POLICY 5.1
Volume 5: Employee Relations
Chapter 1: Sexual and Workplace Harassment
Responsible Executive: General Counsel
Responsible Office: Office of the General Counsel
Originally Issued: 10/26/2007
Revised:
Contents
Policy Statement
Reason for Policy
Entities Affected By This Policy
Who Should Read This Policy
Website Address for This Policy
Related Documents
Contacts
Definitions
Principles
Sexual Harassment
Workplace Harassment
Procedures
Filing a Complaint of Harassment
Confidentiality
Responsibilities
Policy Statement
The Arizona State University Foundation, (hereafter the “Foundation”) is firmly committed to maintaining a working environment that is free from all forms of sexual and other workplace harassment. The Foundation prohibits harassment and will not tolerate any form of harassment that interferes with an individual’s work or performance or creates an intimidating, hostile, or offensive working environment. It is the responsibility of all employees to assist the Foundation in providing a working environment that is free from harassment at all times by not engaging in harassing behavior and by promptly reporting incidents of such behavior.
Reason for Policy
The Policy sets forth the Foundation’s firm commitment to maintaining a workplace that is free from harassment of any kind.
Entities Affected By This Policy
All units of the Foundation and its subsidiaries.
Who Should Read This Policy
All employees of the Foundation and its subsidiaries
Website Address for This Policy
www.asufoundation.org/policies/harassment.asp
Related Documents
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Foundation Documents
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Other Documents
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Policy 1.2 Standards of Ethical Conduct
Policy 1.3 Reporting a Violation or Misconduct
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Arizona Revised Statutes 41-1461 et seq.
Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act
Americans with Disabilities Act
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Contacts
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Subject Matter
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Office Name
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Telephone Number
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Email/URL for more information
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Policy Clarification
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General Counsel
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480-727-7897
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Investigation procedure
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Employee Relations
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480-965-6371
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Legal questions
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General Counsel
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480-727-7897
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Making a complaint
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Employee Relations Foundation Hotline
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480-965-6371
877-217-4713
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Definitions
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Foundation Hotline
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A communication tool managed by a third party vendor for individuals who wish to call to report violations or suspected violations. All reports to the Hotline may be made anonymously and will be investigated promptly.
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Retaliation
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An adverse action or threat of an adverse action taken against an employee in response to a good faith complaint of a known or suspected violation of Foundation policy.
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Sexual Harassment
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Any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature when:
a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or
b) 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
c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.
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Workplace Harassment
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Unwelcome conduct that occurs because of a person’s protected class, in which an employee’s acceptance or rejection of the conduct affects their employment. Protected classes under Arizona and/or federal law include race, color, religion, sex, age, disability, national origin, veteran status and genetic test results. The Foundation also prohibits harassment based on sexual orientation and gender identity.
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Principles
Sexual Harassment
Sexual harassment by an employee may result in disciplinary action, up to and including termination of employment.
The following conduct will constitute a violation of this policy:
- making sexual advances or requesting sexual favors if submission to or rejection of such conduct is the implicit or explicit basis for imposing or granting terms and conditions of employment at the Foundation (sometimes referred to as “quid pro quo” harassment);
- making sexual advances, requesting sexual favors, or otherwise discriminating on the basis of gender in a manner that unlawfully creates an intimidating, hostile, or offensive working environment at the Foundation or that otherwise unlawfully interferes with an individual’s work performance;
- engaging in any sexual contact with a person who has not given consent or committing any act of sexual assault, public sexual indecency or sexual abuse against a person, if the act is committed on Foundation property, is employment-related, or is in connection with any Foundation-sponsored event or activity;
- in a supervisory role, acting, recommending action, or refusing to take action in return for sexual favors,
- as a reprisal against a person who has rejected, reported, filed a complaint regarding, or been the object of sexual harassment; or
- disregarding, failing to investigate, or delaying investigation of allegations of sexual harassment to the extent that action, reporting, or investigation is appropriate or required by one’s supervisory position.
Some specific examples of conduct that may constitute sexual harassment include lewd or sexually suggestive comments, unwelcome sexual advances, explicit sexual propositions, sexual innuendo, foul or obscene language or gestures, sexually oriented “kidding,” “teasing,” or “practical jokes,” or display of sexually explicit material.
Workplace Harassment
Workplace harassment that occurs because of a person’s protected status is unlawful. Employees that engage in unwelcome conduct that can reasonably be considered to adversely affect the work environment may be found to have engaged in workplace harassment if their actions are due to the protected class of another employee.
If an employment decision affecting an employee is based on the employee’s acceptance or rejection of unwelcome conduct based on one or more protected classes, the conduct would be considered workplace harassment.
Legal protected classes under Arizona and/or federal law include:
- genetic test results;
- race;
- color;
- religion;
- sex;
- age;
- disability;
- national origin; or
- veteran status.
The Foundation also prohibits harassment based on an individual’s sexual orientation and gender identity.
Incidents of sexual or workplace harassment against Foundation employees by external parties will be investigated and addressed in a manner appropriate to the situation.
Procedures
Filing a Complaint of Harassment
An employee may report sexual or workplace harassment to his or her manager, to another member of management the employee is comfortable approaching, or to the director of Employee Relations; or the employee may make a report through the Foundation Hotline. Reports to the Foundation Hotline may be made anonymously. Employees are encouraged to report any allegations of harassment promptly. Any employee who in good faith reports allegations of harassment will be protected from any form of retaliation. Deliberately reporting false allegations of sexual or workplace harassment may result in disciplinary action, up to and including termination of employment. For more information, please refer to Policy 1.3 Reporting a Violation or Misconduct
Confidentiality
The Foundation will endeavor to protect the confidentiality of parties and witnesses involved in a sexual or workplace harassment report when confidentiality is consistent with the need to investigate allegations of misconduct and take corrective action, and with applicable law.
Responsibilities
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Department/Unit Manager
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Inform employees of this policy.
Require training of all management staff on what is prohibited harassment, and how to respond to related complaints.
Promptly report suspected violations to appropriate Foundation personnel.
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General Counsel
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Provide counsel, as necessary, to the investigators and decision makers during the investigation or resolution process.
Serve as a resource for legal questions from employees regarding this policy.
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Director of Employee Relations
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Provide an avenue for employees to report harassment.
Ensure that both the complainant and the alleged violator are protected in the application of this policy
Investigate accusations; determine whether harassment has occurred and whether action is required
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Everyone
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Attend required sexual and workplace harassment training.
Report any activities that you believe may be sexual or workplace harassment.
Understand your rights and responsibilities under this policy.
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Disclaimers: The ASU Foundation reserves the right to amend or revoke its policies at any time. The policies found on this Web site are not conditions of employment and do not create a contract between the university and its employees.