CONNECTICUT STATE UNIVERSITY
SYSTEM POLICY REGARDING PERSONS WITH
DISABILITIES:
The Board of Trustees for the Connecticut State
University System affirms its policy of nondiscrimination against all persons
protected by all state and federal laws, regulations and executive orders. This
policy of nondiscrimination commits the Connecticut State University System
(CSU) to achieve equal employment opportunity and full participation for
employees with disabilities. It is the Board's policy that no qualified person
be excluded from consideration for employment, participation in any university
or System Office program or activity, be denied the benefits of any university
program or activity, or otherwise be subjected to discrimination with regard to
any program or activity. This policy derives from CSU's commitment to
nondiscrimination for all persons in employment, academic programs, and access
to facilities, programs, activities, and services.
Existing barriers, whether physical, programmatic or
attitudinal must be addressed. A person with a disability must be afforded equal
employment opportunity as outlined in federal law, specifically the
rehabilitation Act of 1973 including the section 504 and the Americans with
Disabilities Act of 1990, as well as specific state laws on nondiscrimination
found in the Connecticut General Statues and State Executive Orders 18, 11, and
9.
The ADA requires reasonable accommodation in all
aspects of the employment process including application, performance of duties
and benefits and privileges of employment. CSU's efforts to accommodate people
with disabilities must be measured against the goal of full participation and
integration. Services and programs to promote these benefits for people with
disabilities shall complement and support, but not duplicate, each university's
regular services and programs. In keeping with CSU's commitment to equal
employment opportunity, each university will make reasonable accommodation for
the known physical and mental limitations of otherwise qualified applicants and
employees within the provisions of the prevailing state and federal
statutes.
An employee with a disability seeking a reasonable
accommodation should contact the university or System Office Affirmative Action
Officer to determine the appropriate process for review of the
request.
Achieving full participation and integration of
people with disabilities requires the cooperative efforts of all of university
and System Office departments, offices, and personnel. Each university and the
System Office shall periodically review its compliance with this policy as part
of its commitment to nondiscrimination.
The Connecticut State University System regarding
Persons with Disabilities shall be made available to all employees and shall be
posted prominently in meeting rooms used for university and related business
meetings and on bulletin boards located in common areas which are readily
accessible, on a daily basis, to Connecticut State University System employees
and visitors.
CONNECTICUT STATE UNIVERSITY SYSTEM SEXUAL
HARASSMENT POLICY
SECTION 1. PURPOSE
The Connecticut State University System reaffirms
and emphasizes its commitment to maintain a workplace and educational
environment free from sexual harassment. Sexual harassment is reprehensible and
subverts the mission of the university and will not be tolerated at the
Connecticut State University System. It threatens the careers of employees,
faculty and staff, and the educational experience of our students. The purpose
of this policy is to prevent sexual harassment and to offer students and
employees who believe they have been sexually harassed a means to redress any
such claim with the goal of ending the harassment and providing an environment
conducive to learning and working. Retaliation against an individual who
complains about sexual harassment or who cooperates with an investigation of a
complaint is unlawful and, if found to have occurred, will not be
tolerated.
SECTION 2. STATUTORY AUTHORITY
Sexual harassment is prohibited by Title IX of the
Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section
46a-60 of the General Statutes of Connecticut and University policy. It is the
intention of the CSU to take whatever appropriate action may be needed to
prevent, correct, and if necessary, discipline behavior that violates this
policy.
SECTION 3. POLICY STATEMENT
All members of the CSU community shall conduct
themselves in an appropriate manner with concern, dignity and respect for
others. The CSU community includes students, employees, and non-employees when
they conduct business on CSU property.
Sexual harassment may occur between staff and staff,
staff and student, or student and student. Complaints of sexual harassment
within the Connecticut State University System will be taken seriously and
investigated. Any member of the CSU community who violates this policy is
subject to the full range of disciplinary action. Sexual harassment, in some
instances, need not be intentional to violate this policy.
In the event of a charge of sexual harassment, a
defense based upon consent will be given little weight when the facts establish
an employee/student or supervisor/employee relationship existed. Since any
significant power differential between members of the CSU community makes
voluntary consent questionable, members of the faculty and staff are expected to
be aware of their professional responsibilities and avoid apparent or actual
conflict of interest.
An individual with a complaint concerning sexual
harassment has a right to be heard. By means of these procedures, the CSU
ensures an opportunity for an individual (Complainant), without fear of
retaliation, to express a complaint and to seek a prompt and equitable
resolution while protecting the rights of the person against whom the complaint
has been filed. (Respondent). These procedures shall be available to any person
who, at the time of the act complained of, was an employee, student, or
applicant for employment or admission to the Connecticut State University
System.
SECTION 4. DEFINITION OF SEXUAL
HARASSMENT
"Any unwelcome sexual advance or requests for sexual
favors or any conduct of a sexual nature when (1) submission to such conduct is
made either explicitly or implicitly a term or condition of an individual's
employment, (2) submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such individual, or (3)
such conduct has the purpose or affect of substantially interfering with an
individual's work or academic performance or creating an intimidating, hostile,
or offensive working environment." In an academic setting, sexual harassment
would also include any unwelcome sexual advances or requests for sexual favors
or any conduct of a sexual nature when submission to or rejection of such
conduct by an individual might affect academic or personal decisions that are
subject to the influence of the person making the proposal.
