainant will have an opportunity to review, amend and affirm by signature the accuracy of the interview summary. The investigating officer will also advise the complainant of the likely scope and nature of the complaint investigation and the procedures that will apply if formal charges are brought. In addition, the complainant will receive a copy of this policy and the appropriate faculty, staff, or student procedures.

Complaints may also be brought to the head of the complainant's academic or administrative department, to the department head of the person behaving objectionably, or to a discriminatory harassment complaint ombudsperson who shall be a tenured member of the faculty appointed by the President in consultation with the Chairs of the Professional Standards and Student Life Committees of the Faculty Senate (see Appendix E).

The role of a department head or complaint ombudsperson will be to counsel the complainant about sources of further information and assistance. If requested by the complainant, the department head or ombudsperson may assist with informal resolution efforts, or he or she may refer the complainant to one of the above designated officials. In any event, the department head or ombudsperson must promptly report the complaint to a designated official, even if the complainant wishes to proceed informally or decides not to pursue the matter.

Complaints will be treated confidentially to the extent permitted by this policy's reporting requirements and the university's need to investigate and resolve the reported problem. If at all possible, especially during the investigation of the complaint, the complainant's identity will not be disclosed without the complainant's consent. However, disciplinary action cannot be taken without informing the respondent of the complainant's identity, unless the charges could be effectively rebutted without knowing who made them. The university may need to initiate a disciplinary action, even if the complainant does not request it, because the university has an obligation to resolve any reported harassment problem, including sexual harassment.

E. Informal Resolution Procedure

1. General

   In many instances, a complainant may prefer to seek an informal resolution of a harassment problem, especially if the purpose in bringing the complaint is simply to put a stop to the offending behavior. A variety of informal methods may empower the complainant to achieve an effective resolution of the problem without becoming involved in a potentially lengthier, more adversarial, and less confidential formal process. However, the use of an informal process is entirely voluntary. A complainant may instead request a formal resolution procedure or terminate an informal process once it is begun and then seek a formal resolution.

2. Informal Resolution Alternatives

   A range of alternatives as outlined below may be available to resolve a discriminatory harassment problem informally. A complainant should be informed as appropriate of possible informal ways to put a stop to the offending behavior on his or her own or with the assistance of other persons. However, a complainant who is uncomfortable using any informal process is not expected and should not be encouraged to pursue it.

   (1) A variety of interpersonal techniques may assist a complainant in resolving a problem informally on his or her own. See Appendix D for examples of some of these informal methods. Alternatively, a complainant might request the university to designate a person of the complainant's choice to initiate a confidential discussion with the person whose conduct is objectionable, with or without disclosing the complainant's identity.

   (2) Any of the immediate parties to the complaint may request the designation of a mutually acceptable representative of the university to arrange and supervise an informal resolution conference. The representative's role would be to assist the parties to talk about the problem, either in person or by communicating through the representative, and to seek a mutually satisfactory resolution which shall be summarized in writing and signed by the parties and by the representative. Any party may at any time refuse to continue the informal process. The representative may also reject or terminate the informal process or reject any proposed resolution if the university determines that the process or resolution may be unfair to either party or contrary to law or university policy.

   (3) There may be other informal processes that may help to resolve a discriminatory harassment, including sexual harassment problem. Even after a formal procedure is initiated, any party to the complaint may propose an informal resolution process at any time during the formal process. A proposed resolution should not be rejected solely because it is not specifically referenced by this policy, as long as the policy is applied fairly, impartially, and consistently with the best interests of the parties and the campus community in resolving a harassment problem.

F. Formal Resolution Procedure

1. Initiation of Formal Procedure

   A formal procedure may be initiated on the complainant's or on the university's own behalf by any of the officials designated by the President (see Appendix E).

2. Complaint Investigation

   The investigating officer will endeavor to promptly notify the respondent of the nature and circumstances of the complaint. The officer will advise the respondent that the complaint is being investigated and that formal charges could result. The university's general practice for working with respondents to complaints is as follows, recognizing that circumstances of a particular case may require some flexibility of process: The respondent will have an opportunity to meet with the investigating officer and will also receive a copy of this policy and the appropriate faculty, staff, or student procedures. In meeting with the respondent, the investigating officer will review the alleged grounds for the complaint and will make a written summary of the interview, including the specific facts and circumstances as related by the respondent and the names of other persons who may have relevant information. The complainant will have an opportunity to review, amend and affirm by signature the accuracy of the interview summary.

