I.  Sexual Harassment Complaint Procedures Any CUA student, faculty or staff member (“affiliated individual”) who believes he or she has been sexually harassed by another CUA affiliated individual, should report the incident to the director of equal opportunity (“DEO”).  A student may report the incident to the Dean of Students or designee (“Dean”), who will forward the complaint to the DEO.  The DEO will notify the Dean of any complaint reported directly by a student.  The DEO will conduct an investigation and, at the conclusion of the investigation, will normally take one of the following courses of action: If an investigation reveals that there is insufficient evidence to support the allegation of sexual harassment, the complaint will be dismissed. If the DEO determines that there is sufficient evidence to indicate that the allegations of sexual harassment have merit, but the behavior is not serious enough to warrant, in the case of an employee, termination of employment, or in the case of a student, eviction from residence or suspension/expulsion from the University, the DEO shall normally proceed as follows:  a.  If the respondent is a student, the DEO will forward an investigation report to the Dean.  The Dean and/or DEO will consult with the complainant about informal methods of resolving the complaint, including discussing the allegations with the alleged harasser. If the complainant does not wish to participate in an informal resolution or if an informal resolution is not successful, the case will be resolved under the Code of Student Conduct.   b.  If the respondent is a staff member, the DEO will consult with the complainant about informal methods of resolving the complaint, including discussing the allegations with the alleged harasser. If the complainant does not wish to participate in an informal resolution or if an informal resolution is not successful, the DEO may proceed in consultation with the respondent’s supervisor to eliminate the sexual harassment and ensure that the behavior does not recur.   c.  If the respondent is a faculty member, the DEO, in conjunction with the respondent’s academic Dean or the Provost, will consult with the complainant about informal methods of resolving the complaint, including discussing the allegations with the alleged harasser.  If the complainant does not wish to participate in an informal resolution or if an informal resolution is not successful, the DEO may proceed in consultation with the respondent’s academic dean to eliminate the sexual harassment and ensure that the behavior does not recur.  3.   If the preliminary investigation reveals evidence indicating that the allegations have merit and the violations are so serious as to warrant formal disciplinary action, including, in the case of an employee, termination of employment, or in the case of a student, eviction from residence or suspension/expulsion from the University, the DEO shall normally proceed as follows: a.  If the respondent is a student, the DEO forward an investigation report to the Dean.  The case will be resolved under the Code of Student Conduct.    b.  If the respondent is a staff member, the DEO will inform the respondent’s supervisor or director that the investigation resulted in an investigation resulted in a determination that sexual harassment occurred and will recommend appropriate disciplinary action.  The case will be resolved under the procedures outlined in the Staff Handbook.   c.  If the respondent is a faculty member, the DEO will inform the respondent’s academic dean or the Provost that the investigation resulted in a determination that sexual harassment occurred and will recommend appropriate disciplinary action consistent with the Faculty Handbook. II.  Students Any CUA student who suspects that she or he has been sexually harassed by another student, a faculty member or a staff member should report the incident to the Dean of Students or to the Equal Opportunity Officer. The Equal Opportunity Officer will consult with the Dean of Students, conduct an investigation and, at the conclusion of the investigation, will take one of the following courses of action: If a preliminary investigation reveals that there is insufficient evidence to support the allegation of sexual harassment, the complaint will be dismissed. If the Equal Opportunity Officer determines that there is sufficient evidence to indicate that the allegations of sexual harassment probably have merit, but the behavior is not serious enough to warrant suspension, discharge or dismissal, the Equal Opportunity Officer will consult with the complainant about informal methods of resolving the complaint, including discussing the allegations with the alleged harasser. If the complainant does not wish to participate in an informal resolution or if an attempt at informal resolution is not successful, the Equal Opportunity Officer may proceed without the complainant to attempt a resolution to eliminate the sexual harassment and ensure that the behavior does not recur. If the alleged harasser and the complainant are both students and the complainant wishes to file a peer harassment complaint as a violation of the Student Code, the complaint will be handled by the Student Judiciary in accordance with the procedures described in the Student Handbook unless the Vice President of Student Life determines that the complaint should be handled administratively. In the case of administrative discipline, the respondent may use the appeal process described in the Student Handbook. If the respondent is a staff or faculty member, the Equal Opportunity Officer will conduct the investigation. The complaint will be handled in accordance with the procedures described in paragraphs in sections III and IV of this policy.  