The University is committed to creating and maintaining a community in which students, faculty, administrative and academic staff can loam and work together in an atmosphere that enhances productivity and draws on the diversity of its members, an atmosphere free from all forms of disrespectful conduct, harassment, exploitation or intimidation, including sexual. The purpose of this policy is to foster a dialogue on positive and effective intergender communication and interaction but also to take whatever action may be needed to prevent, correct, and, when necessary, to discipline behavior which violates this policy.

In fulfilling its dual tasks of educating and providing public service, the University can, and shall demonstrate leadership in sensitizing and educating all members of its community to what is appropriate behavior between the genders. Sexual harassment is reprehensible in that it subverts the mission of the University and threatens the careers of students, faculty and staff. It is a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 and will not be tolerated at the University of New Mexico.
Sexual harassment is defined as follows: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when

1. Submission to such conduct is made either explicitly or implicitly a term or conduct of an individual's employment or academic advancement.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with- an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

In determining whether the alleged conduct constitutes sexual harassment, consideration should be given to the record as a whole and to the totality of the circumstances, including the nature of the sexual advances and the context in which the alleged incidents occurred. Retaliation against an employee or student for filing a sexual harassment complaint is grounds for a subsequent harassment complaint.

The University also disapproves of intimidating conduct of a sexual nature which does not rise to the level of the above definition of sexual harassment and which has a detrimental but limited impact on the work environments. Such conduct may include isolated sexual remarks, sexist comments or inappropriate physical behavior of a sexual nature. Responsible supervisors should strongly and actively discourage such conduct.

While sexual harassment most often takes place in a situation of power differential between the persons involved, this policy recognizes also that sexual harassment may occur between persons of the same University status: student-student, faculty-faculty, staff-staff. While the vast majority of victims are female, and the vast majority of offenders are male, the prohibition of sexual harassment applies regardless of the genders of the parties.

Sexual harassment is especially serious when it threatens the relationship between student and teacher, or the relationship between supervisors and their subordinates. Through grades, wage increases, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on a student's or employee's success and future career at the University and beyond.

For these reasons, a reaffirmation of a firm stand against sexual harassment and the establishment of procedures specifically designed to resolve complaints of sexual harassment are critically important for this institution.

Copies of the complete Discrimination Grievance Procedure may be obtained from the Student Services Center, Personnel Office, and the Director's Office. This is not the complete policy.

General
The University of New Mexico is committed to maintaining a workplace and learning environment free of discrimination. It is the policy of the University of New Mexico to work with students, faculty, and staff (employees) in finding fair and just solutions to problems of discrimination. The purpose of this procedure is to provide a mechanism by which all members of the University community can have allegations of discrimination heard, investigated, and resolved with fairness and objectivity, and without fear of reprisal.

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