VII. Appendices

​

APPENDIX A

FACULTY PERSONNEL FORMS

FACULTY PERSONNEL SELF REPORT

Maximum Self-Report Length: 4000 words

I. TEACHING AND RELATED ACTIVITIES AT OHIO WESLEYAN

State and describe those accomplishments and activities which you consider to have been contributions of your teaching to your students and to the academic programs of the institution. The committee will appraise responses under this category holistically, but for your consideration, we list items the committee views as important to our teaching work at the university. We ask that every faculty member discuss the following three items. 

• Structuring of courses

• Revisions and updates to course content and/or pedagogical approaches

• Advising and mentoring, both formal and informal

We also value faculty work in the following areas. You are not expected to respond to every item on the list of options below, nor are the items listed in any special order; rather, the list is meant to guide your response to the committee. You are also welcome to discuss aspects of your teaching work that are not included on the optional list, but please do explain how those activities contribute to your teaching. 

• Provision of assistance to students experiencing difficulties

• DEI work related to teaching and/or student support

• Stimulation of student interest and achievement

• Contributions to Ohio Wesleyan’s signature academic program(s)

• Contributions to OWU’s General Education Curriculum 

• Encouragement and direction of student honors work

Recommended length of the Teaching Section: 1500 to 2000 words. Note that the maximum length for the Self Report document is 4000 words (8 single-spaced pages).

Recommended structure of the Teaching Section: The Faculty Personnel Committee strongly recommends using one of the two organizational structures shown below.

1. Use the list of items above as subheadings for different sections of your report on teaching.

2. Discuss each of your courses as a separate subheading followed by a subheading (such as “Advising and Mentoring”) focused on teaching and student support outside of traditional coursework.  The course-based subsections can start with a brief description of the course and then detail how the elements above (such as DEI or OWU Connection activities, etc.) are incorporated into that course, or occur as part of mentoring and support activities.

II. SCHOLARLY PRODUCTIVITY AND PROFESSIONAL GROWTH

State and describe those accomplishments which have contributed to your growth as a scholar. The committee will appraise responses under this category holistically, but for your consideration, we list items the committee views as important. In this category, the committee does place higher importance on scholarly and creative works that are disseminated beyond the campus and undergo some manner of peer/expert review. The committee also distinguishes among works based on time investment: works that took a few days to complete are valued less than works that are the product of months or years of study and preparation. Note that the list below does not represent a ranking of the items in terms of importance. Faculty are encouraged to explain how particular scholarly activities are perceived within their disciplinary context and the Faculty Personnel Committee recognizes that different disciplines may prioritize activities differently. You are welcome to discuss aspects of your scholarly work that do not appear on this list, but please do explain how those activities contribute to your scholarly growth. 

• Completed publications and other scholarly or creative accomplishments: this can include scholarship aimed at improving pedagogy (scholarship of teaching and learning)

• Leadership in professional organizations and organization of conferences

•  Presentations at professional conferences

• Attendance at professional conferences

• Memberships in professional organizations

• Overall research and/or creative agenda and changes thereto.

• Works in progress that are expected to come to fruition

• Professional training that impacts scholarship

Recommended structure of the Scholarship Section: The Faculty Personnel Committee strongly recommends using the sample organizational structure provided here. 

1. Begin the section with an overview paragraph to provide context. Remember that FPC is composed of people who may not be familiar with your discipline, so providing context for your work may be helpful.

2. Use the list of items above as subheadings for different sections of your report on scholarly activity.

3. For each scholarly product, be sure to provide information about where/how it was disseminated (such as citation information or dates and places of display or performance), the nature of your contribution to the work, its scholarly importance to you and/or your discipline, and how it fits within your overall scholarly agenda and trajectory.

4. Note that faculty are not necessarily expected to address every element on the list above.

Recommended length of the Scholarship Section: 1000 to 1500 words. Note that the maximum length for the Self Report document is 4000 words (8 single-spaced pages). 

III. UNIVERSITY AND COMMUNITY SERVICE

State and describe service work that has contributed to the functioning of the institution and/or society on a broader scale. The committee will appraise responses under this category holistically, but for your consideration, we list items the committee views as important. You are welcome to discuss aspects of your service work that do not appear on this list, but please do explain how those activities contribute to the functioning of the institution or support the broader community. Please disclose if you are compensated for any work you perform in this category. 

• University service, including

  • Service to departments or programs

  • Service on committees

  • Compensated service activities

  • Other University service

• Service outside the university community

Recommended structure of the Service Section: The Faculty Personnel Committee strongly recommends using a list format to report on service activities, with the item listed first followed by a few sentences elaborating on the kind of work done and/or the context for the service work. 

Recommended length: 250 to 500 words. Note that the maximum length for the Self Report document is 4000 words (8 single-spaced pages).

ADDITIONAL COMMENTS

As a member of the faculty, you are welcome to provide additional information which might be of assistance in the evaluation of your effectiveness in your job.

If a faculty member finds the 4000 word limit insufficient for reporting on their activities, additional material may be added within the curriculum vitae or by uploading additional documents.

APPENDIX B
ACADEMIC FREEDOM AND TENURE¹

1940 Statement of Principles

In 1940, following a series of joint conferences begun in 1934, representatives of the American Association of University Professors and of the Association of American Colleges agreed upon a restatement of principles set forth in the 1925 Conference Statement on Academic Freedom and Tenure. This restatement, known to the profession as the 1940 Statement on Principles on Academic Freedom and Tenure, was officially endorsed by the following organizations in the years indicated:

The purpose of this statement is to promote public understanding and support of academic freedom and tenure and agreement upon procedures to assure them in colleges and universities. Institutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole. The common good depends upon the free search for truth and its free exposition.

Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights.

Tenure is a means to certain ends; specifically: (1) Freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence tenure, are indispensable to the success of an institution in fulfilling its obligations to its students and to society.

Academic Freedom

1. The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of his other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.

2. The teacher is entitled to freedom in the classroom in discussing his subject, but he should be careful not to introduce into his teaching controversial matter which has no relation to his subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.

3. The college or university teacher is a citizen, a member of a learned profession, and an officer of an educational institution. When he speaks or writes as a citizen, he should be free from institutional censorship or discipline, but his special position in the community imposes special obligations. As a man of learning and an educational officer, he should remember that the public may judge his profession and his institution by his utterances. Hence he should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that he is not an institutional spokesman.

Academic Tenure

1. After the expiration of a probationary period, teachers or investigators should have permanent or continuous tenure, and their service should be terminated only for adequate cause, except in the case of retirement for age, or under extraordinary circumstances because of financial exigencies.
   
   In the interpretation of this principle it is understood that the following represents acceptable academic practice:

   1. The precise terms and conditions of every appointment should be stated in writing and be in the possession of both institution and teacher before the appointment is consummated.

   2. Beginning with appointment to the rank of full-time instructor or a higher rank, the probationary period should not exceed seven years, including within this period full-time service in all institutions of higher education; but subject to the proviso that when, after a term of probationary service of more than three years in one or more institutions, a teacher is called to another institution, it may be agreed in writing that his new appointment is for a probationary period of not more than four years, even though thereby the person’s total probationary period in the academic profession is extended beyond the normal maximum of seven years. Notice should be given at least one year prior to the expiration of the probationary period if the teacher is not to be continued in service after the expiration of that period.

