The Red and Black

Issue date: 2/25/08 Section: News

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Though the University is similar to other schools in how it handles violations of harassment policies, it differs from its aspirational institutions by lacking an independent office to handle concerns.

Sexual harassment is a familiar theme at many schools. In a national survey of more than 2,000 college students conducted by the American Association of University Women, 62 percent of female students and 61 percent of male students reported having been sexually harassed at their universities. Only 10 percent of student sexual harassment victims reported their experiences to a university employee.

The reporting process at many of the University's aspirational schools begins with a complaint.

Complainants are told to speak with an academic adviser, supervisor or a legal office at the University, as well as at seven other schools, including the University of Virginia, Duke University and University of California-Berkeley, according to the schools' Web sites.

"Our policy attempts to ensure individuals who have harassment complaints are able to discuss them where they feel most comfortable," Cynthia Clinton, Duke's harassment prevention director, wrote in an e-mail to The Red & Black.

For some universities, a time limit is involved when submitting a complaint.

"To be timely, a complainant must submit a complaint to the (Equal Opportunity and Affirmative Action Office) within 180 days of the most recent allegedly discriminatory (harassing) act," Mary Beth Tucker, associate director of the Equal Opportunity and Affirmative Action Office at the University of Arizona, wrote in an e-mail. She added the deadline could be extended to investigate a pattern of behavior.

Students and employees have a 300-day window to report a complaint to Wisconsin universities, Luis Pinero, the assistant vice provost for Workforce Equity and Diversity at the University of Wisconsin-Madison, said.

The deadline encourages students, faculty and staff to come forward earlier. Too much elapsed time between the event and the complaint can make the investigation process difficult, Pinero said.

If the alleged behavior cannot be stopped by an informal process, the next step typically is a formal investigation with interviews with the complainant, respondent and witnesses.

The University, as well as seven other schools, follow this procedure, according to their Web sites.

Many universities take reputation and safety into consideration and have adopted confidentiality and retaliation policies.

"[At UVA], they try to make sure action is taken to minimize any retaliation, and to make sure nothing else happens to the person making complaints," Brad Holland, ombudsman at UVA, said. "It's just one of those things you can't tolerate."

Investigators determine if the reported behavior is in violation of a school's sexual harassment policy. Recommendations for punishment for policy violators vary depending on the behavior but can range from training courses to student expulsion or employment termination.

"An investigation [at Duke] can result in several resolutions, including a determination that the policy has or has not been violated," Clinton said. "There may also be a determination that although the policy has not been violated, there was evidence of inappropriate, unprofessional or disrespectful behavior and recommend some intervention or resources that might assist in resolving the concerns."

At the University of Arizona, employees found in violation of the harassment policy can receive "counseling, education and/or adverse administrative action, up to and including termination of employment." Students found in violation may receive anything from counseling to dismissal, according to the school's Web site.

Some schools have recommendations for repeated harassing behavior.

"At Wisconsin, there is a progressive disciplinary approach," Pinero said. "Let's say that you have engaged in behavior that is inappropriate. You're not going to be terminated the first time for it, but if this is a repetitive type of offense, that certainly is something that could be considered."

The right to appeal the recommendation is offered at the University, as well as Northwestern, Duke, UNC-Chapel Hill and Michigan.


Adams addresses ombudsmen need

University President Michael Adams addressed at a Feb. 7 University Council meeting the possibility of an ombudsmen office to handle future complaints.

Adams participated in a faculty advisory meeting to discuss options and is expected to make a decision about an ombudsmen office in the coming week, Tom Jackson, vice president for Public Affairs, said in an interview Friday.

At UVA, an ombudsmen office is meant to provide information for students, faculty and staff during a legal process, Holland said.

"We let them know what their rights are," he said.

Wisconsin-Madison has two ombudsmen offices - a campus-wide office and one for the medical school, Pinero said. They are not a part of the investigative process.

"They're more involved in alternative dispute resolutions," Pinero said.

Although UVA's ombudsmen office has no formal role in the investigative process, it is "confidential, neutral and informal," Holland said.

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