Chapter 330: Employee Conduct
330.060 Sexual Harassment
Executive Order No. 20, 3-17-81 (Rev. 7-1-81 and 9-20-83), Bd. Min. 3-18-93, Bd. Min. 6-19-14; Rescinded 9-22-14 by Executive Order 41.
This University of Missouri policy aims for an increased awareness regarding sexual harassment by making available information, education and guidance on the subject for the University community.
- Policy Statement -- It is the policy of the University of Missouri to prohibit all sex-based discrimination and harassment in all educational programs and activities. The University of Missouri strives to comply with applicable state and federal laws including, without limitation, Title IX of the Education Amendments of 1972 which states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discimination under any education program or activity receiving Federal financial assistance, except as permitted by Title IX of the Education Amendments of 1972, as amended" (hereafter "Title IX"). The University of Missouri is also committed to providing a positive discrimination-free environment and sexual harassment or sex discrimination in the work place or the educational environment is unacceptable conduct. Sexual harassment is subject to discipline, up to and including separation from the institution.
- Definition -- Sexual harassment is defined for this policy as either:
- Unwelcome sexual advances or requests for sexual activity by a person or persons in a position of power or authority to another person, or
- Other unwelcome verbal or physical conduct of a sexual nature by a person to another person, when:
- Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
- The purpose or effect of such conduct is to interfere unreasonably with the work or academic performance of the person being harassed; or
- The purpose or effect of such conduct to a reasonable person is, to create an intimidating, hostile, or offensive environment.
- Non-Retaliation -- This policy also prohibits retaliation or other discrimination because a person has made an accusation of sex discrimination or sexual harassment or because a person assists with the investigation or resolution of an accusation of sex discrimination or sexual harassment. Notwithstanding this provision, the University may discipline an employee or student who has been determined to have brought an accusation of sexual harassment in bad faith. Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student's academic work warrants because she filed a complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a complaint of sexual harassment.
- Redress Procedures -- Members of the University community who believe they have been sexually harassed may seek redress, using the following options:
- Pursue appropriate informal resolution procedures as defined by the individual campuses. These procedures are available from the campus Title IX Coordinator.
- Initiate a complaint or grievance within the period of time prescribed by the applicable grievance procedure. Faculty are referred to Section 370.010, "Academic Grievance Procedures"; staff to Section 380.010, "Grievance Procedure for Administrative, Service and Support Staff"; and students to Section 390.010, "Discrimination Grievance Procedure for Students".
- File a formal complaint with the campus Title IX Coordinator. Any allegation of sexual harassment will be investigated promptly and equitably in accordance with applicable procedures delineated in Section 330.062 of the Collected Rules and Regulations. Such investigation and response will be targeted to end substantiated harassment/discrimination, remedy its effects and prevent its recurrence. Pursuing a complaint or informal resolution procedure does not compromise one's rights to initiate a grievance or seek redress under state or federal laws.
- Discipline -- Upon receiving an accusation of sexual harassment, the University will investigate and, if substantiated, will initiate the appropriate disciplinary procedures if the accused is a member of the faculty, staff, student body or another person over whom the University has control (e.g.: agent of the University). There is a five year limitation period from the date of occurrence for filing a charge that may lead to discipline.
A complainant who makes an accusation of sexual harassment will be informed:
- at the close of the investigation, whether or not disciplinary procedures will be initiated; and
- at the end of any disciplinary procedures, of the discipline imposed, if any, that pertains to the individual's allegation.