Harassment Information

In some cases, the University's conduct code applies to situations of racial, gender, or sexual orientation harassment by a student. When a case is filed, the same procedures apply for the person making the complaint and for the student accused as with other types of non-academic misconduct. You may want to see the web pages How Do I File a Complaint? and What Happens if a Complaint is Filed Against You?.

Victims are also encouraged to consider the options of filing criminal or civil charges as a result of the incident. Choosing to file a complaint under the University conduct program does not preclude using these other remedies. One should contact a police officer or attorney to explore those possibilities.

Rules

The University of Oregon Student Conduct Code has several rules that apply to situations of racial, gender, sexual orientation, or other types of harassment. These regulations have been adopted as a way to define the limits of one's right to free speech in relation to other's rights. When evaluating the legality of an act, the specific wording of the relevant offense must be judged in the context of the actual behavior which occurred.

Those rules read as follows:

Offense 19

Harassment on University property or at University-sponsored or supervised activities, because of another person's race, color, gender, national origin, age, religion, marital status, disability, veteran status, or sexual orientation, or for other reasons accomplished by:

Offense 21

Stalking, defined as repeatedly contacting another person when

As used in this subsection, "contacting" includes but is not limited to communicating with or remaining in the physical presence of the other person.

Offense 22

Prohibited discrimination, discriminatory harassment and sexual harassment as defined relevant to student conduct in OAR 571-03-025.

An excerpt from OAR 571-03-025 which defines prohibited conduct reads:

(d) Discriminatory harassment is defined as any conduct that either in form or operation unreasonably discriminates among individuals on the basis of age, disability, national origin, race, marital status, religion, gender or sexual orientation, and that is sufficiently severe or pervasive that it interferes with work or academic performance because it has created an intimidating, hostile, or degrading working or academic environment for the individual who is the object of such conduct, and where the conduct would have such an effect on a reasonable person of the alleged victim's status. Discriminatory harassment will not be found in the decision to select, include, or assign course or reading materials or curricular content or in the consideration of research topics or investigatory questions within the educational and research activities of University employees and students. However, if specific behaviors or actions opportunistically recur in an educational setting and can be shown by clear and convincing evidence to have been calculated to inflict harm on one or more of the participants, this exception shall not apply;

Several other rules may apply to the situation, for example;

Offense 6: Physical abuse or imminent threat

Offense 7: Lewd or indecent conduct

Offense 20: Unwanted sexual behavior

Standard of Proof

As with other cases, cases are decided if the preponderance of the evidence (more than half) indicates some misconduct occurred. This is the same standard used in other administrative hearings and in civil actions, such as law suits. It is a much lower standard then used in criminal cases, which is the "beyond a reasonable doubt" standard.

Jurisdiction

Like other cases, the person accused must be a student to come under the jurisdiction of the Code.* The victim can be any person if the incident took place on campus or at a University sponsored or supervised event, however co-op, fraternities, and sororities are not University property or University supervised.

If a conduct case is to be pursued, charges must be filed against the student within 6 months of the time any University employee became aware of the incident. Since evidence is easier to obtain, the sooner the decision can be made, the better.

*If the person accused is a faculty member or University employee, you should contact the Office of Affirmative Action. That office is in Oregon Hall, room 474; phone 346-3123. You may be assisted in those cases by the Office of Student Advocacy; phone 346-3722.

Victim's Rights

You have the right to make your own decision about what you want to do as a result of the incident. Staff in the Conduct Program and Office of Student Life are available to advise you of your options and support you in your decision. The only exception to this is that the University must proceed without your consent when there is imminent threat to the safety of other members of the University community.

You have the right to privacy and confidentiality. The University will not release your name to anyone, with one exception. If you decide to file a complaint, the accused has a right to see the complaint and know your name.

If you decide you want to file a complaint through the conduct program, the Director of Student Judicial Affairs will meet with you to discuss your situation and ask what outcome you would like to see.

You will discuss how cases are resolved by both the formal and informal procedures (see What Happens if a Complaint is Filed Against You?) and your role in either method. The basic difference is that if the case is handled formally, you must be willing to appear before the hearing's officer and in the same room as the accused student, to tell what happened. You may be cross-examined, but the University's role is to substantiate the charges that have been brought.

If the case is handled informally, you only have to tell your story to the conduct staff member, without the accused student being present. Informal cases cannot be appealed, but expulsion, suspension from the University, or negative notations on transcripts cannot be imposed.

In either case, you will be allowed to tell what happened to you and how it has effected you. You have the right to have an advisor or support person with you in any meeting you have about the incident with University personnel. In all cases, it is the University's responsibility to present all available evidence.

You have the right to apply for what is called "Party Status" in a formal case. That would allow you to remain in the room throughout the hearing to participate in all the proceedings, such as cross-examining other witnesses. See OAR 571-02-010.

If I am the Victim of Harassment, What Should I Do Next?

If you have any concern for your immediate safety, contact the Office of Public Safety (346-6666) or the Eugene Police (911) immediately. If you call the police, an advocate from Victim's Services may help you.

For help in coping with the strong feelings often caused by such an incident, you are encouraged to see a counselor. She or he may also be of assistance to you in deciding what other steps you want to take. If you are a University student, you may see someone in the University Counseling Center on campus. They are located on the second floor of the Student Health Center building.

If you have health concerns and you are a student, you may want to see a physician in the Student Health Center.

The ASUO Women's Center is available for those who would like information and referral to campus and community resources. The center is located in Suite 3 in the EMU.

The Director of the Gay, Lesbian, Bisexual, Transgendered Support Services Program is available to assist students, faculty, or staff members who have concerns. Stephanie Carnahan can be reached by calling 346-1134.

For some reason if you don't want to report such an incident to listed offices, but want someone to know what happened, you may use an Unofficial Report form. You can remain anonymous. Reporting helps those on campus who are working for harassment prevention to get a better ideas of what sorts of problems students are having. Forms can also be used to get you in contact with support services. The Race Task Force, the Women's Center, and the Director of the LGBT Support Services Program are available to assist you.

There is a form for incidents of racial intimidation/ harassment and another form for harassment/intimidation based on sexual orientation. The report forms are available throughout campus, including the EMU (Women's Center & Multicultural Center) , the Counseling Center, the Office of Student Life and the Office of Student Advocacy.

In some cases, the victim may wish to resolve the situation through the process of mediation, however that is not an option when any violence is involved. To explore this option, contact the Mediation Program at 346-4240.

If you need to get excused from classes as a result of the situation, contact a staff member in either the Office of Student Life or Academic Advising and Student Services, both in Oregon Hall. The Director of Student Judicial Affairs can also assist you with that.

If you want to get information about what will happen if you file a complaint, make arrangements to see the Director of Student Judicial Affairs. Confidential appointments can be made by calling 346-1140.