Human Resources

Sexual Harassment

It is the policy of Case Western Reserve University to provide a positive, discrimination-free educational and working environment. Sexual harassment is unacceptable conduct which will not be tolerated All members of the university community share responsibility for avoiding, discouraging, and reporting any form of sexual harassment.

Sexual Harassment is Against the Law

Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, Title IX of the 1972 Education Amendments and Section 4112.02 of the Ohio Revised Code.

Sexual harassment can be defined as any unwelcome sexual advance, requests for sexual favors, or 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 student status; or
• Submission to or rejection of such conduct is used as the basis for decisions affecting that individual with regard to employment (raises, job, work assignments, discipline, etc.) or to student status (grades, references, assignments, etc.); or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience, or creates an intimidating, hostile or offensive work and/or educational environment. The work or educational environment includes classroom and clinical settings, residence halls, activities programs, offices, and all Case sponsored events.

Sexual Harassment Takes Many Forms

Although sexual harassment often takes place when the alleged harasser is in a position of power or influence, other types of harassment are also possible. Sexual harassment may involve the behavior of a person of either gender against a person of the opposite or same gender. It is not necessarily limited to offensive physical contact or requests for sexual favors. Sexual or "off-color" remarks, name calling, lewd gestures, obscene materials (photographs, cartoons, etc.) and touching may also constitute sexual harassment. Here are some examples in a university setting:

1. An assistant professor is completing her sixth year of teaching at the university. Her department chair has been confiding details of his personal life to her and recently has begun pressuring her for sex. When she refuses, he threatens to see that she will not be recommended for promotion. Because of his position and stature in the university, she feels no one will believe her if she complains or that her career will be hurt.
2. A secretary is pressured by his supervisor to go for a drink to an off-campus club after work. He has said no, but she persists. His performance review is coming up and he thinks he will have to apply for a transfer or quit. Although he enjoys the work, he is having nightmares and health problems as a result of the stress.
3. A student depends on a work-study job to stay in school. One Saturday while she is working alone with her boss, he puts his arms around her and tries to kiss her. She runs away and does not go back to her workstudy job. Now she can't make her tuition payments.
4. A university freshman has felt uncomfortable about the way the female teaching assistant in his English composition course stares at him during class. Now he must make an appointment to discuss his work with her. She tells him she has stacks of papers to grade, vacation is coming up, and she can see him only in her apartment that evening.
5. Over the course of several weeks in a social work class on "Families," the instructor made numerous derogatory comments about women and childbearing that some students found offensive. While not all were offended, at least two female students, both of whom are pregnant, are considering withdrawing from the course.

Where to Go for Help

The following university officials in the offices of Equal Opportunity and Diversity, and Student Affairs have been designated to receive reports of sexual harassment.

• Kathryn Hall, Director Equal Opportunity and Diversity, 310 Adelbert Hall, 216-368-8877, kathryn.hall@case.edu
• Shanna Beth McGee, Faculty Diversity Officer, 310 Adelbert Hall, 216-368-4299, shanna.mcgee@case.edu
• Sue Nickel-Schindewolf, Associate Director of Residence Life, 4 Yost Hall, 216-368-3780, susan.nickel-schindewolf@case.edu

These officials can provide general advice about dealing with sexual harassment. They can also discuss options for pursuing both informal and formal resolution of a complaint. When given the name of an alleged harasser, these officials will investigate the complaint and attempt to informally resolve it. When necessary, they will refer complaints to the Sexual Harassment Panel for formal processing.

Members of the university community who believe they have been sexually harassed are entitled to an informal and/or formal complaint, investigation and resolution process.

Complaint Procedures

Informal Process

The university's informal process provides those who believe they are being sexually harassed with a range of options. Advice may be given about how to communicate the unwelcome nature of the behavior to the alleged harasser. Copies of the university's policy may be distributed as a reminder to those involved. If both parties agree, a meeting can be arranged to work out a mutual resolution. Please note: Once an accused harasser is identified, an investigation will be conducted.

Formal Process

If informal resolution is not agreed upon or fails to satisfactorily resolve a concern, the university offers a formal complaint and resolution process. A sexual harassment panel, consisting of trained representatives of the administration, faculty, staff and students will process all formal complaints of sexual harassment. Please see the complete policy and procedures as found in the Case Faculty Handbook >>, HR Policy Manual and the Student Services Guide for details. The university officials designated to receive reports of sexual harassment can also provide copies of the complete policy and procedures.

Prompt reporting of sexual harassment is in the best interest of the entire university community. While confidentiality cannot be guaranteed, the university will make all reasonable efforts to maintain the confidentiality of those involved in a sexual harassment complaint.

Members of the university community who violate Case's sexual harassment policy maybe disciplined, up to and including being discharged for cause or being expelled from the university. Retaliation against persons raising concerns about sexual harassment is prohibited and will constitute separate grounds for disciplinary action, up to and including discharge or expulsion from the university.

Sexual Assault

This describes university policy in case of sexual harassment. The university has a separate policy for sexual assault. Please see the Case Student Services Guide for details.