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Sexual Harassment Prevention Procedures

Consult the Sexual Harassment Prevention Policy on the Syracuse University Policies web site. This policy applies to all SU employees and students. However, complaint procedures for alleged violations of this policy may vary, depending on the status of the parties involved.

Any employee is free to consult the Sexual Harassment Officer in Human Resources for assistance in determining the appropriate course of action and which procedures apply.

Staff Procedures

The procedures described below are provided for the prompt and equitable resolution of complaints brought by faculty members, students, and non-faculty staff members against any non-faculty, non-bargaining unit staff member. As noted above, separate procedures apply where faculty members, students, or bargaining unit employees are the alleged harassers. Nothing in this procedure shall limit or prohibit the filing of a grievance under a collective bargaining agreement or a claim with an external agency responsible for addressing issues of discrimination or sexual harassment. All employees covered by this procedure, who believe they have been subjected to sexual harassment, have several ways to make their concerns known.

These procedures are the exclusive internal method for addressing sexual harassment claims brought against non-faculty, non-bargaining unit staff members. Neither the Staff Complaint Process, nor the Affirmative Action Grievance Procedure, is available to address such claims.

Every effort will be made to resolve the complaint at the lowest level possible and consistent with the desires of the person bringing forward the complaint. The University recognizes that, under certain circumstances, it has a legal obligation to ascertain where sexual harassment exists irrespective of whether a formal complaint is actually filed. Therefore, at any point during the informal process, the complainant, respondent, or the Sexual Harassment Officer may move a complaint from the informal to the formal process.

Informal Intervention (Optional)

This process is used when the complainant does not want an investigation into the alleged behavior, but wants the behaviors to stop through informal resolution without filing a formal complaint. Generally, this step is appropriate where the objectionable behaviors are at an early stage and the complainant has not previously addressed the behavior with the alleged harasser, but senses that once the harasser is notified, the behavior will cease.

  1. A complaining party may initiate an informal intervention by informing the person engaging in the offensive conduct, either verbally or in writing, that such conduct is offensive and must stop. If a meeting is arranged, a neutral witness should be present.

  2. If the person initiating the informal resolution attempt does not wish to communicate, or feels uncomfortable communicating, directly with the alleged harasser, or if direct communication with that individual has not resolved the problem, the person should contact one of the following for assistance or advice as soon as possible.

    • His or her immediate supervisor, the supervisor’s supervisor, or a dean
    • Assistant Director Employment Practices (Pat Tassini) non-bargaining unit
    • Sexual Harassment Officer (Curlene Autrey)

  3. Any University official approached with a complaint pursuant to this procedure, including the persons listed above, should immediately notify the Sexual Harassment Officer, Curlene Autrey, of the complaint and its substance.

  4. Every effort will be made to resolve the complaint at the lowest level possible and consistent with the desires of the person bringing forward the complaint. The University recognizes that, under certain circumstances, it has a legal obligation to ascertain where sexual harassment exists irrespective of whether a formal complaint is actually files. Therefore, at any point during the informal process, the complainant, respondent, or the Sexual Harassment Officer may move a complaint from the informal to the formal process.

Formal Resolution of Complaint

The employee’s initial attempt at resolving a complaint regarding sexual harassment may be conducted according to an informal process if the employee so chooses or through a more formal process. The Informal process is used when the complainant does not want an investigation into the alleged behavior, but wants the behaviors to stop through informal resolution without filing a formal complaint.

The formal process usually involves a written complaint, an investigation, and appropriate corrective action, if any. Complainant can choose to have the complaint investigated formally through the Office of Human Resources or by an investigative team appointed by the Sexual Harassment Officer, but not both. Either process must be completed within 30 working days of filing unless there are extenuating circumstances (such as vacation, leave, out of town travel). The procedures that follow apply when Human Resources investigates the complaint.

During this phase the employee filing the complaint may meet with the Sexual Harassment Officer or with any of the individuals designated below to complain verbally, complain in writing, or both:

The complainant will be told about the two formal processes available and asked to make a choice between using the Human Resources Investigator process or the Investigative Team process.

Human Resources Investigator Process

  1. If the complainant decides to have the investigation conducted by the Office of Human Resources, the Sexual Harassment Officer will designate a trained investigator to investigate the complaint. The investigation will usually be initiated within three working days after the complaint is made. The investigator will discuss the process of investigation and resolving the complaint and completion of this process with the complainant and the respondent separately. This investigation may include but is not limited to meetings with the complainant, the person accused of having committed the alleged act or acts (the respondent), and any other person who may have knowledge of the situation. There may be subsequent meetings with each party to clarify things.

