UNIVERSITY OF PITTSBURGH POLICY 07-06-04

CATEGORY:              PERSONNEL
SECTION:                  Employee Support
SUBJECT:                 Sexual Harassment
EFFECTIVE DATE:   September 21, 2012 Revised
PAGE(S):                    5

I.    SCOPE

      This document establishes policy and procedures pertaining to the University's prohibition

      of sexual harassment.

II.   POLICY

      The University of Pittsburgh is committed to the maintenance of a community free from sexual

      harassment.  Sexual harassment violates University policy as well as federal, state and local

      laws.  It is neither permitted nor condoned.  The coverage of this policy extends to all faculty,

      researchers, staff, students, vendors, contractors and visitors to the University.

      It is also a violation of the University of Pittsburgh's policy against sexual harassment for any

      employee or student at the University of Pittsburgh to attempt in any way to retaliate against

      a person who makes a claim of sexual harassment or provides information in an investigation

      of sexual harassment.

      Any individual who after a thorough investigation is found to have violated the University's

      policy against sexual harassment will be subject to disciplinary action, including, but not limited

      to, reprimand, suspension (with or without pay), termination or expulsion.

III.  DEFINITION

      A.   SEXUAL HARASSMENT IN GENERAL

            Sexual harassment may include unwelcome sexual advances, requests for sexual favors or

            other verbal or physical conduct of a sexual nature when:

            1.   Submission to such conduct is an explicit or implicit condition of employment or of

                  participation in a University program or activity;

            2.   Submission to or rejection of such conduct is used as the basis for an employment or

                  academic decision;

            3.   Such conduct is severe or pervasive and objectively and subjectively has the effect of:

                  a.   Unreasonably interfering with an individual's work or equal access to education; or

                  b.   Creating an intimidating, hostile or offensive work or academic environment; or

            4.   Such conduct, if repeated, is reasonably likely to meet the standard set forth in number

                  3 immediately above.

            While sexual harassment most often takes place where there is a power differential between

            the persons involved, it also may occur between persons of the same status.  Sexual

            harassment can occur on University premises or, under limited circumstances, off campus. 

            It can occur between members of the same gender as well as between members of different

            genders.

      B.   SEXUAL HARASSMENT STANDARD WHEN CONSTITUTIONALLY PROTECTED SPEECH

            IS IMPLICATED

            When constitutionally protected speech is implicated, this policy will be applied only to the

            extent consistent with the First Amendment.

            In addition to meeting the standard set forth in III. A. above, to rise to the level of prohibited

            sexual harassment when constitutionally protected speech is implicated, the law requires a

            tenable threat of material and substantial disruption of University operations or interference

            with the rights of others.

            Section IX below provides guidance on application of this Policy in the academic setting,

            which is an area where constitutionally protected speech could be implicated.

IV.  CONSENSUAL RELATIONSHIPS

      Personal relationships must not be allowed to interfere with the academic or professional

      integrity of the teacher-student, staff-student, supervisor-employee or other professional

      relations within the University.  The University's policy on Faculty-Student Relationships

      (Policy 02-04-03) prohibits intimate relationships between a faculty member and a student

      whose academic work, teaching or research is being supervised or evaluated by the

      faculty member.  If an intimate relationship should exist or develop between a faculty

      member and a student, the University requires the faculty member to remove himself/

      herself from all supervisory, evaluative, and/or formal advisory roles with respect to the

      student.  Failure to do so may subject the faculty member to disciplinary action.

V.   COMPLAINT PROCEDURE

      Any faculty, staff or student who believes he or she has been sexually harassed or retaliated

      against for complaining of sexual harassment or for providing information in an investigation

      or sexual harassment  should contact a department chair, dean, director, supervisor, the Office

      of Affirmative Action, the Office of Human Resources, the Office of the Provost, the

      Coordinator of the University Student Judicial System, or the person(s) listed at the end of this

      document at one of the regional campuses.  The complaint will either be handled by the

      person/office receiving the complaint or referred to the Office of Affirmative Action.

      All complaints will be given serious, impartial and timely consideration.  When an

      administrator or supervisor receives a complaint, oral or written communication with the

      person whose action the complainant found offensive may resolve the problem.  If that

      does not resolve the matter, an investigation will be undertaken.  The complainant and the

      accused will be informed of the findings of the investigation.  While every effort will be

      made to protect the privacy rights of all parties, confidentiality cannot be guaranteed.

      If an individual is found to have violated the University's policy against sexual harassment,

      steps will be taken to stop the harassment and the violator will be subject to disciplinary

      sanctions, including, but not limited to, oral or written warning, required education program,

      mandatory counseling, reprimand, suspension, reassignment of responsibilities,

      termination of employment or expulsion from the University.  If it is found that the complaint

      is without reasonable foundation, the parties will be so informed and will also be informed

      that no further action is warranted.  A record of the findings and the action taken must be

      kept in the unit that handled the complaint.

