- Northwestern University Sexual Harassment Prevention Office

UNIVERSITY SEXUAL HARASSMENT PREVENTION OFFICE

University Sexual Harassment Prevention Office > Resolution Guidelines Printer-Friendly

SEXUAL HARASSMENT POLICY
COMPLAINT RESOLUTION GUIDELINES

Investigation

All reports describing conduct that is inconsistent with Northwestern’s Sexual Harassment policy will be promptly and thoroughly investigated. Depending upon the circumstances, the investigator generally will be the Director of the University Sexual Harassment Prevention Office, the Associate Vice President for Student Affairs/Dean of Students, a Discrimination and Harassment Prevention Adviser, or a Department Chair or member of the staff of a school Dean's office. The investigator will ask the respondent about each allegation, and will give the respondent an opportunity to explain the situation from his or her perspective. If additional information is provided by the respondent, or additional witnesses are identified by the complainant, respondent or a knowledgeable third party, the investigator will follow up on such information, as determined is appropriate by the investigator. In some instances, this will require the investigator to interview the complainant and respondent on several occasions. All parties involved in the investigation are expected to cooperate in a truthful manner with the investigation process.

Notification of Respondent

When a complaint has been received by the Sexual Harassment Prevention Office, the person conducting the investigation will advise the respondent of the allegations against him or her. Complaints will be resolved with sensitivity to the possibility that the complainant and the respondent may have to work or otherwise interact in the future. This may mean that the respondent will not be advised of the identity of the individual who made the complaint or of the individuals who are involved in the investigation.

Support Person

During the investigation process, both the complainant (the individual who complains of harassment) and the respondent (the accused harasser) may ask a non-attorney support person from the University community to accompany him or her. The support person must be a member of the Northwestern community and cannot be a potential witness in the matter. Since these are internal University proceedings, the persons involved may not have legal counsel present at any interview during the investigation. In cases involving multiple complainants or respondents, the support person cannot be another respondent or complainant. The support person does not serve as an advocate on behalf of the complainant or respondent, and he or she must agree to maintain the confidentiality of the process. Witnesses to harassing conduct and others involved in an investigation are not entitled to a support person.

Confidentiality

The goal of the Northwestern University sexual harassment policy is to provide members of the community with a positive working and learning environment that is free of sexual harassment. Complaints of sexual harassment will be investigated in a manner that is consistent with this goal. All participants in the investigation will be advised that they should keep the complaint and the investigation confidential.

The University cannot promise complete confidentiality in its handling of harassment complaints. Northwestern makes every reasonable effort to handle inquiries, complaints, and related proceedings in a manner that protects the confidentiality of all parties. Each situation is resolved as discreetly as possible, with information shared only with those who need to know in order to investigate and resolve the matter. In certain circumstances, the University may be able to address harassment concerns and stop problematic behavior without revealing to the alleged harasser the identity of the person who complained. However, this is not possible every matter, as some situations require the disclosure of the complainant’s identity in order to fully investigate the matter and/or to enable the accused harasser the ability to fully respond to the allegations against him or her.

In its investigation, the University will be sensitive to the feelings and situation of the alleged victim and/or reporter of sexual harassment. Nonetheless, the University has a compelling interest to address all allegations of sexual harassment brought to its attention. Northwestern reserves the right to take appropriate action in such circumstances, even in cases when the complainant is reluctant to proceed.

Retaliation Is Strictly Prohibited

Northwestern prohibits retaliation against anyone for inquiring about suspected breaches of University policy, registering a complaint pursuant to its policies, assisting another in making a complaint, or participating in an investigation under its policies. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the sexual harassment allegation. Anyone experiencing any conduct that he or she believes to be retaliatory should immediately report it to one of the individuals listed in “Where to Get Advice and Help.”

Resolution

At the conclusion of the investigation, the investigator will provide her or his conclusions and recommended sanctions, if any, to the appropriate disciplinary office. For staff, the appropriate disciplinary office generally will be the respondent’s supervisor or manager. For students, the appropriate disciplinary office generally will be the office of the Associate Vice President for Student Affairs. For faculty, the appropriate disciplinary office will generally be the faculty member’s Chair or Dean. The appropriate disciplinary office will review the recommendation and then, in consultation with the Director of the University Sexual Harassment Prevention Office and, where appropriate, Human Resources, will make a decision concerning the resolution of the complaint and any sanctions that will be imposed. The Director of the University Sexual Harassment Prevention Office will inform both the complainant and the respondent of the outcome.

The University’s response is tailored to the severity of the allegations; in some circumstances, an investigation may result in a written or verbal apology from the harasser, harassment education for the affected school or department, and other measures designed to prevent problems from recurring. Serious acts of sexual harassment may lead to suspension, termination or exclusion pursuant to established University policies for dealing with misconduct by faculty, staff or students. In such instances, the complainant and respondent will be advised of the outcome of the investigation in writing.

Appeal

Appeals of any disciplinary action may be made in writing and will be handled as follows:

Staff: Appeals of complaints against staff members will be reviewed according to the Human Resources Policies and Procedures manual.

Students: Appeals of complaints against students will be reviewed according the University Hearing and Appeals System set forth in the Appendix to the Northwestern University Student Handbook, or, as appropriate, the section of “University Hearing systems, Policies and Statements” in the Northwestern University Chicago Campus Student Handbook.

Faculty: If a faculty member is the respondent, he or she may initiate an appeal according to procedures in the Northwestern University Faculty Handbook.

Adjunct Faculty in Research Centers: Appeals of complaints against adjunct faculty in research centers will be reviewed by the Vice President for Research.

At the end of the appeal process, the complainant and the respondent will be notified of the outcome in writing.

These guidelines supersede previously published procedures and guidelines
for complaint resolution.