The law currently recognizes two forms of sexual
harassment:
1. Quid Pro Quo
Unwelcome sexual advances, request for sexual favors
and other verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made wither
explicitly or implicitly a term or condition of an individual's academic work or
employment; or
b. Submission to or rejection of such conduct by an
individual is used as the basis of employment or academic decisions affecting
such individuals; and
2. Hostile Environment
a. Such contact affects or interferes with an
individual's work or academic performance or creates an intimidating, hostile or
offensive academic or working environment. Hostile environment sexual harassment
involves speech or conduct that is directed at someone because of their gender
and/or is conduct of a sexual nature. Such speech or conduct includes but is not
limited to unwelcome sexual advances, requests for sexual favors and other
verbal or physical conduct or a sexual nature.
b. Such speech or conduct is reasonably regarded as
offensive and substantially impairs the academic or work opportunity of
students, colleagues or co-workers. This policy shall not be interpreted so as
to constitute interference with academic freedom.
3. Gender Harassment
a. Gender harassment is a form of sexual harassment,
which consists of discriminatory behavior towards an individual based on gender.
It includes the use of sexist language, illustrations, examples and gestures
that demonstrate discriminatory behavior. Sexually related conduct forms the
basis of a sexual harassment claim if a reasonable person of the same gender
would consider the actions sufficient to interfere unreasonably with the
academic and/or employment performance of the
Complainant.
SECTION 5. EXAMPLES OF SEXUAL
HARASSMENT
While it is not possible to list all conduct which
may constitute sexual harassment, the following are some examples of conduct
which may constitute sexual harassment depending upon the totality of the
circumstances, including the severity of the conduct and its pervasiveness.
Examples of sexual harassment may include but is not limited to:
1. Direct or unwanted proposition of a sexual
nature.
2. Direct or implied threats that submission to
sexual advances is a condition of employment, promotion, or advancement in
grades, letters of recommendation, scholarships, or any related
matter.
3. A pattern of conduct intentionally intended
and/or which has the effect of humiliating another that includes examples of the
following: comments of a sexual nature, sexually explicit statements, questions,
anecdotes, jokes, pictures, or other written materials.
4. A pattern of conduct that would humiliate another
(using the reasonable person standard) which would include the following:
Unnecessary touching, patting, hugging, or brushing against another's body,
remarks of a sexual nature about a person's clothing or body, or remarks about
sexual activity or speculations about sexual experiences.
SECTION 6. CONFIDENTIALITY
The Connecticut State University System is committed
to taking corrective action when it becomes aware of a problem involving sexual
harassment. Individuals are strongly encouraged to come forward with complaints
regarding sexual harassment and to seek assistance from CSU officials. The CSU
System cannot insure confidentiality upon receipt of a complainant of sexual
harassment; however, dissemination of information relating to the case should be
limited, in order that the privacy of all individuals involved is safeguarded as
fully as possible to the extent permitted by law. The CSU System will enforce
compliance with the non-retaliation provisions of this policy. A university or
the System Office may proceed to investigate a complaint without the consent of
the individual who originally filed the complaint.
The Student Affairs offices, Counseling Services or
Women's Centers are available to provide assistance or referrals for individuals
on the various CSU campuses who have complaints about sexual harassment. The
designated administrators, counselors or staff members will support an
individual with a concern regarding alleged sexual harassment to file a sexual
harassment complaint but will, to the extent permitted by law, upon the
individual's request, maintain the confidentiality of the information provided
to the counselor.
SECTION 8. COMPLAINT PROCEDURES
The Connecticut State University System is committed
to take reasonable care to prevent and correct any sexually harassing behavior
or other forms of unlawful discrimination at the System Office and on its four
university campuses. Complaints alleging a violation of this policy shall be
resolved through established discrimination and sexual harassment procedures at
each university and the System Office. Procedures for the handling of complaints
involving claims of discrimination or sexual harassment are available through
the Affirmative Action Officer at the university and the System Office. These
procedures will allow for an informal resolution of the complaint. If the
informal process is unsuccessful or if the Complainant wishes to bypass the
informal process, he/she may file a formal complaint. Complaints should be
lodged as soon as possible after the alleged incident, but not later than 180
days after said incident.
SECTION 9. ALTERNATIVE LEGAL
REMEDIES
Nothing contained in the Policy is intended to deny
any member of the Connecticut State University community the right to pursue
other avenues of recourse in the event he/she believes that he/she has
experienced sexual harassment. Such recourse may include filing charges with a
state or federal enforcement agency, or initiating civil or criminal action
under state and federal law.
SECTION 10. DISSEMINATION OF
POLICY
This Policy shall be conspicuously posted in the
System Office. Each university shall ensure its dissemination in accordance with
established practice. This policy shall appear in the student handbook and
faculty handbook and shall be reviewed periodically for compliance with state
and federal law.
FOR FURTHER INFORMATION ABOUT THIS POLICY OR
INFORMATION REGARDING THE PROCESS FOR FILING A COMPLAINT, CONTACT THE
AFFIRMATIVE ACTION DIRECTOR.