FGCU Equal Opportunity & Diversity Affairs (text version)

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UNIVERSITY POLICY ON UNLAWFUL HARASSMENT

I. Sexual Harassment

1. GENERAL STATEMENT

Sexual harassment undermines the integrity of the academic and work environment, and prevents its victims and their peers from achieving their full potential. All members of the university community are entitled to work in an atmosphere free from sexual overtures or innuendoes that are unsolicited and unwelcome. It is the particular responsibility of those who hold positions of authority to avoid actions that are or can be construed as inappropriate, sexually abusive, or unprofessional.

2. Definition of Sexual Harassment

Sexual harassment is unwanted or gender-based behavior that occurs when one person has formal or informal power over the other. There are three elements to sexual harassment:

  1. The behavior is unwanted or unwelcome.
  2. The behavior is sexual or related to the gender of the person.
  3. The behavior occurs in the context of a relationship where one person has more formal power than the other (such as a supervisor over an employee or a faculty member over a student) or more informal power (such as one peer over another).

3. Types of Sexual Harassment (Conditions Creating Sexual Harassment)

Sexual harassment exists when any of the four conditions are met:

  1. Submission to the conduct is made a term or condition, either explicitly or implicitly, of obtaining education or employment;
                                                     or
  2. Submission to or rejection of the conduct is used as a factor in decisions affecting that person’s education or employment;
                                                     or
  3. The conduct has either the purpose or effect of “substantially interfering” with a person’s education or employment;
                                                     or
  4. The conduct creates an “intimidating, hostile or offensive” education or work environment.

It is expected that the Deans, Chairs, Department Heads, Directors and other supervisors will monitor and take corrective action whenever instances of sexual harassment are either observed or reported to them. While the decision regarding resolution normally remains within the unit, all allegations of sexual harassment are to be immediately reported to the Office of Equal Opportunity Programs.

It should be clearly understood that the University will take action to prevent sexual harassment, including, if necessary, disciplining those individuals whose behavior violates University policy. Discipline may include, but is not limited to, oral or written warning, transfer, suspension or dismissal.


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