  2. The following items will be discussed and/or provided to both the complainant and the respondent in the initial meeting or as soon as possible thereafter:

    • A copy of the University policy and procedures
    • Assurance that the matter will be pursued
    • Assurance that the Sexual Harassment Officer or another appropriate individual will be available throughout the process to answer questions or address concerns
    • Assurance that the matter will be kept confidential to the extent possible
    • A statement regarding non-retaliation

  3. The investigator will complete the investigation as soon as possible and ordinarily within 30 days after the investigation is commenced at the latest. The investigator will then issue a report detailing the results of the investigation and recommended corrective action, if any, for consideration by the Sexual Harassment Officer. The Sexual Harassment Officer may accept, reject, or modify the recommendation. While the investigation is pending, the Sexual Harassment Officer may take immediate and appropriate interim action to address harassment allegations before a final determination is made on the complaint. The Sexual Harassment Officer may also supplement the investigation with additional interviews and other investigation steps, if he or she deems appropriate. The Sexual Harassment Officer may also take any other action necessary to ensure compliance with applicable law and University policy.

  4. At the conclusion of the investigation, the Sexual Harassment Officer shall determine whether a policy violation has occurred and, if so, the appropriate disciplinary sanction to be imposed. The Sexual Harassment Officer’s role is to eradicate this form of harassment from the University environment, therefore possible sanctions include, but are not limited to, written warning, counseling, suspension, transfer, mandatory sensitivity training, or dismissal for the respondent. Action on behalf of complainants, such as employee assistance, paid professional counseling, voluntary transfer, etc., may also be offered. All recommendations for disciplinary action shall be in accord with applicable policies and procedures. At the conclusion of the investigation, the Sexual Harassment Officer will provide the complainant and respondent with a summary of the results of the investigation.

Investigation Team Process

  1. If the complainant decides to have the investigation conducted by an Investigation Team, the Sexual Harassment Officer will convene a team of three individuals who have received training in the law of sexual harassment and conducting investigations, who will investigate the complaint. The investigation will commence as soon as possible and ordinarily within three days after a formal complaint is received at the latest. The investigative team will complete its investigation as soon as possible and ordinarily within 30 days after the investigation is commenced at the latest.

  2. The following items will be discussed and/or provided to both the complainant and the respondent in the initial meeting or as soon as possible thereafter:

    • A copy of the University policy and procedures allegedly violated
    • Assurance that the matter will be pursued
    • Assurance that the Sexual Harassment Officer or another appropriate individual will be available throughout the process to answer questions or address concerns Assurance that the matter will be kept confidential to the extent possible
    • A statement regarding non-retaliation

  3. While the investigation is pending, the Sexual Harassment Officer may take immediate and appropriate interim action to address harassment allegations before a final determination is made on the complaint. The investigative team will issue a report detailing the results of the investigation and recommended corrective action, if any, for consideration by the Sexual Harassment Officer. The Sexual Harassment Officer may accept, reject, or modify the recommendation. The Sexual Harassment Officer may also supplement the investigation with additional interviews and other investigation steps, if he or she deems appropriate. The Sexual Harassment Officer may also take any other action necessary to ensure compliance with applicable law and University policy.

  4. The Sexual Harassment Officer will make the final determination regarding the appropriate disciplinary sanction to be imposed. The Sexual Harassment Officer’s role is to eradicate this form of harassment from the University environment, therefore possible sanctions include, but are not limited to, written warning, counseling, suspension, transfer, mandatory sensitivity training, or dismissal for the respondent. Action on behalf of complainants, such as employee assistance, paid professional counseling, voluntary transfer, etc., may also be offered. All recommendations for disciplinary action shall be in accord with applicable policies and procedures. At the conclusion of the investigation, the Sexual Harassment Officer will provide the complainant and respondent with a summary of the results of the investigation.

Appeals

Appeals from the decisions of the Sexual Harassment Officer by either party, complainant or respondent, must be received by the senior vice president for Human Services and Government Relations within 15 working days of receipt of the appealed action from the Sexual Harassment Officer. Grounds for appeal in such cases are procedural error, new evidence, unsuitability of the proposed sanction, and administrative failure to implement the decision of the Sexual Harassment Officer. The senior vice president for Human Services and Government Relations may accept or modify the original decision or she may reject the original decision and order a new hearing. The decision of the senior vice president for Human Services and government Relations is final.

Helpful Links

Questions? Contact Curlene Autrey, sexual harassment officer and director of diversity and resolution processes, at 443-1520 or e-mail cautrey@syr.edu.