   3. During the probationary period a teacher should have the academic freedom that all other members of the faculty have.

   4. Termination for cause of a continuous appointment, or the dismissal for cause of a teacher previous to the expiration of a term appointment, should, if possible, be considered by both a faculty committee and the governing board of the institution. In all cases where the facts are in dispute, the accused teacher should be informed before the hearing in writing of the charges against him and should have the opportunity to be heard in his own defense by all bodies that pass judgment upon his case. He should be permitted to have with him an adviser of his own choosing who may act as counsel. There should be a full stenographic record of the hearing available for the parties concerned. In the hearing of charges of incompetence the testimony should include that of teachers and other scholars, either from his own or from other institutions. Teachers on continuous appointment who are dismissed for reasons not involving moral turpitude should receive their salaries for at least a year from the date of notification of dismissal whether or not they are continued in their duties at the institution.

   5. Termination of a continuous appointment because of financial exigency should be demonstrably bona fide.

Interpretations

At the conference of representatives of the American Association of University Professors and the Association of American Colleges on November 7-8, 1940, the following interpretations of the 1940 Statement of Principles on Academic Freedom and Tenure were agreed upon:

1. ​That its operation should not be retroactive.

2. That all tenure claims of teachers appointed prior to the endorsement should be determined in accordance with the principles set forth in the 1925 Conference Statement on Academic Freedom and Tenure.

3. If the administration of a college or university feels that a teacher has not observed the admonitions of Paragraph (c) of the section on Academic Freedom and believes that the extramural utterances of the teacher have been such as to raise grave doubts concerning his fitness for his position, it may proceed to file charges under Paragraph (a) (4) of the section on Academic Tenure. In pressing such charges the administration should remember that teachers are citizens and should be accorded the freedom of citizens. In such cases the administration must assume full responsibility and the American Association of University Professors and the Association of American Colleges are free to make an investigation.

APPENDIX C
GUIDELINES FOR ALLOCATION AND REVIEW OF FACULTY POSITIONS

(Adopted by the Faculty and the President, May 1981)

Decisions as to whether to authorize new positions or reauthorize vacant ones requires the consideration of several more or less independent kinds of data and circumstances, and are always conditioned by the overall distributions of positions among teaching areas and the ratio of students to faculty which the institution has decided it can support. Because of the unique and varied conditions of each department it is not possible to attach fixed weights to the factors which will be considered. For initial authorization and reauthorization decisions, the following factors will be taken into consideration:

• How the curriculum of the department and the position under consideration fit into the statement of aims and the liberal arts traditions of Ohio Wesleyan.

• How the position relates to the curriculum of the department.

• The need for a viable curriculum for the major.

• Departmental method of determining faculty teaching load and its consistency with University teaching load policy.

• Number of graduation units generated by each faculty member.

• Cost of program per graduation unit (e.g., Hegis data).

• Versatility of other faculty in department to teach courses associated with the position under review.

• Grade distribution.

• Number of majors.

• Service functions of the department.

• Non-teaching responsibilities unique to the department.

• Course proliferation and course overlap.

• The impact of new courses and/or new programs on the curriculum and on the total enrollment.

• Distribution of course offerings (upper-level and lower-level).

Decisions as to whether newly authorized or reauthorized positions shall be term or tenure-track will involve judgments about the expendability of such positions and about the effect of such decisions on the academic and financial flexibility of the department(s) and the University. A position will be classified as tenure-track when at the time of decision circumstances favor a reasonable expectation that the position can be supported in the long run. The state of the job market for a position may also be relevant in individual cases, when classifying a position as term seems likely to make it very difficult, if not impossible, to attract a qualified appointee. A position shall be classified as term when at the time of the decision there is significant doubt about the institution’s long-term commitment to support that position. It is expected that such a circumstance will be rare and that newly authorized and reauthorized positions normally shall be tenure-track.

In a review of regular positions, a decision to change the status of a tenure-track position will be made only when circumstances supporting that status initially have changed significantly. In that review the Committee and the administration shall use those criteria previously outlined. The burden of proof for change in status lies with those proposing the change.

APPENDIX D
DIVERSITY, EQUITY AND INCLUSION POLICY STATEMENT

Ohio Wesleyan University recognizes and celebrates that each member of its community is unique and that diversity is both essential to and a highly-valued principle of the University as a site of learning and work. The desire for diversity at Ohio Wesleyan University is the foundation of our continuing and vigorous efforts to increase the diversity of the campus community, to promote equal employment opportunities, to ensure nondiscrimination in all aspects of our programs and activities, and to prevent implicit bias in all of our actions. We strive to be an inclusive community that engages groups of diverse individuals and allows them to connect in ways that increase each participant’s awareness, knowledge, and empathetic understanding to achieve exceptional results. We are committed to creating an environment where underrepresented populations have equal access to resources and opportunities to learn and grow both personally and professionally.

At Ohio Wesleyan University equal opportunity assumes that the concept of merit, based solely upon a person’s ability to perform their job duties and academic responsibilities, will govern all personnel and educational decisions. Ohio Wesleyan University is committed to achieving equal opportunity through proactive measures, which require intentional efforts to recruit, admit, employ, compensate, and promote/transfer members of groups previously underrepresented. This Diversity, Equity and Inclusion Policy Statement is meant to ensure equitable opportunities, consideration and treatment for all current and prospective students and employees.

Diversity and Equity for Ohio Wesleyan University is more than mere compliance with laws and regulations. Diversity and Equity benefits the University by promoting an inclusive environment free from constraint on the basis of culture, race, sex, disability, sexual orientation, gender identity and/or expression, age, religion, family structure or relationships, or economic status. As an institution of higher learning, Ohio Wesleyan University offers faculty, students, staff, and administration an unparalleled campus experience – one that builds character, fosters leadership, expands minds, opens hearts, broadens awareness, refines skills and challenges individuals to grow. Through the Diversity, Equity and Inclusion Policy Statement, we must capitalize on these characteristics to maximize the value of the Ohio Wesleyan University experience. Preserving and improving upon the campus experience requires commitment on a personal level to the University’s ethic of diversity. Our task is crucial, as we are challenged to demonstrate how diversity, equity and inclusiveness in all areas can directly and in the long-term influence the character of the University. The mission and character of the University can never be mandated and protected by statements alone – action is required through the continued use of targeted and specific programs. The Board of Trustees, the Administration, and the Faculty wish to reaffirm their previous resolutions and restate their support for efforts to achieve diversity, equity and inclusion in our student, faculty, staff and administrative populations. This support and commitment is based upon the following beliefs:

• Diversity serves as an important educational function.  One of higher education’s essential functions is to broaden the perspectives of students by exposing them to individuals from different backgrounds and to a variety of disciplines, cultures and points of view. Given the enormous changes taking place in our nation and the world, it would be difficult to conceive of receiving a high quality education without such exposure.

• Diversity in higher education helps prepare students for the world of work and for participation in a democratic society.  Employers in all sectors of the economy increasingly see diversity as critical to organizational success and competitiveness. The expectation is that higher education will prepare students for a work environment that is characterized by diversity. We believe that a diverse workforce is a better, more productive workforce – which is as true in higher education as it is in other sectors. In addition, as the demand for higher levels of education for employment and advancement continue to rise, we cannot hope to achieve true equality of opportunity unless diversity and inclusion is attained on our college campuses.

