Chapter 3341-4 [Rescinded] Harrassment

3341-4-01 Anti-harrassment.

(A) Policy statement and purpose

This policy is intended to educate the university community on the types of discriminatory harassment that will not be tolerated at Bowling Green state university.

(B) Policy

Bowling Green state university strives to provide an environment that is free of harassment. The university's policy against discriminatory harassment applies to all faculty, students, staff, contractors, and vendors. The policy covers harassment based on sex, gender identity, genetic information, gender expression, sexual orientation, race, color, religion, ancestry, national origin, marital status, disability, pregnancy, age, military status and status as a special disabled or Vietnam-era veteran. Sexual harassment is the subject of a separate policy. Members of the university community should bring problems or questions regarding discriminatory harassment to the attention of the office of equity and diversity.

Date: January 1. 2014

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-4-02 Equal education opportunity.

(A) Policy statement and purpose

This policy sets forth the expectations and responsibilities for maintaining an educational environment free of unlawful discrimination and harassment.

(B) Policy

Bowling Green state university is committed to providing faculty, staff, and students with an environment where they may pursue their careers or studies free from discrimination. The office of equity and diversity is responsible for administering the university's equal opportunity and anti- harassment policies. The office exists, in part, to ensure that all members of the university community understand their responsibility to create and maintain an environment free from discrimination and harassment.

The university pledges itself to the broad application of the Civil Rights Act of 1964, as amended, in particular Titles VI and VII, Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112, of the Ohio Revised Code.

(C) Bowling Green state university is committed to providing equal educational opportunity. The university provides access to educational programs and activities without regard to race, sex, gender identity, genetic information, gender expression, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, pregnancy, military status, or status as a special disabled or Vietnam-era veteran. The policy with respect to sexual orientation does not apply to the university's relationships with outside organizations, including the federal government, the military, and ROTC. The office of equity and diversity is responsible for equal educational opportunity compliance.

(D) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of equity & diversity. Investigations will be handled on an individual, case-by-case, basis considering the complete record and all relevant circumstances. Investigations will be conducted as fairly and expeditiously as possible assuring confidentiality for both the complainant and the respondent to the extent possible. Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

Date: January 1, 2014

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-4-03 Equal employment opportunity.

(A) Policy statement and purpose

This policy sets forth the expectations and responsibilities for maintaining an employment environment free of unlawful discrimination and harassment.

(B) Policy

Bowling Green state university is committed to providing faculty, staff, and students with an environment where they may pursue their careers or studies free from discrimination. The office of equity and diversity is responsible for administering the university's equal opportunity and anti- harassment policies. The office exists, in part, to ensure that all members of the university community understand their responsibility to create and maintain an environment free from discrimination and harassment.

The university pledges itself to the broad application of the Civil Rights Act of 1964, as amended, in particular Titles VI and VII, Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112, of the Ohio Revised Code.

(C) Bowling Green state university is committed to providing equal employment

opportunity. The university prohibits discrimination against employees and applicants for employment on the basis of race, sex, gender identity, genetic information, gender expression, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, pregnancy, military status, or status as a Special Disabled or Vietnam-era veteran. The office of equity and diversity is responsible for equal employment opportunity compliance.

(D) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of equity and diversity. Investigations will be handled on an individual, case-by-case, basis considering the complete record and all relevant circumstances. Investigations will be conducted as fairly and expeditiously as possible assuring confidentiality for both the complainant and the respondent to the extent possible. Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

Date: January 1, 2014

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-4-04 Racial and ethnic harassment.

(A) Policy statement and purpose

The policy of Bowling Green state university is that racial and ethnic harassment will not be condoned. Moreover, the university will use its influence and encourage the community-at-large to treat its students, faculty and staff and affiliated visitors in a manner consistent with the principles of this policy. The policy is in keeping with the spirit and intent of federal, state, municipal and university guidelines governing racial discrimination.

(B) Policy

(1) Definition

Racial and ethnic harassment constitutes any physical or verbal behavior that subjects an individual to an intimidating, hostile or offensive educational, employment or living environment. Such harassment:

(a) Denigrates or stereotypes an individual because of his or her racial or ethnic affiliation;

(b) Demeans or slurs an individual through pictorial illustrations, graffiti or written documents or material because of his or her racial or ethnic affiliation;

(c) Makes unwarranted and disparaging references or innuendos in attributing an individual's personal conduct, habit or lifestyle to his or her racial or ethnic affiliation.

(2) Regulations

(a) It is a violation of university policy and the Student jfcode for any member of the faculty, administrative and classified staff or student body to engage in harassment.

(b) It is a violation of university policy to retaliate against anyone bringing forth an honestly perceived complaint of racial or ethnic harassment.

(3) Responsibilities

(a) On a university-wide basis, the office of equity & diversity is responsible for the coordination and implementation of Bowling Green state university's racial and ethnic harassment policy. This office will serve as the resource with regard to all matters of this nature.

(b) Each dean, director, department chair, and administrative head of an operational unit is responsible for the dissemination and implementation of this policy within his or her area of responsibility. Persons at this level are also responsible for referring reported incidents of racial and ethnic harassment to the office of equity and diversity.

(c) It is expected that each faculty member, administrative staff member and classified staff member will ensure adherence to this policy within his or her area of responsibility. Such efforts are largely a matter of good faith.

(d) It is the responsibility of all members of the university community to discourage harassment, report such incidents and cooperate in any investigation that might result.

