I. Introduction The Catholic University of America is committed to maintaining a positive learning and working environment for students, faculty and staff.  Sexual harassment, a form of sex discrimination, detracts from a positive environment and is absolutely prohibited. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive work or learning environment. This policy also prohibits consensual sexual or dating relationships where there is an institutional power difference between the parties involved, for example, between a supervisor and an employee, or between a faculty and a student, a coach and an athlete, or an academic advisor and an advisee. Relationships with this power disparity may cast doubt on the objectivity of the supervision and evaluation provided, and may result in claims of sexual harassment and questions about the voluntariness of the relationship. II. Definitions A. Sexual harassment is a form of sex discrimination and, as such, is prohibited at The Catholic University of America.  The university is committed to maintaining a positive learning and working environment for students, faculty and staff, and will not tolerate sexual harassment.  Sexual harassment is defined as any unsolicited, offensive behavior that inappropriately asserts sexuality over status as a student or an employee, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: Submission to sexual harassment is made either explicitly or implicitly a term or condition of employment or academic admission or advancement. Submission to or rejection of sexual harassment is used as the basis (or threatened to be used as the basis) for employment actions or academic decisions or evaluations. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive work or learning environment.   B. Employee: Anyone employed by the Catholic University of America as faculty or staff, full or part time. C. Supervisor: Anyone who oversees, directs or evaluates the work of others, including but not limited to, managers, administrators, coaches, directors, deans, chairs, advisors, teaching assistants, as well as faculty members in their role as instructors, as supervisors of their staff, and as participants in decisions affecting the careers of other faculty members. D. Faculty: All those charged with academic instruction and advising, including fulltime faculty, adjunct faculty, teaching assistants and academic advisors. E. Students: All those enrolled full time or part time in any program of CUA. F. Consensual relationships: Consensual dating and sexual relationships willingly undertaken by the parties.   III.Sexual Harassment Sexual harassment can occur between/among supervisors/managers and subordinates, faculty and staff or students, peers, vendors/subcontractors/visitors and employees or students, or any combination thereof.  Often, but not always, the harasser is in a more powerful position than the person being harassed.  In such situations sexual harassment is particularly serious because it may unfairly exploit the power inherent in a supervisor’s or faculty member’s position.  All forms of sexual harassment are violations of the university’s policy and will not be tolerated.   Reprisals or retaliation towards any person for alleging sexual harassment or for filing a sexual harassment complaint or other charge under this policy is illegal and a violation of university policy.  Any person who retaliates against a complainant will be subject to disciplinary action up to and including, in the case of an employee, termination of employment, and in the case of a student, expulsion.    Knowingly making false allegations of sexual harassment or providing evidence with the knowledge that it is false is also a violation of university policy and will subject a person to disciplinary action up to and including discharge or dismissal.   Those persons responsible for consulting about, investigating and resolving complaints of sexual harassment will make reasonable efforts to protect the privacy of both the complainant and the respondent.   Any Supervisor, Department Chair, Dean or Administrator who receives or becomes aware of a complaint of sexual harassment or other violation of this policy should report the complaint to the Director of Equal Opportunity or the Office of the General Counsel as soon as possible and normally within three workdays.  All complaints of sexual harassment, investigation documents and documents relative to the resolution of the complaint will be maintained in a confidential file in the Equal Opportunity Office.   In cases where it is determined that sexual harassment occurred, the university will take appropriate disciplinary action with or without concurrence from the complainant.   IV. Prohibition on Consensual Relations with Students or Subordinates The Catholic University of America seeks to maintain a professional and ethical educational environment. Actions of faculty members (including adjunct faculty), professional staff members and academic administrators that are unprofessional are inconsistent with the university’s educational mission. It is essential that those in a position of authority not abuse the power with which they are entrusted. Employees should be aware that consensual dating or sexual relationships may result in claims of sexual harassment because the voluntariness of the consent may be questioned when a power differential exists between the individuals in the relationship. A consensual dating or sexual relationship between a staff employee, a member of the faculty (including adjunct faculty) and a student or an employee that the staff/faculty directly supervises is prohibited when the staff/faculty has any current or foreseeable professional responsibility for the student or the employee. Voluntary consent by the student/employee in such a relationship is suspect, given the fundamental nature of such a relationship. Moreover, others in the work or learning environment may be affected by such behavior. Therefore, it is deemed unprofessional and a violation of university policy for any member of the faculty or staff to engage in a dating or sexual relationship, whether or not consented to, with a student or employee whom he/she instructs, evaluates, supervises, or advises, or over whom he/she is in a position to exercise authority in any way, now or in the foreseeable future. * A violation of this prohibition may result in disciplinary action including dismissal for unprofessional conduct, following the appropriate employment procedures.   In the event that a prohibited consensual relationship is in existence at the time of the adoption of this policy, the supervisor must disclose the relationship to the appropriate superior and initiate arrangements to address any conflict of interest issues.          * In accord with the Employment Practices and Procedures Policy, members of the immediate family may not be assigned to a position in which one would have direct or indirect administrative or supervisory responsibility for the other or be in a position to influence the terms or conditions of the other person’s employment. “Immediate family" is defined as a spouse, child, including adopted and step child, parent, parent-in-law, sibling, or legal guardian.