Student Handbook
Sexual Harassment
Loyola University Chicago will not tolerate sexual harassment by or of its students, faculty and employees. To the extent practicable, the university will attempt to protect its community from sexual harassment by vendors, consultants and other third parties who interact with the university. Loyola University Chicago is promulgating this policy to reaffirm its opposition to sexual harassment and to emphasize that learning opportunities and employment opportunities must not be interfered with by sexual harassment. Loyola University Chicago will attempt to take prompt corrective action against any sexual harassment by or of its students, faculty and employees. This policy is designed to encourage persons who believe that they have been harmed by sexual harassment to bring the conduct to the attention of appropriate individuals within the university so that the university can take prompt corrective action.
All complaints are taken seriously and no one reporting sexual harassment, including third parties, will suffer retaliation or reprisal from the university. Complaints of sexual harassment will be treated in confidence to the extent feasible, given the need to conduct a thorough investigation and to take corrective action. If it is determined through an appropriate and prompt investigation that sexual harassment has occurred, effective corrective action will be taken to eliminate the sexual harassment and to attempt to ensure that it does not recur. Depending on circumstances and the severity of the conduct, corrective action could range from an oral/written warning to dismissal or expulsion.
Definitions
The Equal Employment Opportunity Commission, the federal agency responsible for enforcing certain federal laws prohibiting discrimination, has issued the following definition of sexual harassment in guidelines subsequently approved by the Supreme Court:
"Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual,
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. EEOC 1980 Guidelines on Sexual Harassment, 29 CFR 1604.11(emphasis supplied)."
This definition and subsequent case law make it clear that there are two kinds of sexual harassment:
Quid pro quo harassment
The harasser either provides or denies an employment or educational benefit in exchange for sexual favors or makes an adverse employment or educational decision on the basis of rejection of sexual advances.
Hostile environment harassment
The working (or learning) environment is made abusive. An abusive or hostile environment is one that is reasonably and actually perceived by the complaining party as abusive by making it more difficult to do one's job or pursue one's education. In order to meet the legal definition of hostile environment harassment, the harassment must be either severe or pervasive. Courts will look to the totality of the circumstances on a case-by-case basis to determine whether hostile environment harassment has occurred. There is no mathematical formula; the existence of unlawful sexual harassment depends on the facts and circumstances.
Examples of quid pro quo sexual harassment include, but are not limited to, the following: a supervisor granting a promotion to a subordinate because the subordinate unwillingly consents to have sexual relations with the supervisor; a supervisor firing a subordinate because the subordinate refuses to have sexual relations with the supervisor; a faculty member providing an undeserved grade to a student because he or she refuses to have sexual relations with the professor; a faculty member giving an undeserved grade to a student because the student consents to have unwanted sexual relations with the professor; a faculty member providing positive references or evaluations for another student in exchange for sexual favors; or a student providing positive references or evaluations for another student in exchange for sexual favors.
Examples of hostile environment harassment include, but are not limited to, the following: requiring that employees or students provide sexual favors, persistent sexual slurs, sexual stalking, repeated requests for an unwelcome sexual relationship, continual sexually suggestive jokes, gestures or sounds directed toward another, a pattern of widespread favoritism based on sexual relationships, the open display of pornography or suggestive materials offensive to others or unwelcome sexual touching, such as fondling or pinching of private body parts. A hostile environment can exist by virtue of a combination of individual incidents that would not individually constitute sexual harassment. In order for these examples or other behaviors to constitute hostile environment harassment, the effect of the harassment must be to create an abusive or hostile environment usually over a period of time.
Both men and women are protected from sexual harassment, whether a member of the same or opposite sex perpetrates that harassment. A male or female can commit sexual harassment toward a male or female. This policy applies to students, faculty and staff, up to and including Officers and Trustees of the university.
Adjudication of complaints depends upon the respondent's status at the university. The Dean of Students will assist students in initiating the appropriate process.
Standard sanctions may include suspension or expulsion from the university.
Responding to Sexual Harassment
If the decision is made to file a complaint, the following university officials receive the complaints:
When the complaint is against a faculty member, the individual must advise the academic Chairperson, Dean, or the Dean's designate where the faculty member's appointment resides or is teaching; when the complaint is against a faculty member holding an administrative appointment (e.g., Department Chair, Assistant Dean, Associate Dean), the individual must advise the academic Dean or the Dean's designate where the faculty member's appointment resides; when the complaint is against an Academic Dean, the individual must advise the appropriate senior academic officer or that officer's designate.
When the complaint is against a staff member, Human Resources should receive the complaint.
When the complaint is against a student, Dean of Students should receive the complaint.
When the respondent is a student the following remedies may be considered: Confidential Consultation There exist a number of university services that provide confidential counseling for personal concerns. They include the Dean of Students office and Student Life staff, members of the Residence Life staff, the Wellness Center and University Ministry. Any student may go to these offices to explore options in confidence.
Informal Remedies
A student may approach the Dean of Students staff or the Residence Life staff to lodge a complaint of alleged sexual harassment. The staff member will interview the student to get as complete a description of the alleged harassment as possible. If feasible, informal remedies will be first attempted to resolve the issue. These remedies may include, but are not necessarily limited to:
The alleged harasser being asked, either orally or in writing, to cease the behavior.
Third party assistance to the complainant and the alleged harasser to resolve past differences with complainant, and to establish guidelines for future interactions.
Change in academic, work, or living environment.
Formal Remedies
A student may wish to lodge a complaint when informal remedies may not be appropriate either because of the nature of the behavior or the lack of success of the informal route. In such a case, the process is handled through the university judicial system. The judicial process is confidential to the extent possible and applies to the accused harasser, the complainant, staff members, witnesses, and/or advisors. In the course of the investigation, however, absolute confidentiality cannot be guaranteed (see "Student Judicial Procedures").
Alternatively, complaints regarding faculty or staff will be transferred to the appropriate person in those lines of authority. The university reserves the right to continue investigation into the allegations with, or without, the complainant's cooperation.
