POLICY REGARDING HARASSMENT
AND DISCRIMINATION OF STUDENTS
Introduction
Auburn University is committed to providing a working and academic environment free from discrimination and harassment and to fostering a nurturing and vibrant community founded upon the fundamental dignity and worth of all its members.
Policy
In accordance with applicable Federal law, Auburn University will not tolerate illegal discrimination against or harassment of its students. Any form of discrimination or harassment related to a student’s race, color, sex, religion, national origin, age or disability is a violation of this policy. This policy is intended to cover any harassment of or illegal discrimination against a student by other students, employees, or University agents. This policy also covers harassment of students by non-employees on University property or while engaged in University sponsored activities, as well as illegal discrimination against students by University contractors.
The term "harassment" includes but is not limited to: slurs, jokes, or other graphic or physical conduct relating to a student’s race, color, sex, religion, national origin, age, disability. Sexual harassment includes any coercive sexual behavior used to control or influence a student. It may be manifested by verbal and/or physical actions, gestures, unnecessary touching, leering at a person’s body, attempts to embarrass, requests for sexual favors, and physical assault
Definition
Sexual harassment in academic settings and in the employment arena where students are involved is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, graphic, or physical conduct of a sexual nature when:
Prohibition Against Retaliation
It is a violation of this policy to take an adverse employment or academic action against any student, faculty or staff member because they have opposed any practice they reasonably believe to be discriminatory, or filed any complaints or charges with any state or federal agency or participated in an agency investigation or proceeding.
Reporting and Resolution Procedures
Students who believe they have been discriminated against on the basis of their race, color, sex, religion, national origin, age, or disability should report incidents to the office of Affirmative Action/Equal Employment Opportunity (AA/EEO). In addition to the Office of Vice President for Student Affairs, all faculty, staff, and administrators should assist students in directing their harassment/discrimination complaints to the AA/EEO office.
The AA/EEO office will investigate the incident, consult with witnesses and other appropriate University officials including Student Affairs, if necessary. Complaints will be handled on a "need to know" basis with a view toward protecting the complaining party from possible reprisal and protecting the accused from irresponsible or mistaken complaints.
The AA/EEO office will first attempt to see if the complaint can be resolved on a informal basis by agreement of the complaining party and the accused. Every effort will be made to resolve complaints within 90 days. The informal process involves gathering facts and circumstances surrounding the complaint. Along with guidance and direction for the AA/EEO staff, each party will be asked to provide proposed solutions to the complaint. If the complaint is not resolved on an informal basis, a student may file a formal complaint or grievance. Each individual has the right to proceed with or withdraw from the informal grievance procedure once it has been initiated. Issues should not be changed once the charge has been made. However, administrative procedures may be revised to accommodate issues arising during the investigation which were not known to the student when the initial complaint was filed.
The investigation record will consist of informal statements (not taken under oath) from the alleged victim, the allege offender and witnesses.
If the results of the preliminary University investigation are accepted by the alleged victim as conclusive and he/she desires no further university action against the alleged offender, he/she shall sign a statement requesting the University take no further action.
If the complaint is not resolved conclusively by the preliminary investigation, the Executive Director, Affirmative Action Equal Employment Opportunity, will refer the matter to the University Provost or the President’s appointed alternative. In all cases, the complete investigation record will be forwarded to this official with no copies being retained in the investigating office.
It is the intention of the University to resolve complaints as quickly as possible. Except in extraordinary cases, all formal complaints will be investigated and resolved by the University Provost or the President’s appointed alternative within 60 days of receipt.
If formal disciplinary action is warranted, a recommendation will be made to the appropriate University official for implementation of disciplinary action against any student, faculty member, or other University employee. Appropriate action will also be taken against non-university personnel who violate this policy, including formal complaints to their employer and/or restricting access to University property.
AUBURN UNIVERSITY IS AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER AND EQUAL OPPORTUNITY EDUCATIONAL INSTITUTION