Policy on Sexual and Other Unlawful Harassment
The Paul M. Hebert Law Center reaffirms and emphasizes its commitment to provide an academic and work environment free from sexual and other unlawful harassment. The intent of this policy is to express the Law Center’s commitment to protect its employees and students from such harassment and from retaliation for participating in harassment complaints. It is not intended to infringe upon constitutionally guaranteed rights nor upon academic freedom. In considering allegations of harassment, the Law Center must be concerned with the rights of both the complainant and the accused.
The Law Center will take appropriate disciplinary or other corrective action in all substantiated cases of harassment. Under appropriate circumstances, the Law Center will also take reasonable steps to protect its employees and students from harassment by individuals who are not employees or students of the Law Center.
Sexual harassment is a form of unlawful sexual discrimination. It is defined as speech or conduct of a sexually discriminatory nature, which was neither welcomed nor encouraged, that would be so offensive to a reasonable person so as to create an abusive working or learning environment or impair his/her performance on the job or in the classroom.
Sexual harassment may involve unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual or gender based nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic progress or status;
- Submission to or rejection of such conduct is used as a basis for employment or academic decisions;
- Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating a hostile or offensive work or academic environment.
Other harassment is defined by analogy to sexual harassment, and means speech or conduct of an unlawfully discriminatory nature, which was neither welcomed nor encouraged, that would be so offensive to a reasonable person so as to create an abusive working or learning environment or impair his/her performance on the job or in the classroom.
Any member of the Law Center community who believes that he or she has been subjected to sexual or other unlawful harassment should report the conduct so that the Law Center may address the matter. Reports may be addressed to the Associate Dean for Academic Affairs, to the Registrar, or to the Director of Human Resources. No student or employee is required to report or make a complaint of harassment to the person who is engaging in the conduct that is the subject of the complaint.
The Law Center will address all complaints. If informal means of resolving the complaint seem appropriate, and the person making the complaint agrees, informal means will be tried first.
However, if informal procedures are insufficient to resolve the complaint, the Law Center will proceed to an investigation of the complaint in accordance with the procedures provided in the Law Center’s Equal Employment Opportunity Policy.
Every effort will be made to keep all complaints confidential. Only those with a need to know will be informed about the complaint. If an investigation is conducted, the complainant and the subject of the complaint will be notified of the final decision.
No employee or student will be subjected to discrimination or retaliation for making a complaint or otherwise requesting relief under this policy, or for participating in the investigation of any such complaint or request for relief.