Sexual Harassment Reporting Procedures
General Information
In conjunction with training and other preventive means, the prompt reporting of sexual harassment is key to the University's ability to eliminate sexual harassment on campus. Under the terms of this policy, persons who believe they are victims of sexual harassment may proceed informally or formally. These options are described below. Regardless of the status of the harasser or nature of the harassment, individuals who think they may be victims of sexual harassment should note the following:
- Report the harassment promptly - before the conduct becomes severe or pervasive. Current contact information for the University officials to whom you are encouraged to make reports of sexual harassment, is found on this website (Ombudspersons or Contact Persons) and in the Sexual Harassment brochure available throughout campus. Reports of sexual harassment may also be made to the Office of Institutional Equity (631-0444).
- In an emergency situation, such as after normal business hours or in the event that you are concerned for your safety, contact the Notre Dame Security/Police Department. As soon as possible thereafter, you should report any conduct that may be sexual harassment to one of the appropriate Contact Persons, to an Ombudsperson, or to the Office of Institutional Equity.
- You are encouraged to utilize the University Counseling Center (for students), Life Works Program (the Employee Assistance Program for employees and faculty), and members of the clergy at Notre Dame (for faculty, employees and students) as confidential resources to discuss sexual harassment and its effects. Because of the confidentiality afforded to these relationships, however, you should know that counselors at the UCC and Life Works Program and members of the clergy are not in a position to report the harassment to University officials or to end the sexual harassment. To ensure University involvement, you must report the harassment through either the informal or formal reporting process, as detailed in this policy. On the other hand, if you specifically ask a member of the clergy (such as a rector or administrator) to assist you in reaching an informal resolution or to take any other steps to end the harassment, and they agree to assist you in such a manner, you must recognize that they will not be able to keep the matter completely confidential and that they will consult with an Ombudsperson, a Contact Person, the Office of Institutional Equity, or other appropriate University official to informally or formally resolve the matter.
- To ensure accurate communication of the allegations, you are strongly encouraged to submit a written account when reporting harassment. In no case should this suggestion, however, stand in the way of making a report - the most important thing is that you report the harassment in some manner to an appropriate University official.
Informal Resolution
Selecting informal or formal resolution is initially the decision of the person who is being harassed. You may find informal resolution particularly appropriate if the conduct is isolated and of the following nature: sexual innuendo; display or distribution of drawings, pictures or other materials with a sexual content; sexual or "dirty" jokes; or comments with sexual content. On the other hand, you should submit a formal report if the harassment involves multiple instances of the conduct described above; sexual assault; sexual or inappropriate touching of any kind; or sexual advances or "come-ons." Please note that the formal report process is available for harassment of any nature, and that these examples are not intended to discourage use of the formal report process.
If you choose to proceed informally, you should report the harassment to any faculty member, administrator, supervisor, employee in the Office of Human Resources, or a Sexual Harassment Ombudsperson. You may also report the harassment to any of the Contact Persons designated to receive formal reports. If you do so, you should specify to the Contact Person that you initially wish to proceed informally. If the person who receives the report is a faculty member, they must consult with their Dean, Department Chair and/or an Ombudsperson throughout the attempt to resolve the matter informally. If the person who receives the report is an employee, they must consult with their Director or other Department Head and/or an Ombudsperson throughout the attempt to resolve the matter informally. At least one person working to resolve the matter informally must have the authority to promptly end the harassment.
If the matter is resolved informally to the satisfaction of the reporting party, the person to whom the report was initially made shall send a written summary of the matter to a Contact Person in the Office of Residence Life & Housing, the Office of the Provost, or the Office of Human Resources, depending on the status of the alleged harasser. The purpose of this summary is twofold: (1) to ensure that the University is aware of repeat incidents by the same harasser and (2) for record-keeping purposes so that the University can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate file and will be consulted for the two purposes set forth in this paragraph. However, discipline or other documentation issued to the harasser (if any) as part of the informal resolution may be kept in that person's appropriate University file (faculty or employee's personnel file or student's disciplinary file).
If the matter is not resolved informally to the satisfaction of the reporting party, the person to whom the report was originally made must immediately report the allegations to an appropriate Contact Person (in the Office of Residence Life & Housing, Office of the Provost or the Office of Human Resources), to a Sexual Harassment Ombudsperson, or to the Office of Institutional Equity, to begin the formal report process, regardless of whether the person reporting the harassment requests or desires this action.
Formal Report Process
If the reporting party initially chooses to proceed with a formal report, or if informal resolution is unsuccessful, the person to whom the harassment is reported and the nature of the resulting investigation and resolution process depends upon the status of the harasser, as described in this section.
