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Non-Discrimination against Women

Discrimination, Harassment and Sexual Misconduct Prevention Policy

The Lebanese American University and all its affiliates (collectively “LAU”) is committed to pursuing excellence in its academic and professional endeavors, as well as believing in the intrinsic value of all individuals. LAU fosters an atmosphere of mutual respect among all members of its community, where each individual is judged solely on criteria related to academic or job performance. LAU is committed to the elimination of all forms of discrimination, harassment and sexual misconduct on its campuses or on any other University controlled area or event.

Fundamental to LAU’s mission is the preservation and encouragement of academic freedom. Promulgating this Policy should by no means be construed as inhibiting free speech, freedom of association, or the free communication of ideas.

POLICY STATEMENT

LAU has a zero tolerance rule for acts of discrimination, harassment, and sexual misconduct. LAU is an equal opportunity employer and does not permit discrimination due to race, color, religion, creed, gender, marital status, national origin, disability, age, sexual orientation, political affiliation, pregnancy, or belief. LAU is committed to a working and learning environment where people can achieve their full potential.

This Policy:

  • Supports an environment where it is clear that discrimination, harassment, and sexual misconduct are unacceptable, thereby reducing the chance that discrimination, harassment, and sexual misconduct will occur in the first instance;
  • Applies to all LAU staff, faculty, and students in connection with their roles, duties, and responsibilities at LAU whether as an employee or a member of the student body;
  • Ensures that all visitors, including but not limited to individuals such as suppliers, service providers and guest speakers are held to LAU’s highest standards of behavior and will be held responsible for any act of discrimination, harassment, and sexual misconduct against a member or members of the LAU community;
  • Provides procedures to notify LAU of potential discrimination, harassment, and sexual misconduct so that LAU may take appropriate action to investigate and address any such prohibited actions; and
  • Prohibits retaliation against persons notifying LAU of such prohibited actions.
  • Disciplinary action may be taken to deal with actions or behavior, intentional or unintentional, which results in a violation of this policy. In general, the procedures for review of complaints and discipline for a violation of this policy are addressed in this policy and other LAU policies relating to employee and student conduct. LAU may publish additional procedures in compliance with relevant laws and regulations.

CONDUCT SUBJECT TO THIS POLICY

DISCRIMINATION

Discrimination is treatment of a person less favorably than other persons based on age, race, color, religion, creed, gender (including pregnancy), sexual orientation, marital status, nationality, disability, political affiliation or any other basis protected by applicable law.

HARASSMENT

Harassment is the making of any unwelcome advances or requests for favors or other conduct when (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, a student’s performance, or participation in any campus activity; (ii) submission to or rejection of such conduct by an individual is used as the basis for decisions related to employment, academic performance, or student activities; or (iii) such conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work, academic performance, or participation in student life by creating an intimidating, hostile, or offensive work or campus environment. Harassment may take physical, verbal, visual, or online forms.

Harassment also includes behavior that demeans, humiliates, or embarrasses a person based on race, national or ethnic origin, color, religion, age, gender, marital status, family status, disability, or sexual orientation, and that a reasonable person should have known would be unwelcome. It includes actions such as touching and pushing, comments such as jokes and name-calling, displays such as posters and cartoons and disrespectful behavior commonly known as ‘personal’ harassment, such as making fun of personal circumstances or appearance, bullying (includes unmerited criticism, isolation, gossip, physical violence or violent gestures, public humiliation, or behavior that is intimidating or demeaning), and stalking.

SEXUAL MISCONDUCT

Sexual misconduct is any form of Sexual Assault connected with forced sexual contact, including but not limited to rape. Force can be physical or emotional (there are four types of force: physical, threat, intimidation, coercion). Sexual Assault consists of Sexual Contact and/or Sexual Intercourse that occurs without Affirmative Consent. Sexual Contact is any intentional sexual touching, however slight with any object or body part performed by a person upon another person. Sexual Intercourse is any penetration, however slight with any object or body part performed by a person upon another person and is considered Rape if the action is taken without the affirmative consent of the other individual(s).