III. Staff If a CUA staff member believes that she or he has been sexually harassed by a CUA staff member, faculty member or student, she or he should report the incident to the Equal Opportunity Officer. If a student is involved, the Equal Opportunity Officer will notify the Dean of Students. The Equal Opportunity Officer will normally take one of the following courses of action: If a preliminary investigation indicates that there is insufficient evidence to support the allegation of sexual harassment, the complaint will be dismissed. If preliminary information indicates that there is sufficient evidence to determine that the allegations of sexual harassment probably have merit, but the behavior is not serious enough to warrant discharge, the Equal Opportunity Officer will consult with the complainant about informal methods of resolving the complaint, including discussing the allegations with the alleged harasser. If the complainant does not wish to participate in an informal resolution or if an informal resolution is not successful, the Equal Opportunity Officer may proceed without the complainant to attempt a resolution to eliminate the sexual harassment and ensure that the behavior does not recur. The respondent may appeal the decision in accordance with the grievance procedures defined in the Staff Handbook (if the respondent is a staff employee) and in the Faculty Handbook (if the respondent is a faculty member). If the preliminary information reveals evidence which indicates that the allegations of sexual harassment probably have merit and are so serious as to warrant terminating the respondent's employment if the allegations are determined to be accurate, the Equal Opportunity Officer will conduct a complete investigation. If the respondent is a student, the Dean of Students will determine and administer the appropriate disciplinary action. If the respondent is a staff member, the Equal Opportunity Officer will recommend appropriate disciplinary action to the department head. If the respondent is a faculty member, and his or her behavior warrants discipline less severe than discharge, suspension or reassignment in lieu of suspension, the Equal Opportunity Officer will recommend sanctions to the faculty member's dean or to the Provost. IV.  Faculty If a faculty member believes that she or he has been sexually harassed by a CUA faculty member, staff member or student, the alleged harassment should be reported to the Equal Opportunity Officer. If a student is involved, the Equal Opportunity Officer will inform the Dean of Students. The Equal Opportunity Officer will normally take one of the following courses of action: If a preliminary investigation indicates that there is insufficient evidence to support the allegation of sexual harassment, the complaint will be dismissed. If the preliminary information indicates that there is sufficient evidence to determine that the allegations of sexual harassment probably have merit, the Equal Opportunity Officer will consult with the complainant about informal methods of resolving the complaint, including the option of discussing the allegations with the alleged harasser. If the complainant does not wish to participate in an informal resolution or if an informal resolution is not successful, the Equal Opportunity Officer may proceed without the complainant to attempt a resolution to eliminate the sexual harassment and ensure that the behavior does not recur. If the preliminary investigation reveals evidence which indicates that the allegations probably have merit and are so serious as to warrant formal disciplinary action including possible discharge, the Equal Opportunity Officer proceed as follows: a. If the respondent is a student, the Dean of Students will determine and administer the appropriate disciplinary action. b. If the respondent is a staff member, the Equal Opportunity Officer will recommend appropriate disciplinary action to the department head. c. If the respondent is a faculty member, and his or her behavior warrants discipline less severe than discharge, suspension or reassignment in lieu of suspension, the Equal Opportunity Officer will recommend sanctions to the faculty member's dean or to the Provost. In cases where the faculty member's behavior warrants discharge, suspension, or reassignment in lieu of suspension, the Equal Opportunity Officer may recommend to the President that termination proceedings be initiated. If the President accepts the recommendation, the matter will proceed in accordance with Part II, Article 24 (Dismissal for Cause) of the Faculty Handbook. Faculty members may appeal the disciplinary action to the Faculty Grievance Committee.