CASE Policy on Sexual Assault:
Case Western Reserve University is a community dependent upon trust and respect for its constituent members: students, faculty and staff.
Sexual assault is a violation of that trust and respect. It will not be tolerated. Sexual assault is a serious crime. Any non-consensual physical contact of a sexual nature is a sexual assault. Rape, statutory rape, incest, sodomy, sexual assault with an object, and fondling are examples of sexual assault.
Lack of consent is the crucial factor in any sexual assault. Persons forced to engage in sexual contact by force, threat of force, or coercion have not consented to contact. Persons acting under the influence of alcohol or other substances may be incapable of consent. Age or mental capacity may render consent impossible.
The University strongly encourages persons who have been sexually assaulted to report the assault, to seek assistance and to pursue judicial action or sanctions for their own protection and that of the entire campus community.
CASE Sexual Harassment Policy and Procedures:
I. Policy
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. Members of the University community
found in violation of this policy may be 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. This policy and the accompanying procedures
shall serve as the only internal University forum of resolution
and appeal of sexual harassment complaints.
A. Definitions
1. 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.
Although sexual
harassment often takes place when the alleged harasser is in a
position of power or influence (e.g., a faculty advisor to a student,
supervisor to supervisee), 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.
2. Members
of the University community include all CASE students, faculty,
administrators, and staff, whether full or Evening.
B. Responsibilities
of the University Community
University
officials in the Provost's Office (Vice Provost, at 216.368.4389),
Office of Affirmative Action and Equal Employment Opportunity
(Director, at 216.368.8877), and the Office of Student Affairs (Associate
Director of Residence Life, at 216.368.3780) are responsible for:
- Coordinating,
disseminating and implementing this policy;
- Serving
as a resource for all matters dealing with sexual harassment
complaints;
- Advising
about and investigating informal sexual harassment complaints;
- Referring
formal sexual harassment complaints to the Sexual Harassment
Panel;
Deans, Directors,
Department Chairs, Department Heads, and Administrative Offices
are responsible within their area for:
- Providing
a work and educational environment that is free from harassment
and intimidation;
- Informing
complainants about the University's policy and their right to
talk to an Equal Employment Opportunity, Student Affairs or
Provost's Office official;
- Participating
in investigations, resolutions of complaints and the implementation
of recommended sanctions, if any.
All members
of the University community are responsible for:
- Ensuring
adherence to this policy;
- Discouraging
sexual harassment;
- Cooperating
in any investigation which might result, including appearing
before a Hearing Committee.
Any member
of the University community who is consulted about potentially
sexually harassing behavior must advise the accuser of the University's
sexual harassment policy and encourage prompt reporting to any
one of the designated University officials charged with responsibility
for investigating sexual harassment complaints. When a first hand
allegation of sexual harassment is made, and the alleged harasser
is named, members of the University community must report the
allegation to any one of these designated University officials.
C. Confidentiality
The University
will make all reasonable efforts to maintain the confidentiality
of parties involved in a sexual harassment investigation. Confidentiality,
however, cannot be guaranteed. Furthermore, whether informal or
formal resolution is sought, anonymous complaints will not be
brought against any member of the University community.
D. False
Claims of Sexual Harassment
The University
reserves the right to discipline members of the University community
who bring false complaints of sexual harassment. No complaint
will be considered "false" solely because it cannot be corroborated.
E. Annual Report
An annual report of sexual harassment complaints
and their resolutions shall be produced by the Director of Affirmative
Action/Equal Employment Opportunity. The report shall identify
accusers and accused by constituency only, e.g., student, staff,
faculty.
II. Procedures
Members of the
University community who believe they have been sexually harassed
by others in the University community are entitled to an informal
and/or formal investigation and complaint process as detailed below.
Visitors, guest lecturers, program participants, etc., may use this
policy and the procedures below where applicable to bring complaints
against a member of the University community whose behavior in the
CASE educational or working environment is in question. Members
of the University community may use this policy and the procedures
below where applicable, to bring complaints against visitors, guest
lecturers, program participants, etc. whose behavior in the educational
or working environment is in question.
Prompt reporting
of sexual harassment is in the best interest of the entire University
community. Complaints must be brought within two years of the latest
alleged incident. It should be noted that the University's authority
to investigate, to compel cooperation or to impose sanctions against
those who are not members of the University community is limited.
The designated
University officials in the Provost's Office, the Office of Student
Affairs and/or the AA/EEO office will meet with any person(s) who
have raised concerns about sexual harassment at the University.
They will provide general advice about sexual harassment, and will
also discuss options for pursuing both informal and formal resolution
of a sexual harassment complaint.
Once an accused
person or group is identified, the designated University officials
will conduct an initial investigation of a sexual harassment complaint.
An initial investigation will include interviews with the person(s)
reporting harassment and that person(s) accused of harassment and
may include interviews of other potential witnesses.
While an initial
investigation will be pursued for every identified complaint, disciplinary
action will not be taken against any individual or group unless
the formal complaint process is used.
For further
information about these procedures please contact the Director of
Student Life and Multicultural Activities 216.368.6686.
