Fast Facts

• The victim as well as the harasser may be a woman or a man. The victim or the harasser does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, a faculty member, employee, a student, a supervisor in another area, a co-worker, or even a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.

Illinois State University Harassment Policy

Purpose

Illinois State University fosters a campus environment that recognizes individual and cultural differences and is strongly committed to the ethical and legal principle that each member of the University community enjoys academic freedom and all members of the University have a constitutional right to free speech. The right of free expression and the open exchange of ideas and views are essential, especially in a learning environment. Illinois State University vigorously upholds these freedoms. However, the value of free expression may be undermined by certain acts of harassment as defined below. Such harassment may result in the loss of self-esteem for the victim and the deterioration of a quality classroom, social, or work environment and therefore will not be tolerated.

This policy establishes uniform guidelines and procedures for addressing all forms of harassment applicable to all students, faculty, and staff.

Policy

As members of the university community, students, faculty, administrators and staff have the responsibility to respect and not violate the rights of others and to show tolerance for opinions that differ from their own. However, nothing in this policy prohibits appropriate admonition, argument and correction by a teacher in the conduct of his/her professional responsibility in the interest of maintaining order, upholding standards, stimulating thought or promoting competence. Such action is, by definition, not a violation of this policy. Likewise, nothing in this policy precludes management’s inherent authority to plan, direct and evaluate the activities of other organizational members in accordance with sound management principles and directives, including communicating, training and disciplining employees.

Harassment based upon race, color, religion, sex (including sexual harassment), national origin, age, disability, sexual orientation or veteran status is a form of discrimination in violation of the law and will not be tolerated. Retaliation against any person alleging harassment or exercising their legal right to have their allegation investigated (either internally or externally) is prohibited both by law and this policy and will not be tolerated.

All students, faculty and staff are expected to adhere to this university policy and will be held accountable for violating it. Illinois State University will respond promptly to all complaints of harassment and retaliation. Violation of this policy can result in serious disciplinary action up to and including expulsion for students or discharge for employees.

Disciplinary action for violations of this policy is the responsibility of the Illinois State University Office of Human Resources or other appropriate administrative body; for students, the responsibility lies with the Dean of Students.

Definitions

Harassment is uninvited and unwelcome verbal or physical conduct directed at a person because of his or her race, color, religion, sex, national origin, age, disability, sexual orientation or group affiliation that is either of the following:

Quid Pro Quo harassment

Consists of unwelcome conduct when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic advancement or receipt of a university service, and
• A tangible employment, academic or provision of services action results from the person’s failure or refusal to submit to such conduct.

Hostile Environment harassment

Consists of unwelcome conduct when:

• Such conduct has the effect of unreasonably interfering with an individual’s work or academic performance, thereby creating an intimidating, hostile or offensive working or learning environment, and
• Such conduct is so objectively and subjectively offensive as to alter the conditions of the person’s employment or academic advancement [conduct that a reasonable person would find hostile or abusive and one that the Victim does in fact perceive to be so].
• Hostile environment harassment is usually repeated and unwanted behavior, although a sufficiently serious, isolated incident may constitute harassment.
• Retaliation is conduct intended as interference, coercion, restraint or reprisal upon or against a Complainant of prohibited harassment or one participating in the complaint resolution process.
• The “Complainant” is the party asserting an allegation of prohibited harassment against a specific person or persons.
• A “Respondent” is a party against whom an allegation of prohibited harassment is asserted.

Confidentiality

While confidentiality cannot be guaranteed, everyone involved in a harassment complaint is expected to treat all information given or received in connection with the filing, investigation and resolution of allegations as confidential except to the extent it is necessary to disclose particulars in the course of the investigation or when compelled to do so by law. All individuals involved in the process, including the Complainant and Respondent should observe a high level of discretion and respect for the reputation of everyone involved in the process.