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Yale University |
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Sexual harassment is antithetical to academic values and to a work environment free from the fact or appearance of coercion. It is a violation of University policy and may result in serious disciplinary action. Sexual harassment consists of non-consensual sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature on or off campus, when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing; or (2) submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating or hostile academic or work environment. Sexual harassment may be found in a single episode, as well as in persistent behavior. Conduct that occurs in the process of application for admission to a program or selection for employment is covered by this policy, as well as conduct directed toward University students, postdoctoral appointees, faculty, or staff members.
A student complaint of sexual harassment by a faculty member may be reviewed under the grievance procedures of the student’s school or under the Provost’s Procedure for Student complaints. A staff member’s complaint of sexual harassment by a faculty member may be reviewed under the appropriate staff grievance procedures. Faculty members who believe they have been sexually harassed may use the complaint review procedure described in Section III.L or III.M. Any faculty member concerned about an issue of sexual harassment is encouraged to discuss it with the dean of his or her school, the Office of the Provost, or the school’s or University’s Title IX Coordinator.
The integrity of the teacher-student relationship is the foundation of the University’s educational mission. This relationship vests considerable trust in the teacher, who, in turn, bears authority and accountability as a mentor, educator, and evaluator. The unequal institutional power inherent in this relationship heightens the vulnerability of the student and the potential for coercion. The pedagogical relationship between teacher and student must be protected from influences or activities that can interfere with learning consistent with the goals and ideals of the University. Whenever a teacher is responsible for directly supervising a student, a sexual relationship between them is inappropriate. Any such relationship jeopardizes the integrity of the educational process by creating a conflict of interest and may lead to an inhospitable learning environment for other students.
Therefore, no teacher shall have a sexual relationship with a student over whom he or she has direct supervisory responsibilities, regardless of whether the relationship is consensual. Teachers must avoid sexual relationships with their students, including those for whom they are likely to have future supervisory responsibility. Conversely, teachers must not directly supervise any student with whom they have a sexual relationship. Violations of or failure to correct violations of these conflict of interest principles by the teacher will be grounds for disciplinary action.
Teachers or students with questions about this conflict of interest policy are advised to consult with the department chair, the appropriate dean, the Provost, or one of their designates. If the issue cannot be resolved informally, a student may lodge a conflict of interest complaint with the dean of the school in which the student is enrolled or where the teacher exercises his or her supervisory responsibilities.
For purposes of this policy, “direct supervision” includes the following activities (on or off campus): course teaching, examining, grading, advising for a formal project such as a thesis or research, supervising required research or other academic activities, and recommending in an institutional capacity for employment fellowships or awards. “Teachers” includes, but is not limited to, ladder and non-ladder faculty as well as graduate and professional students and postdoctoral fellows and associates serving as teaching fellows or in similar institutional roles. “Students” refers to those enrolled in any and all educational and training programs of the University. Additionally, this policy applies to people in the Yale community who are not teachers as defined above, but have authority over students. Therefore, athletic coaches, supervisors of student employees, advisors and directors of student organizations, as well as others who advise, mentor, or evaluate students are covered by this policy.
The Resource Office on Disabilities facilitates individual accommodations for Yale undergraduate, graduate, and professional school students who have disabilities and who register with and have appropriate documentation on file in the Resource Office. Faculty members are notified in writing when students in their classes have disabilities and need accommodations for class work and exams. Some typical accommodations include extension of time on tests, a distraction-free testing location, use of a laptop computer to take an exam, and materials in alternate formats such as large print, Braille, or taped texts. The Resource Office staff welcome conversations with faculty members to ensure proper coordination of special arrangements for the student while maintaining the integrity of course requirements.
Since appointments are based on individual merit, there is no presumption against employing two members of the same family in one academic department or school. It is expected, however, that one member of a family will not be present during discussion of, nor participate in decisions affecting, the appointment, promotion, salary, or other terms of employment of another member of the family. In cases of doubt or conflict of interest, employment judgments should be determined by other qualified professional persons under the supervision of the Provost and the appropriate dean (in the case of academic appointments); or with the aid of the Human Resources Department (in the case of non-academic appointments).
A full-time member of the teaching faculty who is unable to meet his or her teaching responsibilities or perform other duties as a result of a planned or emergency short-term medical disability will be relieved of those duties, without loss of salary or benefits, during the period of incapacity, or for up to one semester if the incapacity would interrupt the teaching of courses by three or more weeks of the semester in which the interruption occurs. In such cases, the chair of the department or the dean of the school, in consultation with the Provost’s Office, will make such arrangements as are necessary and appropriate with regard to covering the teaching and other responsibilities, including the canceling of an affected course or the employment of substitute instructors. Outside the period of incapacity, the faculty member will be expected to meet department and University responsibilities other than teaching, including research, committee membership, and student advising, as are compatible with the medical situation. Should the medical incapacity prevent the faculty member from meeting his or her full teaching and other responsibilities for a period that extends into a second semester, the Provost’s Office should be consulted and the University’s long-term disability policy may be applied. Relief from teaching responsibilities as the result of medical disability is not considered a leave of absence. (See also Section VII.D.5, “Extensions of Appointment.”)
