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Policy

Sexual harassment is prohibited by University policy, Oregon State System of Higher Education Administrative Rules (OAR) and by State of Oregon and Federal law. Portland State University will not tolerate this prohibited behavior.

Retaliation of any kind taken against any person as a result of that person seeking to have grievances or concerns addressed regarding sexual harassment is also prohibited. All complaints will be seriously considered and handled appropriately through a process which protects the rights of both the accuser and the accused.

Rationale

Sexual harassment violates the trust and respect essential to the University and preservation of the community. It is Portland State University's policy to maintain its community as a place of work and study that is free of all forms of sexual harassment for all faculty, staff, students and the general public.

Sexual Harassment Defined 29 CFR Sec. 1604.11 (a.)

Sexual harassment is defined as unwanted and unwelcome sexual advances or requests for sexual favors and other verbal or physical conduct of a sexual nature where:

1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or participation in a University-sponsored educational program or activity; or

2) Submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting that individual; or

3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s academic or work performance, or of creating an intimidating, hostile or offensive educational or working environment.

See, Meritor Savings Bank v Vinson, 106 S. Ct. 2399, 40 EPD para. 36, 159 (1986).

Resolution of Complaints

It is the policy of the University to attempt when possible to resolve disputes between individuals on an informal basis. Understanding that this may not always be possible or appropriate, the University provides both informal and formal avenues for resolution of complaints.

Unit Administrators (supervisors, chairs, department heads, deans, and vice presidents) are deemed to be representatives of the institution for purposes of this policy, and are responsible for insuring that prompt and appropriate action is taken when instances of prohibited harassment are brought to their attention (OAR 839-07-555; 580-15-010; and 577-32-040).

Individuals may contact the following resources without fear of retaliation or harassment. Confidentiality will be maintained to the maximum extent possible. Individuals who are uncertain as to the appropriate resource to contact, should call the Office of Affirmative Action at 725-4417.

Informal Resolution

Informal resolution, advocacy, and referral may be sought from the following sources:

Formal Resolution

Formal resolution of complaints may be pursued through the following offices and may include the provision of sanctions as provided for in university policy and collective bargaining agreements: Office of Affirmative Action: (122 CH, 725-4417); The Office of Affirmative Action will investigate and recommend corrective action as described in OAR 577-32 for students and OAR 577-01-125 for employees. Office of Student Affairs: (433 SMC, 725-4422); The Office of Student Affairs will investigate and take corrective action as described in OAR 577-31 (the Student Conduct Code, available in the Office of Student Affairs, Rm. 433 SMC) for all complaints about students, including student employees.