      Any faculty, staff or student who believes that he or she has been sexually harassed

      should first seek a resolution of this problem as outlined above.  If that is not satisfactory,

      the complainant or accused can then appeal through one of the procedures indicated

      below.

VI.  APPEAL PROCEDURE

      Procedural Electives

      The complainant and the accused have the right to appeal.  To do so, he or she must file

      a formal written appeal either (1) to the University's Sexual Harassment Board or (2)

      according to existing grievance procedures for faculty, staff or students.  Existing

      grievance procedures are described in the Faculty Handbook, Staff Handbook, Guidelines

      on Academic Integrity and Student Code of Conduct and Judicial Procedures.

      Once a written appeal has been filed according to one of the procedures identified above,

      the same appeal may not be filed through an alternative procedure within the University.

      The University Sexual Harassment Board

      The Sexual Harassment Board is appointed by the Chancellor on advice of the Provost,

      the Senior Vice Chancellor for the Health Sciences and the Executive Vice Chancellor.

      The Board consists of three individuals, two of whom, one faculty member and one staff

      member, are appointed for three-year terms.  One member, representing the complainant's

      faculty, staff or student status, is appointed upon receipt of that individual's appeal.

      The Board has responsibility for investigating appeals filed with it and conveying its findings

      and recommendations to the appropriate dean or director within ninety (90) days of receipt

      of an appeal.  Copies of Board findings are provided to the complainant, the accused and

      the Office of Affirmative Action.

      A dean or director must take action within thirty (30) days of receiving the recommendations

      of the Board.  The complainant, the accused, the administrator receiving the original

      complaint and the Office of Affirmative Action must be informed of the specific action taken.

      Appeals of Board Findings and/or Sanctions

      Findings of the Board and sanctions imposed by a dean or director may be appealed by

      any party to the complaint.  Within thirty (30) days of the presentation of finding and/or

      imposition of a sanction, appeals must be submitted in writing to the appropriate senior

      officer of the University, i.e., the Provost or Senior Vice Chancellor for the Health Sciences

      in complaints where a faculty member is the accused, the Executive Vice Chancellor in

      complaints where a staff member is the accused, or the Vice Provost and Dean of Students

      in complaints where a student is the accused.  The senior officer then has thirty (30) days

      to respond to the appeal.  Decisions resulting from such appeals to a senior officer are final.

VII. FOR ADDITIONAL INFORMATION

      Pittsburgh Campus                                      Bradford Campus

      Carol Mohamed                                              Liza Greville

      Director, Office of Affirmative Action               Hanley Library

        & Title IX Coordinator                                   (814) 362-5121

      412 Bellefield Hall

      (412) 648-7860                                              Greensburg Campus

      Kiley Clark                                                      Karen Antoniak

      Office of Human Resources                           108 Lynch Hall

      100 Craig Hall                                                 (724) 836-7116

      (412) 624-8138

                                                                             Johnstown Campus

      Alberta M. Sbragia

      Office of the Provost                                       Laura Perry-Thompson

      801 Cathedral of Learning                              248 Blackington Hall

      (412) 624-2137                                               (814) 269-7070

      Deborah L. Walker                                         Titusville Campus

      University Student Judicial System

      738 William Pitt Union                                    Deborah Smith

      (412) 648-7918                                               Biology Laboratory

                                                                              (814) 827-4400

VIII. FOR COUNSELING SERVICES

      University Counseling Center
      334 William Pitt Union
      (412) 648-7930

      Sexual Assault Services
      334 William Pitt Union
      (412) 648-7856

      Theresa Horner

      G-10 Student Union

      Johnstown Campus

      (814) 269-7119

      Faculty and Staff Assistance Program
      504 Medical Arts Building
      (412) 647-3327 or (866) 647-3327

IX.  APPLICATION OF POLICY IN THE ACADEMIC SETTING

      Consistent with section III. B. above, this Policy does not prohibit legitimate academic activities,

      such as lectures, classroom debates, reading assignments, presentations, coursework and

      publications, involving content of a sexual or gender-related nature that is reasonably related to

      the academic topic.  For example, a class on human sexuality will necessarily involve reasonably

      related content of a sexual or gender-related nature that does not violate this Policy.

      Of course, there are situations when sexual harassment may occur in an academic setting. 

      For example, failing a student for refusing to exchange sexual favors for a better grade would

      not be protected by the First Amendment and would violate this Policy.

      The Statement on Academic Freedom of the University’s Ad Hoc Committee on Academic

      Freedom may provide useful guidance in determining whether the conduct at issue is reasonably

      related to the academic subject matter.

X.   REFERENCES

      Policy 02-04-03, Faculty-Student Relationships

      Policy 07-01-03, Nondiscrimination, Equal Opportunity, and Affirmative Action

      The Statement on Academic Freedom of the Ad Hoc Committee on Academic Freedom at the

      University of Pittsburgh found at http://www.pitt.edu/~provost/afstatement.html