Cornell University has adopted new, universitywide procedures for responding to complaints of sexual harassment, President Hunter Rawlings announced today (July 10).

The new procedures, which went into effect July 8, were drafted by Provost Don M. Randel and University Counsel James J. Mingle after Rawlings determined last fall that a single universitywide set of procedures was needed to replace several different policies that were being used in the university's colleges and units. Full text of the new procedures is available electronically at https://www.dfa.cornell.edu/policy/policies/prohibited-bias-discrimination-harassment-sexual-misconduct.

"I commend Provost Randel and Counsel Mingle for the strong leadership they have shown in drafting these new universitywide procedures and for working in concert with the many campus groups and individuals concerned about this serious issue," Rawlings said. "I'd also like to thank each and every member of the campus community who contributed to this effort. The formulation of these new procedures is an example of a truly collegial effort that will help to ensure a better campus environment for all."

The new set of procedures initially was drafted in November 1995 and has been reviewed, revised and discussed widely on campus by students, faculty and staff since then. The final version reflects the widespread consultation and advice of campus individuals and groups, including the Faculty Senate and the Board of Trustees, Rawlings said.

"The time, care and effort that have gone into preparing this new set of procedures for responding to complaints of sexual harassment reflect the seriousness with which sexual harassment and all other forms of discrimination are and must be taken, just as they reflect the need to protect the rights of all members of the university community," Randel said. "I am grateful to all who have contributed to this effort. I trust that all are united in their wish, first and foremost, to create a climate on campus in which sexual harassment does not occur."

After taking over as Cornell's president in July 1995, Rawlings reviewed several key university policies, including those guiding affirmative action and addressing complaints of sexual harassment. He then issued statements to the campus community on both subjects; one emphasizing and explaining the university's affirmative action efforts in hiring and admissions and the other underscoring the university's commitment to enforce federal and state laws prohibiting sexual harassment. Rawlings also directed that a single universitywide set of procedures be drafted regarding the reporting and resolution of sexual harassment complaints on campus.

In the past, procedures varied from college to college and unit to unit. Some were written and formalized while others were not. Rawlings' directive was to provide campuswide access to a single set of carefully thought out, fair and impartial procedures. The goal was to avoid duplication of effort, overlapping jurisdiction and potentially inconsistent results.

The procedures define sexual harassment as: "Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or written communication of a sexual nature . . . when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of employment or academic standing; or
2. submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting such individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual's work, academic performance, or participation in extracurricular activities or creating an intimidating, hostile, or offensive working or learning environment."

The newly adopted procedures provide for an investigation conducted by trained professionals and central administration of the procedures by the university Office of Equal Opportunity, which currently investigates all forms of discrimination on campus. They also provide for a statute of limitations on complaints. Generally complaints are to be filed within a year after the last act occurred. In the case of a student complaint against a faculty member charging harassing behavior in the context of a subordinate-supervisory academic relationship, the time period may be extended until one year after the student is no longer under the faculty member's academic supervision or three years from the date the alleged harassing behavior occurred, whichever is earlier.

Charged parties will be apprised of the details of the complaint, have a fair opportunity to rebut the allegations and tell their side of the story and to contest corrective actions. The investigative process and subsequent grievance and adjudicatory process are designed to ensure that the process is fair and thorough.

In addition, the new procedures eliminate the "locked file," which had been part of the procedures in the College of Arts and Sciences. This controversial feature had allowed individuals to file a confidential complaint that they preferred not to pursue at that time. Complaints placed in the "locked file" were not disclosed to the persons charged unless and until they were used in any future investigation of charges against the same person, without regard to a statute of limitations, to establish a pattern of behavior.

Other key elements of the new universitywide procedures provide that:

• The complaining and charged parties have recourse to mediation as a viable alternative to the complaint investigation process. The mediation feature is especially encouraged for relatively minor offenses and possible misunderstandings.
• Faculty be involved (early and directly) in the investigative process and in the subsequent adjudicatory process where a faculty member is the charged party and the allegations implicate the student-faculty academic relationship. This is accomplished by providing a faculty co-investigator and recourse to hearings in contested cases.
• Existing grievance/adjudicatory procedures are incorporated into the new universitywide procedures.
• The appropriate university officials with trustee or delegated presidential authority for personnel matters are responsible for making the ultimate judgment regarding the sufficiency of the factual findings and imposition of appropriate corrective actions. The procedures, which provide for deferred decisions in certain contested cases, vest deans and vice presidents with final decision-making authority.
• The interests of the complaining party, the charged party and the university are recognized and balanced. Substantial procedural protections are incorporated, with the scope and formality of the proceedings geared to the seriousness of the offense and the severity of the potential sanction.

"Cornell University is committed to providing an educational and working environment in which the dignity of every individual is respected," Randel said. "Sexual harassment in any form will not be tolerated here. These new procedures are designed to help ensure an environment for all members of the campus community that is free from sexual harassment."