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Sexual Policy Unclear?

Faculty Council Mulls Harassment

The University has no established set ofpenalties which can be imposed when a facultymember is found to have sexually harassed astudent or colleague, according to Associate Deanfor Academic Affairs Phyllis Keller.

"Resolutions" of complaints range fromapologies to requests for resignation, Kellersays. But severe penalties are extraordinarilyrare, Keller adds, despite the fact that AssistantDean for Academic Planning Joseph J. McCarthy saysformal complaints are usually filed only in themost egregious cases of harassment.

And McCarthy says most charges which have beeninvestigated and supported by the Universityresulted in findings of "misjudgment" on the partof the perpetrators.

These findings almost always resulted from anadmission of some inappropriate action on the partof the accused, McCarthy adds. "To reach a findingwe usually need to establish at least a commonground of facts between 'he said' and 'she said.'"

"There are a lot of informal resolutions, butif the faculty member or teaching fellow orwhoever's supposedly doing the harassingcategorically denies it and we have no otherevidence, then there's not much that can be done,"says Mackay-Smith.

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"We don't have set punishments, and even if wedid, it's very hard to reach a finding on someonewho won't admit to any wrongdoing," she adds. "Forthe student, a lot of times, life is unfair."

Mackay-Smith says that, even if a formalfinding is never reached, the University willutilize all of its resources to help guide thestudent to the best personal resolution possible.

"There are always possibilities for what we cando to help a student," she says. "Life may beunfair, but we'll fix things up in a student'slife, to restore the balance that was lost, asmuch as we can."

But if a student knows that his or her (mostlyher, according to Mackay-Smith) complaint maynever lead to a satisfactory result, there may belittle incentive to report an incident ofharassment at all.

"That's certainly a risk," Mackay-Smith says."A student makes a big emotional investment whenshe files a formal complaint, and we recognizethat."

"That's why we try very hard not to make a badsituation worse," she adds. "The welfare of thestudent is always at the forefront of ourprocedures."

Keller and McCarthy both say that theUniversity's philosophy is to deal with situationsof harassment at the lowest levels possible.

This doctrine, they say, is intended to allowboth the accuser and the accused to deal with theallegation in the least disruptive and mostprivate way possible. That's why the Universitynever makes available public records of anyproceeding, or even the exact number of complaintsfiled.

"Even if a claim is vindicated, the emotionalinvestment that was made is not a happy thing forpeople to be reminded of," McCarthy says.

But Mackay-Smith says that often what thestudent needs for her own resolution isacknowledgement from the alleged harasser.

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