University of Minnesota
Office of Human Resources

103.000 Harassment

The content of this page applies to UEA employees on the University of Minnesota, Duluth campus.

103.100 Employee and Student Rights.

The Employer and the Association agree that all employees of the Employer and students are entitled to freedom from harassment.

103.200 Definition.

Harassment is here defined as:

  1. Sexual harassment is conduct involving unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature, and
  2. Nonsexual harassment is repeated or egregious conduct that is abusive or demeaning,when:

    1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or status as a student, or
    2. submission to or rejection of such conduct by an individual is used as the basis for an employment decision or an educational decision affecting such individual, or
    3. such conduct has the purpose or effect of substantially interfering with an individual's work performance or academic performance or creating an intimidating, hostile or offensive working or studying environment.

    Some forms of nonsexual harassment may be discriminatory and, as such, may be subject to state and/or federal law and/or university policies.

  3. Sexual violence is an extreme form of sexual harassment involving physical violence against an individual. Such incidents may constitute criminal violations and are also a violation of the Agreement between the Employer and the Association.

103.300 Applicability.

Section 103.000 shall apply to:

  1. conduct by an employee of the Employer who is not a Member or by a student which is directed at a Member, and
  2. conduct by a Member which is directed at another Member, at any other employee of the Employer or at a student.

103.400 Consenting Relationships.

Because of the power differential inherent in relationships between a faculty member and a student, or between a faculty member and an employee supervised by that faculty member, the Employer and the Association agree that should a charge of sexual harassment, as defined in this agreement, be brought against a Member by a student, or by an employee supervised by the Member, assertions by the Member that mutual consent existed shall not constitute an acceptable prima facie defense of h/her actions.