The filing of a written complaint is required for a matter
to be formally investigated and a determination made as to
whether this University policy prohibiting sexual harassment
has been violated.
1. Complaint against a Student.
Those wishing to bring a formal complaint of sexual
harassment against a student should inform the Assistant
Dean--Student Judicial Programs, who will either refer the case
to the University Court, assume original jurisdiction, or refer
the matter to a subcommittee of the Judicial Affairs Committee.
The procedures for handling a sexual harassment complaint
against a student are described in and governed by Rice's Code
of Student Conduct. Anyone interested in these procedures
should consult the Code of Student Conduct, which is available
from the Assistant Dean--Student Judicial Programs or on the
University's website.
2. Complaints against a Faculty or Staff Member.
Formal complaints of sexual harassment against a member of
the faculty or staff are filed with the Office of Equal
Employment Opportunity Programs (EEOP). If the complaint is
against the Director of EEOP, the complaint should be filed
with the President, who will appoint a panel of inquiry as
described below and take action on the panel's report as
necessary.
a. Complaints against a Faculty Member.
In a matter involving a complaint against a faculty
member, the Director of EEOP will a) receive a written
statement of complaint from the complainant, b) inform the
alleged offender (respondent) of the allegation and of the
identity of the complainant, and c) initiate whatever steps
he or she deems appropriate to effect a resolution of the
complaint acceptable to both parties. The Director will
present a written report to the respondent and the faculty
member's Dean, the Provost, or the President, as appropriate.
The report will include a discussion of the allegations, the
investigatory process, the evidence in the case, the
persuasiveness of the evidence, the consistency of the
testimony, and the credibility of the witnesses. The
President will determine whether to initiate proceedings
under Policy No. 201-97, Section 8, to consider dismissal of
or a severe sanction against the accused faculty member. If
the President decides on this course, the normal procedures
outlined in the Faculty Council's "Procedure for
Investigating Accusations Warranting Severe Sanctions,
Including Dismissal, Against Faculty Members" will be
followed.
b. Complaints against a Staff Member.
In a matter involving a complaint against a staff member,
the Director of EEOP will conduct a full, impartial, and
timely investigation. The Director of EEOP will provide the
respondent with a written statement of the allegations, to
which that individual will be required to respond in a timely
manner. During the course of the investigation the Director
of EEOP will hear the complainant, the respondent, and
witnesses identified by each party. To the extent possible,
complaints will be handled confidentially, with the facts
made available only to those who have a compelling need to
know for purposes of investigation or resolution of the
matter.
At the conclusion of the Director of EEOP's investigation
of a complaint against a staff member, the Director will
present to the appropriate administrative official(s) a
written report which will include a discussion of the
allegations, the investigatory process, the evidence in the
case, the persuasiveness of the evidence, the consistency of
the testimony, and the credibility of the witnesses. The
administrative official(s) will determine whether the policy
was violated, take necessary action, and inform the
complainant and the respondent of the final disposition of
the complaint.
In matters involving investigation of a complaint against
a staff member, either the complainant or respondent may
request that the Director of EEOP refer the matter to a panel
of inquiry. This request must be made after the filing of the
formal complaint and before the Director of EEOP begins his
or her formal investigation.
i) Panels of Inquiry for Complaints against Staff
Members
The panels of inquiry are selected by the President, with
each panel comprising a chair and four members (two male and
two female). The chair will normally be non-voting, but will
cast the tie-breaking vote when necessary. Panel membership
will depend on the status of the parties involved in the
complaint as follows:
When both parties are members of staff, the panel will be
made up of members of staff.
When the complainant is not a staff member, the panel will
have a faculty member plus two members from the staff, and
two members from the complainant's constituency, e.g.
students or faculty members.
When a complaint is brought by a third party, the panel
will be made up of members of the staff.
The purpose of the panel of inquiry is to determine, to
the best of its ability, the facts regarding the alleged
sexual harassment. Prior to the hearing, the panel will meet
to determine procedures for the conduct of the hearing in
consultation with the parties involved. The panel will hear
the complainant, the respondent, and witnesses identified by
each party, and will examine all evidence it deems necessary.
The rights of both parties will be observed and privacy and
confidentiality will be protected to the extent possible.
At the conclusion of its investigation, the panel will
issue a written report to the appropriate administrative
official to whom the respondent reports. If the complainant
is a student, the report will also be submitted to the Vice
President for Student Affairs. If the complainant is a
faculty member, the report will also be presented to the
Provost. The panel's report will detail the allegations, the
hearing process, the evidence in the case, the persuasiveness
of the evidence, the consistency of the testimony, and the
credibility of the witnesses. The administrative official
receiving the report will determine whether there has been a
violation of the University's policy prohibiting sexual
harassment, and will take whatever disciplinary action is
necessary and appropriate.