• Diversity, Equity and Inclusion in colleges and universities enhances the quality of a higher education.   A diverse faculty and staff are essential for colleges and universities to provide academic excellence in teaching, mentoring, scholarship and service to the campus community.

The implementation of our Diversity, Equity and Inclusion Policy Statement is essential in reaching the results we value for our University, which are:

• An institutional vision, leadership, and commitment to diversity, equity and inclusion that fosters and advocates systemic change

• Faculty and staff who exemplify academic and professional excellence. We believe such excellence is enriched by pluralism, differences of perspectives and ideas, as well as diversity and inclusion of thought

• Increased sensitivity to different norms and cultural expectations

• An intellectually and socially enriched environment that promotes critical thinking through curricular programming

• Proactive initiatives that acknowledge, accept, support and celebrate the diversity of the campus community

• The dismantling of preconceived prejudices and judgments about people and their cultural values

Ohio Wesleyan University is committed to the maximum utilization of its human resources and the goal of equal opportunity through its diversity efforts in all aspects of its daily operations. Just as we each share individually the responsibility for meeting the challenges of our institutional objectives, we each have a responsibility for seeing that this Policy is embraced and integrated into the very fiber of the institution. Those charged with hiring and supervisory responsibilities bear a special obligation to respond proactively in the quest to fulfill the University’s commitment to diversity, equity and inclusion.

Responsibility for Policy and Implementation

The final responsibility for the establishment, maintenance, and enforcement of the Diversity, Equity and Inclusion Policy Statement rests with the President of the University, but responsibility for implementation and compliance with the Policy is also shared by the Provost, the Vice President for Finance and Administration, the Vice President for University Advancement, the Vice President for Enrollment Management, the Vice President for Student Engagement and Success, the Chief Communications Officer, the Associate Dean of Diversity and Inclusion, the Director of Human Resources, the Diversity, Equity and Inclusion Officer, and the Council for Diversity, Equity and Inclusion. The University fully supports this Policy and will make every effort to ensure institutional commitment to and compliance with the philosophy expressed herein.

Diversity, Equity and Inclusion Officer

The President shall appoint the Diversity, Equity and Inclusion Officer who in that capacity will report directly to the President. The position shall be administrative and afforded the necessary support and status to execute the assignment. The Diversity, Equity and Inclusion Officer shall work in concert with those University personnel who are charged with implementing employment policy. The Diversity, Equity and Inclusion Officer shall be knowledgeable about federal, state, and local laws. The Officer shall be someone who is committed to the University’s goal of vigorously pursuing the objectives of diversity, equity and inclusion at Ohio Wesleyan University.

Responsibilities of the Diversity, Equity and Inclusion Officer

The responsibilities of the Diversity, Equity and Inclusion Officer shall include but are not limited to the following:

1. To oversee the implementation of the Diversity, Equity and Inclusion Policy Statement and to serve as a resource for diversity, equity and inclusion issues on campus.

2. To advise those persons responsible for hiring, recruiting, retention, promotion, pay, tenure, working conditions, and educational programs and facilities about legal issues and University policies related to diversity, equity and inclusion.

3. To assist in University personnel searches and assess the availability of and assure equal opportunities for and consideration of qualified women, underrepresented populations and other diverse candidates.

4. To provide consultation and training to University Search Committees on diversity, equity and inclusion issues in the hiring process and best practices for recruiting diverse candidates. Provide a trained representative to serve as a member of every University Search Committee.

5. To review and monitor University policies and practices affecting diversity, equity and inclusion.

6. To serve as a University resource to receive complaints related to diversity, equity and inclusion, and to direct complaints to the proper University channel for investigation and resolution.

7. To measure the University’s progress, through statistical analysis, towards its goal of creating a more diverse campus community.

8. To evaluate the effectiveness of this Policy, and to recommend revision of the Policy to the President.

9. To report to the President and University community progress toward diversity goals.

The Council for Diversity, Equity and Inclusion

The Council for Diversity, Equity and Inclusion shall serve in an advisory capacity to assist the Diversity, Equity and Inclusion Officer in reviewing the implementation of the Diversity, Equity and Inclusion Policy Statement. The Council shall also serve as an advocate for the University’s Policy and commitment to creating a culturally diverse academic and work environment. The Council may be convened by the President, Diversity, Equity and Inclusion Officer or the Associate Dean of Diversity and Inclusion. The Council shall meet twice a month during the academic year. Meetings not specifically designated as executive sessions shall be open to all University personnel and students. Upon the request of any member of the Council, voting shall be conducted by secret ballot.

Composition of the Council

The Council shall include faculty, administrative staff and student representatives:

1. The Diversity, Equity and Inclusion Officer – Chairperson

2. Associate Dean of Diversity and Inclusion – Assistant Chairperson

3. The Director of Human Resources

4. The Assistant Dean for Multicultural Student Affairs

5. Two faculty members elected by the faculty

6. One member appointed by the President (can be faculty, staff, student, alumni, etc.)

7. One staff employee representative elected by the Staff Council

8. One student elected by the Wesleyan Council on Student Affairs to be selected from the Student Inclusion Advocacy Committee

9. One student appointed by the Vice President for Student Engagement and Success

The duration of an appointment or election to the Council for Diversity, Equity and Inclusion for the various representatives is specified as follows:

1. The Diversity, Equity and Inclusion Officer, Associate Dean of Diversity and Inclusion, the Director of Human Resources and the Assistant Dean for Multicultural Student Affairs shall be continuing members.

2. Faculty representatives shall serve for a period of three years, the terms to be staggered in the initial selection. Faculty representatives are eligible to serve two consecutive terms.

3. Staff representatives, including those elected by the Staff Council, shall serve for a period of two years. Staff representatives are eligible to serve two consecutive terms.

4. Student and Alumni representatives shall serve for one year, but may be reappointed annually.

The Council, in conjunction with the Diversity, Equity and Inclusion Officer and the Associate Dean of Diversity and Inclusion, shall submit an annual report to the President and to the Faculty and Staff. This report is to be included with the year-end reports for the last regularly scheduled faculty meeting of the year. The report will summarize the activities of the Council and include information on its assessments, proposals and award selection.

Responsibilities of Council for Diversity, Equity and Inclusion

The responsibilities of the Council for Diversity, Equity and Inclusion shall include but are not limited to the following:

1. To revise and further develop the Diversity, Equity and Inclusion Policy Statement as soon as the Council for Diversity, Equity and Inclusion is formed.

2. Development, oversight and management of the University Diversity and Inclusion website.

3. Assessment of the current climate of racial and cultural diversity in all aspects of the University structure, function and operation. The scope of the assessment will include but not be limited to the quality of life and involvement at the University of students, faculty, staff, alumni, and trustees.

4. In conjunction with other appropriate University personnel, performance of periodic audits of University physical facilities to focus on accessibility issues and messaging.

5. Development of a process for complaint reporting to the Diversity, Equity and Inclusion Officer who will assign the complaint to the appropriate University organization for investigation and resolution (Title IX, Student Conduct, Human Resources, Faculty, etc.). Direction of complaints to proper University resources or organizations as needed.