Harassment by Students
Reporting - Any incident of sexual harassment by an undergraduate or graduate student (including a student with teaching or classroom responsibilities) toward any faculty member, employee or other student that the reporting party cannot or does not desire to resolve informally should be reported promptly to one of the Contact Persons in the Office of Residence Life & Housing. Once the Office of Residence Life and Housing is notified of an alleged incident of sexual harassment by a student that has not been resolved informally, the Office of Residence Life and Housing will review any written statements from the reporting party. The Office of Residence Life and Housing may also interview the reporting party, the alleged harasser and any witnesses who may be able to provide pertinent information about the incident, and may review any pertinent documents.
Resolution - If there is sufficient evidence to indicate that a violation of the policy may have occurred, the Office of Residence Life and Housing will proceed in accordance with the procedures outlined in the "University Disciplinary Procedures" section of du Lac. In response to most reports of sexual harassment, the University will complete the disciplinary procedure in 30 business days (Note: Business days do not include weekends or employee holidays as recognized by the University). There may be some reports for which the disciplinary procedure cannot be completed within 30 business days. In such cases, the University will communicate to the reporting party that the procedure is going to take longer than 30 business days and will also include a statement to the reporting party indicating when the University believes it will complete the procedure. A student found responsible for violating the sexual harassment policy will be sanctioned in accordance with the "University Disciplinary Procedures." These sanctions include, but are not limited to, a verbal or written warning, a psychological assessment, a ban from specific areas of campus, loss of specific student privileges, community service, transfer or loss of on-campus housing privileges, disciplinary probation, disciplinary suspension or permanent dismissal. If the student has teaching or classroom responsibilities, the Office of the Provost may also terminate such responsibilities as a sanction if appropriate. Students found responsible may ask for review of the matter according to the "Disciplinary Review Procedures" and "Case Review Routes" provisions of du Lac. The resolution of a sexual harassment allegation will be shared with the reporting party to the extent allowed by law.
Records - The individual who conducts the review and/or hearing for the Office of Residence Life & Housing shall prepare a written summary of the matter. The purpose of this summary is twofold: (1) to ensure that the University is aware of repeat incidents by the same harasser and (2) for record-keeping purposes so that the University can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate file and will be consulted for the two purposes set forth in this paragraph. However, discipline or other documentation issued to the harasser (if any) as part of the resolution may be kept in that person's student disciplinary file.
Harassment by Faculty
Reporting - Any incident of sexual harassment by a faculty member or postdoctoral research associate (or a student with teaching or classroom responsibilities if the allegations are related to such responsibilities) toward any student, employee, or other faculty member that the reporting party cannot or does not desire to resolve informally should be reported promptly to the Contact Person in the Office of the Provost.
Investigation - The Office of the Provost or its designee will promptly and thoroughly investigate any allegation that has not been resolved informally to determine whether there is sufficient evidence to conclude that a violation of the policy has occurred. The investigation may involve interviews and/or written statements from the reporting party, the alleged harasser and any witnesses who may be able to provide pertinent information about the facts, as well as a review of any pertinent documents. In the course of the investigation, the alleged harasser will be informed of the allegation and the facts surrounding the allegation. The alleged harasser will be afforded a full opportunity to respond to the allegation. In response to most reports of sexual harassment, the University will complete the investigation in 30 business days (Note: Business days do not include weekends or employee holidays as recognized by the University). There may be some reports that cannot be completed cannot be investigated within 30 business days. In such cases, the University will communicate to the reporting party that the investigation is going to take longer than 30 business days and will also include a statement to the reporting party indicating when the University believes it will complete the investigation. The conclusion of the investigator as to whether the Sexual Harassment Policy was violated will be communicated to both the reporting party and the alleged harasser.
Resolution - If there is sufficient evidence to conclude that the alleged harasser violated the Sexual Harassment Policy, the Office of the Provost will take appropriate action, including but not limited to counseling or educating the individual about sexual harassment, and/or disciplinary action, including but not limited to a verbal or written reprimand, or other disciplinary sanctions up to and including termination in accordance with Article III, Section 8 of the Academic Articles ("Severe Sanctions Including Dismissal for Serious Cause"). In the case of students with teaching or classroom responsibilities, this discipline may also include termination of such teaching and classroom responsibilities, as well as discipline from the Office of Residence Life and Housing if appropriate. Appeals by faculty and by students with teaching or classroom responsibilities from such disciplinary actions will be handled pursuant to the procedures for Faculty Grievances as outlined in Article III, Section 11 of the Academic Articles.
Records - The individual who conducts the investigation for the Office of the Provost shall prepare a written summary of the matter. The purpose of this summary is twofold: (1) to ensure that the University is aware of repeat incidents by the same harasser and (2) for record-keeping purposes so that the University can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate file and will be consulted for the two purposes set forth in this paragraph. However, discipline or other documentation issued to the harasser (if any) as part of the resolution may be kept in that person's personnel file.