Affirmative Consent must be informed (knowing), voluntary (freely given), and active (not passive), meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity (contact or intercourse). Affirmative Consent cannot be gained by taking advantage of the incapacitation of another individual, where the person initiating sexual activity knew or reasonably should have known that the other was incapacitated. Incapacitation means that a person lacks the ability to make informed, rational judgments about whether or not to engage in sexual activity.

Affirmative Consent cannot be obtained by force. Force includes (a) the use of physical violence, (b) threats, (c) intimidation, and/or (d) coercion. Physical violence means that a person is exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, choking, and brandishing or using any weapon. Threats are words or actions that would compel a reasonable person to engage in unwanted activity. Examples include threats to harm a person physically, to reveal private information to harm a person’s reputation, or to cause a person academic or economic harm. Intimidation is an implied threat that menaces or causes reasonable fear in another individual, including the stalking of another individual. Coercion is the use of an unreasonable amount of pressure to gain access to something or someone. Coercion is more than an effort to convince, lure, or attract another person to have sex. When an individual is clear that they do not want to participate in a particular form of Sexual Contact or Sexual Intercourse, that they want to stop, or that they do not want to go beyond a certain sexual interaction, continued pressure can be coercive. Factors that may indicate coercion include the frequency, intensity and duration of the application of the pressure and the degree of isolation of the person being pressured.

RETALIATION

LAU prohibits retaliation against any individual because he or she in good faith reports alleged incidents of discrimination, harassment or sexual misconduct, pursues a discrimination, harassment or sexual misconduct claim, or cooperates or participates in an investigation of such reports. Discipline, reprisal, intimidation, or other forms of retaliation in such situations is a serious violation of this policy and may result in disciplinary action, up to and including termination of employment or expulsion from the university.

RESPONSIBILITIES

All staff, faculty and students:

  • Must attend education programs provided by LAU relating to discrimination, harassment, and sexual misconduct.
  • Can prevent discrimination, harassment, and sexual misconduct by being sensitive to the reactions and needs of others, and ensuring that their conduct does not cause offence;
  • Can discourage discrimination, harassment, and sexual misconduct by others through making it clear that such conduct is unacceptable.
  • LAU is responsible for:
  • Providing an environment where it is clear that discrimination, harassment, and sexual misconduct are not acceptable;
  • Taking action when it has clear notice that discrimination, harassment, or sexual misconduct has taken or is taking place to stop the conduct, prevent its recurrence, and remedy its effects.
  • Ensuring that deans and chairpersons, vice presidents, and directors are aware of their responsibilities under this policy, including trying to prevent or to report violations of this policy.

REPORTING ACTS OF DISCRIMINATION, HARASSMENT OR SEXUAL MISCONDUCT

Any LAU staff, faculty or student who believes in good faith that he/she or someone else at LAU has been a victim of discrimination, harassment or any form of sexual misconduct should promptly notify LAU through one of the methods set out below. Notices should provide information as to the conduct, where it occurred and persons involved and, if reporting is not by the victim should explain how the person reporting has knowledge of the conduct. LAU will review such notice, initiate an investigation and take any measures, adjudicatory or otherwise, it determines appropriate in response to the notice. Further, LAU may advise certain staff and faculty with oversight of student well-being that their duties include a requirement to report instances of sexual misconduct relating to students promptly upon receiving such information.

The right to confidentiality shall be strictly adhered to at all stages, in so far as it does not interfere with LAU’s legal obligation to investigate the allegations presented and to take the proper corrective action.

A failure to provide prompt notification or the reporting of information anonymously may hinder LAU’s ability to act on the conduct for which a complaint is made.