6. Assembly of data and statistical analysis of the status of diversity at the University

   1. Publish statistics using Dashboard on Diversity & Inclusion website

7. Participation in the orientation process for new faculty and staff.

8. Facilitation and delivery or arrangement for training on diversity, equity and inclusion topics

   1. Development of toolkit of training materials

   2. Development and delivery of Search Committee training and/or materials

   3. Facilitation of or arrangement for annual (or semester) campus wide training

   4. Implementation of Lunch and Learn sessions on Diversity and Inclusion topics

9. Review of existing University policies and programs as they relate to diversity, equity and inclusion and proposal of changes to the University President regarding policies and programs to improve the climate of racial and cultural diversity in all aspects of the university structure, function and operation.

10. Selection of the winners of the two annual Branch Rickey Awards, one for an individual and one for a group, who have best contributed to the climate of racial and cultural diversity at the University during the current academic year.

Dissemination of Policy

The Diversity, Equity and Inclusion Policy Statement is a public University document. To facilitate the dissemination and communication of the Policy, copies will also be available in the following places.

• The Faculty Handbook

• The Staff Employee Handbook

• The Student Handbook

• The University Catalog

• The Office of Academic Affairs (Provost)

• The Office of Human Resources

• The Office of Student Affairs

• The Office of Multicultural Student Affairs

• The Diversity, Equity and Inclusion page of the University website

The Human Resources Office will issue a copy of the Policy to each administrator. Additional copies will be made available to individuals upon request. The policy statement shall be communicated to all personnel, student, and prospective students through appropriate University publications such as the University catalog and website.

APPENDIX E
OHIO WESLEYAN UNIVERSITY
POLICY ON HARASSMENT, INCLUDING SEXUAL HARASSMENT

Committee on Women and Gender
Writing and Revisions

I. The Principles of Our Policy

Ohio Wesleyan University is committed to maintaining a positive climate for study and work, in which individuals are judged solely on relevant factors, such as ability, performance, and University requirements, and can pursue their activities in an atmosphere that is free from harassment, coercion and intimidation. Harassment, including sexual harassment, undermines the mission of the University and threatens the careers, academic experience and well-being of students, faculty, staff and visitors to the campus.

Therefore, it is the policy and goal of Ohio Wesleyan University that all students, faculty, staff and guests be free from harassment based upon an individual’s race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status. This prohibition includes sexual harassment.

Although guided by the laws of the United States and the State of Ohio, the University’s policy against harassment is not limited by these laws and is unique to Ohio Wesleyan University and is an expression of the academic, residential and professional standards of the Ohio Wesleyan community. All charges of harassment, including sexual harassment, in violation of this policy will be taken seriously, and any person found to have engaged in harassment will be subject to discipline. The University reserves the right to investigate circumstances that may involve harassment in situations where no complaint, formal or informal, has been filed.

In addition, the University will not tolerate retaliation against a person who has reported harassment or conduct likely to be harassment or who participates in resolving such a claim. Nor will the University tolerate any false charge of harassment.

Nothing in this policy should be construed to infringe upon the academic freedom of members of the University community and their right to use the academic forum provided by the University to discuss controversial subjects or to express ideas with which some or most members of the University community strongly disagree.

II. Scope of Harassment Policy and Procedures

1. This policy applies to all faculty, all non-faculty employees, and all students.² All University community members are expected to abide by this policy, whether on campus or away from campus when engaged in activities sponsored by the University or that otherwise relate to the University or its business, including the activities of recognized student organizations. Those who contract to use Ohio Wesleyan’s campus, conduct business on campus or visit the University are also expected to adhere to the principles established by this policy.

2. While this policy applies to all members of the University community, the status of the person alleged to have harassed another will determine the procedures that apply and any discipline recommended. If a student is alleged to have engaged in harassment, the allegation will be resolved in accordance with the procedures found in the Student Code of Conduct (found in the Student Handbook). Faculty and non-faculty employees will be governed by the procedures for this policy. Full-time students who are also employed by the University will be treated as students for purposes of this policy, and University employees who also take classes part-time will be treated as employees for purposes of this policy. PROCEDURES FOR REPORTING A VIOLATION OF THIS POLICY CAN BE FOUND IN THE COMPLAINT AND REPORTING PROCEDURES BELOW.

​

III. Defining Harassment and Sexual Harassment

1. Harassment of an individual on the basis of the individual’s race, color, gender, gender identity and/or expression, sexual orientation, family configuration³, religion, national origin, age, disability or military status can result in persons being denied equal opportunity in the terms and conditions of their employment or education.

2. Harassment includes incidents of verbal or non-verbal behavior directed toward an individual because of the person’s race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status that are severe or pervasive enough to adversely affect a person’s work or academic environment. Sharing or displaying objects, pictures, stories, or jokes that demean persons or that otherwise create hostile or offensive working, academic, or living environments on the basis of a person’s race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status, even if not directed toward a specific individual, can constitute harassment in violation of this policy.
   
   Harassment of this nature is sometimes referred to as creating a hostile work environment, similar to the distinction in the sexual harassment definition below.

3. Sexual harassment is a specific form of harassment that generally has been defined in two broad categories: Quid Pro Quo Sexual Harassment and Hostile Environment Sexual Harassment.

   1. Quid Pro Quo: Quid pro quo sexual harassment can involve promises (for example, raises, promotions, high grades, etc.) based on an individual’s willingness to submit to unwelcome behavior, including sexual favors or activities or relationships or other unwelcome attention based on the person’s sexuality or gender. It can also involve threats (e.g. demotion, bad grades, discipline, etc.) based on an individual’s refusal to submit to unwelcome behavior, including being involved in a sexual or romantic relationship, granting sexual favors, or engaging in other sexual or unwelcome activities based on sexuality or gender. The promise or threat does not necessarily need to be overt.

   2. Hostile Environment: A hostile environment ordinarily exists when there are incidents of verbal or non-verbal behavior in the workplace or academic environment that focus on the sexuality or gender of a person, that are unwelcome, that are severe or pervasive enough to adversely affect a person’s work or academic environment, and that are outside the realm of appropriate academic study or work practices.

   3. In determining whether a behavior or series of behaviors constitute sexual harassment under the University’s policy, the University will consider whether:

      1. the unwelcome behavior is based on the person’s gender or sexuality and has the purpose or effect of (a) creating an intimidating, hostile, or offensive environment for working, learning, or living on campus, or (b) substantially interfering with an individual’s work, academic performance, or status; or

      2. submission to the unwelcome behavior is made either explicitly or implicitly a term or condition of a person’s employment or academics; or

      3. submission to or rejection of the unwelcome behavior is used as the basis for academic or employment decisions affecting the person.

4. Forms and Examples of Harassment

Harassment in violation of this policy can take many forms. The following are some examples of the type of conduct that, if severe or pervasive enough, can create a hostile work environment in violation of this policy:

• Abusive, threatening or offensive remarks about individual persons or classes of persons on the basis of the individual’s age, race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status.

• Circulation or display of offensive or threatening materials, including photos, cartoons, symbols, or commentary, about classes of persons on the basis of their age, race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status.

• Stereotyping persons with regard to their characteristics or abilities on the basis of their age, race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status.

• Use of slurs or epithets in reference to individuals or classes or persons on the basis of their age, race, color, gender, gender identity and/or expression, sexual orientation, family configuration, religion, national origin, age, disability or military status. 