   The investigating officer will endeavor to promptly conduct a thorough investigation, making a reasonable effort to consult known sources of relevant information. Reasonable efforts should be made to keep the parties informed of the progress of the investigation. The determination as to whether charges will be brought as a result of the investigation will be made by the official as provided by the applicable faculty, staff, or student procedures. The official making this determination will consider all relevant information discovered as a result of the investigation.

   If charges are brought, the respondent will be notified of the specific charges, the formal procedures that will apply, and the sanctions that could be imposed if a violation is found. The notice will specify a reasonable time for answering the charges and will schedule a date for a formal proceeding as soon as practicable after the time expires for the respondent to answer. The respondent may propose a different date for good cause by including the request in his or her answer. A violation may be found if the respondent fails to answer or appear at the scheduled proceeding.

   If no charges are brought, the respondent and the complainant will both be notified that the respondent will not be charged based on the known facts as disclosed by the investigation. At the respondent's request, the university will similarly notify any other persons who were involved in the investigation.

3. Formal Hearing Procedure

   Any person formally charged with a violation of this policy will be afforded an opportunity for a fair and impartial hearing. The applicable procedure will be as provided under the Faculty Code, Staff Policies and Procedures Manual, or Student Integrity Code, depending on whether the respondent is a member of the faculty, staff, or student body, respectively. Following are references to the applicable provisions of those documents:

   1. Complaint Against a Faculty Member

      A faculty member's violation of this policy constitutes a breach of his or her contract of employment with reference to the applicable substantive provisions of Chapter I of the Faculty Code. A complaint against a faculty member must be formally adjudicated pursuant to the grievance procedures of Chapter VI or the dismissal procedures of Chapter V of the Faculty Code.

      Because the conduct prohibited by this policy, and possibly by applicable civil or criminal law, is inconsistent with the university's purpose to provide a nondiscriminatory and safe working and learning environment, such conduct is neither condoned nor protected by the principles of academic freedom, and this policy, therefore, does not in any way alter or qualify the protections of academic freedom as provided by the Faculty Code.

   2. Complaint Against a Staff Member

      A staff member's violation of this policy constitutes a violation of the conditions of his or her employment. A complaint against a staff member must be formally addressed through the corrective action policy of the Staff Policies and Procedures Manual.

   3. Complaint Against a Student

      A violation of this policy by a student constitutes a violation of Standard 6 of the Student Integrity Code and may also violate one or more other substantive code provisions. A complaint against a student must be formally adjudicated pursuant to the procedural provisions of the student code.

   4. Procedural Rules of General Applicability

      For purposes of adjudicating a complaint alleging a violation of this policy, the above referenced formal procedures will be supplemented to the following extent:

      (1) General. The applicable procedure will be conducted fairly, impartially, and with the purpose of discovering the truth. However, formal rules of procedure and evidence used in courts of law will not apply. Except as provided below, any evidence, including hearsay evidence, may be considered if it will assist the applicable fact finder in discovering the truth and is not unduly prejudicial to any party.

      (2) While the procedures of the Student Integrity Code provide the respondent in a conduct case the opportunity to meet with the hearing officer or the hearing body, the complainant in a formal harassment resolution process may elect to meet with the hearing officer or hearing body as part of the hearing process.

      (3) Burden of Proof. A finding of a violation of this policy requires proof that the allegations are more likely true than not true (preponderance of the evidence). If a respondent chooses not to respond, a violation may be found based solely on the statements of the person by or on whose behalf the complaint is brought.

      (4) Consent as Defense. Consent is not a defense in a sexual harassment or sexual assault complaint if the complaint concerns a student with respect to whom a faculty or staff respondent was in a position of professional responsibility at the time of the alleged misconduct. Consent may be available as an affirmative defense in some, but not necessarily all, other circumstances. Where the defense is available, the respondent will bear the burden of proving that the alleged conduct was of a consensual nature or that he or she in good faith reasonably believed that the complainant consented to the conduct.

      (5) Character Evidence. Evidence of a party's character is generally not admissible to prove conduct in conformity with that character on the occasion in question, except that either party may submit evidence of his or her good character. Evidence of the complainant's past sexual conduct is specifically inadmissible to prove consent on the occasion in question, unless the evidence concerns prior sexual conduct with the respondent. Prior conduct or other evidence of character is otherwise admissible for any relevant purpose and as fairness may require.

