B. Informal Mechanisms for Mediation and
Resolution
The
Ombudsman, the Office of Affirmative Action, the Penn Women's
Center, all other offices named as resource offices in this
policy, the Office of Student Conduct, the Office of Residential
Living, department chairs, deans and administrative directors,
the provost, and the vice presidents are available to assist
in the informal resolution of complaints.
C. Formal Mechanisms for Resolution and
Adjudication
When
informal resolution is not chosen or is unsatisfactory, complainants
are urged to use appropriate formal mechanisms described
below:
1.Complaints
of sexual harassment against a faculty member, instructor,
or teaching assistant may be brought by a student, staff,
or faculty member to the department chair or dean of the
faculty member. The department chair or dean who receives
a complaint is then charged with pursuing the matter. While
the process depends on the particulars of the complaint,
normally the department chair or dean interviews the faculty
member. If the matter is not resolved informally, the department
chair or dean either conducts an investigation or requests
that the Ombudsman, the Office of Affirmative Action, the
Office of Staff Relations, or the Office of Labor Relations
do so. If the results of the investigation persuade the dean
or department chair that sanctions are warranted, he/she
consults with faculty members--without disclosing the identity
of the individuals involved--to aid in determining an appropriate
sanction, including whether there is substantial reason to
believe that just cause exists for suspension or termination.
If it is determined that action should be taken to suspend
or terminate, the dean should follow the procedures set out
in Section II. E.16 of the Handbook for Faculty and Academic
Administrators (see www.upenn.edu/assoc-provost/handbook/ii_e_16.html).
2.
Complaints of sexual harassment against a staff member may
be brought by a student, staff member or faculty member to
the supervisor of the person complained against. The supervisor
who receives the complaint is then charged with pursuing
the matter. While the process will depend on the particulars
of the complaint, normally the supervisor interviews the
staff member. If the matter is not resolved informally, the
supervisor either conducts an investigation or requests that
the Ombudsman, the Office of Affirmative Action, the Office
of Staff Relations, or the Office of Labor Relations do so.
If the result of the investigation persuades the supervisor
that sanctions are warranted, he or she consults with his
or her colleagues or supervisor--without disclosing the identity
of the individual(s) involved to aid in determining an appropriate
sanction. A staff member who believes that his or her rights
have been violated directly by another staff member or administrator
may file a grievance by contacting the Office of Staff Relations
within the Office of Human Resources under the University
of Pennsylvania Staff Grievance Procedure.
3.
Complaints by students of sexual harassment may be made to
the Office of the Vice Provost for University Life. Grievances
associated with sexual harassment in student employment may
also fall within the purview of the Vice Provost for University
Life.
4.
A complaint of sexual harassment may be brought against a
student by filing a complaint under the Charter of the University
Student Judicial System, or, if the respondent is a graduate
or professional student enrolled in a school which has established
a hearing board or other decision-making body, with that
body.
5.
A tenured or untenured faculty member, whether full or part
time, who believes she or he has been subjected to sexual
harassment by a faculty member or by an academic administrator
may file a grievance under the Faculty Grievance Procedure, Handbook
for Faculty and Academic Administrators, part II E. 12,
(see www.upenn.edu/assoc-provost/handbook/ii_e_12.html)
provided the complaint constitutes a grievance as defined
in Section I of the Procedure. This procedure is administered
by the Faculty Grievance Commission. The panel makes its
recommendations to the provost. In cases that involve reappointment,
promotion or tenure, and in which the provost has declined
or failed to implement the recommendations of the panel to
the satisfaction of the grievant, the grievant may obtain
a hearing before the Senate Committee on Academic Freedom
and Responsibility on the actions of the provost.
6.
If the matter has not previously been referred to a different
panel or committee, a student or staff member who believes
that she or he has been subjected to sexual harassment by
a faculty member, and whose complaint has not been resolved
through the mechanisms listed above, may bring the matter
to the Faculty Senate Committee on Conduct. This committee
is a standing committee of the Faculty Senate. At meetings
with the Committee, the student or staff member may be accompanied
by an advisor who is a member of the University community
(student, faculty or staff). The findings and recommendations
of the Committee shall be advisory and shall be submitted
to the provost for her or his decision and implementation.
D. Central Reporting of Sexual
Harassment
1.
The University's decentralized system of resources is designed
to encourage the reporting and resolution of complaints of
sexual harassment. However, in order to enable the
Administration to identify patterns of sexual harassment
in a particular location and the increased frequency of such
incidents in a given area of the University, the Executive
Director of the Office of Affirmative Action and Equal Opportunity
Programs shall, on a semiannual basis, convene a meeting
of representatives from the offices and centers listed in
paragraph (A) of this section to review and report on sexual
harassment across the University based upon the reports or
complaints of sexual harassment that they have handled formally
or informally within their area. Such information can then
be transmitted to the appropriate deans or administrative
supervisors as appropriate. Any reports will protect the
privacy of the complainants and responsible parties involved
in each reported case of sexual harassment.
2.
Based on the information shared at the semi-annual meetings
discussed above, and any reports to deans or other administrative
supervisors during the previous year, the Executive Director
shall annually submit to the President, by September 15 of
the academic year, a summary report describing the incidence
of sexual harassment. This report may include recommendations
based on the information as warranted. At the discretion
of the President, the report may be shared with the University
community early in the semester.
E. Education and Prevention
The
prevention of sexual harassment and the establishment of
effective procedures with due concern for all parties require
a thoughtful educational program.
1.
University resource offices will provide to the community
information on: (a) available mediation and resolution resources;
and (b) sources of support and information for victims and
respondents.
2.
Deans and heads of major administrative units are encouraged
to discuss this policy and issues of sexual harassment at
meetings of faculty and staff.
3.
Training programs for residential advisors, senior administrative
fellows, those who meet students in crisis situations and
others serving in an advisory capacity to students will include
training about referrals, resources, and methods for handling
instances of sexual harassment.
4.
An overall educational program for students that addresses
issues of peer sexual harassment and also provides information,
definition, support, and the identification of sexual harassment
resources has been developed by the Office of the Vice Provost
for University Life, the Office of Affirmative Action, and
the Penn Women's Center in conjunction with the Office of
Residential Living, the Council of College House Masters,
and the Council of Senior Faculty Residents involved with
the Freshman Year Program. Such an educational program is
directed toward new undergraduate and graduate and professional
students.
5.
The University will publish annually the operative portions
of this policy statement, including information about the
resources available to advise, counsel, and assist in the
mediation of sexual harassment allegations. Information will
explain how and where to contact University-wide and school-specific
resources and will be posted in conspicuous locations. All
members of the University should feel a responsibility to
try to prevent sexual harassment whenever they observe it.
Community members should report sexual harassment to appropriate
University resources promptly for appropriate action.
F. Exit Interviews
Deans
and administrative directors will periodically survey departing
students, faculty and staff to measure the existence and
frequency of reports of sexual harassment. Based on the data
yielded by these surveys and the annual reports of the Executive
Director of Affirmative Action and Equal Opportunity Programs,
the University administration will determine, in consultation
with the University Council, whether there is a need for
further efforts to be taken on the issue of sexual harassment.
G. Implementation
Deans
and administrative directors will be responsible for the
implementation of this policy. The Provost and President
will oversee the performance of deans and directors in the
implementation of this policy.