PROCEDURES AND RESOLUTION OF COMPLAINTS

The following steps should be taken when filing a complaint:

When a student, a staff member, or a faculty member faces any form of harassment, s/he should notify (orally or in writing) the Title IX Office at TitleIX@lau.edu.lb or by phone at 01.786.456, ext. 1303.

Anonymous Reporting: Anyone can make an anonymous report of conduct prohibited under this Policy by contacting the Compliance Hotline at 01.786.456 ext. 4444.

In case of a health or safety emergency, students, staff and faculty should contact 01.786.456 ext.1500 on the Beirut campus or 09.547.262 ext. 2500 on the Byblos campus to address the emergency and reports under this policy should be made later.

When a complaint is submitted, LAU may request a statement in writing signed by the complainant in order to proceed with further inquiry, particularly in matters relating to employment.

Depending on the type of conduct and the persons affected, the complaint may be referred to an existing LAU procedure for resolution such as the Grievance Policy or the Student Code of Conduct. Further, LAU may establish new procedures as necessary and, if needed, to comply with the U.S. Department of Education requirements, in order to investigate the claim.

LAU will promptly investigate all complaints. Thereafter, upon the President’s request, the Title IX Coordinator, will manage all complaints that warrant investigation. The President can consider engaging other university units as necessary and in keeping with this Policy. If the Title IX Coordinator determines that the complaint is credible, he/she shall notify the Office of the General Counsel and will work closely with it during the consideration and investigation of the complaint. Furthermore, the Office of the General Counsel provides advice and direction on the legal aspects of Title IX-related investigations and potential prosecutions. The Office of the General Counsel will conduct Title IX investigations involving an employee or employees of the Title IX Office.

If LAU determines that the claim is substantiated, LAU will institute disciplinary proceedings against the offending party, which may result in a range of sanctions up to and including termination of University employment or expulsion.

If LAU determines that the complaint was unsubstantiated, the University will take no corrective action.

The formal University decision shall be communicated to all involved parties as approved by the President. Appeals by either party may be initiated as per the applicable LAU policies.

TRAINING AND EDUCATION

Leadership, education, training, awareness, and intervention are essential in preventing and eliminating acts of discrimination, harassment, and sexual misconduct. It is the responsibility of every member of the LAU community to attend the training and awareness sessions required by LAU.

Effective Date

The foregoing Discrimination, Harassment and Sexual Misconduct Prevention Policy of the Lebanese American University was amended by the Board of Trustees on September 6, 2019 and is effective as of September 6, 2019. This Policy was originally effective as of June 7, 2003, and was previously amended on March 9 & 10, 2006; March 15 & 16, 2013; and on September 7 & 8, 2017.

Title IX at LAU

LAU has a no-tolerance policy for gender discrimination, sexual harassment and sexual assault. Title IX actively supports a campus environment where gender discrimination and sexual harassment are not tolerated. Committed to a working and learning environment where people can achieve their full potential, Title IX works to spread awareness about benefits of equity, diversity and inclusion for individuals and the entire community.

The Title IX Office at LAU provides information, confidential discussion, training/awareness materials, and networking regarding eliminating gender discrimination and sexual harassment or misconduct for the LAU community.

About Title IX - Equity and Inclusion at LAU

What is Title IX?

Title IX is a 1972 education amendment to the American Civil Rights law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The main goal of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices.

Title IX applies to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. Title IX seeks to ensure that there is equal access to education regardless of gender. Over time, this has come to be understood as not only prohibiting discrimination, harassment and sexual assault at educational institutions but also working to address long-term structural inequalities and obstacles hindering education progress.

Who and What are included?

While Title IX has a particular focus on students, it also includes all individuals who work for educational institutions. All employees (staff, faculty, etc.) are protected by and responsible for implementing Title IX.

Title IX also applies to the physical space of the institution. All visitors to schools, college and university campuses must also adhere to Title IX. In other words, all gender discrimination and harassment are prohibited at educational institutions that receive US Federal Government funding.

