Section 8-A352. SEXUAL HARASSMENT

 

352.1It is the policy of the District of Columbia School of Law to maintain an academic and employment environment free of sexual harassment. Sexual harassment by a faculty member, employee, or student is prohibited.

 

352.2For purposes of this section, sexual harassment shall include unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature when any one (1) or more of the following additional factors is applicable to the unwelcome conduct:

 

(a)Submission to unwelcome sexual conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, academic status, or participation in any law school activity;

 

(b)Submission to or rejection of the unwelcome sexual conduct by an individual is used as a basis for employment or academic decisions affecting that individual; or

 

(c)The unwelcome sexual 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.

 

352.3A student, faculty member, or non-faculty employee who desires to bring a complaint against a faculty member or non-faculty employee shall bring the complaint informally to the Dean's designee within ninety (90) days of the last act of alleged harassment.

 

352.4The Dean's designee will hear the informal complaint and seek to resolve the complaint to the satisfaction of the complainant. The Dean's designee shall inform the complainant of alternative procedures available to the complainant under federal and District law and regulations.

 

352.5If the problem cannot be resolved informally within five (5) working days, or within any extended period agreed to by the complainant, the complaint shall be put in writing, signed by the complainant, and delivered to the Dean's designee. Upon receipt, the faculty member or non-faculty employee against whom the formal complaint has been filed shall be provided with a copy of the written complaint. The Dean's designee shall investigate the complaint and make appropriate recommendations to the Dean. The Dean shall make the final decision regarding the complaint and execute final action or sanctions in accordance with the Dean's authority and responsibilities under governing adverse action procedures and other applicable rules.

 

352.6A student, faculty member, or non-faculty employee who desires to bring a complaint against a student shall follow the procedures set forth in the Student Handbook.

 

352.7If a sexual harassment complaint is against the person named as the Dean's designee under §352.3, the complaint shall be made directly to the Dean. If a sexual harassment complaint is against the Dean, the complaint shall be made directly to the Chairperson of the Board of Governors.

 

352.8During the informal complaint stage, all reasonable efforts shall be made to ensure the confidentiality of information received, including the identities of the parties. The identity of the complaining party may be disclosed to the accused during the informal resolution process only if the complaining party gives permission.

 

352.9If, at any time in the process, either because of circumstances or other applicable procedures (such as adverse action against an employee), it is not possible for the responsible official(s) to maintain confidentiality and still conduct a review, investigate, resolve, or obtain final action or sanctions on the complaint, the complaining party will be informed and be given the option of proceeding without confidentiality or to withdraw the complaint and terminate the process.

 

352.10The Dean, in consultation with the faculty, may establish additional written procedures and guidelines for prevention of sexual harassment and for responding to complaints of sexual harassment.

 

source

Final Rulemaking published at 40 DCR 2623 (April 23, 1993).