The University of Maine System is committed to providing a positive educational and work environment that recognizes and respects the dignity of all students, faculty, and staff. Harassment of any form undermines this important commitment and is not appropriate or acceptable within the university community. Further, in complying with the letter and spirit of applicable laws and pursuing its own goals of diversity, the University will not tolerate discriminatory harassment on the basis of race, color, religion, sex, sexual orientation, including transgender status and gender expression, national origin or citizenship status, age, disability, or veterans status in employment, education, and all other areas of the University System. The University provides reasonable accommodations to qualified individuals with disabilities upon request.
Derogatory, demeaning, or discriminatory actions and behavior by one person toward another are harmful. The actions or behavior may be epithets, crude gestures, threats, physical aggression, or offensive pictures. The pain inflicted might be intentional or accidental, but that does not matter. What matters is that the behavior and actions are harmful.
Speaking and acting irresponsibly damage morale, motivation, and community. When behavior or actions are harassing, the University will hold the person(s) accountable. We must be sensitive to the harmful effects of hostile behavior and refrain from acting in ways that are demeaning and offensive to others. We can express our opinions and voice even strong disagreements without using statements, gestures, or actions that personally attack others.
Balancing individual and group rights and responsibilities, and promoting respect, civility, and a sense of community of the campuses of the University of Maine System are sensitive matters. Each reported occurrence of offensive behavior or action is reviewed on a case-by-case basis. When harassment occurs, the University takes prompt, appropriate action.
WHAT IS HARASSMENT? Not every unpleasant interaction or offensive comment rises to the level of harassment. Harassment is unwelcome behavior that creates a hostile or intimidating educational, work, or living environment for an individual, or that unreasonably interfers with an individual's academic or job performance and opportunities. Isolated or infrequent behavior that is sufficiently severe may constitute harassment. A series of incidents, each minor in itself, may also have the cumulative effect over time of becoming pervasively harassing behavior. Harassing conduct may be verbal, written, physical, or graphic.
Harassment is determined not solely by the intent of the harasser, but also by the impact of the behavior on the person targeted. Conduct is considered harassing if a reasonable person, as well as the target, would perceive it as harassing. This "reasonable person" standard includes considering whether someone with the same characteristics, such as race or gender, as the target would find the behavior harassing.
Discriminatory harassment is based on a person's race, color, sex, sexual orientation, including transgender status and gender expression, national origin, citizenship status, religion, age, disability, or veteransstatus in employment, education and all other areas of the University System. Discriminatory harassment violates the University's equal opportunity policy and is illegal under federal and state civil rights laws. For specific information about sexual harassment, refer to the University's brochure "Stop Sexual Harassment."
Other forms of harassment that target someone for reasons other than protected individual characteristics are comparable violations. For example, a student might be harassed for being extremely overweight or belonging to a conservative political club, or an employee for expressing controversial opinions on abortion that offend some people.
All forms of harassment with the University constitute misconduct when committed by an employee and a violation of the Student Conduct Code when committed by a student. Retaliation against anyone for making a complaint of harassment or participating in an investigation of alleged harassment is a separate violation of University policy and the law and will not be tolerated.
HARASSMENT BY STUDENTS. All students are expected to conduct themselves in a manner that respects the rights of other students, staff, and faculty to learn, work and live in a community that is free from harassment. The Student Conduct Code prohibits discriminatory or other harassment, threatening, intimidation, or any action by a student or group of students that abuses, endangers, jeopardizes personal safety, or interfers with offical duties, class attendance, or educational pursuits of another person.
Discriminatory harassment by students can occur in the classroom, residence hall, student union, or any other University location.
Barbara, a Franco-American student, leaves her class in tears and drops the course after students in the back of the room repeatedly make derogatory comments about her Franco-American heritage, while the instructor laughs and says nothing. (This is discriminatory harassment because it is based on Barbara's ethnicity and creates a hositle envionment that interferes with her ability to complete the course.)
After a basketball game, a group of white students scream racial epithets including "nigger" and "boy" at African-American players from the visiting team. (Racial epithets constitute discriminatory harassment when they are severe or pervasive and create a hostile or intimidating environment.)
Michael is a gay student who is active in campus gay rights activities. A group of student accost him in the stairwell of his residence hall saying, "We don't want any fags in this dorm," and threatening his safety if he doesn't move out. Michael is afraid to return to his dorm room. (This is discriminatory harassment because it singles out Michael based on his sexual orientation and intimidates him into not going to his room. It also violates Maine's hate crime law.)
Jamie, an African-American instructor, nearly fainted one day when she entered the classroom to find several students dressed in white robes and hoods. Unnerved, Jamie could not teach that day and is anxious about going back to class. (This is discriminatory harassment because it is based on Jamie's race and creates a hostile, environment that affects her work performance.)