5. Forms and Examples Specific to Sexual Harassment

Sexual harassment can be verbal, visual or physical. Men, as well as women, can be subject to sexual harassment. Sexual harassment can be aimed toward a person of the same gender as the person harassing if the conduct meets the definition of sexual harassment.

Quid pro quo sexual harassment can be overt, as when a professor suggests that a student could get a higher grade or when a supervisor offers an employee a greater pay increase in return for submission to sexual advances or other unwelcome attention based on gender or sexuality. The suggestion of a benefit or threat need not, however, be direct or explicit. It can also be inferred from the conduct, circumstances and relationship of the individuals involved.

Some examples of conduct that can lead to hostile environment sexual harassment include (but are not limited to) the following, if the conduct is unwelcome and is severe or pervasive so as to create a hostile work or academic environment:

1. persistent, unwelcome attempts to change a professional or academic relationship to a romantic or sexual relationship

2. abusive remarks about individual persons or classes of people on the basis of their gender, gender identity and/or expression or sexual orientation

3. sexual abuses such as assault and rape (which may also constitute criminal conduct)⁴

4. forms of attention toward another member of the University community, when they are persistent and unwelcome, for example:

• requests for dates

• flirtations

• sexual advances

• love letters

• phone calls

• electronic communications

• gifts

• touching, patting, hugging, brushing against a person’s body, staring

5. Unwelcome verbal comments such as:

• graphic commentary about an individual’s body, sexual prowess, sexual deficiencies, sexual orientation and gender identity and/or expression

• inquiries and comments about sexual activity, experience, or orientation

If you are not sure whether a particular behavior is acceptable, ask yourself how someone you care about might feel in the same situation. You might ask these questions:

1. Would you say or do this in front of your spouse or partner or parents?

2. Would you say or do this in front of a colleague?

3. Would you be uncomfortable if these words or this behavior were publicized?

For the purposes of this policy, the work or academic environment includes classrooms, residence halls, University buildings, activities, outdoor campus areas, programs, offices, communications, and all University-sponsored events (both on and off campus, including during travel in the course of University sponsored activities).

IV. Key concepts

1. Impact vs. Intent
   Stating “I didn’t mean to harass…” does not excuse a person’s behavior from being found to be in violation of the University’s policy against harassment. In its evaluation of a complaint, the University will consider the effect of the conduct (whether verbal or non-verbal) on the complainant’s right to be treated equally in the terms or conditions of his or her employment or education. The intentions of the harasser may be considered when determining an appropriate remedy.

2. The Impact of PowerHarassment, in particular sexual harassment, often occurs when there is an imbalance of power and/or an abuse of a power relationship. The imbalance can be with respect to administrative power and authority, such as supervisor/staff member or professor/student. It can also be a situation in which power is based on some other criteria, such as possessing information that another person needs for his or her work or study, differences in personality types, or the number of persons in one group compared to another one. If an individual acquiesces out of fear of reprisal, there is no consent.

V. Harassment Prevention

1. Everyone can help improve the work and study environment at OWU by taking responsibility, showing respect for other people, and by modifying words and actions when they may offend others. You can prevent harassment through increased awareness, self-evaluation and with your commitment to taking action. For example:

   1. Become aware that your own behavior can be perceived as harassment of others, even if not intentional.

   2. Let it be known when you experience behavior you find objectionable and unwelcome.

   3. Clarify your understanding of harassment, freedom of speech, academic freedom, and performance management and the relationships among these practices and principles.

   4. Object to and report conduct that you believe is or may be harassment when you see or experience it. All University employees and students, as well as independent workers and sub-contractors who are in an employment relationship with the University, are strongly encouraged to report instances or allegations of conduct that would lead a reasonable person to believe that harassment has occurred or is occurring. Any supervisor, including faculty supervisors, chair, department head, administrator, or, with regard to harassment of students, any faculty member who becomes aware of such information or receives a complaint or allegation shall notify either the Provost or Human Resources director of such information.

   5. Offer support to anyone who is being harassed.

   6. Refuse to go along with harassment masked as humor or academic debate.

   7. Realize that if you are in a position of power or authority, that power can be intimidating; remember that “no” means “NO!”

VI. Retaliation

The University will not tolerate retaliation in any form against any person because he or she has reported an allegation of harassment or conduct reasonably likely to violate this policy, has assisted another person in reporting or pursuing such an allegation, or has participated in an investigation of a claim of harassment. Such retaliation is a serious violation of this policy and can subject the offender to appropriate sanctions or discipline.

The reporting and resolution of any instance of retaliation under this policy shall follow the procedures governing harassment

VII. Awareness

It is the University’s policy to take appropriate steps to make faculty, staff and students aware of this Policy and related Procedures, including distribution of the Policy and Procedures, harassment awareness activities and individual access to members of the Harassment Advisory Panel.

Complaint and Reporting Procedures

It is the University’s goal and responsibility to promptly and effectively end any harassment in violation of this Policy. To that end, the following procedures are available for you to bring a stop to any harassment or bring forward a claim of harassment.⁵

     Step 1: Meeting with an advisor: If you believe you have been subject to harassment in violation of this Policy, you should meet, as a first step, with a member of the Harassment Advisory Panel to discuss your concerns as early as possible,⁶ even if you are uncertain whether what you are experiencing or witnessing constitutes a violation of the University’s policy against harassment. This includes sexual harassment. Students may also meet with the Coordinator of Student Conduct to discuss incidents of harassment of students by other students or assess other resources set forth in the Code of Student Conduct.

• Harassment Advisory Panel: Members of the Harassment Advisory Panel (“Panel Members”) are available to provide counsel and support, answer questions, and to help you decide whether you want to seek resolution through informal or formal means. They can facilitate communication between you and the alleged harasser and assist you in understanding or following the University’s procedures. Should you decide to pursue formal procedures, they can assist you in preparing a complaint.

  • The University’s Harassment Advisory Panel is comprised of 6 faculty, 3 staff and 3 administrators appointed by the Provost and HR Director for 3- year renewable terms. When the Panel is first appointed, the members will have staggered terms (1-year; 2-year; 3-year) in order to assure continuity. At the start of each of their terms, members of the Harassment Advisory Panel will be trained in understanding the policy and procedures, assisting persons who have concerns about harassment, and investigating complaints of harassment. The Panel will provide a pool of resources from which the University can draw in addressing harassment complaints.

• Confidentiality: The Panel Member with whom you speak will listen in confidence and will make every effort to maintain the confidentiality of your claim or concerns. However, it is important to understand that the Panel Member has an obligation to the University to report any claims of harassment brought to his/her attention (for faculty, the Provost; for non-faculty, the HR Director). Once the University has this information it is obligated to investigate the matter and, if the allegation is found to have merit, to take steps to promptly and effectively stop the harassment. The sharing of any information among University officials will be on an as-needed basis.

• Other initial options: Alternatively, and/or in addition to speaking with a Panel Member (or, for students, the Coordinator of Student Conduct), you should feel free to contact the University counseling services or the Chaplain’s office to discuss in a supportive environment your concerns. The counselor or clergy member may also be of assistance with referrals to counselors and other resources outside the University. Unlike with a Harassment Advisory Panel member, information shared with a counselor or clergy member may be privileged in accordance with the standards of their professions and not subject to typical University reporting regulations.⁷

• If immediate action is needed: If the circumstances of your situation require the University to take immediate action to protect the complainant from ongoing harassment, the Panel Member will advise the appropriate University officials to assure that such steps can be taken.

