School of Medicine

HARASSMENT POLICY

All students have the right to work and learn in an environment that is conducive to learning, free from abuse, discrimination and/or harassment. Please see the Medical Student Handbook to read the entire Tulane University Harassment Policy.

A.   Statement of Philosophy

Tulane University is committed to creating and maintaining a campus environment where all individuals are treated with respect and dignity and where all are free to participate in a lively exchange of ideas.  Each student has the right to learn and each employee has the right to work in an environment free of sexual and other forms of harassment and one in which ideas may be freely expressed.

At Tulane University, harassment, whether verbal, physical, written, or visual, is unacceptable and will not be tolerated.  Harassment is unlawful and hurts all members of the educational community.  Each incident of sexual harassment contributes to a general atmosphere in which other members of the victim's sex suffer the consequences and in which all students and employees may feel that their safety and equality are compromised.  Other forms of harassment have a similarly negative effect on members of the community.   Harassment has no legitimate educational purpose.  Any employee or student, male or female, who engages in conduct prohibited by this policy, shall be disciplined as provided by law, university policies, and applicable employment agreements.

Tulane will not tolerate any harassment of anyone affiliated with Tulane by anyone affiliated with Tulane (including non-employees, such as vendors and independent consultants), and will not tolerate adverse academic or employment actions, including but not limited to, termination of anyone reporting harassment or providing information related to such a complaint. 

B.  Principles

Tulane University recognizes the tension between protecting all members of the University community from harassment and protecting academic freedom and freedom of expression.  It is the policy of the institution that no member of the community may harass another.  Conduct that reasonably serves a legitimate educational purpose, including pedagogical techniques, does not constitute harassment.  In the educational setting within the University, wide latitude for professional judgment in determining the appropriate content and presentation of academic material is required.  Those participating in the educational setting bear a responsibility to balance their rights of free expression with a consideration of the reasonable sensitivities of other participants.  Therefore, this policy against harassment shall be applied in a manner that protects academic freedom and freedom of expression include but are not limited to the expression of ideas, however controversial, in the classroom setting, academic environment, university-recognized activities, or on the campus.

Nothing contained in this policy shall be construed to limit the legitimate exercise of free speech, including but not limited to written, graphic, or verbal expression that can reasonably be demonstrated to serve legitimate educational or artistic purposes nor shall this policy be construed to infringe upon the academic or artistic freedom of any member of the University.   Artistic expression in the classroom, studio, gallery and theater merits the same protection of academic freedom that is accorded to other scholarly and teaching activities.

C.  Policy Coverage

All faculty, administrators, staff, students, and individuals affiliated with Tulane University by contract (including non-employees, such as vendors and independent contractors) are bound by this policy.  This policy protects men and women equally from harassment, including same-sex harassment, and protects students from harassment by other students.

D.  Sexual Harassment

I.  Definition of Sexual Harassment

Sexual harassment is unwelcome behavior of a sexual nature by faculty, administrators, staff, students, and individuals affiliated with Tulane University by contract (including non-employees, such as vendors and independent contractors) or by anyone with whom one interacts in order to pursue educational or employment activities at Tulane University.  For the purposes of this policy, sexual harassment is defined as unwelcome advances, requests for special favors, and any other verbal, written, physical or other conduct of a sexual nature when:

1. Submission to such conduct by an individual is implicitly or explicitly made a condition of an individual's employment or educational status or participation in University programs or activities;
2. Submission to or rejection of such conduct by an individual is used as a factor in decisions affecting that individual's ability to learn or participate in school activities, or in hiring, evaluation, retention, promotion, or any other aspect of employment; or
3. Such conduct would be objectively regarded by a reasonable person as substantially interfering with an individual's ability to learn or work or participate in University programs or activities by creating an intimidating, hostile, or offensive school or work environment even if the person engaging the conduct does not intend to interfere, intimidate, or be hostile or offensive.   For purposes of this paragraph 3, the conduct must be sufficiently severe, persistent, or pervasive that it creates a hostile or abusive educational or working environment.  For a one-time incident to rise to the level of harassment, it must be severe.

II. Examples of Sexual Harassment

Sexual harassment may include, but is not limited to, the following:

1.  Physical assaults of a sexual nature, such as rape, sexual battery, molestation, or attempts to commit these assaults; and intentional physical conduct that is sexual in nature such as touching, pinching, patting, grabbing, poking, or brushing against another individual's body.

2.  Offering or implying an employment-related reward (such as a promotion, raise, or different work assignment) or an education-related reward (such as a better grade, a letter of recommendation, favorable treatment in the classroom, assistance in obtaining employment, grants or fellowships, or admission to any educational program or activity) in exchange for sexual favors or submission to sexual conduct.
3.  Threatening or taking a negative employment action (such as termination, demotion, denial of an employee benefit or privilege, or change in working conditions) or negative educational action (such as giving an unfair grade, withholding a letter of recommendation, or withholding assistance with any educational activity) or intentionally making the individual's job or academic work more difficult because sexual conduct is rejected.
4.  Unwelcome sexual advances, requests for a romantic or sexual relationship to an individual who indicates or has indicated in any way that such conduct is unwelcome, propositions, or other sexual comments, such as sexually-oriented gestures, noises, remarks, jokes, questions, or comments about a person's sexuality or sexual experience directed at or made in the presence of any individual.

 III. Other Forms of Harassment

Harassment, other than sexual harassment, is verbal, physical, written, or other conduct that denigrates or shows hostility or aversion to an individual on the basis of gender, race, color, religion, age, national origin, ethnicity, disability, veteran's status, sexual orientation, marital status, or any basis prohibited by law when from the objective standpoint of a reasonable person such conduct substantially interferes with an individual's work or school performance, creating an intimidating, hostile, or offensive working or learning environment even if the person engaging in the conduct does not intend to interfere, intimidate, or be hostile or offensive.  Harassment based on any of the characteristics listed above is strictly prohibited by this policy.  The conduct must be sufficiently severe, persistent, or pervasive that it creates a hostile or abusive educational or working environment.  A one-time incident may rise to the level of harassment.  However, such conduct must be severe. 

Complaints of harassment will be investigated and resolved in accordance with the terms of this policy.