INTERACTING WITH STUDENTS Sexual Harassment, Students In Crisis, & University Policies Bethany J. McCraw Associate Dean for Judicial & Legal Student Services

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

Sexual Harassment Title VII of the Civil Rights Act of 1964 addresses sex discrimination (which includes sexual harassment) in the work environment. Title IX of the Education Amendments of 1972 addresses sex discrimination in the educational environment. These laws can overlap in an educational environment especially when students are employees.

Sexual Harassment As a graduate teaching assistant, you are considered: A student A student An employee An employee An instructor An instructor As a graduate research assistant, you are considered: A student A student An employee An employee

Policy on Sexual Harassment Sexual harassment is unlawful discrimination prohibited by Baylor’s Civil Rights Policy “Sexual harassment is considered discrimination on the basis of gender and can constitute unlawful discrimination in the terms, conditions, and privileges of education or employment. Such harassment is not tolerated at Baylor University and may violate federal and state law.”

Policy on Sexual Harassment Sexual harassment is unlawful discrimination prohibited by Baylor’s Civil Rights Policy “Sexual harassment is considered discrimination on the basis of gender and can constitute unlawful discrimination in the terms, conditions, and privileges of education or employment. Such harassment is not tolerated at Baylor University and may violate federal and state law.” Baylor can take disciplinary action for inappropriate behavior even if it is not at the legal level of sexual harassment. We have a higher standard at Baylor.

Policy on Sexual Harassment What is sexual harassment?

Policy on Sexual Harassment “Sexual harassment is a form of gender harassment based upon conduct of a sexual nature. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education.submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education. submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual, orsubmission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or an offensive working or educational environment.”such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or an offensive working or educational environment.”

Policy on Sexual Harassment “Sexual harassment is a form of gender harassment based upon conduct of a sexual nature. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education.submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education. submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual, orsubmission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or an offensive working or educational environment.”such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or an offensive working or educational environment.”

Policy on Sexual Harassment The definition of sexual harassment includes two different concepts: (1) Quid pro quo (Latin phrase meaning “something for something”) and (2) Hostile environment.

Policy on Sexual Harassment Quid pro quo sexual harassment contemplates an exchange, or just an explicit or implicit offer of an exchange, of sexual favors for employment or educational privileges, rights or benefits. It would be sexual harassment for a professor or graduate teaching assistant to offer a student the grade of “A” in exchange for sexual favors from the student. It would be sexual harassment for a supervisor to offer an employee a pay raise in exchange for sexual favors from the employee.

Policy on Sexual Harassment Hostile environment sexual harassment contemplates unwelcome sexual conduct that is sufficiently severe or pervasive enough to alter the employment or educational environment. It may be sexual harassment if a professor or graduate teaching assistant engages in a pattern of sexual comments (not legitimately related to the subject matter being taught) intended to discomfort or humiliate a student.

Policy on Sexual Harassment Hostile environment sexual harassment contemplates unwelcome sexual conduct that is sufficiently severe or pervasive enough to alter the employment or educational environment. It may be sexual harassment for a supervisor to engage in a pattern of sexual comments, such as inquiries into sexual activity or sexual behavior, that would interfere with the working environment of a reasonable employee.

Policy on Sexual Harassment Hostile environment sexual harassment contemplates unwelcome sexual conduct that is sufficiently severe or pervasive enough to alter the employment or educational environment. Whether or not such sexual conduct is sexual harassment depends on such factors as the nature of the conduct, the frequency of such conduct, and whether or not the conduct was welcomed. sexual conduct Conduct or Behavior “of a Sexual Nature”

Policy on Sexual Harassment Conduct or Behavior “of a Sexual Nature” Verbal Conduct Remarks about physical characteristics (e.g. comments about body parts) Remarks about attractiveness or appearance (e.g. “That outfit looks sexy.”) Remarks about sexual activity (e.g. discussion of dating, sex lives, preferences) Sexual jokes Sexual propositions (of any type)

Policy on Sexual Harassment Conduct or Behavior “of a Sexual Nature” Non-Verbal Conduct Suggestive or insulting noises Leering Whistling Gazing Making obscene gestures

Policy on Sexual Harassment Conduct or Behavior “of a Sexual Nature” Physical Conduct Touching – any part of another’s body – especially in a suggestive manner Hand holding Pinching / grabbing Back rubs or “shoulder massages” Brushing up against another person

Policy on Sexual Harassment Conduct or Behavior “of a Sexual Nature” Written (Including Electronic Communication) Love notes or letters (blogs) Suggestive comments on memos or paperwork Graffiti Sharing jokes of a sexual nature

Policy on Sexual Harassment Conduct or Behavior “of a Sexual Nature” Visual Explicit pictures (e.g. Playboy, pin-ups) Explicit films

Policy on Sexual Harassment Is timeliness of a complaint of sexual harassment important? Complaints of sexual harassment (as well as other complaints under the Civil Rights Policy) should be made immediately after the alleged act of harassment has occurred in order to minimize any impairment of the employment or educational environment.

Policy on Sexual Harassment Is timeliness of a complaint of sexual harassment important? As a graduate teaching or research assistant, if you witness sexual harassment, or you are a victim of sexual harassment, you should report it to your supervisor immediately.

