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Loyola
Law School
Annual Security Report
Student Sexual Harassment Policy
As a law school in the Jesuit tradition, Loyola Law School strongly endorses and supports a learning environment that enhances the dignity of both men and women. This policy has been formulated to ensure the integrity of the educational process and the voluntary character of interpersonal relationships and to guard against inappropriate conduct or communication of a sexual nature.
Sexual harassment of a student by an administrator, faculty or staff member or another student is prohibited and is subject to disciplinary action. An act of sexual harassment may be considered moral turpitude. In the case of sexual harassment of a student by a student, the Student Standards of Conduct and the processes of the Disciplinary Code will be used. In other cases the procedures described below will be used. The purpose of these procedures is to encourage those who believe they have been harmed by prohibited conduct to make informal or formal complaints while at the same time safeguarding the reputations and positions of respondents from unfounded charges. Follow this link for more information, click here.
II. DEFINITION OF SEXUAL HARASSMENT
A. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when such conduct is unwelcome AND:
1. Submission to or rejection of such conduct by a student is used as a term or condition of the student's status in a course, program or activity of the Law School; OR
2. Submission to or rejection of such conduct by a student is used as a basis for academic or other administrative decisions affecting such students; OR
3. Such conduct has the purpose or effect of unreasonably (1) interfering with a student's educational experience or (2) creating an intimidating, hostile or offensive law school environment; OR
4. Submission to or rejection of such conduct by a student is used as the basis for any decision affecting the student regarding benefits or services, honors, programs, or activities available at or through the Law School.
B. Standards
The reasonableness standard to be applied to complainants with regard to the kind of conduct described in II A3 and examples C4 and C6 below is that of the perceptions of a reasonable person of the complainant's gender in the complainant's position.
The reasonableness standard to be applied to complainants with regard to the kind of conduct described in A3 and examples C4 and C6. is that of the perceptions of a reasonable person of the complainant's gender in the complainant's position. Respondents who engage in conduct of the kind described in A3 and examples C4 and C6, but who neither knew nor should have known that their actions might be perceived as causing the effects described therein, cannot be found to have violated the provisions of this policy. The standard to be applied to determine whether respondents should have known that their actions might be perceived as causing the effects described above is that of a reasonable person in the respondent's position at the time of the complained of behavior.
C. Examples of "Conduct of a Sexual Nature"
As used in II.A above, "sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" include, but are not limited to:
1. Physical assault;
2. Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades or letters of recommendation;
3. Direct propositions of a sexual nature;
4. Subtle pressure for sexual activity, an element of which may be repeated requests for private meetings without an academic purpose;
5. A pattern of conduct (not legitimately related to the subject matter of a course if one is involved) intended to discomfort or humiliate, or both, that includes one or more of the following: (a) comments of a sexual nature; or (b) sexually explicit statements, questions, jokes or anecdotes; and,
6. A pattern of conduct that would discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following: (a) unnecessary touching, patting, hugging or brushing against a person's body; (b) remarks of a sexual nature about a person's clothing or body; or (c) remarks about sexual activity or speculations about previous sexual experience.
III. PERSONS COVERED
A. Complainants
Students, applicants for admission, former students and graduates of the Law School are protected by this policy and may use these procedures to redress complaints of sexual harassment which occurred while they were students or applying to become students at the Law School.
B. Respondents
Full-time and part-time faculty of the Law School, all other employees and other persons described in this section who are not employees must comply with this policy. Complaints against full-time and part-time faculty and employees of the Law School will be handled according to these procedures. Complaints against students covered by this policy will be handled according to procedures set forth in the Student Conduct Code. Complaints against other individuals covered by this policy will be handled at the Dean's discretion.
1. Students
Complaints against students are not covered by this policy unless the Law School has by employment, appointment or otherwise placed the respondent-student in the relationship of authority over the complainant in which the sexual harassment allegedly occurred. Examples of such students include but are not limited to Law Review editors, Moot Court justices and tutors.
2. Others
Complaints against other persons who have allegedly harassed students in the context of their relationship to the Law School are covered by this policy. Examples include but are not limited to externship supervisors and lawyers using the services of the Office of Career Services.
IV. FORMAL OR INFORMAL PROCEEDINGS
A. Initiation of Informal Complaint
A student may initiate an informal complaint by speaking to any member of the Discriminatory Harassment Committee.
B. Initiation of a Formal Complaint
In order to initiate the formal portion of the procedure, a student must file a written complaint with the Associate Dean for Faculty setting forth the alleged facts.
C. Responsibility of Members of the Student Sexual Harassment Committee:
1. Advise the student whether the conduct complained of falls within the definition of sexual harassment or is more appropriately addressed through other procedures;
2. Explain to the student the procedures available for resolving complaints and the ramifications of making such a complaint, including protection from retaliation and the scope of confidentiality;
3. Counsel the student regarding ways he/she can resolve the matter directly with the respondent whose conduct is at issue;
4. With the student's consent, and after the student has signed a written statement of the allegations, discuss the complaint with the respondent in order to resolve the matter informally;
5. If informal resolution fails, advise the student on his/her option to pursue the matter through the formal complaint procedure; and
6. Advise the complainant and the respondent that he/she may be assisted by a volunteer unpaid advocate at any stage of the proceedings.
D. Confidentiality
All aspects of the informal and/or formal process are handled in a confidential manner in accordance with the Sexual Harassment Policy. More information is available in the Student Sexual Harassment Policy online.
V. STATUTE OF LIMITATIONS
A. The period for initiating either the informal complaint procedure or the formal complaint procedure, if the informal procedure has been bypassed, shall be:
1. One (1) year from the date on which the incident allegedly occurred, unless the complainant is enrolled in the respondent's class or is a rejected applicant;
2. If the complainant is enrolled in the respondent's class, it shall be one (1) year after the complainant ceases to be enrolled in the respondent's class; or
3. If the complainant is a rejected applicant, it shall be six (6) months after the complainant received notice of the rejection.
Counseling Services: 213-736-1122
The On-Campus Psychological Counseling Office (OCPCO) has mental health professionals available for students in crisis. Students may call OCPCO to schedule a counseling session. The office is located on the fifth floor of the Casassa Building. Office hours are Monday, Tuesday and Thursday. After hours, please call Security at 213-736-1121. For emergencies, please call 911, go to the nearest emergency room or call Security at 213-736-1121.