Why does LAU adhere to Title IX?

LAU is both a Lebanese and an American university. It is registered by both governments and seeks to comply with all applicable laws. LAU also receives research funding, scholarships and other grants from the US Federal Government.

Beyond compliance, LAU’s mission and values highlight the importance to “respect human dignity, promote gender equality, and be inclusive” and LAU is rooted in the core liberal arts beliefs that all individuals who seek to study and work to the best of their abilities should have the opportunity to do so. In addition, individuals are unique with unique capabilities and interests—this diversity makes LAU richer and better able to live up to its vision. Committing to implementing Title IX helps LAU to:

  • Provide access to a superior education for diverse undergraduate and graduate students and lifelong learners;
  • Attract and retain distinguished faculty who excel in teaching, research and community service;
  • Enroll and retain academically qualified and diverse students;
  • Embrace liberal arts in all curricula;
  • Create opportunities for rigorous research and the dissemination of knowledge;
  • Develop a close-knit community that excels academically, is intellectually stimulating, and is religiously, ethnically and socio-economically diverse;
  • Attract and retain a highly qualified staff committed to excellence in service.

LAU’s Title IX Office focuses on five components to comply with Title IX regulations:

Compliance: It seeks to ensure LAU is compliant with Title IX policies and procedures of the Department of Education and US Federal Law.

Policy Recommendations: The Title IX Office reviews and makes recommendations for revision of LAU policies and procedures to better meet the requirements of Title IX—eliminating discrimination, harassment, and sexual misconduct.

Advocacy and Support for Equity & Inclusion: the Office seeks to provide advocacy and support for greater equity and inclusion at LAU through participating in university committees, meeting with and participating in club activities, and keeping an active communications campaign on campus, among other means.

Training: The Title IX Office is responsible for providing on-going training for students, staff, and faculty regarding rights and responsibilities of gender equity and inclusion and the prohibition of discrimination, harassment, and sexual misconduct.

Complaints Management: The Office is the main office receiving and participating in investigations of complaints of gender discrimination, harassment, and sexual misconduct.

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Gender Discrimination: Legal, Political and Economic Implications

During the 16 Days of Activism to End Gender-Based Violence (GBV) that starts on 25 November - International Day to Eliminate Violence against Women - and ends on 10 December - International Human Rights Day – The Arab Institute for Women (AiW) held a webinar entitled “Gender Discrimination: Legal, Political and Economic Implications”. This is the second webinar tailored to the needs of our LAU Middle East Partnership Initiative (MEPI) - Tomorrow’s Leaders (TL) students, specifically the MEPI-TL Gender scholars. The webinar was part of our monthly speaking series Food 4 Thought (F4T), an informal monthly speaking series that engages LAU faculty, staff, and students in relevant gender issues – information about previous F4T events can be found here. These events connect the wider LAU community with gender scholars and experts from a variety of backgrounds – both academic and non-academic – who share their personal experiences while also providing in-depth information about the implications of gender discrimination on legal, political, and economic systems in the Arab region and beyond.

This F4T included Stephanie Chaban, the Regional Advisor of Gender Equality and Women Empowerment at UN ESCWA (United Nations Economic and Social Commission for Western Asia); Farah Kobeissy, an activist and regional gender advisor; Zoya Rouhanna, the co-founder and Director of KAFA; and Halime Kaakour, a professor of law in the Department of Law and Political and Administrative Sciences at the Lebanese University. The webinar was well attended; The AiW counted approximately 140 participants, the majority of whom were MEPI-TL Gender scholars.

