Duke University is committed to maintaining
a bias-free environment for all members of the
University community including freedom from harassment.
This policy is also extended to the R/V CAPE HATTERAS.
If you feel that you have been harassed, immediately
report the incident to the Master. The situation
will be resolved as soon as possible. The official
Duke University Harassment Policy Statement is
listed on the next page:
Harassment of any kind is not acceptable at
Duke University; it is inconsistent with the university's
commitments to excellence and to respect for all
individuals. Duke University is also committed
to the free and vigorous discussion of ideas and
issues, which the university believes will be
protected by this policy. Pursuant to these commitments,
and as a complement to Duke University's Equal
Opportunity Policy, the following policy is adopted.
I. Duke University is committed to protecting
the academic freedom and freedom of expression
of all members of the university community.
This policy against harassment shall be applied
in a manner that protects the academic freedom
and freedom of expression of all parties to
a complaint. Academic freedom and freedom of
expression include but are not limited to the
expression of ideas, however controversial,
in the classroom, in residence halls, and, in
keeping with different responsibilities, in
workplaces elsewhere in the university community.
II. Harassment at Duke University is defined
as follows:
A. The creation of a hostile or intimidating
environment, in which verbal or physical conduct,
because of its severity and/ or persistence,
is likely to interfere significantly with
an individual's work or education, or affect
adversely an individual's living conditions.
B. Sexual coercion is a form of harassment
with specific distinguishing characteristics.
It consists of unwelcome sexual advances,
requests for sexual favors, or other verbal
or physical conduct of a sexual nature when:
1. submission to such conduct is made explicitly
or implicitly a term or condition of an individual's
employment or education; or
2. submission to or rejection of such conduct
is used as a basis for employment or educational
decisions affecting an individual.
III. In considering a complaint under the
Duke University Harassment Policy, the following
understatements shall apply:
A. Harassment must be distinguished from
behavior which, must be distinguished from
behavior which, even though unpleasant or
disconcerting, may be appropriate to the carrying
out of certain instructional, advisory or
supervisory responsibilities.
B. In so far as Title VII (Equal Employment
Opportunity) of the Civil Rights Act of 1964
is applicable (i.e. in complaints concerning
carrying out of non-instructional workplace
responsibilities), the university will use
the definition of sexual harassment found
in the Equal Employment Opportunity Commission
(EEOC) Guidelines: "conduct of a sexual nature...
when such conduct has the purpose or effect
of unreasonably interfering with an individual's
work performance creating an intimidating,
hostile, or offensive working environment."
The university will use new EEOC guidelines
as they are promulgated. The community will
be notified if such changes occur.
C. Instructional responsibilities require
appropriate latitude for pedagogical decisions
concerning the topics discussed and methods
used to draw students into discussion and
full participation.
D. In interactions of students and other
members of the Duke community in social and
living situations the university elieves it
is generally more appropriate to encourage
and nurture positive interactions and understanding
between the complainants and respondents rather
than to invite charges of harassment for individual
episodes of hostile, disrespectful or intimidating
speech.
IV. Individuals who believe that they have
been harassed in violation of this policy should
consult the Duke University Grievance Procedures
for Claims of Harassment.
V. This Harassment Policy and the Grievance
Procedures for Claims of Harassment are only
part of Duke University's effort to prevent
harassment in our community. In addition to
offering channels for making and resolving complaints,
the university is also committed to programs
of education to raise awareness concerning the
nature of harassment and ways to prevent harassing
behaviors.* This Harassment Policy replaces
previous statements on Harassment. Sexual Harassment
in Employment and Sexual Harassment of Students.
Specifically it replaces Appendix W of the Faculty
Notebook, Policy IX.180 and Policy IX.190 in
the Duke University Policy Manual, and the statement
on Sexual Harassment of Students in the various
school bulletins. Applicants for admission or
employment who feel that they have been harassed
by employees of Duke University, and students
and employees of Duke University who feel they
have been harassed by persons doing business
with the university should report their complaints
to the Office of the University Vice President
and Vice Provost.
