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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.

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.

  1. Policy Statement -- It is the policy of the University of Missouri, in accord with providing a positive discrimination-free environment, that sexual harassment 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.
  2. Definition -- Sexual harassment is defined for this policy as either:
    1. Unwelcome sexual advances or requests for sexual activity by a University employee in a position of power or authority to a University employee or a member of the student body, or
    2. Other unwelcome verbal or physical conduct of a sexual nature by a University employee or a member of the student body to a University employee or a member of the student body, when:
      1. Submission to or rejection of such conduct is used explicitly or implicitly as a condition for academic or employment decisions; or
      2. The purpose or effect of such conduct is to interfere unreasonably with the work or academic performance of the person being harassed; or
      3. The purpose or effect of such conduct to a reasonable person is, to create an intimidating, hostile, or offensive environment.
       
  3. Non-Retaliation -- This policy also prohibits retaliation against any person who brings an accusation of discrimination or sexual harassment or who assists with the investigation or resolution of 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.
  4. Redress Procedures -- Members of the University community who believe they have been sexually harassed may seek redress, using the following options:
    1. Pursue appropriate informal resolution procedures as defined by the individual campuses. These procedures are available from the campus Affirmative Action/Equal Opportunity Officer.
    2. 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".
          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.
  5. Discipline -- Upon receiving an accusation of sexual harassment against a member of the faculty, staff, or student body, the University will investigate and, if substantiated, will initiate the appropriate disciplinary procedures. There is a five year limitation period from the date of occurrence for filing a charge that may lead to discipline.
        An individual who makes an accusation of sexual harassment will be informed:
    1. at the close of the investigation, whether or not disciplinary procedures will be initiated; and
    2. at the end of any disciplinary procedures, of the discipline imposed, if any.

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