Sexual-harassment policy discussed
Faculty Senate expresses concerns regarding language, strictness of document

By MARA MCGINNIS
Reporter Assistant Editor

Faculty members raised several concerns regarding the nearly final draft of the university's long-anticipated document on sexual harassment at the Faculty Senate meeting Tuesday.

The 16-page document, which outlines the university policy on sexual harassment and complaint procedures, was drafted by the Committee on Sexual Harassment Policy and Procedures, a subcommittee of the university's Committee on Affirmative Action. The subcommittee is chaired by Margaret Acara, professor of pharmacology and toxicology. The document was introduced at the meeting by President William R. Greiner and Lewis Rosenthal, associate counsel in the Office of University Counsel.

Rosenthal noted that the document has been through "innumerable drafts" and said "its time has really come." He added that having such a document is "in the best legal interests of the institution because, without it, the institution is at risk."

James Holstun, associate professor of English, brought up several concerns. First, he said, the draft makes no mention of "sexual harassment on the basis of sexual orientation," which he described as "a pretty significant omission.

"This strikes me as one of the most important and vicious forms of sexual harassment that we have to confront now," he added.

Rosenthal pointed out that a note in the body of the definition of sexual harassment says that "sexual harassment may involve behavior by a person of either sex against a person of the same or opposite sex," but Holstun argued that this was not the sort of harassment he was referring to. Greiner said this particular document is about sex, not gender, and that Holstun's concern regarding sexual orientation is a separate discrimination issue covered by other university policies.

Another faculty concern was about the language in the following section: "Isolated instances, e.g., a sexual overture, comment or joke, ordinarily will not constitute sexual harassment unless the circumstances are egregious. Nor does such sexual behavior constitute harassment if it is welcomed (i.e., voluntary and consensual)."

Holstun said this statement is inconsistent with an earlier part of the definition that reads "Certain behavior can be classified as sexual harassment, even if a relationship appears voluntary in the sense that one was not coerced into participating. A central element in the definition of sexual harassment is that the behavior is unwelcome."

Senators offered detailed suggestions as to how the sentences could be reworked.

In response to concerns about the document not being as strict as it might be, Rosenthal said it is unrealistic to create a "zero-tolerance policy" since it would trivialize the document. "Within a university context, we have to be very careful because we generally allow for a wide range of expressive speech," he said.

Holstun also said he was wary about the selection method for those investigating complaints since it seemed as if too much power was vested in too few people for the entire investigation process. He also pointed out that the policy does not address what the procedure would be if the charged party happens to be a senior administrator.

Rosenthal said that procedures addressing such a situation were in an earlier draft but were deleted for "some editorial reason" to make the document "more manageable."

Tracy Gregg, assistant professor of geology, said she thought that the time period stated in the policy as "one year after the student is no longer under the faculty member's academic or clinical medical supervision," is insufficient for students, particularly in the case of freshmen, to file a complaint.

Rosenthal replied that he believed this to be a "fairly generous" time frame and said he was not sure if "investigating stale, difficult to investigate, but otherwise legitimate complaints, is worth it."

In response to a point that legal counsel ought to be able to be present during the investigative process and hearing, Greiner said that "we're not talking about a trial here; we're talking about an investigative procedure, an administrative process."

Another concern was whether or not the person filing a complaint would be required to demonstrate harm. Rosenthal said the harm element is not required if the party filing the complaint can establish that harassment created a hostile environment.

Greiner emphasized that the document makes for rather complex interpretations, since it tries to cover two somewhat different sets of interests: "the internal interests of the institution in discouraging this type of behavior because it is disruptive, inappropriate and something we would rather not happen at our institution, and interests of the university as a corporate body, or as an employer, which could be made liable as an organization if sexual harassment were to occur."

Acara stressed that there is an educational component within the procedures through which "prevention becomes an important part of this document."

In other business, the senate passed a resolution calling for the assessment of all educational programs at the university to be conducted frequently by the faculty. The proposal was developed by the Education Programs and Policy Committee chaired by Jack Meacham, SUNY Distinguished Teaching Professor and chair of the Department of Psychology.

Also, reporting on last month's meeting of the SUNY Faculty Senate, Judith Adams-Volpe, director of Lockwood Library, notified senators that the SUNY administration released "Policy Guidelines on the Consideration of Graduate Programs" in September without any consultation with, or notification to, the Faculty Senate. The policy calls for graduate programs to be offered at the university centers, with exceptions for three "specialized" campuses, and will make it more difficult for graduate programs to be approved at the four-year colleges. It also calls for some specialization among the centers, requiring that programs "not unnecessarily duplicate resources."