Sexual Harassment and Misconduct Policy (non-Title IX)
Policies Americans with Disabilities Act Policy Animals on Campus Policy Affirmative Action - Equal Opportunity Policy Sexual Harassment and Misconduct Policy (Employees) Preferred Name Policy Sexual Misconduct Policy (Title IX)
Access the Full Sexual Harassment and Misconduct Policy (Employees) Policy in the WCU Policy Library
Accommodations for individuals with disabilities in accessing these policies are available upon request by emailing accessiblepolicy@wcupa.edu.
Purpose and Scope
West Chester University (WCU) is committed to equality of opportunity and freedom from unlawful discrimination for all its students and employees. Sexual harassment/misconduct is a form of unlawful discrimination based on sex and will not be tolerated in any form by faculty, staff, students, contractors, or vendors. The definitions and procedures outlined in this policy will be followed when a non-student brings allegations of sexual harassment or misconduct against a non-student respondent. When a student is the complainant or respondent, the procedures in the Sexual Misconduct Policy will be followed.
Definitions
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other harassing conduct of a sexual nature. Sexual harassment occurs when:
- Submission to the unwelcome conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual's employment or status in a course, program, or activity;
- Submission to or rejection of the unwelcome conduct of a sexual nature by an individual is used as the basis for an academic or employment related decision affecting such an individual;
- The unwelcome conduct of a sexual nature is sufficiently severe, persistent, or pervasive as to substantially limit or interfere with an individual's work, educational performance, participation in extra-curricular activities, or equal access to the University's resources and opportunities; or
- Such conduct creates an intimidating, hostile, or abusive living, working, or educational environment.
Sexual violence or misconduct is a form of sexual harassment. Sexual misconduct includes Regulatory and Non-Regulatory Dating Violence, Regulatory and Non-Regulatory Domestic Violence, Regulatory and Non-Regulatory Sexual Assault, Regulatory and Non-Regulatory Stalking, and Sexual Exploitation. For complete and current definitions on these terms, please see the full Sexual Misconduct Policy .
Policy Statement
It is a violation of policy for any member of the University community to engage in sexual harassment/misconduct, or to take retaliatory action against an individual for reporting sexual harassment/misconduct. Consequences of sexual harassment/misconduct may include termination of the relationship with the University. Retaliatory actions against persons filing a complaint of sexual harassment/misconduct, opposing sexual harassment/misconduct, or participating in the investigation of a complaint, are also prohibited. Acts of retaliation shall constitute misconduct subject to disciplinary action and should be reported to the Director of Equal Opportunity and Compliance.
All members of the University community are responsible for ensuring that their conduct does not sexually harass any other member of the University community.
This policy is not intended to interfere with the protections afforded by law to freedom of speech. Additional information, including additional examples of what constitutes sexual harassment/misconduct, is available from the Office of Equal Opportunity and Compliance (EQOC).
Policy Framework
Training Requirements
All employees in a supervisory role should attend (in person or virtual) harassment/misconduct prevention training with the Office of EQOC every two years.
Reporting requirements
Any individual having information about a member of the University community engaging in a specific act or a pattern of behavior which falls within the above definition of sexual harassment/misconduct must report the matter to the Director of EQOC.
University employees, except those identified in the Sexual Misconduct Policy as employees who serve in a role that makes such reports privileged or are recognized as providing a confidential resource, are required to provide the name of the recipient of any sexually harassing behavior to the Director of EQOC.
Supervisors of faculty and staff have the further responsibility of preventing and eliminating sexual harassment/misconduct within the areas of their authority. If supervisors have information about alleged acts of sexual harassment/misconduct by someone whom they supervise, they must take immediate steps to ensure the matter is addressed and brought to the attention of the Director of EQOC. Failure by supervisors to report the alleged acts of sexual harassment/misconduct may result in disciplinary proceedings. If a manager addresses an issue with an employee which may reference sexually harassing behavior or misconduct, the Director of EQOC should be notified.
Faculty members and staff employees are required to inform the Director of EQOC whenever they become aware of behavior they believe to be sexual harassment/misconduct.