UW Colleges Human Resources
UW Colleges Policy on Sexual Harassment
Respect for human dignity is essential to an appropriate university environment. Thus, sexual harassment of students and employees is impermissible and unprofessional conduct and will not be tolerated. Conduct determined to fall within the definition of sexual harassment detailed below will be subject to disciplinary action in accordance with applicable due process requirements, including, but not limited to, reprimand, temporary suspension, expulsion, or discharge of the harassing individual.
Under federal law, the university is legally responsible to a victimized employee for sexual harassment by a supervisor with authority over that employee in two instances:
- When the harassment leads to a tangible employment action, such as demotion, decreased compensation, significantly different work assignments, or termination, the universitys liability is absolute.
- When there has been no tangible employment action, the university is liable unless it can prove that:
- it has taken reasonable care to prevent and correct promptly any sexually harassing behavior (such as widely disseminating an effective policy and complaint procedure); and
- the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.
Sexual Harassment: Definition
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other physical conduct or expressive behavior of a sexual nature where:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or
- submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual; or
- such conduct has the purpose or effect of substantially interfering with an individual's professional or academic performance or creating an intimidating, hostile, or demeaning employment or educational environment.
Complaint Procedures
Persons filing a complaint under this policy will not be subject to retaliation by any member of the campus community.
Persons against whom a complaint is filed will be guaranteed due process.
A member of the university community may bring a complaint that one or more provisions of the policy have been violated. The complaint may be brought to any appropriate member of the University of Wisconsin Colleges, including any academic or administrative officer such as the Dean of the campus, the Chancellor, the Provost, the Director of Human Resources and Affirmative Action, any faculty member, director, supervisor, or department head.
The person receiving the complaint may help the complainant understand his or her options and may:
- help resolve the complaint informally; or
- help draft a formal complaint if that is more acceptable.
Investigation Prior to Formal Action
If the complainant wishes to make and pursue a formal action, a written complaint must be filed with the Office of Human Resources and Affirmative Action. The complaint should explain the problem and include information about attempts that have been made to deal with it informally (if any). The Director of Human Resources and Affirmative Action will meet with the Provost to determine the most appropriate investigator and the method by which an investigation will be conducted.
The purpose of the investigation is to establish whether there is reasonable basis for believing that a violation of this policy has occurred. In conducting the investigation, the appropriate administrator may interview the complainant, the alleged harasser, and other persons believed to have pertinent factual knowledge. At all times, the investigator will attempt to ensure confidentiality and will afford the accused a full opportunity to respond to the allegations.
Possible outcomes of the investigation are:
- a judgment that the allegations are not warranted; or
- a negotiated settlement of the complaint; or
- a recommendation for formal action.
Process of Taking Formal Action
If, after reviewing the report of the investigator, the Chancellor (or appropriate administrator) concludes that there is a reasonable basis for believing that the alleged violation has occurred and a negotiated settlement cannot be reached, formal action will be recommended.
Formal procedures will be resolved according to established university rules and regulations. For the most part, the procedures which will be followed depend on the status of the person against whom the complaint is being filed, not the status of the person bringing the complaint.
- Complaint against a faculty member. Chapter 6 of the UW Colleges Constitution.
- Complaint against a member of the academic staff. Chapter 9 of the UW Colleges Constitution.
- Complaint against a member of the classified staff. Appropriate collective bargaining agreement or the Rules of the Administrator for non-represented classified employees.
Contact Information
UW Colleges Office of Human Resources(608) 890-1066