Sexual Harassment Policy

1. Definition

   1. Sexual harassment is a form of gender discrimination involving unwelcome conduct of a sexual nature. Sexual harassment violates state and federal laws and can result in disciplinary action for offenders as severe as expulsion from Mu Beta Psi. In addition to Fraternity sanctions, persons who engage in sexual harassment may be subject to civil or criminal action.

2. Examples of Sexual Harassment include, but are not limited to: (Remember, these are Sexual Harassment if UNWANTED)

   1. Verbal

      1. Referring to an adult as “girl”, “hunk”, “doll”, “babe”, “honey”, etc.
      2. Whistling at someone, cat calls.
      3. Making sexual comments about aspects of someone’s personal appearance.
      4. Making sexually suggestive comments or innuendoes.
      5. Turning Fraternity discussions to sexual topics.
      6. Telling sexual jokes or stories (“dirty”, suggestive or otherwise).
      7. Asking about sexual fantasies, preferences, orientation.
      8. Asking personal questions about social or sex life.
      9. Making sexual comments about a person's clothing, body, anatomy or looks.
      10. Repeatedly asking out a person who is not interested.
      11. Making kissing sounds, smacking.
      12. Telling lies, spreading rumors about a person's sex life.
      13. Making jokes or comments about sex or gender-specific traits that denigrate another's gender as a whole.
      14. Making sexually suggestive jokes or comments about a person's sexual orientation.
      15. Requesting sexual favors in exchange for rewards.
   2. Non-verbal

      1. Looking a person up and down (“elevator eyes”).
      2. Staring at someone.
      3. Blocking a person's path.
      4. Following a person.
      5. Giving personal gifts.
      6. Displaying sexually suggestive visuals.
      7. Making facial expressions such as winking, licking lips.
      8. Making sexual gestures with hands or body movements.
      9. Sexually suggestive notes, letters, drawings, or other written communication.
   3. Physical

      1. Giving a massage around the neck or shoulders.
      2. Touching the person's clothing, hair or body.
      3. Hanging around a person.
      4. Hugging, kissing, patting, stroking, pinching, touching.
      5. Touching or rubbing oneself sexually against another.
      6. Standing close, brushing up against a person.
      7. Improper, inappropriate physical exposure.
      8. Sexual assault (physical conduct of a sexual nature against a person's will and without her/his consent)
   4. Direct

      1. Making sexual advances, subtle or overt propositions, or pressuring for sexual activity.
      2. Coercing sexual intercourse, where the coercion is implied or threatened as well as physical.
   5. Retaliatory

      1. Action taken against a person in retaliation for reporting sexual harassment.

3. Is My Behavior Sexual Harassment?

   1. Some people may currently be engaging in behaviors which they consider to be friendly, but may actually be sexual harassment. To determine if any behavior is acceptable or a form of sexual harassment, determine the following:

      1. Is the impact of my behavior the same as its intent? (Though many people intend for their behavior to be friendly, the law says that sexual harassment is determined, not by its intent, but by its impact. If someone perceives your behavior as unwelcome, no matter what your intent, it may be sexual harassment.)
      2. Do I display any of the behaviors commonly associated with sexual harassment (see Section 2 above)?
      3. Is my behavior welcome? To determine if your behavior is welcome, ask yourself the following questions:

         1. Would I want what I was doing to be the subject of a Clef article or to appear on the evening news?
         2. Is there equal power between me and the other person?
         3. Would I behave the same way if my spouse/fiancée/significant other/parent were standing next to me?
         4. Would I want someone else to act this way towards my spouse/fiancee/significant other/parent?
         5. Is there equal initiation and participation between me and the other person?
      4. If you answered NO to one or more of these questions, your behavior is probably unwanted and may be sexual harassment.

4. Course of Action

   1. Dealing with Unwanted Sexual Attention

      1. Tell the person the behavior is unwelcome.

         1. “I don't like it when you …. I want you to stop.”
         2. “I do not appreciate it when you …. Please stop.”
         3. “I object to you constantly …. I want you to stop.”
      2. Say it again.

         1. Be like a “broken record.” Restate your objections.
         2. “I understand what you are saying, but I don't like …. and I want you to stop.”
      3. If steps 1 and 2 are not successful, begin to enact the Sexual Harassment Policy Course of Action, Section 4.2.
   2. Any Brother or Pledge who feels that she/he is a victim of sexual harassment, by any Active, Alumni, Associate, or Honorary Brother, Advisor, Pledge, or any other person related to Mu Beta Psi, should bring the matter to the immediate attention of their Chapter president (or the highest Chapter officer not involved in the alleged incident) and file a written complaint.