     Step 2: Informal Resolution: When you have the initial meeting with a Panel Member, he or she will advise you of ways in which you may informally resolve your concerns as well as how to follow formal procedures. It is your decision as to which path you wish to take. The following describes the informal approach:

• Purpose: The purpose of an informal resolution is to bring an end to the unwanted conduct, without pursuing a fact-finding process or seeking disciplinary action. The Complainant may decide, for a variety of reasons, including increased confidentiality, speed of resolution, and a return to normal relations, that resolution through informal means is in his or her best interest. Informal resolution can be accomplished through direct communication or with assisted communication.

• Direct Communication: Sometimes, a person you believe is engaging in harassment may not fully understand the impact of his or her words or conduct. By utilizing this option, with the assistance and support of the Panel Member, you may decide to directly communicate with the person engaging in the harassing conduct. This could be accomplished with a direct conversation with the offender or through a written communication. The goal would be to let the offending person know you find his or her conduct or language offensive and to have it stop. The University’s policy strictly forbids any retaliation toward an individual who raises a concern or claim of harassment under this Policy.

• Assisted Communication: Alternatively, you may work with the Panel Member to assist you in seeking to have the conduct or language stopped. For example, the Panel Member could communicate with the offender and make him or her aware of the impact of his or her conduct or language. If possible, this could be accomplished without having to reveal your name. The Panel Member would inform you of the Respondent’s response and assist in a satisfactory resolution. Another example would be for the Panel Member to mediate or facilitate a mediation between you and the offender. As with direct communication, the goal would be to stop the behavior promptly.

     Step 3: Formal Procedure: If, after meeting with a member of the Harassment Advisory Panel, a satisfactory result cannot be reached informally, or if you decide you do not wish to pursue an informal resolution, you may pursue the formal procedure, the steps of which are as follows:

1. Incident Report (Complaint): The first step in the formal procedure is for the Complainant to prepare a written incident report to describe the conduct alleged to be a violation of the University’s Harassment Policy. The Complainant may seek the assistance of the Panel member with whom he or she initially met in preparing the formal report (or “complaint”).

• Timing: Formal procedures should be initiated as soon as possible, but a complaint should be submitted within one year of the alleged harassment, absent extenuating circumstances that dictate otherwise, which will be determined by the Provost or HR Director.⁸

• Contents of report: The Complainant is encouraged to include as much detail as possible in the complaint, including the name of the Complainant and the person(s) alleged to have harassed (“the Respondent(s)”), a detailed description of specific incidents involved, dates, times, language used, others who may have observed, and the like, and any response you may have made to the alleged harassment, including any efforts to resolve the matter. You may also include the outcome you are seeking.

• Submission of report: The Complainant shall submit the complaint to the member of the Harassment Advisory Panel with whom the Complainant has met in the preliminary stage, who will forward the report to either the Provost (if the Respondent is a faculty member), the Director of Human Resources (if the Respondent is a non-faculty employee, or Coordinator of Student Conduct (if the Respondent is a student). Alternatively, the Complainant may submit the report directly to the appropriate person listed above. (If the complaint were to involve an individual holding one of these positions, the complaint should be filed with the Panel Member who would submit it to the President.) [Any complaint regarding a contractor or other visitor should go to the Director of Human Resources who will notify the appropriate person.]

• Informing Respondent: Upon receipt of the Complaint, the Provost or Director of Human Resources will advise the Respondent of the allegation, provide details of the accusation in writing, provide him or her with a copy of the Harassment Policy and Procedure, and specifically advise him or her of the opportunity to contact a Panel Member to assist in the preparation of a response or provide other support or information.

  • STUDENTS: If the Respondent is a student, the Coordinator of Student Conduct will initiate the proper procedures through the Student Judicial System, through which the complaint will be handled from this point on.

2. Response by Respondent: Once the Respondent has been so advised, he or she has the opportunity to submit a written response to the complaint. The Respondent may seek the assistance of a Panel Member in preparing the response. In order for the written response to be considered in the next stage of the process, the response must be submitted to the Provost (faculty) or HR Director (non-faculty) within seven (7) working days of notice of the complaint. The response should also include as much detail as possible, as discussed above in “Contents of Report.”

3. Initial Review and Investigation: Once the complaint and response have been submitted, the Provost or HR Director who received the complaint will select two Panel Members to serve as an investigation committee along with the Provost or HR Director.

• Initial Review: The initial step of the investigation will be to determine whether the conduct or language complained of would, if true, constitute a violation of the University’s policy against harassment. The Panel Members will make a determination on this question.

  • If both Panel Members determine that the complaint, even if true, would not constitute a violation of the University’s policy against harassment, the Complaint will not be pursued further, and the Provost or HR Director will so advise the Complainant and Respondent.

  • If either of the Panel Members determines that the conduct or language complained of would, if true, constitute a violation of the University’s policy against harassment, the two Panel Members will promptly proceed to conduct an investigation of the facts underlying the complaint.

NOTE: If, at any time in the processes set forth in these procedures, the Complainant or the Panel Members believe immediate action needs to be taken in order to stop ongoing harassment, he or she should advise the Provost or HR Director who will take appropriate action. [If immediate action needs to be taken with regard to a student, the Coordinator of Student Conduct should be notified.]

• Investigation: If an investigation is called for, the Panel Members will proceed promptly to conduct a fact-finding process, which will proceed as follows:

  • The Panel Members, working as a team, will conduct interviews of both the Complainant and the Respondent. They may also interview any other individuals who may have knowledge that would be helpful in determining what has occurred.

  • The Panel Members may also seek from the Complainant or Respondent or others any documentation that would be helpful in conducting their investigation.

  • Throughout this investigation process, the Panel Members will continue to maintain efforts to keep the matter as confidential as possible, in compliance with their duties.

4. Report of Findings of Investigation:

• The Panel Members will issue a written report of their factual findings, including a conclusion of whether or not they find it is more likely than not that there has been a violation of the University’s policy on harassment. If they disagree as to the findings or conclusion, that will be stated in their joint report. The report may also include recommendations and suggestions for resolution, including actions that would aid in stopping or preventing further harassment or disciplinary measures.

• The Panel Members will submit their report to the Provost or HR Director within thirty (30) days of their receipt of the complaint and response. An extension of that time period may, if found necessary, be granted by the Provost or HR Director.

• The Provost or HR Director will advise in writing the Complainant and Respondent of the results of the investigation, including a copy of the report, within two working days of receiving the results. If the finding is that it is more likely than not that a violation of the policy has occurred, the Provost or HR Director will, within five working days of receiving the report, also advise the Respondent of the discipline or other action, if any, he or she intends to recommend. The Provost or HR Director may also inquire whether the parties can resolve the matter through discussion or mediation and facilitate such a resolution if requested.

• If either party wishes to pursue a hearing to review the outcome of the investigation, he or she may request such a hearing. The request must be made to the Provost or HR Director within seven calendar days of receiving the results of the investigation.

5. Hearing

• Request for hearing: If either party requests a hearing, an ad hoc hearing panel will be appointed by the Provost or the HR Director within seven days of the request. The ad hoc hearing panel’s charge will be to hear the Complainant and the Respondent, as well as individuals who may have knowledge (additional witnesses are within the Panel’s discretion), and review documents. In addition to the complaint, response, and any related documents, the hearing panel will also have available to it the report of the investigation to aid the panel in conducting its own hearing and review, although such report is not binding on the panel. It will also be advised of the discipline or other action, if any, recommended by the Provost or HR Director.

