COLUMBUS - The Ohio State University Board of Trustees adopted a revised Sexual Harassment Policy with supporting procedures at its meeting Friday (7/7). The policy, revised in response to recent decisions by the U.S. and Ohio supreme courts, applies to faculty, staff, students and volunteers.

"The policy increases emphasis on Ohio State's overriding responsibility to investigate and address sexual harassment," said Larry M. Lewellen, associate vice president for human resources. "We're moving into a more proactive position, to better protect and serve all members of the University community."

Major changes from the most recent version of the policy, last revised in 1993, include:

· Changing investigative options from a choice of "informal" and "formal" to a formal method involving the "department/unit" or "Office of Human Resources";

· Clarifying procedures for investigating allegations and informing supervisors about their individual liability and responsibilities;

· Providing guidelines on handling situations where sexual harassment is not found but there is evidence of inappropriate behavior;

· Articulating more clearly the rights of the alleged harasser; and

· Requiring training for all faculty or staff members authorized to receive and/or investigate allegations.

The policy and procedures were re-drafted by an Office of Human Resources ad hoc committee, comprised of staff from Human Resources and the Office of Legal Affairs, with two faculty members added to the group in January. Since the fall of 1999, the draft revisions have gone through two rounds of feedback solicited from a number of campus governance groups and administrative offices.

During the summer of 1998, several decisions made by the U.S. Supreme Court under Title VII -- which prohibits discriminatory practices in the workplace -- expanded employers' roles in preventing and reporting sexual harassment.

Among the changes affecting employers are: The definition of "supervisor" has been broadened; the totality of circumstances, not necessarily negative action -- such as a demotion or firing -- is considered when determining if harassment took place; and employers must demonstrate that all employees are aware of sexual harassment policies.

The revisions to Ohio State's policy are also in response to an Ohio Supreme Court case in 1999 which held that individual supervisors and managers could be sued in their individual capacity and held personally liable, along with their employers, for violations of the Ohio employment discrimination statute, Ohio Revised Code section 4112.

Cases involving student-on-student sexual harassment outside the employment setting will be the responsibility of the Office of Student Affairs, which will conduct the investigation and resolution of complaints in accordance with the Code of Student Conduct. Some student cases may be governed by Title IX, the legislation that prohibits discrimination on the basis of sex under any educational program or activity receiving federal aid.

Ohio State plans to widely communicate the policy to the University community, and provide sexual harassment training and education for faculty, staff, student and volunteer groups.

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(LO)