6.3.2 Definitions and Examples - JSU Staff Handbook

A. To Whom This Policy Applies

This Policy applies to all members of the University Community. The actions proscribed by this Policy are also applicable to all individuals who are on University premises or on any other property where the University conducts its business. If such an individual commits an act in violation of this Policy, the University will take appropriate remedial measures under the circumstances to sanction the offender, to mitigate against the potential for recurrence, and to discipline any member of the University Community who may have participated in such conduct or may have failed to stop such conduct when he or she had the authority to do so.

B. Sexual Harassment

With respect to University employees as well as academic programs and activities, the term "sexual harassment" shall mean unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or educational standing;
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or as the basis for participation in a University program or activity, or status in an academic course; or
Such conduct is so pervasive or severe that it has the purpose or effect of unreasonably interfering with an individual’s work performance or educational opportunity so as to create an intimidating, hostile, or offensive environment.

In determining whether alleged conduct constitutes sexual harassment, the University will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. A determination of the appropriateness of a particular action will be made from the facts on a case-by-case basis.

C. Employment

For purposes of this Policy, “employment” shall mean hired for compensation. In that every University employee is specifically prohibited from engaging in acts which constitute sexual harassment or gender discrimination, any such misconduct is outside the scope of employment duties. This Policy extends beyond “employment” into educational programs and activities, as well as to independent contractors or vendors to the extent the University has any authority or influence over such non-University persons or entities.

D. Educational Programs and Activities

“Educational programs and activities” include all of the University’s programs and activities that relate directly to the process of education, teaching, mentoring, coaching, recruiting, or other programs and activities directly related to the education of students, development of athletes, performance of research, or extension of library resources.

E. Gender Discrimination

It is the policy of the University to prohibit discrimination based on gender. Except as permitted by law, no person shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by the University. Specifically, in providing any aid, benefit, or service to a student, the University shall not, on the basis of gender:

treat one person differently from another in determining the provision of such aid, benefit, or service;
deny any person any such aid, benefit, or service;
subject any person to separate or different rules of behavior, sanctions, or other treatment;
otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity provided by the University.

F. Consensual Relationships (In Specified Contexts)

Any romantic or sexual relationship between individuals where one party possesses direct academic, administrative, supervisory, evaluative, counseling, or extracurricular authority over the other party presents ethical and administrative problems. Inherent in these types of consensual relationships exist the potential for conflicts of interest, exploitation, favoritism, harassment, and bias. Furthermore, such relationships may undermine the real or perceived integrity and trust necessary for a beneficial academic or employment environment. Faculty or staff members shall not have romantic or sexual relationships with individuals who they currently have the responsibility for the evaluating, directly supervising, or teaching. The purpose of this policy is to protect students, employees, the University, and the integrity of the system.

Violations of this prohibition will lead to disciplinary action, up to and possibly including termination from the University.