POLICY

WOU endorses the policy framework adopted by the Oregon State Board of 
Higher Education on September 9, 2005. The university has established a 
Committee for the Prevention of Sexual Harassment and Improper Consensual 
Relationships (Committee) which is charged with the responsibility and 
authority to: 
 Evaluate and recommend training and communication programs 
 Evaluate and recommend policies and procedures 
 Build campus resources 
 Assess campus attitudes 
in support of a university culture that does not tolerate sexual harassment. 

It is the policy of Western Oregon University to provide a campus 
environment free from discrimination and harassment on the basis of race, 
color, religion, national origin, age, sex, gender, marital status, sexual 
orientation, veteran status or disability or any other status protected 
under law. 

Discrimination. Discrimination, for the purposes of this policy, is defined 
as any act or practice, in form or operation, whether intended or 
unintended, that unreasonably differentiates among persons on the basis of 
race, color, religion, national origin, age, sex, gender, marital status, 
sexual orientation, veteran status or disability or any other status 
protected under law. 

Harassment. Harassment, for the purposes of this policy, is defined as 
conduct that creates an intimidating, hostile, or degrading environment that 
would interfere with the work or academic performance of a reasonable person 
of the complainants protected status. 

Sexual Harassment. Sexual harassment is a form of discriminatory harassment. 
Sexual harassment is defined as unwelcome sexual advances, requests for 
sexual favors, and other verbal or physical behavior of a sexual nature when 
directed toward an individual because of that individual's sex when: 

a.	Submission to such conduct is made either explicitly or implicitly a 
term or condition of the individual's employment, grade, or used as the 
basis for any employment or academic decision; or 

b.	Such conduct is unwelcome and has the purpose or effect of 
unreasonably interfering with an individuals work or academic performance 
or creates an intimidating, hostile or offensive work or academic 
environment. 

Examples of Prohibited Conduct. The following are examples of conduct that 
may be prohibited under this policy. This list is representative and is not 
exhaustive: 

Unwelcome touching or physical closeness of a personal nature, which can 
include leaning over, cornering, or pinching. 

Sexual innuendos, teasing and other sexual talk such as jokes, intimate 
inquiries, persistent and unwanted courting, and sexist put-downs or 
insults. 

Derogatory remarks, slurs or jokes about an individuals race, color, 
religion, national origin, age, sex, gender, marital status, sexual 
orientation, veteran status, disability, or any other status protected by 
law. 

This policy shall be applied in a manner that protects academic freedom and 
freedom of expression within the university. Nothing in this policy shall be 
construed to limit the expression of ideas, however controversial, that can 
reasonably be demonstrated to service legitimate education purposes. 

Penalties. Conduct in violation of this policy will not be tolerated. For 
employees, prohibited conduct may result in disciplinary action, up to and 
including dismissal. For students, prohibited conduct may result in 
disciplinary action under Western Oregon University's Code of Student 
Responsibility (Oregon Administrative Rules Chapter 574, Division 31). 
Managers and supervisors who know or should know of conduct in violation of 
this policy, and who fail to report it, or fail to take prompt, appropriate 
corrective action, are subject to disciplinary action, up to and including 
dismissal. 

    PURPOSE

Western Oregon University is committed to cultivating an educational and 
work environment in which all individuals are treated with respect and 
dignity. Each individual has the right to learn and work in an atmosphere 
that promotes equal educational and employment opportunities and prohibits 
discriminatory practices, including harassment. Western Oregon University 
expects relationships across campus will be free from bias, prejudice and 
harassment. This policy statement is intended to: (a) reaffirm Western 
Oregon University's prohibition against discrimination and harassment, (b) 
clarify types of prohibited conduct, and (c) provide an effective complaint 
procedure to individuals who believe they have been subject to or have 
observed prohibited conduct. 

    PROCEDURES

NON-RETALIATION 

This policy prohibits retaliation against individuals who complain about 
prohibited conduct or otherwise participate in the process under this 
policy. Any student or employee found to have engaged in retaliatory action 
or conduct will be subject to discipline, up to and including dismissal. 
 
Complaints. An effective and clear complaint procedure is a critical element 
of Western Oregon University's policy against discrimination and harassment. 
The complaint procedure is open to all employees, applicants and students, 
except as collective bargaining agreements with the Service Employees 
International Union and the Federation of Teachers take precedence 
(reference Administrative Rules OAR 580-015-0090 et seq.) to address, 
investigate, and remedy allegations of discrimination or harassment. 