      (6) Unavailable Witness. The parties to the proceeding may question any witness to the extent permitted by the applicable procedure. However, a witness who is unable or unwilling to appear may offer evidence by means of a signed statement which need not be notarized. An unavailable witness may be examined by means of written responses to questions posed by either of the parties or by the factfinder. If the factfinder cannot evaluate the evidence without requiring the presence of the witness, the offered evidence may be excluded if his or her presence cannot be obtained.

      (7) Confidentiality. Formal proceedings will be closed to the public. The university will exert its best efforts to maintain the confidentiality of the proceeding and to protect the privacy of the immediate parties to the complaint. However, the immediate parties will both be notified in writing of the factfinder's decision and the nature of any sanctions imposed.

4. Sanctions

   The applicable decisionmaker may impose any one or more sanctions as appropriate in the circumstances. In imposing sanctions, the decisionmaker will consider the nature, frequency, and severity of the offending conduct, the resulting harm to other persons or to the campus community, the respondent's past disciplinary record at the university, and the likelihood of future harm to other persons or to the campus community. Sanctions should be imposed to serve a corrective rather than merely punitive purpose.

   1. Student Sanctions

      Sanctions that may be imposed upon a student include but are not limited to:

      1. official reprimand, including a warning of the possible consequences of further violations;
      2. conduct probation, during which period of time the student may not participate in cocurricular activities;
      3. permanent eviction from university housing;
      4. conduct suspension, consisting of a temporary separation of the student from the university;
      5. any one or more other corrective sanctions as appropriate, such as an apology to persons harmed, or participation in an appropriately designed educational or other appropriate counseling program;
      6. permanent expulsion from the university.
      
      

   2. Faculty or Staff Sanctions

      Sanctions that may be imposed upon a faculty or staff member include but are not limited to:

      1. official reprimand, including a warning of the possible consequences of further violations;
      2. restrictions on participation in campus activities or forfeiture of a benefit, honor, leadership position, or other privilege enjoyed by virtue of the person's membership of the faculty or staff;
      3. transfer, demotion, or forfeiture of promotion or salary increase;
      4. suspension or mandatory leave of absence;
      5. any one or more other corrective sanctions as appropriate, such as an apology to persons harmed, participation in an appropriately designed educational or counseling program;
      6. termination of employment.
         

   G. Records Retention and Disclosure

   The university will retain a confidential record of any harassment complaint and its final disposition. The existence and contents of this record may not be publicly disclosed by the university without the written consent of the person about whom the information is sought, except as permitted by the Family Educational Rights and Privacy Act or as required by legal process, including valid court order. The complaint record may otherwise be used by the university for legitimate internal purposes relating exclusively to the enforcement of this policy.

   V. Policy Approval and Amendments

   This Campus Policy Prohibiting Harassment and any subsequent amendments shall be adopted by the Board of Trustees upon recommendation by the President. This policy as approved or amended shall supersede any prior policy statements concerning harassment, including sexual harassment or other prohibited sexual conduct.

   Appendices to the Campus Policy Prohibiting Harassment provide explanatory guidance for the policy and may be amended administratively, consistent with the provisions of the policy.

   Origination Date: 1/1983
   Revised: 2/6/98; 5/13/05
   Owner: President's Cabinet
   Contact: Assistant to the President/Secretary of the Corporation

   APPENDIX A

   Discriminatory Harassment Comments and Examples

   Discriminatory harassment denigrates or shows hostility or aversion toward an individual or group because of a legally protected status or characteristic. Such conduct is often motivated by strong feelings against a group of persons. To be a victim of any harassment or violence is unacceptable, but to suffer such abuse because of one's identity compounds the victimization. The impact of discriminatory harassment extends beyond the individual who is targeted to all members of the group.

   The purpose of this policy is to protect students, faculty members and all other employees from discrimination, not to regulate the content of speech. The policy is not a speech code and does not proscribe particular words or viewpoints. A particular expression, standing alone, need not establish a hostile environment. Rather, conduct of concern under this policy will be evaluated in terms of (1) whether a reasonable person in the complainant's position, considering all of the circumstances in which the conduct occurred, would find the environment hostile and (2) whether the complainant actually perceived the environment to be hostile. Both tests must be met in order for the complainant to establish a severe or pervasive hostile environment.

