Jean Fetter, Assistant to the President:
        The Women's Collective has read and reviewed the October 1995 draft
  of Stanford's Sexual Harassment Policy.  We applaud the efforts to revise 
  the existing policy and your recognition of its importance to this 
  institution.  However, it is precicely because this document will affect so 
  many members of the Stanford community that we feel it is necessary to voice   our concerns.
        First, the revisions to the section defining sexual harassment itself
  seem to imply a weakening of the 1993 policy which we feel to be unnecessary   and dangerous.  The second point of the 1993 policy states that sexual 
  harassment, 
        "has the purpose or effect of interfering with
        an individual's academic or work performance..."
  The new draft policy states that sexual harassment,
        "...has the purpose or effect of unreasonably interfering with
        an individual's academic or work performance..."
  The conspicuous addition of the word "unreasonably" seems to imply tolerance   for whatever behavior might be deemed 'reasonable' harassment.  Our concern 
  is that such an implied tolerance may be a deterant to an individual 
  considering  bringing a complaint under the policy. Furthermore, in practice,  the determination of what constitutes 'unreasonable interference' may be made
  by the mediator of the conflict, and because the mediator may change from
  year to year or situation to situation,the policy leaves itself open to 
  drastic differences of interpretation.  
        Secondly, in the same section defining sexual harassment, the 1993 
   policy states,
        "The key question is always whether the conduct is unwelcome to the
        individual to whom it is directed, regardless of the intentions of
        the actor."
  However, the new draft states as an eaxample of possible sexual harassment,
        "It may be conduct intended to harass, or conduct whose unintended
        but reasonably foreseeable effect is to cause harassment."
  The revision is of concern because it leaves room for interpretation 
  about what "reasonably foreseeable" constitutes. The opinion of the harassed  individual is no longer the primary determinant of whether sexual harassment
  has occured.  We feel that because of the nebulous and controversial nature
  of sexual harassment, the viewpoint from which harassing behavior is judged
  should first be that of the victim.  Obviously the perspectives of both 
  individuals involved in an alleged incident must be considered, but the case
  must not hinge on a third party definition of "reasonably foreseeable". To 
  allow such room for interpretation about intention is to allow a wavering
  standard of judgement about sexual harassment cases in this institution.
        Another concern for the Women's Collective was the removal of the 
  glossary in the 1993 policy.  We believe that it is of crucial importance to 
  define all terms.  The more clearly defined the policy, the less room there 
  for differing interpretations in practice.  If anything, we would like to see
  the glossary of the original policy expanded to include more terms.
        The last question about the text of the policy regards the time period   for reporting grievances.  The draft policy mentions a time limit, but does 
  not specify just how long it is.  Moreover, why is there a time limit at all?  Often, people do not realize that their experience qualifies as harassment 
  until a later time.  In other cases, the similar experience of a friend or 
  colleague might give a person the courage to come forward and file a 
  grievance.  The biggest concern is that the policy is vague on the reasons 
  for and specifics of a time limit and that those factors may deter a person
  from filing a grievance at all.
        Though we are aware that the University must comply with the legal
  procedures outside of the institution, we would like to address the issue
  of confidentiality.  We respect the committee for drafting an honest policy 
  which admits that confidentiality cannot be guarunteed.  That is an unhappy 
  reality.  Our only hesitation is that Resident Assistants and other 
  employees in a position to be informally contacted about sexual harassment
  may not sufficiently explain to a student descibing their experience that
  confidentiality is not garunteed.  Since an R.A. is often the first outlet
  for a student to discuss problems, it is important that the R.A.s
  adequetly warn the students of their obligation to report to the University.
  In oredr to clarify the situation, we would like to see publicity about other  options available for reporting harassment.  The publicity would need
  to be visibly present in dorms and other student centers and include phone
  numbers and names of contact people. The Women's Collective would be quite 
  willing to help with this sort of endeavor.
        A final comment concerns the prospective furture revisions to the 
  policy.  We would like to see the establishment of a specific year in which
  the next review will occur and the explicit promise that both graduate and
  undergraduate students will be involved in the process.  We would also
  request that the review be extensively publicized and opened for debate in
  the community.  We acknowledge the importance of the comment process offered
  with the current draft, but are concerned that the substance of the changes 
  to the 1993 policy have been poorly publicized among the student body.  All 
  of these provisions for review could be clearly stated in the 1995 draft
  policy itself (as they were in the 1993 policy).
        Thank you for taking the time to listen to our concerns and comments on
  the newest draft policy on sexual harassment.  Again, we appreciate the 
  initiative taken to review the policy after several years experience with it
  in practice.  We all have the same end in mind; to design an effective and 
  uncompromising sexual harassment policy which is sensitive to the particular
  needs of the Stanford community. 
                                        Thank you for your time,
                                                The Women's Collective
                                                e-mail: collective@lists