DRAFT Proposed Sexual Harassment Policy

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DRAFTProposed Sexual Harassment Policy

• Office of General Counsel
• Southern Illinois University
• September 2008

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Agenda

• BackgroundWhy the Proposed Policy Procedural
  Changes
• Discussion of Current Policy Practices
• Proposed Draft Board Policy
• Proposed Draft Procedures
• Discussion of Recent Court Decisions and Changes
  in State and Federal Law
• Discussion of Next Steps

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Background

• OGC conducts BOT policy reviews annually
• Policy review determined by BOT Chair in
  consultation with President and General Counsel
  (OGC and Board Secretary make recommendations)
• Recent reviews have included Student Loan Code of
  Conduct, In-State Tuition for Student who Reside
  in Counties Bordering Illinois, Freedom of
  Information Act, Open Meetings Act updates, Audit
  Committee, etc.

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Background

• Current Board Policy most recently revised in
  March, 2003-Revision provided protections for
  Faculty 1st Amendment Rights
• Recent changes to U.S. Supreme Court Case law
• Other changes to Federal State law

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Current SIU BOT Sexual Harassment PolicyGeneral
Policy Statement

• Southern Illinois University is committed to
  creating and maintaining a community in which
  students, faculty, and staff can work together in
  an atmosphere free of all forms of harassment,
  exploitation or intimidation. Such actions
  violate the dignity of the individual and the
  integrity of the University as an institution of
  learning. The University will take whatever
  action is needed to prevent, stop, correct, or
  discipline behavior that violates this policy.
  Disciplinary action may include, but is not
  limited to, oral or written warnings, demotion,
  transfer, suspension, or dismissal for cause.

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Current SIU BOT Sexual Harassment Policycontinued

• It is the policy of this university that sexual
  harassment in any form will not be tolerated
  management and supervisory personnel, at all
  levels, are responsible for taking reasonable and
  necessary action to prevent sexual harassment.
  All members of the university community are
  encouraged to report promptly any conduct that
  could be in violation of this policy. Sexual
  harassment is a violation of Title VII of the
  Civil Rights Act of 1964 and Title IX of the
  Educational Amendments of 1972 and a violation of
  the Illinois Human Rights Act (IHRA). (Section
  2.G Revised March 13, 2003)

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The Proposed Board of Trustee Policy contains the
following additions

• A strong statement that all University employees,
  not just managers and supervisors, are
  responsible for providing a harassment free
  environment, for taking reasonable and
  necessary action to prevent harassment, and for
  reporting conduct in violation of the Policy
• The inclusion of a prohibition against
  retaliation
• A prohibition against consensual sexual
  relationships where there is a direct and
  inherent power disparity
• A statement that sexually explicit materials that
  are not related to the curriculum are prohibited
• A strong statement with standard for review that
  false reports of sexual harassment constitute a
  violation of the Policy and
• More specific definitions of Sexual Harassment
  and Retaliation.

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Proposed Policy

• Sexual Harassment Policy continues as Board of
  Trustee policy with delegation to the campuses
  for implementation.

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Proposed Procedures

• Proposed procedures related to notice of
  complaints (current SIUC requirement that
  complaints be in writing before an investigation
  can take place) put the University in compliance
  with current law and U.S. Supreme Court
  requirements.

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Proposed Procedures

• Proposed procedures grant authority of
  Chancellors to establish or expand existing
  office to administer, including exclusive
  investigatory responsibilities, the Sexual
  Harassment Policy.
• We refer to this office as Associate Vice
  Chancellor for Compliance borrowing from other
  institutions with similar responsibilities. The
  scope of such an office need not be limited to
  sexual harassment and retaliation investigations,
  but could include the administration of other
  harassment policies and anti-discrimination laws
  and policies.

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Proposed Procedures

• Proposed procedures specifically include
  prohibitions for retaliation.
• Proposed procedures provide for appeals process
  (Sexual Harassment Appeals Panel).
• Proposed procedures include specific time tables
  for complaint investigations, appeals and related
  matters.

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Proposed Procedures-Reporting Requirements

• Proposal mandates reporting requirement for both
  SIUC and SIUE to the Illinois Human Rights
  Department and IBHE of sexual harassment
  findings. This will bring the University into
  compliance with state law and eliminate a recent
  audit finding.

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Disclosure of Documents

• To the extent required in litigation, the
  University, subject to protecting the
  confidentiality of the alleged victim and
  witnesses, shall provide any and all documents
  regarding the investigation, policies and
  procedures, or other documents germane to the
  action.

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Disclosure of Documents

• The Associate Vice Chancellor may provide, prior
  to formal litigation, and subject to protecting
  the identity of the alleged victim or potential
  witnesses, redacted reports, documents and other
  materials germane to the investigation. The
  Associate Vice Chancellors decision regarding
  disclosure shall be final and non-appealable.

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Disclosure of Documents

• The Associate Vice Chancellor or designee shall
  take reasonable steps to inform the accused of
  the nature of the charges, the basis of the
  allegations, and provide the accused the
  opportunity to respond.

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Comparison of Proposed Policy and Procedures

• University of Illinois
• Princeton University
• New York University

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Review and Consultation Process

• The President has determined that the President,
  Chancellor, and General Counsels office will
  conduct a variety of briefings which will
  include
• a. September 17 briefing of constituent heads at
  Presidents Constituent luncheon (Carbondale)
• b. October briefing of constituent heads at
  Presidents Constituent luncheon (Edwardsville)
• c. Individual organizational briefings for
  Faculty Senate, Faculty Association, and Womens
  Group
• Collective Bargaining Agreement Requirements-need
  to bargain impact
• Media
• Other

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Proposed Next Steps

• Review Universitys Non-Discrimination and
  Anti-Harassment policies and procedures
• Develop and implement campus-wide training
  programs for current faculty and staff and new
  employees during orientation, including the
  Office of General Counsel

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Conclusion

• Revisions to the Sexual Harassment Policy and
  Procedures are necessary for the University to be
  in compliance with Federal and State statutes,
  regulations and current United States Supreme
  Court and lower court case law.