If you haven’t reviewed your harassment policy in the past few
years, it’s probably time for another look. The following is a suggested
structure with elements to include in your policy and tips on drafting the policy.
Introduction
- States that the institution does not tolerate harassment.
- Describes your institution’s commitment to establishing an
environment where people can work and learn without being harassed.
- If possible, connects your harassment policy to your institution’s
mission and ideals.
Prohibition of Harassment
- Gives a clear description
of the people to whom it applies (in addition to students, faculty, and staff,
this statement may need to include third parties such as visitors, patients,
and contractors).
- Defines key terms and
specifies prohibited behavior. Remember to check state and local laws, which often
go beyond federal laws in their harassment prohibitions.
- Prohibits all types of
unlawful harassment in your jurisdiction, not just sexual harassment.
- Prohibits harassment
against groups that are not protected by law but are protected by the
institution’s nondiscrimination statement. For example, an institution that prohibits
discrimination based on sexual orientation, even though it is not required to do
so by law, should include sexual orientation as a protected category in its
harassment policy.
- Provides examples of
improper behavior. Be sure to state that these are just examples and do not encompass
all types of improper behavior.
Reporting Procedures
- Contains information on how to report potential violations.
- Provides an alternate
reporting mechanism in case the accused harasser is the person who would normally
receive complaints.
- Describes the complaint
resolution process in language that is easy to understand.
- Discusses the level of
confidentiality that will be provided to complainants. For example, the
reporting procedures might state that the institution will keep the complaint
confidential to the extent practicable but cannot promise complete confidentiality.
Consequences
- Describes potential consequences
for violating the policy.
- Prohibits retaliation
against the complainant, witnesses, or participants in the investigation.
- Prohibits knowingly false
or malicious complaints.
Dissemination of the Policy
- UE recommends that
educational institutions distribute harassment policies to all students,
faculty, and staff at least once a year.
- An easy way to distribute
the policy is an email that contains a link to the policy on the institution’s
website. For those individuals without campus email, institutions should
provide paper copies of the policy at least annually.