A fraternity throws a "Cowboys and Indians" theme party involving costumes and behavior based on disparaging sterotypes of Native-Americans. Vivian, a Native-American member of a sorority attending the party, states that the theme ridicules her heritage and is offensive to Native-Americans. Several fraternity members repeatedly call her "squaw" causing Vivian to leave the party early. (This is discriminatory harassment because it is based on Vivian's race and creates a hostile, intimidating environment.)
In each of these situations, the behavior is more than just unpleasant or offensive -- it is discriminatory harassment that harms another person.
Other forms of harassment by students can also occur virtually anywhere on campus.
Patrick is a student who continually confronts other students by cornering them in their dorm and sending insulting telephone and e-mail messages. Several students have become very anxious because of his attacks and are afraid to check their messages.
Mary is a student who yells and shakes her fist at employees in the Financial Aid office when she disagrees with what they tell her. The employees have become frightened. (These are examples of harassment because of the effect Partick's and Mary's conduct has on others. These are not discriminatory harassment because they do not target anyone based on legally protected personal characteristics.)
HARASSMENT BY EMPLOYEES Faculty and staff are expected to interact with students, other employees, and anyone doing business with the University in a manner that is professional and respectful.
Discriminatory harassment by an employee is prohibited under the University's equal opportunity policy. For Example:
When Marion, a student who is deaf, and her interpreter arrive for the first history class, the professor announces that the class will have to take "unnecessary" periodic breaks needed by the intreperter for the "deaf and dumb" student. Marion decides never to raise her hand during class discussion to avoid calling further attention to herself. (This is discriminatory harassment because the professor's demeaning comments are based on Marion's disability and create a hostile environment that prevents her from participating equally in the course.)
Carlos, a Latino custodian, is often "chewed out" by his supervisor in front of the rest of the work crew for arriving at work a few minutes late and blamed for equipment failure. When white custodians are late or damage equipment, the supervisor speakes to them privately. Unlike his white colleagues, Carlos receives written warnings and a poor job evaluation from the supervisor. (This is discriminatory harassment because Carlos is singled out for criticism based on his national origin, creating a hostile work environment that affects his job performance.)
Other forms of harassment by employees that are directed to students or other staff constitute employee misconduct.
A faculty member often ridicules Diane, a secretary who grew up in Washington County, about her rural background. In front of students, he tauntingly remarks that she must come from one of those "poor redneck families full of alcoholism and incest." Deeply embarassed, Diane is considering trying to transfer to another job. (This is harassment because it has created a hostile work environment for Diane, but it is not discriminatory harassment because it does not target a legally protected personal characteristic.)
HOW HARASSMENT COMPLAINTS ARE HANDLED Many resources exist within and outside of the University to assist someone experiencing harassment. If you think you are being harassed or if you have information about harassment, seek help -- the sooner, the better. Report the harassment to the appropriate campus office and/or government agency listed in the HELP box. You may also want to talk with any faculty member, administrator, or staff person with whom you feel comfortable, including your supervisor, the harasser's supervisor, your resident assistant or campus police. If you need personal help to deal with the effects of harassment contact the campus counseling center (students) or employee assistance program (employees).
If you feel your physical safety is in danger because of harassment, report the behavior to campus police or security, or to your local municipal police if the event occurs off campus or if your campus does not have a police department. Depending on the nature of the incident, discriminatory harassment may be a bias incident reportable to the State of Maine Attorney General's Office. When accompanied by violence, the threat of violence, or property damage, discriminatory harassment is a hate crime subject to investigation and legal action by the Attorney General, as well as police investigation and prosecution.
FILING A COMPLAINT OF DISCRIMINATORY HARASSMENT The University has an Equal Opportunity Complaint Procedure to deal promptly and fairly with concerns and complaints about discriminatory harassment. The complete procedure is available at your campus library (on reserve), and in the Equal Opportunity, Human Resources, and Student Affairs Offices. All members of the University community are encouraged to use this procedure, but discriminatory harassment complaints may also be filed with the state and federal agencies listed in the HELP box. Complaints about hate crimes may also be filed with campus or local police or the State of Maine Attorney General's Office. Employees may choose to file a grievance instead of or in addition or filing a complaint.
Any student or employee who feels that he or she has experienced discriminatory harassment, and anyone with knowledge of an incident, should contact his or her supervisor or the campus Equal Opportunity Director as soon as possible after the incident. The Equal Opportunity Director discusses informal and formal options for resolving the problem. Complaints are handled as confidentially as possible to protect the rights of both the complainant and the person accused.