Use of an informal process is encouraged as the first step in resolving a 
discrimination or harassment complaint. The complainant should contact the 
respondent (who may be a person, office or organization) responsible for the 
policy, practice or act considered discriminatory or harassing within five 
days of the alleged act. The complainant may also seek guidance from an 
individual designated as a Resource Guide by the university for assistance. 
If a resolution is not reached, or the complainant chooses, a formal 
discrimination or harassment complaint can be filed. 

A formal complaint of discrimination or harassment must be filed orally or 
in writing within 12 months of the alleged discriminatory or harassing act. 
If the complaint is received orally, the Director of Human 
Resources/Affirmative Action Officer will convert it to written form. The 
written form will contain the following information:
 
1.	Complainant's name, address, status, and telephone number; 
2.	The date of the alleged act of discrimination or harassment and a 
detailed description; 
3.	An outline of the attempts to resolve the complaint, including the 
name of the person responsible for the alleged discriminatory or harassing 
act and the date(s) of the attempts, if any, at resolution; 
4.	All information pertinent to the complaint; 
5.	Resolution proposed by the complainant; 
6.	Complainant's signature. 

Copies of the written complaint will be given to the complainant, the 
respondent (the person responsible for the alleged discriminatory or 
harassing act), the appropriate dean or director, the appropriate vice 
president and the Chancellor's Office. The Director of Human 
Resources /Affirmative Action Officer will then investigate the complaint, 
and develop a recommended course of action. The recommendation will be 
forwarded to the appropriate dean or director and vice president for a final 
decision on the course of action to be taken. 

The complainant will receive a final written decision from the Director of 
Human Resources /Affirmative Action Officer within 30 days after the receipt 
of the complaint unless a 30-day extension is requested. The respondent, the 
appropriate vice president and the Director of Human Resources/Affirmative 
Action Officer shall also be noticed of the final decision. 

The decision can be appealed to the president of the university. 

Third parties. All contractors and contractors employees are required to 
adhere to Western Oregon Universitys policy prohibiting discrimination and 
sexual harassment in their interactions with members of the campus 
community. 

Training. Human Resources will offer ongoing training/awareness sessions. 

Records. The Affirmative Action Officer shall maintain records showing for 
each academic year: 

 The number of formal complaints of discrimination or sexual harassment; 
 The number or percentage of those complaints in which discrimination 
or      
  sexual harassment was found to have occurred;
 The sanction imposed (to the extent consistent with restrictions on 
disclosure  
  of records); and
 Training records and policies sign-off log. 

Assessment. Every four years, the Committee shall oversee a study designed 
to measure the effectiveness of the policy as perceived by students and 
employees and report those findings to the Board of Higher Education. 

    AUTHORITY

Oregon Revised Statute Chapter 351, Division 10; Oregon Administrative 
Rules, Chapter 580, Division 15 and 22; and relevant and applicable 
collective bargaining agreements. 

    APPROVAL

The Director of Human Resources/Affirmative Action Officer is responsible 
for the implementation and execution of this policy. 

ADDITIONAL RIGHTS 

Nothing in this policy precludes any person from filing a complaint with the 
Oregon Bureau of Labor and Industries, the Equal Employment Opportunity 
Commission, or a court of competent jurisdiction. 
HISTORY 

The Sexual Harassment policy was originally adopted as a separate policy on 
September 22, 1995. 

The Harassment-Free/Violence-Free Workplace policy was originally adopted as 
a separate policy on June 17, 1999.  Prior to 1995, the WOU Affirmative 
Action Plan included reference to discrimination, harassment and sexual 
harassment.

The Sexual Harassment policy was revised February 1, 1998. 

The revised Discrimination and Harassment policy was approved on January 4, 
2005. 

The current revision of the Discrimination and Harassment policy was 
reviewed, comments were submitted and a recommendation for approval was made 
by the: 
	Faculty Senate  April 11, 2006 
	Staff Senate  March 10, 2006 
	Student Senate  March 7, 2006 

(The WOU website, wou.edu/sexualharassment, addresses and disseminates the 
policy, and provides additional resources and guidance on this topic.) 

 
Date of next review:  April 2009	 

Alternate formats of this policy are available from the Office of Human 
Resources.