• Composition of Hearing Panel: The hearing panel will consist of three voting members and the Provost or HR Director as a non-voting member and chair. The panel will include at least one Harassment Advisory Panel Member who was not previously involved in the complaint and at least one male and one female member. If the Respondent is a faculty member, the panel will consist of one voting member who is of the same employment category as the complainant (faculty, administrator, staff) with the other two voting members being faculty members. If the Respondent is a non-faculty employee, the panel will consist of one voting member who is of the same employment category as the complainant, with at least one other voting member being a non-faculty employee.

  • Conflicts of interest: Before agreeing to serve on a hearing panel, the requested panel member will be advised of the names of the Complainant and Respondent so that he or she can ensure there is no conflict of interest in serving on the panel.

• Scheduling of hearing: The hearing will be scheduled for a time not later than seven work days from the date the panel is selected. The panel will notify the Complainant and Respondent not less than five calendar days prior to the hearing of its date, time and location.

  • At the same time, the chair will also provide to the parties the names of the members of the panel and inform them that any challenges for bias must be made not less than two days prior to the hearing. The chair will determine the sufficiency of any challenge and, if appropriate, choose a replacement panel member.

• Hearing procedures: The panel will conduct a hearing in the manner in which it determines, in its discretion, will be most conducive to determining fairly the facts and assessing responsibility and is in compliance with the following specifications:

  • At the time of the hearing, both the Complainant and the Respondent will have the right to be heard in person by the panel. Both may be present while the other presents his or her position and while others provide information to the panel. The panel will, in its discretion, control the hearing so as to assure that any questions asked are relevant to the complaint and helpful to the determination required of the panel.

  • Although legal counsel may not attend the hearing, the Complainant or Respondent may be accompanied by an individual of his or her choosing from the University community. The accompanying individual may neither address the panel nor question persons called before the panel.

  • Other than the panel members, the Complainant and the Respondent, and the individuals accompanying them, the hearing will be closed, except when any other person asked by the panel to provide information is before the panel.

  • Following the hearing, the panel will meet privately to make its determination.

• Burden of proof and finding: In order to find a violation of the policy, the panel (by a vote of at least two voting members) must find that the policy was more likely than not violated—either as based upon the complaint, or due to a false charge of harassment.

  • If the panel does not find there has been a violation of the policy, the chair will inform the parties of the finding in writing, within two working days, and the complaint will be dismissed. All records pertaining to the complaint shall be sealed and maintained inthe office of the Provost or HR Director and accessible only to the Provost or Director.

  • If the panel determines that there has been a violation of the policy, the chair will inform the parties of the finding in writing, within two working days. The panel may also recommend sanctions or other actions appropriate to resolving the complaint. All records pertaining to the complaint will be held in the possession of the Provost or HR Director for use in case there is a challenge to any discipline as provided for below.

  • The ad hoc panel’s decision as to whether or not there was a violation of the policy will be final.

  • The panel will ordinarily reach its conclusion within twenty working days after its impanelment.

6. Discipline:

• If a violation of the policy is found to have occurred, sanctions or disciplinary action may be imposed. If the Respondent is a faculty member, any sanction or discipline resulting from a decision that there was a violation of the policy will be within the discretion of the Provost. If the Respondent is a non-faculty employee, or an employee who is not a part of the teaching faculty and not reviewed by the Faculty Personnel Committee, the results will be provided to the hiring officer, who will determine the appropriate sanction or discipline, if any.

• Any discipline may be challenged by the Respondent. For faculty: utilizing the procedures set forth in Chapter III of the Faculty Handbook  ; for hourly employees: utilizing the procedures set forth in the Handbook for Hourly Employees; for salaried employees: by review by the President. Such review will be only on the appropriateness of the discipline, compliance with procedures, or the question of whether the proceedings were unbiased. Such review must be initiated in writing, and the President’s decision, which will be in writing, will be final.⁹

• After any challenge to discipline has concluded, or after it has been determined that there will be no such challenge, all records pertaining to the complaint shall be sealed and maintained in the office of the Provost or HR Director and accessible only to the Provost or HR Director.

• If, at any point in these proceedings, the Provost or HR Director is allegedly involved in the alleged harassment, the President shall appoint a substitute to stand in the place of the Provost or HR Director. If there is an allegation that the President has violated this policy, the Chair of the Board of Trustees, working in consultation with the Director of Human Resources, will define a process for reviewing the allegation.

7. Relief to Complainant: As appropriate, the University will take action to provide relief to the Complainant, including assuring that the conduct has stopped, taking measures to prevent its reoccurrence, or redressing the specific harm. If an individual is found to have harassed another, any changes taken to separate the individuals or otherwise diminish the possibility of future harassment will, to the extent possible, be taken with regard to the offending party, unless the complaining party wishes to make a change in his or her work circumstances.

Resources

Counseling Services, HWCC 324
Women’s Resource Center, HWCC 328
LGBTIQ Resource Center HWCC 218
Multicultural Student Affairs Office, HWCC 324
International and Off-Campus Programs Office, HWCC 214
Human Resources, Univ. Hall 003
Chaplain’s Office, HWCC 308
Provost’s Office, Univ. Hall 108
President’s Office, University Hall 101
Residential Life, HWCC 225
Public Safety Office, Smith Hall 120
Student Health Services, Stuyvesant Hall
Vice President for Student Affairs, HWCC 230
Student Life, HWCC 230

APPENDIX F
POLICY ON VOLUNTARY SEXUAL RELTIONSHIPS BETWEEN FACULTY/STAFF AND STUDENTS

Ohio Wesleyan strongly discourages any sexual relationship between a faculty/staff member and an OWU student. Relationships in which a differential of power exists between parties increase the risk of exploitation, favoritism, bias, and conflicts of interest. The following policy is intended to help protect the academic and institutional integrity of Ohio Wesleyan University by reducing the potential for these problems or the perceptions of them that might otherwise occur.

Faculty and staff members are prohibited from engaging in sexual relationships with OWU students with whom they have a supervisory, advisory, or evaluative role. For the purposes of this policy, a sexual relationship is defined as a relationship in which any kind of sexual physical contact occurs. All persons inhabiting the dual role of full-time student and paid staff will be treated exclusively as full-time students for the purpose of this policy. This policy sets a minimum standard for OWU employees. Non-faculty employees may be subject to different and stricter policies, in which policy statements may be promulgated by the administration to prohibit all sexual relationships between staff and students.

If a faculty/staff member does enter into a sexual relationship with a student, the faculty/staff member must have previously divested himself or herself from any responsibility for supervising, evaluating, grading, or advising the student, and must refrain from such activity with that student in the future. Because the fundamental asymmetry of the relationship may make subsequent allegations of sexual harassment difficult to disprove, the faculty/staff member is encouraged to report the relationship to a department head or supervisor and both the faculty/staff member and the student are encouraged to seek counseling regarding the potential for exploitation and harassment.

The fraternization policy applies to relationships between all faculty/staff members and students regardless of gender; however, it does not apply to relationships between faculty/staff members and their spouses or domestic partners (as defined by the University—see Personnel Office for information).

