General Orders Details

Purpose

To state the Indiana University Police Department (IUPD) prohibits sexual or other unlawful harassment, describe reporting procedures, and list training requirements.

General Order

Indiana University and the IUPD strictly prohibit sexual or other unlawful harassment. The IUPD will comply with Indiana University’s UA-03 Discrimination, Harassment, and Sexual Misconduct policy, which includes reporting and training requirements.

Definitions

Harassment – As defined in Indiana University policy UA-03 Discrimination, Harassment, and Sexual Misconduct, harassment prohibited is verbal or physical conduct, or conduct using technology, directed toward someone because of their membership in a protected class (or a perception that someone is a member of a protected class) that has the purpose or effect of substantially interfering with the individual’s access to education or work, or creating an intimidating, hostile or offensive working environment or academic experience.

The behavior must create a hostile environment from both a subjective and objective perspective such that it unreasonably interferes with, limits, or deprives a member of the university community of the ability to participate in or to receive the benefits, services, or opportunities from the university’s education or employment programs and/or activities.

Examples of harassment can include offensive jokes, slurs, name-calling, intimidation, ridicule or mockery, or displaying or circulating offensive objects and pictures that are based on a protected class, including sex and gender-based harassment.

Harassment not based on membership in a protected class that has the purpose or effect of substantially interfering with the individual’s access to education or work, or creating an intimidating, hostile or offensive working environment or academic experience, is also prohibited and will be addressed by the appropriate university process.

Sexual harassment – Is defined in Indiana University policy UA-03 Discrimination, Harassment, and Sexual Misconduct, and includes sexual assault, dating violence, domestic violence and stalking.

For Title IX complaint resolution procedures, sexual harassment is defined as conduct on the basis of sex that is sexual in nature that satisfies one or more of the following:

• An employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct; and/or
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.

Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances as the Complainant, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

For university complaint resolution procedures, sexual harassment is defined as conduct on the basis of sex that is sexual in nature that satisfies one or more of the following:

• A member of the university conditioning the provision of an aid, benefit, or service of the university, on an individual’s participation in unwelcome sexual conduct.
• Unwelcome conduct determined by a reasonable person to be so severe, pervasive or persistent, and objectively offensive, that it effectively denies a person equal access to the university’s education program or activity.

Severity, pervasiveness, persistence, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances as the Complainant, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Reporting procedures (4.1.2 a)

The IUPD will follow the reporting procedures outlined in the UA-03 Discrimination, Harassment, and Sexual Misconduct policy. The IUPD encourages all employees who have experienced sexual or other unlawful harassment to report what happened to the university sexual misconduct & Title IX coordinator or the deputy sexual misconduct & Title IX coordinator for their campus. Employees may also submit an anonymous report to the university via EthicsPoint at https://audit.iu.edu/anonymous-report/index.html#report. While this anonymous reporting option is available, employees should understand that due to the nature of certain claims, the University may be limited with respect to the information the University may be able to obtain and the action(s) it may be able to take in response to the report.

Any supervisor receiving information on an allegation concerning sexual or other unlawful harassment will promptly report the information to the university sexual misconduct & Title IX coordinator or the deputy sexual misconduct & Title IX coordinator for their campus. If the allegation is against an IUPD employee, supervisors will also create an entry into the Professional Standards System.

The IUPD will rely on Indiana University’s Office of Institutional Equity to investigate reports regarding allegations of sexual or other unlawful harassment.

Retaliation against anyone who makes a report of sexual or other unlawful harassment, or who participates in an investigation under any of the IU complaint resolution procedures set forth in UA-03 Discrimination, Harassment, and Sexual Misconduct, is prohibited and is a violation of university policy. Such action is cause for disciplinary action.

Initial and annual refresher training (4.1.2 b)

All IUPD employees will receive entry-level as well as annual training conducted by the IU Office of Institutional Equity.

Related Information

Indiana University

• UA-03 Discrimination, Harassment, and Sexual Misconduct
• UA-04 Whistleblower Protection