   Discriminatory harassment generally involves repeated behavior or a pattern of offensive conduct that interferes with the victim's access to the educational or employment opportunities of the institution. However, the university may remedy any improper conduct, and a single instance of discriminatory harassment, if sufficiently serious, could result in the dismissal of a faculty or staff member or the expulsion of a student.

   Examples of behavior that could be reported for review under this policy include:

   1. Directing racial or ethnic slurs at someone.

   2. Telling someone repeatedly that they are too old to understand new technology.

   3. Teasing or mocking a person with a disability.

   4. Ridiculing a person's religious beliefs.

   5. Vandalizing or defacing property.

   6. Placing written or visual material, such as a swastika or a homophobic epithet, on the door of an individual's living or work area.

   7. Chalking anti-Semitic language on a campus sidewalk or parking lot.

   8. Stalking or physically assaulting someone.

   9. Making threatening telephone calls, writing threatening email messages, or leaving threatening voice mail messages.

   APPENDIX B

   Sexual Harassment Comments and Examples

   1. Quid Pro Quo Harassment

      In the case of quid pro quo harassment, the harasser is usually someone, whether of the same sex or of a different sex, with the formal authority or power to make or influence a decision affecting the person's employment or education. A single instance of quid pro quo harassment may result in the imposition of any sanction, including the dismissal of a faculty or staff member or the expulsion of a student.

      Following are some examples of conduct that may constitute quid pro quo harassment:

      1. Granting or denying an employment or education related benefit, such as a promotion, work assignment, course grade, or letter of recommendation, because of a person's submission or refusal to submit to a sexual advance, request for sexual favors, or other sexual conduct;

      2. Stating or implying that a person's submission or refusal to submit to sexual conduct will result in the person's receipt or denial of an employment or educational benefit.

   2. Hostile Environment Harassment

      The harasser in the hostile environment situation can be a person of the same sex or of a different sex in a position of formal authority or power, but can also be a co-worker, peer, or even a subordinate of the person harassed. This type of harassment generally involves repeated behavior or a pattern of offensive conduct that interferes with the victim's access to the educational or employment opportunities of the institution. However, the university may remedy any improper conduct, and a single instance of hostile environment harassment, if sufficiently serious, could result in the dismissal of a faculty or staff member or the expulsion of a student.

      Following are some examples of conduct that may constitute hostile environment harassment:

      1. Deliberate and unwanted hugging, kissing, pinching, brushing, patting, or other intimate touching of a person's body;

      2. Persistent and unwelcome sexual flirtations, advances or propositions of a sexual nature, or requests for dates or sex;

      3. Repeated and unwelcome remarks, written notes, gestures, or jokes of a sexually suggestive nature, unwelcome remarks about a person's appearance, or gratuitous descriptions or requests for descriptions of personal sexual experiences or desires;

      4. The repeated and unwelcome use of belittling, demeaning, or abusive language with reference to the sex of a person or group, or the unwelcome, unreasonable, and offensive display of sexually suggestive or abusive objects, pictures, or illustrations, to the extent that such language or displays are prohibited by equal opportunity law and are not protected by academic freedom;

      5. Hazing, pranks, or other intimidating, harmful, or offensive sexual or nonsexual behaviors directed toward a person or group because of the sex of the person or group;

      6. Sexual assault and other forms of nonconsensual sexual conduct.

   3. Unwelcome Conduct

      Whether conduct is unwelcome depends on the point of view of the person to whom the conduct is directed. It is generally better for the person harassed to make it clear that the conduct is unwelcome when the conduct occurs, because this may stop the harassment before it becomes more serious and will also serve as evidence that the conduct occurred and was unwelcome. Nevertheless, the conduct may be found to be unwelcome even if the person did not manifestly object to it.

   4. Hostile or Offensive Environment

      Conduct creates an intimidating, hostile, or offensive environment if objective, reasonable persons would find the environment offensive to them if they were of the same sex and in the same circumstances as the person to whom the conduct was directed. This means that conduct may be prohibited even if the person engaging in the conduct did not intend it to be sexually harassing.

