Elements of a Good Harassment Prevention Policy

If you haven’t reviewed your harassment policy in the past few years, it’s probably time for another look. Regular policy updates ensure your policies remain relevant, effective, and in compliance with the latest legal requirements. Consider this policy structure and elements to include in your policy to ensure it’s robust, along with tips on policy drafting.
Consolidate and streamline your institution’s harassment policies to the extent possible and coordinate policies when it’s not. Many institutions maintain a separate policy for gender-based harassment covered by Title IX in light of its specific requirements.
Ensure your policy:
- States your institution doesn’t tolerate harassment, a form of prohibited discrimination
- Describes your institution’s commitment to establishing an environment where people can work and learn without being harassed
- Connects your harassment policy to your institution’s mission and ideals (if possible)
Prohibit Harassment
Take the following actions to ensure your policy helps prohibit harassment:
- Clearly describe the people to whom the policy applies (in addition to students, faculty, and staff, this statement may need to include third parties such as visitors, patients, and contractors).
- Define harassment and other key policy terms, and include specific examples of harassing behavior. State that these are just examples and don’t encompass all types of improper behavior. Check state and local laws, which often go beyond federal laws in their harassment prohibitions.
- List all protected classes or bases on which applicable law or your institution prohibit discrimination; include groups protected by state or local law, not just federal law.
- Prohibit harassment against groups that aren’t protected by law but are protected by your institution’s nondiscrimination statement. For example, institutions that prohibit discrimination based on sexual orientation — even though they may not be required to do so by law — should include sexual orientation as a protected category in their harassment policies.
Include Reporting Procedures
Reporting procedures in your policy should:
- Contain specific information on how to report potential violations, including contact information for all offices or people authorized to receive reports and any reporting procedure. The procedures also should provide an alternate reporting mechanism in case the accused harasser is the person who would normally receive complaints.
- Use straightforward language to describe the complaint resolution process.
- Discuss the level of confidentiality you will provide complainants. For example, the reporting procedures might state your institution will keep the complaint confidential to the extent practicable but can’t promise complete confidentiality.
- Ensure reporting procedures are accessible to people who study or work beyond normal business hours, such as evening students or night shift security guards. People at satellite campuses, on study abroad programs, or in off-campus programs also need a way to report incidents. If an anonymous reporting system such as a hotline or online form exists, explain how to use it and any limitations on your institution’s ability to respond.
List Possible Outcomes
Ensure your policy:
- Describes potential consequences for violating it
- Prohibits retaliation against anyone participating in the reporting, investigation, or resolution of complaints
- Prohibits knowingly false or malicious complaints
Disseminate Your Policy
Do the following when sharing information about your policy:
- Distribute it to all students, faculty, and staff at least once a year.
- Send the policy out via an email that contains a link it on your institution’s website. For people without campus email, provide paper copies of the policy at least annually. Consider how you may obtain an attestation that people have reviewed the policy.
More From UE
Workplace Harassment Resource Collection
Checklist: Workplace Anti-Discrimination Policies and Response
Additional Resources
University of Missouri: Office of Institutional Equity Reporting and Policies
Stevens Institute of Technology: Policy on Discrimination, Harassment, and Bias Incidents
About the Author
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Lindsey Dunn
Senior Risk Management Counsel
Lindsey joined UE's Risk Management department in September 2024. Prior to that, she spent about six years as a Resolutions Counsel in the South Region for the Specialty Group. Before UE, Lindsey practiced labor and employment law. She is admitted to practice law in Florida and before the U.S. District Courts in Florida and the U.S. Court of Appeals for the Eleventh Circuit.