Sexual Harassment in the USCA will not be tolerated. This includes sexual harassment on the job, and in the living environment. Prompt action shall be taken on the behalf of any member or employee who notifies the Central Level Affirmative Action Coordinator (CLAAC) or any Central Level Supervisor that such behavior/incident/situation has occurred. Appropriate corrective action will be taken if any member or employee is found to have sexually harassed any employee or member of the USCA.

Sexual harassment is unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment includes, but is not limited to, the following examples:

• Offering employment or membership benefits in exchange for sexual favors;
• Making or threatening reprisals after a negative response to sexual advances;
• Unwelcome or irrelevant comments, gestures, intrusive questioning, or other forms of personal attention that are perceived as sexual overtures or denigration;
• Making or using sexually derogatory comments, epithets, slurs, and jokes;
• Unwanted advances including sexual propositions, touching, patting, tickling, kissing, grabbing, impeding or blocking movements, or any other invasion of personal space;
• Advances of the type mentioned immediately above with threatened or implied sanctions, including physical or emotional violence, loss of job security, or public humiliation;
• Graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations;
• Leering, making sexual gestures, displaying sexually suggestive or derogatory objects, posters, cartoons or drawings; and
• Assault — any sexual intimacy that is coerced, accompanied or not by physical violence.

The USCA does not condone and will not tolerate any type of sexual harassment.

Any employee or member who sexually harasses another employee or member will be subject to disciplinary measures up to and including termination of employment or membership. Corrective actions/options may include advising, counseling and training.

All calls and complaints will be handled discreetly.

Employees or members who feel they have been or are being sexually harassed or have witnessed sexual harassment should inform their supervisor, a house-level official, the CLAAC, or any Central Level Supervisor at 848-1936.

Sexual Harassment Grievance Procedure

I. USCA Sexual Harassment Policy

The USCA does not condone and will not tolerate any type of sexual harassment. This includes sexual harassment on the job and in the living environment. Any member or employee who sexually harasses another member or employee will be subject to disciplinary measures. Prompt action up to and including termination of employment or membership, may be taken against any member or employee who sexually harasses any other member or employee.

II. Definition of Sexual Harassment

Sexual harassment is a form of discrimination that subjects its targets to unwanted sexual attention. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

A. Submission to such conduct is made either explicitly or implicitly a term or condition of residency or employment,

B. Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making personnel decisions affecting an individual, and/or

C. Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile or offensive environment.

In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record of the incident as a whole and to the totality of the circumstances, including the context in which the alleged incidents occurred.

III. Dissemination of Information

Take any member or employee/member’s complaint of sexual harassment seriously.

On a semesterly basis, the Member Resources department will:

A. Publish and post copies of the sexual harassment policy prominently in all living and work sites;

B. Notify all USCA staff, house and central level elected officers, and member resources staff of the sexual harassment policy itself, and their role as potential contact people for reports/grievances; and

C. Send written notification to all newly elected house officers detailing the sexual harassment policy and appropriate responses to reports.

IV. Documentation of Incident(s)

Document all necessary facts regarding the complaint. Be sure to get all of the facts including who, what, where, when, and how the conduct occurred. Names of persons who may have witnessed the conduct are helpful.

A. The USCA encourages members and employees to report instances of sexual harassment in order to promote a living and work place free of intimidation.

B. House level officials must forward any and all reports of sexual harassment directly to any one of the following central level personnel: the Central Level Affirmative Action Coordinator or any Central Level Supervisor.

C. The Central Level Affirmative Action Coordinator (the CLAAC), under the supervision of the Member Resources Supervisor, or the Member Resources Supervisor or the Operations Manager will advise house level officials of the appropriate options available in response to complaints and oversee the resolution of each complaint.

D. Mediation and complaint resolution resources must be explored, and if feasible, pursued so that there is an attempt to resolve the complaint as expeditiously and informally as possible. This requirement may be waived on a case-by-case basis by the fact finder/investigator.

E. Any individuals with potential conflicts of interest will be excused from the investigatory or decision-making roles, and if necessary Cabinet will designate a replacement(s).

F. People who have experienced or witnessed such conduct are encouraged but not required to document same, in writing, and to forward their report(s) to house level officers or central level personnel, as appropriate.

G. The USCA, will handle all complaints discreetly, and will maintain confidentiality to the greatest extent appropriate to the investigation and its resolution. We reserve the right to speak with members and staff who can be reasonably expected to have knowledge or information specific to the complaint.

H. In order for the USCA to respond efficiently, the following information should be submitted by the complainant. (It is helpful to put this in writing.)