   5. Sexual or Nonsexual Conduct

      Conduct need not be sexual in nature to be sexually harassing. The conduct may constitute sexual harassment if it is directed toward a person because of his or her sex. A typical example is where a female joins a traditionally male work crew or a male joins a traditionally female secretarial staff, and co-workers refuse to cooperate or even communicate with the non-traditional staff member because of the staff member's sex. Conversely, conduct is not sexually harassing if it is neither sexual in nature nor directed toward a person because of his or her sex.

   APPENDIX C

   Sexual Assault Response Procedures

   This Sexual Harassment Policy prohibits all forms of rape, sexual assault, and other forcible and nonforcible sexual offenses of a criminal nature. Following is an outline of the university's procedures for reporting and responding to a criminal sex offense:

   1. The crime should be reported immediately to Campus Security. The victim also has the option to notify the Tacoma Police Department, whether or not the offense is reported to Campus Security. If the victim so desires, the university will assist in notifying the police.

   2. The victim should be encouraged to seek immediate medical attention. A prompt medical examination is important to check for possible injuries or infection and to collect medical evidence needed in the event of a criminal prosecution.

   3. The victim should also be encouraged to seek personal counseling and support from Counseling, Health, and Wellness Services, the Pierce County Sexual Assault Crisis Center, or another counseling service of the victim's choice.

   4. The victim should be informed of the option to report the offense to a designated campus official in accordance with this Sexual Harassment Policy, if applicable.

   5. If the victim so desires, the university will make alternative campus housing and academic arrangements as may be appropriate and reasonably available in the circumstances.

   For additional information about these procedures, contact any of the designated officials as provided by the Campus Policy Prohibiting Harassment. The University of Puget Sound provides various educational programs to promote the awareness of rape, acquaintance rape, and other forcible and nonforcible sex offenses. Contact the Office of the Dean of Students for information about these programs.

   APPENDIX D

   Informal Resolution Alternatives

   Following are some of the possible ways in which a complainant might be assisted in resolving a harassment problem on his or her own.

   1. The complainant might be empowered to handle uncomfortable situations personally by using a variety of interpersonal techniques, such as the following:

      Deal with the situation immediately. Don't equivocate. Simply tell the person, "What you are doing makes me uncomfortable," or "I don't like to be touched, please don't do it." Describe what is happening while it is happening: "Two comments disparaging of Latinas were made in class today (specify) and you did not confront those comments in any way” or "This is the second time today you've brushed against my body when you walked by."

      Don't smile at the harasser. Don't look down or away. Stare right back. Don't let the harasser get too close or lean on you. Stand up or move away. Avoid gestures that might be perceived as defensive and appeasing. Don't ask the harasser for personal advice, and don't answer personal questions. Keep dealings with the person on a strictly professional level.

      Try asking how the harasser would feel if his or her own child or other family member were treated this way. Or ask how the harasser would feel about answering a question about his or her conduct from a professional colleague, a supervisor, or a news media reporter.

      Leave a copy of this Campus Anti-Harassment Policy on the harasser's desk and highlight the part that describes what he or she is doing to you.

   2. Alternatively, the complainant might be encouraged and supported to try resolving the problem by initiating a conversation about it directly with the person whose conduct is objectionable. The complainant may wish to do this on his or her own or in the company of another person.

   3. The complainant might also write a confidential letter to the person whose conduct is objectionable. The letter should contain an objective description of the offending conduct, a statement of how the writer feels about it, and a demand that it stop. The letter should be sent by certified mail, but copies should not be sent to anyone else since this may defeat the purpose in achieving an effective, confidential resolution of the problem. However, the writer should keep a copy of the letter and the return receipt as evidence in case the behavior recurs.

   APPENDIX E

   Officers Who Receive Harassment Complaints

   The university officials currently designated by the President to receive harassment complaints are the Academic Vice President, Associate Academic Dean, the Dean of Students, the Associate Dean for Student Services/Title IX Compliance Officer, the Associate Dean for Student Development/Judicial Officer, the Assistant Director for Student Development/Judicial Coordinator, and the Director of Human Resources/Affirmative Action Officer.

