Harassment

March 26, 2004

Members of the Rutgers Community:

In 1980 the university first developed and distributed the procedures for filing complaints of sexual harassment. Over the years, the legal and social contexts of civil rights harassment evolved and now include, in addition to sex-based conditions imposed on some aspect of work or study, the creation of a hostile, offensive and intimidating environment that interferes with work or study for a member of a protected class. Congress and the New Jersey Legislature have expanded the list of protected classes, and the state and federal courts have defined and reaffirmed the responsibility of the university, as an employer and as an educational institution, to intervene in harassment within its halls.

The university's current policy, which prohibits harassment based on an individual's race, religion, color, national origin, ancestry, age, sex, sexual orientation, disability, marital or veteran status, became effective on September 1, 1997. The U.S. Supreme Court's decisions have made it very clear that as an employer the university must be consistent and fair as well as swift in its correction of harassing situations, and that as soon as a supervisor knows of harassment the university is obliged to take appropriate steps to remedy the situation and eliminate the harassment. I remind deans and all other supervisors that they should ensure consistency of response by referring complaints to the Office of University Harassment Compliance & Equity, and that the office can also assist with informal resolutions where they are more appropriate.

It is particularly important in an institution with the diverse population of Rutgers that all faculty members and staff be aware of the breadth of the protections for students, faculty, and staff who are harassed, the resources available to them for resolution of any problems students or colleagues may bring to their attention, and the obligation imposed by law on supervisory employees and faculty members to refer complainants to the appropriate resources. If a faculty member or administrative employee is consulted by a student or colleague who believes that he or she is being subjected in the classroom or at work to prohibited harassment, the Office of University Harassment Compliance & Equity can assist in referring the complainant to appropriate services or can deal directly with the problem.

The Office is a clearinghouse for university resources that are available to mediate, counsel, and resolve many of these matters informally or to investigate a formal complaint. A prompt and appropriate referral by a faculty member or supervisor is an appropriate response and will meet the university's commitment to ameliorate any situation that interferes with the ability of a student or employee from fully participating in the benefits of studying, teaching or working at Rutgers.

The Policy Prohibiting Harassment and Harassment Complaint Policy are available from the Office's web site, http://uhr.rutgers.edu/uhce, under the main harassment page. Please note that formal complaints in which the individual named as a respondent is a student and not also an employee must be processed under the Code of Student Conduct. If you have any questions concerning the policy or complaint process, please contact the Office of University Harassment Compliance & Equity at 732/445-3020 x626 or visit the web page at http://uhr.rutgers.edu/uhce.

Rutgers plays an important role in shaping New Jersey's future by contributing exceptional leaders, research, and new ideas. To realize our vision for the future, we are committed to providing a supportive and collaborative social environment, and a community dedicated to respecting and valuing diversity. The elimination of harassment is one necessary step toward a more hospitable environment where the open exchange of ideas is encouraged and members of all groups are made to feel welcome.

Richard L. McCormick
President
Rutgers, The State University of New Jersey