Sanctions for violating this policy, which can range from a letter of reprimand to dismissal, will be determined through the following procedures:

A. Preliminary Evaluation

Any member of the campus community may approach a Sexual Harassment Advisor (as listed in the University Sexual Harassment Policy and Procedures, Section III) with a complaint regarding a sexual relationship believed to violate this policy. The advisor will carry the complaint forward to the Provost (or the President if the Provost is the accused). When the Provost or President becomes aware of an alleged violation of the policy, the Provost or an alternative designate of the President will meet with an ad hoc committee. If the accused is a faculty member, the committee will consist of three faculty persons appointed by the Provost (or alternative designate) and two staff persons appointed by the President. If the accused is not a faculty member, the committee will consist of two faculty persons appointed by the Provost (or alternative designate) and three staff persons appointed by the President. This committee in conjunction with the Provost or designate shall determine whether or not there is a reasonable likelihood that the policy has been violated. If the decision is that no reasonable likelihood of violation exists, the case shall be dismissed, and all records pertaining to the case shall be sealed and placed in the appropriate office accessible only to the Provost or the President.

If the decision is that a reasonable likelihood of violation does exist, a reasonable attempt will be made to informally resolve the case in a manner that is acceptable to both the University and the accused. Such resolution may include sanctions as described below. If the case is not informally resolved, it will be formally heard by the determining body appropriate to the position of the accused.

B. Hearing

If the accused is a faculty member, the complaint will be heard by the Provost and the Faculty Personnel Committee (who will follow the procedures outlined in the Faculty Handbook: Chapter III, Part R, Section 5, from “It shall be the duty…” , Sections 6 , 9 , 10 ). Members of the Faculty Personnel Committee who have any personal involvement in the proceedings shall be disqualified.

If the accused is an administrator or member of the support staff, the complaint will be heard by an ad hoc committee of three administrators and two faculty members appointed by the President, none of whom shall have any personal involvement in the proceedings. If the President is the accused party, the Provost shall appoint the committee. The committee will follow the procedures outlined in the Faculty Handbook (substituting “ad hoc committee” for “Faculty Hearing Panel”): Chapter III, Part R, Section 5, from “It shall be the duty…” , Sections 6 , 9 , 10 .

If the accused is neither a faculty member, a member of the administration, nor a member of the support staff, the complaint will be heard in accordance with the “Grievance Procedure” in the Hourly Employees’ Handbook. If the official participants in the grievance procedure have any personal involvement with the proceedings, they shall be disqualified.

In all cases, a preponderance of evidence is required to find that the policy has been violated. The accused may be assisted and accompanied at the hearing by support persons and an advocate of his or her choosing. Those persons must be members of the University community (excluding members of the Board of Trustees) and may not include legal counselors (although legal counselors may be consulted at other points in the proceedings). The ad hoc committee will present evidence, call, question, and cross- examine witnesses on behalf of the University. The accused and the advocate may also call, question, and cross-examine witnesses. Every effort will be made to keep all aspects of the proceedings strictly confidential.

The final decision and disposition of the case by the determining body should be completed no later than twenty working days after the alleged violation is revealed to the Administration. If the determining body finds that the policy was not violated, the case shall be dismissed and all records pertaining to the case shall be sealed and placed either in the office of the Provost or of the President, whichever is deemed appropriate. After concluding its deliberations, the determining body may recommend that the accused undergo appropriate training or counseling, even if the violation of the policy remains unproven.

C. University Sanctions

If the determining body finds that the policy has been violated, the violator will be removed from any supervisory or evaluative capacity with regard to the student. Based on the nature of the offense, its severity, and the existence of prior violations, one or more of the following sanctions may be imposed.

Faculty members:

• receipt of a written reprimand or warning which will be added to the violator’s permanent personnel file

• loss of eligibility for a limited time for merit, internal grants, travel money, summer school teaching, leaves (regular or scholarly), salary enhancements, endowed chairs, and/or department chairpersonships

• suspension without pay

• termination for cause

Non-faculty members:

• receipt of a written reprimand or warning which will be added to the violator’s file

• reassignment (where appropriate)

• suspension without pay

• dismissal

A faculty member receiving the sanction of suspension without pay or termination for cause may request a hearing according to procedures in the Faculty Handbook.

D. Appeals

An appeal by the accused may be submitted to the President to have the Board of Trustees or its Executive Committee or a special committee designated by one of those bodies (in accordance with the Faculty Handbook appeal procedure, Chapter III, Part R, Section 8 , or the appeal procedures in the Hourly Employees’ Handbook) review the findings of and/or the nature and extent of the sanctions invoked by the determining body (unless the person is a faculty member who has elected to request another hearing, as in C above).

Such an appeal shall be submitted in writing to the President within ten working days after the finding of the determining body is received. Appeals shall be limited to:

(A) Review of the procedures; (B) Review of the appropriateness of the sanction(s); (C) Consideration of significant new evidence. The written appeal shall state the reason(s) why the accused believes that there are sufficient grounds for appeal. Such a review shall be based upon the record originally presented to the determining body and shall not constitute a rehearing of the evidence. The accused and the University shall be given the opportunity to present oral argument to the reviewing committee. The written determination of the Board of Trustees or its Executive Committee or the specially designated committee to such appeals shall constitute the final determination of the policy violation. The appeal process should be completed not later than twenty working days after its initiation.

Notes

APPENDIX B

¹ Copied from the AAUP Bulletin (a publication of the American Association of University Professors), Winter Issue, December 1960.

APPENDIX E

² Students are subject to the Student Code of Conduct as it relates to harassment, sexual harassment and sexual assault. The Student Code of Conduct shall take precedent in all matters in which an allegation of harassment, including sexual harassment or sexual assault, is raised against a student.

³ Throughout this policy, the term “family configuration” refers to an individual’s marital status and parental status, including pregnancy or pregnancy history.

⁴ Where any instance of harassment would or may also constitute criminal conduct, criminal charges can be filed at any time during the internal processes if, in consultation with an advisor, counselor, or legal representative, the victim determines that this is the appropriate route to follow based upon the circumstances. Such charges should be filed promptly by contacting the appropriate person or agency (for example, law enforcement, prosecutor, attorney).

⁵ Anyone who wishes to file a complaint outside the University should be aware that the Ohio Civil Rights Commission (OCRC), the federal Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Education’s Office for Civil Rights (OCR) have their own procedures and deadlines. Persons wishing to file complaints outside the University should contact these organizations directly and promptly. Use of the University’s procedures does not preclude access to these external options.

⁶ The list of Harassment Advisory Panel members can be found at the resources listed at the end of these procedures.

⁷ The University Chaplain’s website is https://www.owu.edu/about/offices-services/office-of-university-chaplain/. The Counseling Services website is https://www.owu.edu/about/offices-services/counseling-services/. Other resources that may be of help are listed at the end of these Procedures.

⁸ Throughout these procedures, where the Provost and HR Director are referenced, the Provost applies to instances in which the respondent is a faculty member; HR Director applies to instances in which the respondent is a non-faculty employee or an employee who is not a part of the teaching faculty and not reviewed by the Faculty Personnel Committee.

⁹ At the time these procedures were prepared, there did not exist an employment manual for salaried employees. At such time as such a manual is created, any challenge to discipline shall be governed by said manual.