“Our new local Procedures For Responding To Reports Of Sexual Harassment designate
supervisors, faculty and other staff members as mandated reporters of sexual harassment
complaints.”
http://www.policy.ucsb.edu/InterimSHProcedures.pdf.
When harassment is alleged, the initial response is of the utmost importance as
it can color the remainder of the process. Attempts to minimize the conduct of the
alleged harasser, while a natural response to the discomfort of being asked to deal
with an unpleasant situation, are not appropriate when the charge is sexual harassment.
As the Supreme Court made clear in Davis v. Monroe County Board of Education (1998),
a school ignores an allegation of harassment at its peril. The standard set in Davis
- that displaying "deliberate indifference" to a complainant can make the school
liable to the student complaining of harassment-makes it imperative to react promptly.
The Davis standard makes it clear that schools should review their anti-harassment
policies before problems arise. A policy should define sexual harassment clearly
and spell out procedures for reporting and handling complaints. The goal is to ensure
that faculty, staff, and students know what to do if harassment occurs, and will
be able to follow the procedures outlined when a problem arises.
In order for faculty, staff, and students to respond appropriately if harassment
occurs, training is essential. Students should understand what behaviors qualify
as harassment, and whom they should contact if they need to complain about any harassment
they experience or witness. Faculty and staff should be trained in the same way.
Below are tips on that initial response, culled from the Educator's Guide to Controlling
Sexual Harassment:
- Take the report seriously. Assure the person that the complaint or problem
is being taken seriously and that the institution will respond to the problem promptly.
- Listen, sympathize, but don't judge. Listen to what the person has to
say, sympathize, but make no judgment or commitment regarding the allegations or
how the investigation will be conducted. Do assure the person that the institution
takes sexual harassment seriously and will not tolerate it.
- Don't delay. If you are not the individual designated to process sexual
harassment complaints, tell the complainant who is responsible and offer to help
contact that person. At UCSB, the appropriate people to contact would be a sexual
harassment advisor and/or Paula Rudolph, the sexual harassment complaint resolution
officer. If that person is not immediately available, tell the complainant you will
follow through immediately after this interview. Then do it as soon as possible.
Delays of even a few days can make investigations difficult or send a signal to
the complainant that the institution is not taking the complaint or problem seriously.
- Respond to concerns. If the complainant expresses or indicates fear,
assure the person that the institution will do everything in its power to ensure
confidentiality (but make no promises), prevent retaliation, and stop further harassment.
If you are not the appropriate person to process a complaint, assure the complainant
that his/her questions will be answered by the appropriate person.
- Document. Write a detailed summary of what the complainant told you,
including your observations of the person's demeanor. Include what you suggested
to the complainant or what the complainant has already decided to do about his/her
complaint.
- Follow up on the complaint. Check with the complainant the next day to ensure
that s/he is getting needed assistance. It is also sometimes helpful to offer to
go with the complainant to see a sexual harassment advisor or the complaint resolution
officer.
To read the UC SYSTEMWIDE Sexual Harassment policy:
http://www.ucop.edu/ucophome/coordrev/policy/PP121404policy.pdf