Harassment by Employees
Reporting - Any incident of sexual harassment by an employee toward any student, faculty member, or other employee that the reporting party cannot or does not desire to resolve informally should be promptly reported to one of the Contact Persons in the Office of Human Resources. In the alternative, the report can be made to any supervisor in the reporting party's department, who in turn must report the allegation to a Contact Person in the Office of Human Resources.
Investigation - The Office of Institutional Equity or its designee will promptly and thoroughly investigate any allegation that has not been resolved informally to determine whether there is sufficient evidence to conclude that a violation of the policy has occurred. The investigation may include interviews and/or written statements from the reporting party, the alleged harasser and any witnesses who may be able to provide pertinent information about the facts, as well as a review of any pertinent documents. In the course of the investigation, the alleged harasser will be informed of the allegation and the facts surrounding the allegation. The alleged harasser will be afforded a full opportunity to respond to the allegation. In response to most reports of sexual harassment, the University will complete the investigation in 30 business days (Note: Business days do not include weekends or employee holidays as recognized by the University). There may be some reports that cannot be investigated within 30 business days. In such cases, the University will communicate to the reporting party that the investigation is going to take longer than 30 business days and will also include a statement to the reporting party indicating when the University believes it will complete the investigation. The conclusion of the investigator as to whether the Sexual Harassment Policy was violated will be communicated to both the reporting party and the alleged harasser.
Resolution - If there is sufficient evidence to conclude that the alleged harasser violated the Sexual Harassment Policy, the appropriate administrator, in conjunction with the Office of Human Resources, will take appropriate action, including but not limited to counseling or educating the individual about sexual harassment, and/or corrective action, including but not limited to mandatory referral to the Employee Assistance Program, verbal or written reprimands, suspension or termination. Employees may appeal such decisions using the Employee Grievance Procedure.
Records - The individual who conducts the investigation for the Office of Institutional Equity shall prepare a written summary of the matter. The purpose of this summary is twofold: (1) to ensure that the University is aware of repeat incidents by the same harasser and (2) for record-keeping purposes so that the University can gauge the effectiveness of its anti-harassment policy and programs. This summary will be kept in a separate file and will be consulted for the two purposes set forth in this paragraph. However, discipline or other documentation issued to the harasser (if any) as part of the resolution may be kept in that person's personnel file.
Confidentiality
Sexual harassment is a particularly sensitive issue that may affect any member of the University community. All persons involved in any aspect of a sexual harassment allegation shall treat the matter as strictly confidential. The University will disclose information regarding a sexual harassment report only as required by law and as necessary to meet its legal obligation to investigate allegations of sexual harassment and to take action to end the harassment.
Retaliation
Any attempt by a faculty member, employee, or a student to penalize, intimidate, or retaliate in any way against a person who makes a report of or who is otherwise involved in an informal or formal sexual harassment report is completely prohibited. The University will treat retaliation as a separate incident subject to appropriate discipline/corrective action, from warning to termination or dismissal (for faculty, dismissal is conducted in accordance with Article III, section 8 of the Academic Articles ("Severe Sanctions Including Dismissal for Serious Cause")).
False Reports
A reporting party who was intentionally dishonest in making the allegations or who acted maliciously is subject to appropriate discipline/corrective action, from warning to termination or dismissal.
Duty of Faculty and Employees to Report Harassment
To assist Notre Dame in preventing sexual harassment, all members of the University community are encouraged to report sexual harassment of others that they witness or otherwise know about. Certain Notre Dame faculty and employees have the following specific duties related to reporting the sexual harassment of others.
The duties in this section apply to all faculty and administrators at Notre Dame who have received reports of harassment or who have witnessed harassment, and to all faculty and administrators who supervise others who have received reports of harassment, witnessed harassment, or otherwise have any knowledge of conduct that could be in violation of this policy. If a faculty member or exempt employee learns of conduct other than through the person being harassed, they should inquire with the individual(s) involved to determine whether conduct has indeed occurred that could be a violation of this policy. If the parties are uncooperative, the faculty member or exempt employee should contact an Ombudsperson for advice on how to proceed.
If there is indeed conduct that could be a violation of this policy, the faculty or administrator must first consult their Dean, Department Chair, or a Sexual Harassment Ombudsperson (if faculty), or their Director, Department Head or a Sexual Harassment Ombudsperson (if employee). The situation may then be handled either informally or formally ( see the Reporting Harassment section of this policy), depending on the choice of the person being harassed. If the matter is not resolved informally to the satisfaction of the person being harassed, the faculty member or administrator to whom the report was originally made must ensure that the allegations are reported immediately to the appropriate Contact Person (within the Office of Residence Life & Housing, the Office of the Provost, or the Office of Human Resources) to begin the formal report process, regardless of whether the person reporting the harassment requests or desires this action.
Individuals who violate the reporting requirements in this provision will be subject to appropriate discipline/corrective action.
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.