The goal of the informal process is to seek a resolution acceptable to everyone involved. If the complainant chooses or if a problem cannot be resolved informally and the alleged harasser is an employee, the complainant may request a formal investigation by the Equal Opportunity Director. If discriminatory harassment has occurred, discipline for the employee can range from counseling and reprimand to termination.
When the person accused is a student and a formal complaint is filed, the Assistant to the Vice President for Student Development for Community Standards is responsible for the investigation. A student who engages in harassing conduct is subject to discipline that is appropriate to the severity of the violation, which can include warning, loss of privileges, suspension, or dismissal. For further information about violations and proceedings, refer to the University of Maine System Student Conduct Code.
FILING A COMPLAINT ABOUT OTHER FORMS OF HARASSMENT Any student or employee who believes he or she has experienced some other form of harassment by a student may file a formal complaint with the Conduct Officer. Sanctions imposed for violations are similar to those for discriminatory harassment.
Any student or employee who believes he or she has experienced some other form of harassment by an employee should contact his or her own supervisor or the employee's supervisor, or the campus Human Resource Director. The same type of informal and formal processes and sanctions used to resolve discriminatiory harassment complaints are used to respond to complaints of other forms of harassment.
WHAT YOU CAN DO ABOUT HARASSMENT As a faculty member, make sure you are aware of how classroom behavior and interaction with students may constitute or be perceived as harassment. Discuss the issue with your colleagues, perhaps with your students. Do not tolerate or be viewed as tolerant of discriminatory harassment or other types of harassment. Discuss any harassment that you become aware of with the campus Equal Opportunity Director or Human Resources Director.
As a supervisor, you have a special, legal responsibility to stop discriminatory harassment. In the University, supervisors include department chairs and directors, administrators, and any other person who is responsible for the work of another employee, including student employees. If a student or empoloyee reports harassment to you, listen carefully and encourage the person to contact the campus Equal Opportunity Director or Human Resources Director as soon as possible. Even if the person chooses not to pursue the complaint, it is essential that you advise the Equal Opportunity Director or Human Resources Director of the situation.
As a student or employee who has experienced or witnessed harassment, SAY NO! If someone's behavior is offensive or makes you uncomfortable say so firmly and without delay. Tell the person that the behavior is unwanted and needs to stop. Keep records -- write down dates, places, times, witnesses, and the nature of the harassment (what was done and said, and your responses). Months later, you may need to remember the details of incidents. Tell someone. Being quiet or stoic about harassment enables it to continue. Report the harassment to the appropriate University personnel. Do not blame yourself and do not delay.
FREEDOM OF SPEECH Freedom of speech is of paramount value to any University, and the constitutional rights of all members of the University community to express themselves must be protected, not punished. Great care must be taken not to inhibit open discussion, debate, and expression of personal opinion, particulatly in the classroom.
However, freedom of speech is not a shield behind which a person can harass others. "Fighting words" -- words that would provoke a reasonable person to respond with violence, such as racial epithets -- may constitute harassment and are not protected free speech; neither are slander or libel. When verbal conduct is severe of pervasive, directed at an individual or group, and creates an intimidating or hostile environment or unreasonable interfers with a person's work or academic performance, it is harassment.
As students, faculty, and staff and as an educational institution, we can individually and collectively use "more speech" to prevent and respond to offensive speech by others. We can: --Promptly and clearly speak out against such words and actions when they occur. --Be models of the type of civil, respectful behavior that is expected of everyone in the University. --Resolve disputes in an open, mature manner through discourse, mediation, and education. --Actively work to promote a campus climate and work environment that is open to and welcomes all person.
WHERE TO GO FOR HELP If you have questions or concerns about discriminatory harassment, contact: Kathleen A. Roberts, Executive Director, Office of Campus Diversity and Equity, 732 Law Building, Portland, 780-5094 (voice) 780-5646 (TTY/TDD)
To request a list of alternate investigators for situations involving discriminatory harassment, contact: the Office of Campus Diversity and Equity, 780-5094 (voice) 780-5646 (TTY/TDD)
If you have questions or concerns about other forms of harassment by an employee, contact: Division of Human Resources, 128 School Street, Gorham 780-4777 (voice) 780-5586 (TTY/TDD)
To file a formal complaint of discriminatory harassment or any other form of harassment by a student, contact: Assistant to the Vice President for Student Development for Community Standards, 125 Upton Hall, Gorham 780-5242 (voice) 780-5646 (TTY/TDD)
To report a hate crime or bias incident, contact the campus or local police department or the State of Maine Attorney General's Office at: (207)626-8800.
To file a complaint of discriminatory harassment with the Maine Human Rights Commission, contact: (207)624-6050 (voice) (207)624-6064 (TTY/TDD)
To file a complaint of discriminatory harassment
with the Office for Civil Rights, U.S. Department of Education, contact:
(617)223-9662