Sexual Misconduct (CA)

The University’s Sexual Misconduct Policy, Resource Offices and Complaint Procedures information can be found in  this Almanac supplement.

 

The below section, which concerns harassment, violence, stalking and other forms of misconduct, applies in addition to, not instead of, the University’s policy on Sexual Misconduct, which is linked (via the Almanac supplement) above.

 

Sexual Harassment

As set forth more fully in the University’s Sexual Misconduct policy, the University strictly prohibits sexual harassment, sexual violence, relationship violence and stalking.  This addendum supplements the Sexual Misconduct Policy with respect to sexual harassment in the workplace for University employees who work in California.

Sexual Harassment Defined

Under California law, sexual harassment is unwelcome verbal or physical behavior based upon a person’s gender/sex and includes unwanted verbal or physical sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made a term or condition of employment; or
  • Submission to, or rejection of, such conduct is used as a basis for employment decisions affecting the individual; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment, even if the individual making the report is not the intended target of such conduct.

The following is a non-exhaustive list of the types of conduct prohibited by this policy:

  • Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates) or making or threatening reprisals after a negative response;
  • Offers of employment benefits in exchange for sexual favors;
  • Visual conduct: leering, making sexual gestures, displaying of pornographic or sexually suggestive images, objects, pictures, cartoons, graffiti, posters or websites on computers, emails, cell phones, bulletin boards, etc.;
  • Verbal conduct: making or using sexist remarks or derogatory comments based on gender, innuendos, epithets, slurs, sexually explicit jokes, whistling, suggestive or insulting sounds or lewd or sexual comments about an individual’s appearance, body, dress, sexuality or sexual experience;
  • Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually degrading commentary about an individual’s body or dress, sexually suggestive or obscene letters, notes, invitations, emails, text messages, tweets or other social media postings;
  • Physical conduct: unwelcome or inappropriate touching of a person’s body, physical violence, intimidation, assault or impeding or blocking normal movements;
  • Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or the status of being transgender, such as:
    • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
    • Sabotaging an individual’s work; and
    • Bullying, yelling, name-calling.

Sexual harassment can occur regardless of the gender of the person committing it or the person exposed to it. Harassment on the basis of an individual’s sexual orientation, self-identified gender, perceived gender, or transgender status are all forms of prohibited sexual harassment.

Raising a Concern

The Procedures for Resolving Complaints of Sexual Misconduct (Sections IV, V and VI of the Sexual Misconduct Policy) apply to those employees whose primary work location is in California. Any employee who believes they have been harassed, discriminated against, or subjected to retaliation or abusive conduct by a co-worker, supervisor, agent, client, vendor, customer, or any other third party interacting with the University in violation of the foregoing policies, or who is aware of such behavior against others, should immediately provide a written or verbal report to their supervisor, any other member of management, Wharton Human Resources, or by calling Penn’s Confidential Reporting and Help Line at 215-P-COMPLY Employees are not required to make a complaint directly to their immediate supervisor. Employees who believe that the conduct of another may violate the Sexual Misconduct policy are encouraged, but not required, to communicate to the offending person that the conduct is offensive and unwelcome.  Supervisors or managers who receive a complaint or information about suspected sexual harassment involving another employee or a third party involved in the workplace (vendors, contractors, etc.), observe employment-related behavior that may violate this policy or for any other reason suspect that unlawful harassment is occurring in employment, are required to report such suspected sexual harassment following the procedures set forth in this Policy and the Sexual Misconduct Policy.  Reports of sexual harassment can be made verbally or in writing.

After a report is received or the University otherwise becomes aware of a possible violation of this policy, a fair, timely, thorough and objective investigation will be undertaken as set forth more fully in the Sexual Misconduct Policy. The University will maintain confidentiality surrounding the investigation to the extent possible, consistent with a thorough and objective investigation, and to the extent permitted or required under applicable law and University policy.

On completion of the investigation, the University will communicate its conclusion as soon as practical.  If the University determines that the Sexual Misconduct Policy and/or this addendum has been violated, appropriate action will be taken to address the violation and to deter such conduct in the future.

The federal Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) will accept and investigate charges of unlawful discrimination or harassment at no charge to the complaining party. Information may be located by visiting the agency website at www.eeoc.gov or www.crd.ca.gov.  The CRD Sexual Harassment Prevention training may be accessed here: Sexual Harassment Prevention Training – Landing page | CRD (ca.gov)

Retaliation is prohibited against any person covered by this policy who, in good faith, makes a complaint of sexual harassment, either internally or with a government agency, objects to, opposes or speaks out against sexual harassment; participates in a sexual harassment investigation; encourages another person to report harassment; or files, testifies, assists or participates in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency.