UNIVERSITY OF ARKANSAS POLICIES, EXCERPTED

Excerpts from
POLICIES ON EMPLOYMENT, STUDENT RECORDS, SEXUAL ASSAULT AND SEXUAL HARASSMENT


The AMERICANS WITH DISABILITIES ACT of 1990 … prohibits discrimination against students, employees, and the general public on the basis of disabilities.
Ed.: (Center for Students with Disabilities) http://www.uark.edu/ua/csd/, with links to applicable state and federal law at http://www.uark.edu/ua/csd/legal.htm. Also, the University of Virginia has posted good information on the kinds of accommodations that might be reasonable in the classroom. http://www.virginia.edu/vpsa/ada-fac.html#suggestions).

NON DISCRIMINATION

In the Spring of 1983 the Campus Council adopted a statement regarding discrimination which was amended in the Fall of 1991:  “The Campus Council of the University of Arkansas, Fayetteville, does not condone discriminatory treatment of students or staff on the basis of age, disability, ethnic origin, marital status, race, religious commitment, sex, or sexual orientation in any of the activities conducted upon this campus.  Members of the faculty are requested to be sensitive to this issue when, for example, presenting lecture material, assigning seating within the classroom, selecting groups for laboratory experiments, and assigning student work.  ….”
Ed.: Brown University’s Web page on achieving gender equity in the science classroom.
On UA campus: Kay Fairchild, Compliance Officer, Office of Affirmative Action, 575-4019

PERSONALLY IDENTIFIABLE STUDENT RECORDS

The university adheres to the requirements of the “Family Educational Rights and Privacy Act of 1974” as amended (Buckley Amendment).  Under this act, students have a right of access to personal records, may challenge the content of records, and have the assurance that their records will be kept confidential.  There are exceptions to these regulations which must be carefully observed and documented.  See the Catalog of Studies for additional information: http://advancement.uark.edu/catalogofstudies/  


SEXUAL ASSAULT POLICY  (Adopted by the Campus Council, Sept. 23, 1993)

Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual assault should report the assault immediately to the University Police (Department of Public Safety. ) If the assault occurred outside the jurisdiction of the University Police, they will assist in reporting it to the proper authorities.

SEXUAL HARASSMENT POLICY

(Adopted by the Campus Council, February 17, 1994, Amended, March 17, 1994)
The policy applies to sexual harassment which takes place in any relationship, including both those involving a power differential and those between peers, colleagues, and co-workers.  The university policy prohibits sexual harassment between or among students, faculty, staff, and others visiting or conducting official business on campus, and in all areas of the university’s work and educational environments.

Definitions

Sexual harassment as defined by the U.S. Equal Employment Opportunity Commission and adapted to the academic environment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or written communication of a sexual nature, regardless of where such conduct might occur, when:

  1. submission to the conduct is made either implicitly or explicitly a term or condition of an individual’s employment with the university or of an individual’s academic status or advancement in a university program, course, or activity;
  2. submission to or rejection of the conduct by an individual is used as the basis for employment or academic decisions affecting that individual; and/or
  3. the conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.
Academic Freedom

Works of art and literature, readings, and other written, auditory, or visual course materials which are used in an educational context, including classrooms, academic offices, and all other learning environments, or which are part of academic or cultural programs, do not constitute sexual harassment, regardless of their sexual, erotic, suggestive, or vulgar content and regardless of whether they may be offensive to some individuals.

Consensual Relationships

Consensual sexual relationships between faculty and their students or between supervisors and their employees in some instances may result in charges of sexual harassment.  Consensual relationships may lead other faculty and students or supervisors and coworkers to question the validity of grades, evaluations, and other interactions between the people involved in such a relationship.

Responsibility to Report

Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual harassment is strongly urged to report it.
The following are some examples of behavior that the courts have found to constitute either quid pro quo or hostile atmosphere sexual harassment. An important factor is that sexual harassment must be unwelcome.

   • sexual innuendoes, comments, and suggestive remarks about clothing, a
 person’s body, or sexual activities;
   • suggestive or insulting sounds;
   • whistling in a suggestive manner;
   • humor and jokes about sex;
   • sexual propositions, invitations, or other pressure for sex; and
   • implied or overt threats.

In most cases, a single offensive epithet would not constitute sexual harassment.

Physical sexual harassment may include, but is not limited to:
   • patting, pinching, feeling, or any other intentional inappropriate touching;
   • brushing against the body;
   • making obscene or offensive gestures;
   • attempted or actual kissing or fondling;
   • coerced sexual intercourse; and
   • assault. (See the University of Arkansas Sexual Assault Policy)

Written or visual sexual harassment may occur when the following types of materials are directed to a specific individual or when people cannot reasonably avoid seeing them (the list is not inclusive):
   • pictures or drawings of a sexual nature;
   • sexually derogatory pin-ups, posters, cartoons, magazines, or calendars;
   • messages, words, comments, rhymes, or other writing of a sexually derogatory or suggestive nature.

NOTE: Some of the forms of harassment described above may constitute criminal behavior.

Additional links to sexual harassment policies:Student Handbook: