V. Policies on Harassment and Other Aspects of Student Life

Graduate School Policy

Sexual and discriminatory harassment are prohibited by the University. Definitions and policies regarding sexual harassment, discriminatory harassment and other aspects of student life and behavior are described in du Lac, which is the University's description of student life policies and procedures. Students in the Graduate School must abide by those portions of du Lac which explicitly refer to graduate students or to the Graduate School. Copies of du Lac are mailed to all continuing students at the beginning of the fall semester, and may be obtained from the Office of Residence Life, 315 Main Building.

The Vice President for Graduate Studies and Research has appointed an academic counselor in the Graduate School to be available to graduate students who want to discuss confidentially problems they are having in their programs. The counselor can help a student decide how to resolve the problem. The Graduate School's academic counselor for 1994-95 is Dr. Barbara M. Turpin, associate dean for graduate admissions.

1994-95 du Lac policies, pp. 35-40:

Discriminatory Harassment
 

Approved at the April 16, 1991 meeting of the Academic Council.

I. Policy

The University of Notre Dame believes in the intrinsic value of all human beings. It is, moreover, committed to the full peaceable participation of all its members in the educational endeavor it fosters. This is the reason that the University prohibits discriminatory harassment as defined below. The University is also committed to the free expression and advocacy of ideas; it wishes to maintain the integrity of this commitment as well. For this reason, cases of verbal harassment are defined here with great caution. Harassment in general is prohibited elsewhere in the University's regulations.

II. Definition
For purposes of this policy:

        A:  Harassment

Harassment is any physical conduct intentionally inflicting injury on the person or property of another, or any intentional threat of such conduct, or any hostile intentional, and persistent badgering, addressed directly at another, or small group of others, that is intended to intimidate its victim(s) from any University activity, or any verbal attack, intended to provoke the victim to immediate physical retaliation.

        B:  Discriminatory Harassment

Conduct as described in A., above, constitutes discriminatory harassment, if, in addition, it is accompanied by intentionally demeaning expressions concerning the race, gender, religion, sexual orientation, or national origin of the victim(s).

III. Prohibition

All discriminatory harassment is prohibited.

IV. Administration of Policy

It is appropriate to report any allegation of discriminatory harassment to the authorities of the University. The ways available for doing this are as follows:

A. Students

An alleged incident of discriminatory harassment by a student toward another student that occurs outside a residence hall is to be reported to the Office of Residence Life and shall be handled in the same manner as other violations of University rules and regulations. (See section of du Lac entitled University Disciplinary Procedures)  Likewise, any alleged incident of discriminatory harassment by a student toward a faculty member or staff member is to be reported to the Office of Residence Life. Any alleged incident of discriminatory harassment by a student toward any other student that occurs in a residence hall is to be reported first to the Rector and in consultation with the Office of Residence Life, a determination shall be made as to whether the allegation should be handled at the hall level or whether the matter should be referred to the Office of Residence Life.

B. Faculty

An alleged incident of discriminatory harassment by a faculty member is to be reported to the chair of the academic department, or, in cases involving the chair, to the dean of the college. If the matter cannot be resolved at the department or college level, it is to be referred to the Provost's Office.

C. Staff

An alleged incident of discriminatory harassment by a staff member is to be reported to the director of Human Resources, and shall be handled by the Office of Human Resources in the same manner as any other violation of University rules and regulations as outlined in the University Human Resource Manual.

D. Administration

An alleged incident of discriminatory harassment by an administrator is to be reported to the appropriate superior officer of the person involved.

E. Ombudsperson

Notwithstanding the above, a person alleging discriminatory harassment may choose to report the incident to the University ombudsperson. This is to be a member of the University community selected by the President, in consultation with the other officers of the University, for that task. The ombudsperson, after taking information of the incident, is to help the complainant handle the matter, either by informal conciliation, or by helping the complainant proceed with the reporting procedure described above. [Note: Prof. John Borkowski is currently the University ombudsperson.]

V. Existing University Rules and Regulations

This policy is intended to be an addition to existing University rules and regulations and does not alter or modify any existing University rule or regulation.

Sexual Harassment

I. Policy

The University of Notre Dame prohibits sexual harassment by all faculty, staff and students. Sexual harassment by any faculty, staff or student is a barrier to the educational, scholarly and research purposes of the University of Notre Dame and is a violation of law and University policy. The University of Notre Dame affirms its commitment to maintaining a learning and working environment which is fair, respectful and free from sexual harassment. To these ends, the following sexual harassment policy has been adopted.

II. Definition

The determination of what constitutes sexual harassment will vary with the particular  circumstances, but may be described generally as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

 1) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other University activity;
2) submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual; or
3) such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive University environment.

III. Administration of Policy

A. Students

An alleged incident of sexual harassment by a student toward any other student or faculty or staff member, should be reported to the Vice President for Student Affairs and shall be handled by the Office of Residence Life in the same manner as any other violations of University rules and regulations.

B. Faculty

Any incident of sexual harassment by a faculty member toward any student, staff personnel or other faculty member shall be reported to the Provost's Office, and shall be handled by the Provost's Office. If a formal charge is to be filed, it shall be administered in the same manner as a charge for Serious Cause for Dismissal as outlined in the Academic Articles.

C. Staff

Any incident of sexual harassment by a staff member toward a student, faculty member or other staff member, shall be reported to the Director of Human Resources, and shall be handled by the Human Resources Office in the same manner as any other violation of University rules and regulations as outlined in the University Human Resources Manual.

D. Confidentiality

Sexual harassment is a particularly sensitive issue which may affect any member of the University community. The right to confidentiality of all parties involved in a sexual harassment charge shall be strictly adhered to insofar as it does not interfere with the University's legal obligation to investigate allegations of sexual harassment when brought to the University's attention, and to take corrective action.

E. Resolution

A sexual harassment charge may result in a finding that no action is warranted, or may be handled by: 1) informal resolution, 2) reprimand, 3) disciplinary sanction, or 4) termination or expulsion.

F. Non-Retaliation

Any attempt by a member of the student body, staff or faculty to penalize in any way, a person bringing a sexual harassment charge, or any other form of retaliation, is prohibited and will be treated as a separate incident to be reviewed in its own right.

G. Protection of the accused

(a) In cases under III(B.) or III(C.) during the investigation and before formal charges, the accused will be informed of the allegations, the identity of the complainant, the facts surrounding the allegations, and given the opportunity to respond.
(b) In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the accused if it was damaged by the proceeding.
(c) A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to the full range of the University's disciplinary procedures from official reprimand to dismissal.
IV. Consensual Relationships

Because of the unique relationships between student and faculty members, with the faculty member serving as educator, counselor and evaluator, and the possibility of abuse of this relationship or the appearance of abuse, the University views it as unacceptable if faculty members (including all those who teach at the University, graduate students with teaching responsibilities and other instructional personnel) engage in amorous relations with students enrolled in their classes or subject to their supervision, even when both parties appear to have consented to the relationship. In keeping with this philosophy of the University, if charges of sexual harassment are made, it shall not be a defense to allege that the relationship was consensual.

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