2006-2007 Student Handbook - University of the Incarnate Word

Retaliation.The university will sanction a faculty, student or staff member who harasses or intimidates a personbecause of the person’s participation in an investigation of discrimination or sexual misconduct.Harassment or intimidation includes but is not limited to threats or actual violence against the personor their property, adverse educational or employment consequences, ridicule, taunting, bullying orostracism.Section 24Free Speech and HarassmentHarassment is a type of discrimination prohibited by college policy and by federal laws such as Title VIIand Title IX. UIW affirms every individual’s right to freedom of expression, and fosters the culture oftolerance and civility that is necessary for the accomplishment of its educational goals. The academicfreedom of an educational institution can create a tension with the prohibition of harassing behaviors. UIWis a community that values freedom of speech and expression. As conveyed by the Constitution, theserights have limitations, and the same is true here. Limitations on free speech include endangering someone,or threatening them, inciting violence, using “fighting words” directed at an individual or group thatdirectly provoke violence, defamation, obscenity, and discrimination that limits someone’s educational oremployment access and/or opportunities. UIW does not consider visual and/or aural demonstrations,depictions or conduct to be sexual harassment when there is a legitimate pedagogical context, such asmaterial having an appropriate connection to course subject matter, or campus discourse on topics ofpolitical, artistic or social issues.Examples of HarassmentNot all workplace or educational conduct that may be described as “harassment” affects the terms,conditions or privileges of employment or education. For example, a mere utterance of an ethnic, genderbasedor racial epithet which creates offensive feelings in an employee or student would not normally affectthe terms and conditions of their employment or education.• A professor insists that a student have sex with him/her in exchange for a good grade. This isharassment regardless of whether the student accedes to the request.• A student repeatedly sends sexually oriented jokes around on an email list s/he created, even when askedto stop, causing one recipient to avoid the sender on campus and in the residence hall in which they bothlive.This sexual harassment policy incorporates language suggested by Tom Trager, Associate Counsel tothe University of Colorado, Boulder, and Brett Sokolow, from NCHERM.1. Non-Consensual Sexual Intercourse:• Consensual Sexual Intercourse is any sexual intercourse (anal, oral, or vaginal)-however slightwith any object, by a man or woman upon a man or a woman, without effective consent2. Non-Consensual Sexual Contact:• Non-Consensual Sexual Contact is any intentional sexual touching, however slight,with any object,by a man or a woman upon a man or a woman without effective consent.Effective consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent.Effective consent can be given by words or actions, as long as those words or actions create mutuallyunderstandable permission regarding the conditions of sexual activity—who, what, when, where, why andhow sexual activity will take place. In order to be effective, consent cannot be procured by use of physicalforce, compelling threats, intimidating behavior, or coercion. Coercive behavior differs from seductive82