1. Who is named as having engaged in the conduct;

2. Name of the complainant;

3. What specific behavior or comments occurred;

4. Where did it occur;

5. When did it occur;

6. What was the response at the time, if any, and

7. Names of witnesses, if any.

8. The following items may be taken into consideration as applicable:

a. Anonymous reports in writing;

b. Supporting documents from former employees/members, and/or

c. Reports regarding past patterns of behavior.

I. This documentation is to be forwarded immediately to the Member Resources Supervisor, the Operations Manager, or a designee of the General Manager, as appropriate.

V. Investigation

Investigate the claim thoroughly by trying to observe the conduct if possible, interviewing other employee/members when appropriate, and talking to the named harasser.

A. Fact finder/investigator to be one of the following: 1) the Member Resources Supervisor, or 2) the Operations Manager, or 3) a designee of the General Manager, as appropriate.

1. S/he is neutral (this person is not an advocate for either party).

2. Will conduct investigation.

a. Receive the written complaint.

b. Complaints have 60 days to be filed after the offending incident, or 30 days after mediation. The investigation will take no longer than 60 days from the time of submission of the complaint to the submission of the preliminary report to Cabinet. Cabinet will grant extensions on a case-by-case basis.

c. In a private, non-confrontational meeting, inform the alleged harasser that a complaint has been submitted and is under investigation in which they have been named. Interview him/her for his/her response to the complaint. And, inform him/her that the Member Advocate is available to assist him/her in responding to the complaint.

d. As appropriate to the particular circumstances, interview the named individuals and others who can be reasonably expected to have knowledge of specific events (the investigation will treat appropriately complaints where the parties are: member/member, staff/member, or staff/staff or where issues of supervision are involved).

e. Review independent documentation, as appropriate.

VI. Findings

Determine which facts tend to substantiate a complaint of sexual harassment.

A. The fact finder/investigator will make a preliminary finding based upon his/her investigation and s/he will:

1. Make a finding as to whether the alleged offense meets the definition of sexual harassment,

2. Determine whether there is sufficient evidence to substantiate the claim of sexual harassment,

3. Present the preliminary report to Cabinet, the Central Level Affirmative Action Coordinator and the USCA General Manager,

4. Notify complainant, respondent, and the Central Level Affirmative Action Coordinator of his/her finding, and

5. Advise both parties that their written responses, if any, must be turned in within three (3) working days and will be forwarded to the Cabinet and the USCA General Manager for review.

B. After Cabinet with the USCA General Manager, as a voting member, accept the preliminary findings, the findings become official.

VII. Resolution

Determine the appropriate action.

A. Fact finder/investigator will also recommend appropriate action for mediation/resolution of the complaint, which must be forwarded in writing to both Cabinet and the USCA General Manager, for review.

1. The Cabinet with the USCA General Manager, as a voting member, may accept these recommendations or offer their own.

B. The resolution of a complaint of sexual harassment may take a number of forms depending upon the severity of the incident and the parties involved. These might include any one or combination of the following:

1. Confidential written reprimand,

2. Transfer from one living unit to another,

3. Loss of elected position,

4. Termination of employment,

5. Termination of membership (eviction),

6. Recommendation for counseling, mediation, and/or

7. Referral to state or local agencies as appropriate.

C. The USCA General Manager, or his/her designee, is charged with ensuring that the recommendation(s) are implemented.

D. The respondent will have three (3) working days to submit a written appeal to Cabinet. No personal appeals will be allowed. Only in the case of a termination of membership may an appeal go to the Board of Directors. At the Board of Directors, the Member Advocate shall present the case and answer any questions on behalf of the appellant. The Central Level Affirmative Action Coordinator shall present the Cabinet’s decision and reasoning behind that decision. Confidentiality and anonymity must be preserved to protect both the complainant and the respondent. Decisions shall be based upon factual information and not on personalities.

E. All documentation and reports presented to Cabinet and to the Board of Directors shall not contain the names of individuals, which would permit identification. The USCA General Manager will keep official findings and recommendations, which identify individuals, as confidential records.

VIII. Addendum

A. The USCA is a private, non-profit housing cooperative. As an employer, we are subject to all federal and state regulations regarding sexual harassment in the workplace. As a housing provider it is our goal to maintain a living environment for our members that is free from sexual harassment. It is the responsibility of all members to educate themselves about sexual harassment and to cease any sexually oriented behavior that is brought to their attention as unwelcome.

B. The University Students’ Cooperative Association retains the right to cancel the contract of any member who has been found to have committed acts of sexual harassment. Note that failure to prevent the occurrence(s) of sexual harassment is not grounds for automatic contract cancellation without monetary penalty.

Italicized statements within the text are the overall goals of that particular portion of the procedure.