The following policies apply to faculty with tenure, faculty on term appointments, research faculty, and postdoctoral appointees who are drafted, enlist in the armed forces of the United States for five years or less, or are members of a reserve unit and are called to active duty for five years or less.
1. Faculty with Tenure
Tenured faculty members may rejoin the faculty after military service, upon application to do so within ninety days after release, honorable discharge, or retirement from such service, as though they had been on leave of absence without salary for the period of military service.
2. Faculty on Term Appointments
Faculty members on term appointments may, under federal law, return to their former position, or to a position of like seniority, status and pay, upon application to do so within ninety days after release, honorable discharge, or retirement from such service, for the number of semesters remaining in their original term of appointment at the time they entered military service. Any academic semester in which the faculty member is required to miss at least six weeks of that semester due to military service is not counted in the term of appointment or in determining the maximum time in a particular rank or in the combined non-tenure ranks.
3. Research Faculty and Postdoctoral
Appointees
Research faculty and postdoctoral appointees may, under federal law, return to their former position, or to a position of like seniority, status and pay, upon application to do so within ninety days after release, honorable discharge, or retirement from such service, for the number of months of active employment remaining in their term of appointment at the time they entered military service. For postdoctoral fellows supported from non-Yale funds, concurrence of the supporting organization is necessary.
4. Benefits
Fringe benefits available to tenured and non-tenured faculty members, research faculty, and postdoctoral associates who enter military service are the same as those available to persons in these categories who are on leave of absence without salary. See Section VIII.C for a description of these benefits. Since the maximum length of an unpaid leave is limited to one year for faculty members whose terms of appointment are for three years or longer, and to three months for all other faculty members and postdoctoral associates, the University’s contribution to the cost of health, dental, disability, and group life insurance has similar limits. Furthermore, eligibility for partial tuition grants under the University’s Scholarship Plan for Sons and Daughters of the Faculty and Staff is limited to one year while the faculty or staff member is in military service.
Faculty members occasionally may be called to report for jury duty in the Connecticut Superior Court, which selects jurors from the voter registration and Motor Vehicle Department lists. The court summons jurors to report on a given date. A faculty member who receives a summons for jury duty may postpone service to a more convenient date within one year from the date of the summons by completing the Juror Confirmation Form in accordance with the instructions on the summons. It is ordinarily not possible to postpone service indefinitely, nor may a juror decline to serve.
Most jurors who are summoned are not chosen to hear a case. In the Judicial District of New Haven, a juror who is not chosen serves for only one day. A juror who is chosen serves for the duration of the trial, regardless of its length. Faculty members scheduled for jury duty should notify their department chair in advance of the court appearance date. Faculty members on jury duty will be paid their regular salaries. Questions about jury duty may be directed to the Office of the General Counsel.
University organizations that schedule events in University facilities should be certain that the program is consistent with the purposes of the University. Non-Yale groups wishing to use University facilities must receive written authorization from the Office of the Secretary or other appropriate University official. Generally, only nonprofit, tax-exempt organizations are eligible, and proof of liability insurance coverage will be required.
Stationery printed with Yale identification should be used only for Yale-related correspondence. It may not be used by any member of the academic community for soliciting funds or assistance for a cause not connected with the University, and it should not be used for expressing private opinions that are not directly related to a person’s Yale responsibilities.
Departments may allow students to use University stationery in connection with surveys for academic purposes, but not for resumes or job applications.
The University has adopted a standard format and style for official University stationery. All departments are encouraged to use this format and style. The best grade of Yale stationery is printed on paper made especially for Yale and bears the University arms as a watermark. This paper is used exclusively for the letterhead style approved by the Secretary of the University.
The Office of the General Counsel coordinates the University’s federal relations efforts and monitors federal legislative and administrative policies and actions. Faculty members who are interested in information on Congressional or federal administrative activities affecting the University are encouraged to contact the Associate Vice President for Federal Relations in that office. Faculty members who plan to testify before Congress should consult with the Associate Vice President for assistance and for information on communications made by the University on related federal matters.
The Office of New Haven and State Affairs is responsible for Yale’s community relations and seeks all information concerning a faculty member’s research, teaching, publications, or civic activities in the New Haven community that might bear on New Haven’s municipal and social concerns as well as the University’s institutional interests.
The University Tribunal was established in 1969 to serve as a University-wide disciplinary body for students. The procedures have since been revised, and the current procedures establish that the Tribunal may be convoked by the President as an appropriate forum for addressing the most serious allegations of misconduct by a student or a faculty member. Copies of the procedures are available in the Office of the Secretary and the Office of the Provost.
The University will pay, under certain conditions, the legal fees and financial judgments against its faculty members who are made parties to litigation because of their appropriate participation in such matters as appointment, promotion, or tenure proceedings, whether at this University or at another institution, or otherwise because of their appropriate conduct as members of the faculty. Questions on the subject may be directed to the Office of the General Counsel.
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