Office of Equal Opportunity

Sexual Harassment
A Guide for Murray State University
Students, Faculty and Staff

President's Message

OVERVIEW:   COMMITMENT AND SCOPE

Murray State University is committed to eliminating illegal discrimination. Sexual harassment is in direct conflict with this commitment and will not be tolerated.

The goals of this policy are both preventive and remedial. The accomplishment of these goals is the responsibility of the entire university community.

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment is prohibited and defined by federal and state law, and university policy.

1. Federal Law
   1. Title VII of the Civil Rights Act of 1964 as amended defines sexual harassment in the context of employment as follows:

      "Unwelcome sexual advances, and/or requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct is used as the basis for employment decisions affecting such individuals; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment."

   2. Title IX of the Higher Education Act of 1972, as interpreted by decisional law, extends the concept of sexual harassment in academia beyond employment, e.g., to the teacher/student relationship.
2. Kentucky Law
   Kentucky law adopts and incorporates certain protections accorded by federal law. See KRS 344 et seq. (as applicable).
   
3. Murray State University Definition
   Murray State University further considers sexual harassment as:

   Offensive behavior which inappropriately asserts sexuality in any relationship within or affecting the University, including but not limited to relationships between teacher and student, employer and employee.
   
   Victims of sexual harassment are primarily, but not exclusively, women. Sexual harassment occurs primarily, but not exclusively, between members of opposite sexes. Evidences of sexual harassment take many forms, e.g., Verbal: Sexual innuendo, suggestive or demeaning comments, insults, hostile remarks, humor and jokes about sex or gender specific traits, sexual propositions, requests or demands for sexual favors, threats. Non-verbal: suggestive or insulting sounds, leering, whistling, obscene gestures. Physical: touching, pinching, brushing the body, assault, coerced or non-consensual sexual intercourse.
   
   The existence of sexual harassment depends on the facts. A purely voluntary, personal, or social relationship without discriminatory effect is not sexual harassment.

PREVENTION

Murray State University commits itself to informing the university community as to the objectives, obligations, and responsibilities contained in this policy.

FORMAL AND INFORMAL RESOLUTION OF COMPLAINTS

The University Director of Equal Opportunity is designated by this policy to receive complaints of sexual harassment. The procedure to be followed is set forth as Personnel Policy Number VI B in the Murray State University Personnel Policies and Procedures Manual and under Section XV of the Murray State University Affirmative Action Plan, 1985, page 16. Copies of this section can be obtained in the Office of Equal Opportunity.

If the Director of Equal Opportunity is the person complained against, the President of the University will designate an individual to perform that officer's function as set out in Section XV of the Affirmative Action Plan. If the complaint is against the President, the Chairman of the Board of Regents will designate an individual to perform the function accorded to the President under Section XV of the Affirmative Action Plan.

Retaliation against any individual making a complaint, inquiry, or report of a known violation under this policy is expressly prohibited.

SANCTIONS FOR VIOLATION

Any individual found to be in violation of the sexual harassment policy may be subject to penalties ranging from an official warning through and including termination.

Frivolous or false accusations of sexual harassment have serious consequences on innocent individuals. The University cautions that such complaints may result in action being taken against the complainant.

This policy is not to be construed as depriving any member of the University community of rights pursuant to state or federal law. Specifically, the sanctions for violation of this policy are subject to and should be construed in relationship to KRS 164.360 and 164.370 concerning suspension or termination.

Approved by Murray State University Board of Regents on May 12, 1990.

Page Modified June 2007