DRAFT Proposed Sexual Harassment Policy

1. DRAFTProposed Sexual Harassment Policy Office of General Counsel Southern Illinois University September 2008

2. Agenda • Background—Why the Proposed Policy & Procedural Changes • Discussion of Current Policy & Practices • Proposed Draft Board Policy • Proposed Draft Procedures • Discussion of Recent Court Decisions and Changes in State and Federal Law • Discussion of Next Steps

3. Background • OGC conducts BOT policy reviews annually • Policy review determined by BOT Chair in consultation with President and General Counsel (OGC and Board Secretary make recommendations) • Recent reviews have included Student Loan Code of Conduct, In-State Tuition for Student who Reside in Counties Bordering Illinois, Freedom of Information Act, Open Meetings Act updates, Audit Committee, etc.

4. Background • Current Board Policy most recently revised in March, 2003-Revision provided protections for Faculty 1st Amendment Rights • Recent changes to U.S. Supreme Court Case law • Other changes to Federal & State law

5. Current SIU BOT Sexual Harassment PolicyGeneral Policy Statement “Southern Illinois University is committed to creating and maintaining a community in which students, faculty, and staff can work together in an atmosphere free of all forms of harassment, exploitation or intimidation. Such actions violate the dignity of the individual and the integrity of the University as an institution of learning. The University will take whatever action is needed to prevent, stop, correct, or discipline behavior that violates this policy. Disciplinary action may include, but is not limited to, oral or written warnings, demotion, transfer, suspension, or dismissal for cause.”

6. Current SIU BOT Sexual Harassment Policycontinued “It is the policy of this university that sexual harassment in any form will not be tolerated; management and supervisory personnel, at all levels, are responsible for taking reasonable and necessary action to prevent sexual harassment. All members of the university community are encouraged to report promptly any conduct that could be in violation of this policy. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and a violation of the Illinois Human Rights Act (IHRA). (Section 2.G Revised March 13, 2003)”

7. The Proposed Board of Trustee Policy contains the following additions: • A strong statement that all University employees, not just managers and supervisors, are responsible for providing a harassment free environment, for taking reasonable and necessary action to prevent harassment, and for reporting conduct in violation of the Policy; • The inclusion of a prohibition against retaliation; • A prohibition against consensual sexual relationships where there is a direct and inherent power disparity; • A statement that sexually explicit materials that are not related to the curriculum are prohibited; • A strong statement with standard for review that false reports of sexual harassment constitute a violation of the Policy; and • More specific definitions of Sexual Harassment and Retaliation.

8. Proposed Policy • Sexual Harassment Policy continues as Board of Trustee policy with delegation to the campuses for implementation.

9. Proposed Procedures • Proposed procedures related to notice of complaints (current SIUC requirement that complaints be in writing before an investigation can take place) put the University in compliance with current law and U.S. Supreme Court requirements.

10. Proposed Procedures • Proposed procedures grant authority of Chancellors to establish or expand existing office to administer, including exclusive investigatory responsibilities, the Sexual Harassment Policy. • We refer to this office as “Associate Vice Chancellor for Compliance” borrowing from other institutions with similar responsibilities. The scope of such an office need not be limited to sexual harassment and retaliation investigations, but could include the administration of other harassment policies and anti-discrimination laws and policies.

11. Proposed Procedures • Proposed procedures specifically include prohibitions for retaliation. • Proposed procedures provide for appeals process (“Sexual Harassment Appeals Panel”). • Proposed procedures include specific time tables for complaint investigations, appeals and related matters.

12. Proposed Procedures-Reporting Requirements • Proposal mandates reporting requirement for both SIUC and SIUE to the Illinois Human Rights Department and IBHE of sexual harassment findings. This will bring the University into compliance with state law and eliminate a recent audit finding.

13. Disclosure of Documents • To the extent required in litigation, the University, subject to protecting the confidentiality of the alleged victim and witnesses, shall provide any and all documents regarding the investigation, policies and procedures, or other documents germane to the action.

14. Disclosure of Documents • The Associate Vice Chancellor may provide, prior to formal litigation, and subject to protecting the identity of the alleged victim or potential witnesses, redacted reports, documents and other materials germane to the investigation. The Associate Vice Chancellor’s decision regarding disclosure shall be final and non-appealable.

15. Disclosure of Documents • The Associate Vice Chancellor or designee shall take reasonable steps to inform the accused of the nature of the charges, the basis of the allegations, and provide the accused the opportunity to respond.

16. Comparison of Proposed Policy and Procedures • University of Illinois • Princeton University • New York University

17. Review and Consultation Process • The President has determined that the President, Chancellor, and General Counsel’s office will conduct a variety of briefings which will include: a. September 17 briefing of constituent heads at President’s Constituent luncheon (Carbondale) b. October briefing of constituent heads at President’s Constituent luncheon (Edwardsville) c. Individual organizational briefings for Faculty Senate, Faculty Association, and Women’s Group • Collective Bargaining Agreement Requirements-need to bargain impact • Media • Other

18. Proposed Next Steps • Review University’s Non-Discrimination and Anti-Harassment policies and procedures; • Develop and implement campus-wide training programs for current faculty and staff and new employees during orientation, including the Office of General Counsel

19. Conclusion • Revisions to the Sexual Harassment Policy and Procedures are necessary for the University to be in compliance with Federal and State statutes, regulations and current United States Supreme Court and lower court case law.