(4) Principles

(a) In investigating complaints of unlawful racial or ethnic harassment, the following principles will be adhered to:

(i) Each complaint will be handled on an individual, case-by-case basis, taking a look at the record as a whole and at the totality of circumstances.

(ii) The investigation will be conducted as fairly and expeditiously as possible.

(iii) In investigating complaints, every effort will be made to ensure confidentiality.

(iv) An individual bringing forth an honestly perceived complaint will not suffer any type of retaliation regardless of the outcome of the complaint.

(v) The complaint will be resolved in a manner that is consistent with this policy and also fair and equitable to all parties concerned.

(vi) Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

(vii) The purpose of this policy is to end racial and ethnic harassment, and, therefore, it may not be used by a complainant to achieve personal goals not in conformity with the purpose of this policy.

Date: January 1, 2014

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-4-05 Retaliation.

(A) Policy statement and purpose

This policy is intended to educate the university community on how it is a violation of state and federal law and university policy to retaliate against anyone bringing forth a complaint of discrimination or harassment.

(B) Policy

Bowling Green state university is committed to providing faculty, staff, and students with an environment where they may pursue their careers or studies free from discrimination. The office of equity and diversity is responsible for administering the university's equal opportunity and anti-harassment policies. The office exists, in part, to ensure that all members of the university community understand their responsibility to create and maintain an environment free from discrimination and harassment.

The university pledges itself to the broad application of the Civil Rights Act of 1964, as amended, in particular Titles VI and VII, Executive Order 11246, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 4112, of the Ohio Revised Code.

(C) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of equity and diversity.

(D) Investigations will be handled on an individual, case-by-case, basis considering the complete record and all relevant circumstances. Investigations will be conducted as fairly and expeditiously as possible assuring confidentiality for both the complainant and the respondent to the extent possible.

(E) Nothing in this policy should be interpreted as interfering with the practice of academic freedom at Bowling Green state university.

Date: January 1, 2014

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-4-06 Sexual harassment.

(A) Policy statement and purpose

It is the policy of Bowling Green state university that sexual harassment will not be condoned. This policy applies equally to faculty, administrative and classified staff, and students and is in keeping with the spirit and intent of guidelines on discrimination because of sex.

(B) Policy

(1) Definition

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic pursuits.

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual.

or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, hostile or offensive working or educational environment.

(2) Regulations

(a) It is a violation of university policy for any member of the faculty, administrative and classified staff, or student body to engage in sexual harassment.

(b) Retaliation against members of the Bowling Green state university

community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to. or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of equity and diversity.

(3) Responsibilities

(a) On a university-wide basis, the office of equity and diversity is responsible for the coordination and implementation of Bowling Green state university's sexual harassment policy. This office will serve as the resource with regard to all matters of this nature.

(b) Each dean, director, department chair, and administrative head of an operational unit is responsible for the dissemination and implementation of this policy within his or her area of responsibility. Persons at this level are also responsible for referring reported incidents of sexual harassment to the office of equity & diversity.

(c) It is expected that each faculty member, administrative staff member and classified staff member will ensure adherence to this policy within his or her area of responsibility. Such efforts are largely a matter of good faith.

(d) It is the responsibility of all members of the university community to discourage sexual harassment, report such incidents, and cooperate in any investigation that might result.

(4) Principles

In investigating complaints of unlawful harassment and discrimination, the following principles will be adhered to:

(a) Each complaint will be handled on an individual, case-by-case basis, taking a look at the record as a whole and at the totality of circumstances.

(b) The investigation will be conducted as fairly and expeditiously as possible

(c) In investigating complaints, every effort will be made to ensure confidentiality.

(d) An individual bringing forth an honestly perceived complaint will not suffer any type of retaliation regardless of the outcome of the complaint.

(e) The complaint will be resolved in a manner that is consistent with this policy and also fair and equitable to all parties concerned.

Date: January 1, 2014

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

3341-4-07 By-invitation appointments.

(A) Policy statement and purpose

It is the policy and practice of Bowling Green state university that an appropriate search will be conducted for all available positions. An appropriate search is one that conforms to the university's official hiring procedures for faculty, administrators and classified staff. These procedures were established pursuant to the university's affirmative action and EEO obligations, and are intended to assure full and fair consideration of all applicants for employment. It is recognized that there may be exceptional circumstances in which it would be in the university's interest to deviate from our standard search procedures. These circumstances, by virtue of their exceptional nature, will be rare.

(B) Policy

(1) Conditions warranting search waiver

(a) In cases where the hiring unit has an opportunity to hire an exceptional individual whose employment will add national or regional prestige and distinction to the university.

(b) In cases where the hiring unit is underutilized and has an opportunity to hire a minority or female individual whose employment will enhance the diversity profile of the unit and the university.

(c) In cases where the circumstances, such as unavailability of hiring personnel, or extenuating time constraints will not permit the normal search to be conducted and an acting or interim appointment is deemed inappropriate.

(2) Procedures

In such circumstances, written justification detailing a compelling reason for waiving the search must first be presented and approved by the president.

Position authorization and appointment activity forms must be completed and submitted with the written justification for hire by-invitation.

Once approval has been granted by president, the documentation should be forwarded to the office equity-)^ diversity for review and approval.

The hiring unit may not proceed with a by-invitation appointment without the required approvals.

Date: July 2013

Effective: 3/4/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345