Policy on Sexual Harassment Is timeliness of a complaint of sexual harassment important? And if you witness a student in your class or lab sexually harassing another student, please report it to either your supervisor or to the Judicial Affairs office. Institutions of higher education are usually not held responsible for the actions of a student harassing another student, but rather for its own discrimination in failing to act and permitting the harassment to continue once a school official knew that it was happening.

Policy on Sexual Harassment One final note: The courts have made it clear that academic freedom in the classroom does not give you the freedom to say whatever you want when related to sexually harassing language or behavior. At Baylor, “freedom of expression” should never be confused with the freedom to not be civil or the freedom to be crude.

Sexual Harassment Baylor University’s Policy on Sexual Harassment removes all doubt as to what applies at our institution. This policy is part of the University’s Policy on Civil Rights.

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

Policy on Threats or Harm to Self or Others Baylor University is concerned about the well-being of all students. Any behavior, including non- privileged verbal statements, that tend to demonstrate an intent or desire of a student to inflict harm upon himself/herself or another is considered a serious matter.

Policy on Threats or Harm to Self or Others If you observe, or have knowledge of, a student a. stating an intent or desire to harm himself/herself or another, or b. attempting to harm himself/herself or another, or c. in the process of harming himself/herself or another You should call Baylor DPS ( ) or 911 immediately.

Policy on Threats or Harm to Self or Others The Baylor Counseling Center has counselors on call 24 hours a day. Baylor DPS officers will attempt to locate the student to assess whether or not the student needs immediate medical attention or if a counselor should be contacted. If a counselor is contacted, he/she will speak with the student to determine whether or not the student is still at risk of hurting him/herself or hurting another.

Policy on Threats or Harm to Self or Others Watch for information regarding the upcoming Student Mental Health Summit September 12 th and 20 th 6:00 to 8:00 p.m. Barfield Drawing Room Bill Daniel Student Center

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

Classroom Conduct “The professor in the classroom and in conference is expected to encourage free discussion, inquiry, and expression, with student performance evaluated solely on academic standards.” “Opinions or conduct of students in matters unrelated to academic standards should not influence the determination of grades.” “Students have the responsibility to fulfill standards set by the University community for courses and degree programs.”

Classroom Conduct “Members of the University community are expected to protect freedom of expression and are prohibited from improper academic evaluation and improper disclosure of student views, beliefs, and political associations or any of the restrictions listed in the University nondiscrimination policy.”

Classroom Conduct “Students are expected to conduct themselves in a mature manner that does not distract from or disrupt the educational pursuits of others.” “Should a professor determine that a student’s conduct is distracting or disruptive, the professor may impose the student’s immediate removal from the classroom until the student can conduct himself or herself in an appropriate manner.” “If the professor is unable to obtain the cooperation of the student, the student may be referred for disciplinary action.”

The Mission of Baylor University “The mission of Baylor University is to educate men and women for worldwide leadership and service by integrating academic excellence and Christian commitment within a caring community.”

General Expectations “It is expected that each Baylor student will conduct himself or herself in accordance with Christian principles as commonly perceived by Texas Baptists. Personal misconduct either on or off the campus by anyone connected with Baylor detracts from the Christian witness Baylor strives to present to the world and hinders full accomplishment of the mission of the University.”

General Expectations As used in the Student Disciplinary Procedure, the term misconduct refers to personal behavior on or off campus that 1.interferes with Baylor's pursuit of its educational and Christian objectives, 2.fails to exhibit a regard for the rights of others, 3.shows disrespect for the safety of persons and property, and/or 4.violates, or attempts to violate, university rules, regulations, and policies or violates, or attempts to violate, local, state, federal, or international laws.

Classroom Conduct If you have a problem with a student in a class or a lab, be sure to DOCUMENT! Record the date of the incident A description of the incident What you did to address the situation Inform your supervisor Clearly state your expectations for the class or lab at the beginning of the semester. (e.g. cell phones in class)

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

Academic Appeals Policy “Any student who believes a Baylor faculty member has treated him or her unfairly with respect to a course for which the student was registered may complain of such alleged unfair treatment involving students’ academic work.” (Does not include Honor Code violations) What gets universities in trouble is when they don’t follow their printed policies.

Honor Code The Honor Council has exclusive jurisdiction over all matters involving dishonorable conduct that are not resolved between the student and the faculty member in whose class the incident occurred. All violations of the Honor Code must be reported to the Office of Academic Integrity.

Honor Code

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

1.Sexual Harassment 2.Students in Crisis 3.Classroom Conduct 4.Academic Appeals / Honor Code 5.Student Records

Student Records A student’s educational records are protected by the Family Educational Rights and Privacy Act (FERPA). When a student enters a postsecondary institution, the student becomes sole possessor of his/her educational records. An educational record is any record maintained on a student that can be accessed by others (this includes s). An institution of higher education may not disclose personally identifiable information from the educational records of one of its students without the written consent of the student.

Student Records A student’s educational records are protected by the Family Educational Rights and Privacy Act (FERPA). For Cases When Prior Consent For Disclosure Is Not Required, refer to Baylor’s policy.

Student Records

Student Policies and Procedures

Civil Rights Policy Policy on Sexual Harassment Policy on Sexual Misconduct Policy on Threats or Harm to Self or Others Academic Appeals Process Honor Code Classroom Conduct Student Disciplinary Procedure

I Hope You Have a Great Semester! BAYLORUNIVERSITY Bethany J. McCraw Associate Dean for Judicial & Legal Student Services Judicial Affairs Office