Sexual Misconduct

BAMSI is committed to maintaining an environment free of discrimination or forms of harassment that unreasonably interfere with the security, well-being, or academic experience of any member of the community.

Sexual harassment on campus or in other settings related to Institute employment or enrollment, is unlawful, as well as unethical, and will not be tolerated. The Institute will respond promptly to formal complaints of sexual harassment, and, where it is determined that sexual harassment has occurred, will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Definition of Sexual Harassment

The definition of sexual harassment is as follows: "sexual harassment" means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:

  • submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or enrollment or is used as a basis for employment or educational decisions, placement services or evaluation of academic achievement; or
  • such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work or educational performance by creating an intimidating, hostile, humiliating or sexually offensive work or educational environment.

Under these definitions, direct or implied requests by a supervisor, professor, athletic coach or trainer, or other individual responsible for work or academic evaluations for sexual favors in exchange for actual or promised job or academic benefits constitutes sexual harassment. Benefits include grades, academic assignments, research opportunities, favorable reviews and recommendations, salary increases, promotions, increased benefits and continued employment or enrollment.

Sexual harassment can occur between individuals of the same gender and regardless of sexual orientation. The same standards that apply to harassment between individuals of the opposite sex apply to harassment involving individuals of the same sex.

Commitment to Academic Freedom

As an academic institution, teaching, doing research, and learning are subject to the protections of 'academic freedom'. Actions or words used in the context of the academic curriculum and teaching environments that serve legitimate and reasonable educational purposes will not be evaluated as sexual harassment or other unlawful discrimination because of the principles underlying academic freedom.

Examples of Conduct

While it is not possible to list all circumstances that constitute sexual harassment, the following are some examples of conduct that may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:

  • Unwelcome sexual advances - whether they involve physical touching or not;
  • Threats or insinuations that a person's employment, wages, academic grade, promotional opportunities, classroom work assignments or other conditions of
  • employment or academic life may be adversely affected by not submitting to sexual advances;
  • Dissemination of sexually explicit voicemail, email, graphics, downloaded material or web sites;
  • Unwelcome sexual epithets, sexual jokes, written or oral references to sexual conduct, gossip regarding one's sex life;
  • Unwelcome comment about an individual's sexual activity;
  • Displaying sexually suggestive objects, pictures or cartoons;
  • Unwelcome leering, sexual behavior, or sexual gestures;
  • Unwelcome inquiries into another's sexual experiences;
  • Unwelcome discussion of one's sexual activities;
  • Creating a hostile environment for others by engaging in harassing conduct that affects the workplace, or the teaching or research environment, or affects others' ability to compete for grades, research opportunities, academic or work assignments, compensation, and/or employment benefits. In addition to the conduct described above, romantic involvement (even if consensual) between supervisors and subordinates or between a faculty member and a student may create a hostile environment and is prohibited.