The University Senate approved changes yesterday to the university’s sexual harassment policy, updating it to cover “gender-based” behavior and remarks, clarifying procedures for filing complaints and adding more formal protections for the accused.
The changes, the product of about two years of work by the senate’s Human Relations Committee and a task force, passed unanimously in the senate with one amendment.
“There are really substantial changes procedurally, but we did not do anything to the legal principles or legal underpinnings,” said Human Relations Committee Chair David Sheridan.
The most significant change was a clarification of the difference between formal and informal complaints, which Sheridan said was difficult to discern in the original policy.
The revised policy explains the informal complaint process is flexible, with no specific steps or time limits, while formal complaints follow established legal and university procedures.
Though in the past informal complaints could be reported to any university official or faculty member, the Legal Office almost always handled them. The new policy still requires the Campus Compliance Officer or the Legal Office to screen informal complaints, but allows them to decide who should handle the complaint, opening up the possibility for a supervisor or department chair to deal with complaints.
The change was one of several suggested by sociology professor David Segal after he said a graduate student falsely accused him of sexual harassment. Segal, who has also processed sexual harassment charges filed against graduate student teaching assistants, said problems are more likely to be successfully resolved when direct supervisors informally handle them.
Several of Segal’s other requests, such as a requirement for a signed statement of accusation for all complaints and explicit statements of the accused’s rights, did not make it into the revised policy. Segal, who is not a senate member, could not attend the meeting because he was out of the country.
“The senate can’t wait around for a time when everyone interested can come,” senate chair Arthur Popper said. “We don’t always please everyone, but this committee did all its homework, and I’m hoping [Segal is] happy with the results.”
Other changes included adding “gender-based” to the list of sexual harassment behaviors, a phrase covering sexist remarks that create an intimidating or offensive environment even if they do not carry a sexual connotation. This brings the 17-year-old policy up to date with current legal tradition, Sheridan said.
Speaking at faculty senator Vince Brannigan’s request, who worried the policy could be used to infringe on free speech, faculty senator Jo Paoletti proposed an amendment to the revisions. The amendment, approved by the senate with four dissenting votes, added the statement, “Nothing in this policy limits expression protected under the First Amendment, campus freedom of expression or similar policies.”
Brannigan’s statement argued federal sexual harassment laws and court decisions, particularly those related to gender-based conduct and remarks, are intended to protect against discrimination, not regulate speech.
Under the updated procedure, people informally accused of sexual harassment will be told the specific details of the complaint, given a copy of the sexual harassment policy and an opportunity to ask questions about the process, and advised of their right to contest any action taken against them.
Previously, it was possible for the accused to be held responsible for sexual harassment without ever knowing the charge’s specifics, as in Segal’s case.
The senate also approved two new degree programs and two name changes.
The body approved a new, flexible program for a Master of Professional Studies degree, designed to allow government organizations to request degree or certificate programs suited directly to their employees’ needs, including courses from several departments or colleges. Exact course requirements would be approved within the university, a faster process than creating a new degree each time employers request specific programs.
It also voted unanimously to approve a Second Language Acquisition doctorate, which Programs, Curricula and Courses Committee Chair James Gates said reflects the university’s increasing interest in language acquisition study. The degree will enhance the university’s Center for Advanced Study of Language, a research facility designed to work with federal employees learning foreign languages.
University President Dan Mote, the Board of Regents and the Maryland Higher Education Commission must approve both degree programs.
Other changes designated a nonprofessional track of the master of architecture program to a master of science degree and renamed the College of Life Sciences to the College of Chemical and Life Sciences. Many faculty within the college, including those who study chemistry and biochemistry, said they did not consider their studies to be life sciences. Four senate members voted against the name change.