      1. Be specific about the unwanted behavior.
      2. Indicate that you have repeatedly stated your objection to this unwelcome behavior and indicated you wanted it to stop.
      3. If such action would prove to be uncomfortable, that Brother or Pledge should immediately contact the National President or any other National Officer.
   3. Every effort will be made to promptly investigate all allegations of harassment in as confidential a manner as possible and take appropriate corrective action if warranted. Any Brother who is determined, after an investigation, to have engaged in sexual harassment in violation of this policy will be subject to appropriate disciplinary action, up to and including expulsion from the Fraternity.
   4. Should you feel uncomfortable talking to Fraternity officers, or if the Fraternity does not resolve the matter satisfactorily, contact your University Officials.

5. Enforcement

   1. The Chapter officer notified of the complaint shall immediately notify the National Vice President of Chapter Maintenance, National President and Chair of the Board of Trustees of the situation.
   2. The Chapter's Brothers Court shall be called into session within ten (10) days of the complaint being filed, to investigate the alleged charges. The National Vice President of Chapter Maintenance shall be notified of the Court date.
   3. The Chapter’s Brothers Court shall make a ruling on whether they believe sexual harassment has occurred. If they find that the accused is not guilty of sexual harassment, the accused shall not be punished, and a NOT GUILTY ruling shall be recorded with the National Vice President of Chapter Maintenance. If the accused is found guilty of sexual harassment, a GUILTY ruling shall be recorded with the National Vice President of Chapter Maintenance, along with the punishment assessed.
   4. Punishment for sexual harassment shall be assessed as follows:

      1. 1st offense: To be decided by the Chapter Brothers Court.
      2. 2nd offense: Mandatory inactive status, to be decided by the Chapter Brothers Court, not to exceed the amount of terms remaining before the accused graduates.
      3. 3rd offense: Expulsion from Mu Beta Psi.
   5. Appeal on the ruling of the Chapter's Brothers Court can be filed with the Chair of the Board of Trustees within ninety (90) days of that Court's ruling. The Chair of the Board of Trustees shall, within thirty (30) days of the filing of the appeal, call into session a meeting of the Board of Trustees, with the Chair of the Board of Trustees presiding as chair. This meeting shall be a review of the findings of the Chapter's Brothers Court and to rule on this matter.
   6. If the Board of Trustees votes to overrule the Chapter Brothers Court's ruling and finds the accused guilty, they may prescribe punishment as listed in Section 4, and a GUILTY ruling shall be recorded with the National Vice President of Chapter Maintenance, along with the punishment assessed. If the Board of Trustees votes to overrule the Chapter Brothers Court's ruling and finds the accused innocent, the National Vice President of Chapter Maintenance shall record a NOT GUILTY ruling. If the Board of Trustees votes to uphold the Chapter Brothers Court's GUILTY ruling, punishment will stand as given by the Chapter Brothers Court, unless the Board of Trustees can find reason that the punishment is unjust for the actual incidents. If the Board of Trustees votes to uphold the Chapter Brothers Court's NOT GUILTY ruling, this shall be recorded with the National Vice President of Chapter Maintenance.
   7. The ruling of the Board of Trustees shall be final.
   8. The following is regarding bias, and shall pertain to all Brothers or bodies referred to in the rest of this Section.

      1. Chapter Brothers Court = Chapter Brothers Court as stated in the Chapter Bylaws. There shall be at least five (5) Brothers on the Chapter Brothers Court. If a specific Chapter’s Brothers Court is not structured to contain at least five (5) Brothers, the Chair of the Chapter Brothers Court shall appoint as many unbiased, uninvolved Brothers as is necessary to bring the number to five (5). The number five (5) is important, in that it is the smallest uneven number of Brothers the Fraternity feels is able to make an unbiased decision on such an important issue, without involving the entire Chapter, but still able to keep the issue as confidential as possible. More than five (5) Brothers may serve on the Chapters Brothers Court, based on the Chapter’s Brothers Court rules, keeping in mind the need to keep the proceedings unbiased and confidential.
      2. Any member of the Chapter’s Brothers Court may be removed by the chair, if the Brother in question is too closely involved to the alleged incident, as long as the court contains, or is restored to at least five (5) Brothers.
      3. If it is felt that the National Vice President of Chapter Maintenance is too closely involved in the alleged incident, the president of the Chapter shall take the complaint to the highest National Officer(s) not involved in the situation, and that Officer(s) shall fulfill the duties of the National Vice President of Chapter Maintenance as described.
      4. Any member of the Board may be removed from the hearing by the chair if the member in question is too closely involved to the alleged incident, or has previously been removed from the hearings by the Chapter's Brothers Court. If a Chapter's President has been, or is removed from the hearings due to involvement, the highest Chapter Officer not involved in the incident shall sit as that Chapter's board member.
      5. If it is felt that the Chair of the Board of Trustees is too closely involved in the alleged incident, another uninvolved permanent member of the Board of Trustees, as decided by the Board of Trustees, shall preside as chair.

6. This policy shall be revised as necessary by the National Convention and approved by a three-fourths (¾) vote of the Legislative Council.

Approved March 1, 1997