   Support Persons

   In addition to the usual sources of support (Dean of Students Office, Residential Life staff, Counseling Center, University Chaplain, faculty members, Academic Vice Presidents Office, Human Resources Department), Puget Sound has a Harassment Response Committee appointed by the President. Membership of the group includes the university's Title IX Compliance Officer and the Affirmative Action Officer, four students, two faculty members (one of whom may be the faculty ombudsperson), and two staff members who are not designated officials under this policy. Members of the group, all volunteers, are trained to assist complainants and respondents as support persons in responding to inquiries about harassment and/or in informal and formal resolution processes. The names and telephone numbers of the Harassment Response Committee and designated officials who receive harassment complaints are normally provided in The Logger (both web and print) and can be obtained from the Dean of Students Office, the Academic Vice Presidents Office, the Department of Human Resources, the President's Office, or the Security Services Department.

   APPENDIX F

   Legal Foundations for the Campus Policy Prohibiting Harassment

   City of Tacoma Code Chapter 1.29 prohibits discrimination based on race, color, religion, sex, gender identity, sexual orientation, age, national origin or ancestry, marital status, familial status, or the presence of any sensory, mental, or physical handicap.

   Washington State Law Against Discrimination (RCW Chapter 49.60; regulations in the Washington Administrative Code 162-04-10 et seq.) prohibits employment discrimination on the basis of age, race, sex, disability, marital status, national origin and creed.

   Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000(e) et seq.; regulations in 29 C.F. R. 1604 (sex), 1605 (religion) and 1606 (national origin) prohibits employment discrimination based on race, color, religion, sex or national origin, as amended by the Civil Rights Act of 1991.

   Civil Rights Acts of 1866 and 1871 (42 U.S.C. 1981 and 1986) provide a federal statutory remedy for certain kinds of discrimination independent of Title VII; Section 1981 applied to discrimination on the basis of race, color and probably national origin; Sections 1985 and 1986 prohibit conspiracies to deprive a person or class of persons of the equal protection of the laws or the right to vote or to support a candidate.

   Equal Pay Act of 1963 (29 U.S.C. 206(d)) makes it unlawful for an employer to pay different wages for equal work based on an employee's sex.

   Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) prohibits discrimination in employment against individuals over the age of 40.

   Americans With Disabilities Act (42 U.S.C. 1201 et seq.) extends broad federal civil rights protection to Americans with disabilities.

   Bankruptcy Act (11 U.S.C. 525) makes it unlawful for any employer to terminate an employee or to discriminate against an employee who has been a debtor or filed for bankruptcy or failed to pay a debt that was discharged in bankruptcy under the Bankruptcy Act.

   Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.) prohibits discrimination based on membership or service in the Armed Forces, the Army National Guard, the Air National Guard or the commissioned corps of the Public Health Service.

   Executive Order 11246, Amended by Executive Order 11375 prohibits discrimination by government contractors on the basis of race, color, religion, sex or national origin.

   Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring “unauthorized aliens” from engaging in “unfair immigration-related employment practices.” It prohibits discrimination against any individual (other than an “unauthorized alien”) because of national origin or citizenship status.

   Title IX of the Education Amendments of 1972 which provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefit of or be subjected to discrimination under any program or activity receiving federal financial assistance.

   Rehabilitation Act of 1973 (29 U.S.C. 793 et seq.) prohibits discrimination by government contractors on the basis of mental or physical disability.

   Executive Order 11141 prohibits discrimination by government contractors based on age.

   Age Discrimination in Federally Assisted Programs Act of 1975 (42 U.S.C. 6101 et seq.) provides that no person shall, on the basis of age, be excluded from participation in, be denied the benefit of or be subjected to discrimination under any program or activity receiving federal financial assistance.

   The Vocational Rehabilitation Act of 1973 (Vietnam Era Veterans) and Veterans Readjustment Act of 1974 (38 U.S.C. 2011 et seq.) which prohibits discrimination by government contractors on the basis of Vietnam era veteran status or disabled veteran status.

   The Civil Rights Restoration Act of 1988 provides that if any part of a covered institution receives federal funding, then all of the operations of the institution are subject to civil rights statutes. The statutes collectively provide that such institutions must not exclude, deny benefits to, or discrimination against any person because of race, color, national origin, sex, handicap, or age.

   The Office for Civil Right on July 29, 2003 clarified the standard for discriminatory harassment, noting that it must “include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive. Under OCR's standard, the conduct must also be considered sufficiently serious to deny or limit a student's ability to participate in or benefit from the educational program. Thus, OCR's standards require that the conduct be evaluated from the perspective of a reasonable person in the alleged victim's position, considering all the circumstances, including the alleged victim's age.”