Stephanie Chaban, Regional Advisor of Gender Equality and Women Empowerment at UN ESCWA (United Nations Economic and Social Commission for Western Asia), provided a general introduction about the 16 Days of Activism campaign accompanied by the latest statistics and facts related to women’s rights violations globally and regionally. Starting from the premise that women’s rights should be addressed as human rights, Chaban enumerated the devastating impact of GBV on women’s lives and the lives of people around them. She also discussed the position of women in the Arab region, and highlighted the Arab countries’ poor performance on international gender rights indexes. Focusing on the labor market, Chaban noted the low representation of women in the labor force (21%) and the meager number of women entrepreneurs in the region. Chaban also discussed the impact of working and studying online as a result of government-imposed lockdowns in response to COVID-19, which is affecting women’s and girls’ access to education and work. She also talked about the annual art competition that The AiW and ESCWA hold jointly. This year’s and past winner’s submissions can be found on The AiW’s YouTube channel.

Farah Kobeissy, an activist and regional gender advisor, tackled the economic implications of gender discrimination by revisiting the history of working women. Using the example of the 1819 women textile workers – who experienced societal backlash because they were “factory women” – Kobeissy emphasized that women workers have long been struggling to improve their working conditions. Kobeissy traced these struggles to the present, highlighting the discrimination facing women in the labor market today. She noted that the labor market remains very male-dominated in the Arab region with women’s participation at only 23%, 53% of which work in the informal sector. Kobeissy also discussed the discrimination facing married women who are often rejected when applying to jobs because of the assumption that they will inevitably become pregnant and take maternity leave, which is incorrectly assumed to be a financial loss for the company. She insisted that women’s access to employment is under further threat because of the COVID-19 pandemic, and that women’s jobs are often the first to be negatively affected during an economic crisis. Kobeissy concluded with a statement made earlier in the pandemic by the Lebanese Minister of Interior and Municipalities Mohammed Fahmi, who remarked “let the women cook” in response to one journalist’s questions about the enforced Sunday lockdowns. Kobeissy related this comment to the derogatory comments and names facing those working women in 1819, who were derogatively called “factory women,” emphasizing that gender barriers continue to affect women workers.

Zoya Rouhanna, an activist, and the co-founder and director of KAFA, emphasized the legal implications of gender discrimination in Lebanon mainly in the personal status laws. In Lebanon, there are 15 different personal status laws that put women under the double discrimination of religious authorities and the government. Rouhana mentioned KAFA’s advocacy work that calls for a united Lebanese civil law, and tackles the relation between violence against women and the sectarian division of power in Lebanon.

Halime Kaakour, a professor of law in the Department of Law and Political and Administrative Sciences at the Lebanese University and a political and gender activist, tackled the political implications of gender discrimination and the importance of women’s political participation. Kaakour shared her personal experience as a political activist, and offered and facts and statistics from a study she led in collaboration with The AiW regarding women political candidates in Lebanon. She conducted interviews with 75 out of the 86 women candidates in the 2018 Lebanese parliamentary elections and highlighted a few of the obstacles these women reported facing during their candidacy, such as family support, the timing of the decision to run for the election, fundraising perceptions, not having a campaign manager, and media exposure. For example, 44% of the women stated they were asked gender discriminatory, unnecessary, and very personal questions such as “being a woman do you believe you have a chance at winning?” as well as comments on their appearance. She concluded with the effects of Violence Against Women in Politics (VAWP).

The speakers concluded the Q&A section by giving eye-opening advice to make a change and achieve gender equality such as being aware of the different struggles and battles women are facing, spreading awareness, and reinforcing solidarity against any form of discrimination.

Webinar: Stand Up Against Street Harassment

As part of the Food 4 Thought speaking series, the Arab Institute for Women (AiW) hosted a webinar titled ‘Stand up Against Street Harassment’. Director of AiW, Ms. Myriam Sfeir, opened the session by introducing the institute and the partners in this webinar, namely Title IX, ABAAD, L’Oréal, and Right To Be.

Ms. Cynthia Daher, Head of Communication and Media at ABAAD, introduced the US-based organization, Right To Be, and the services it provides. After that, Ms. Nadine Seif Eddine, a women’s rights activist from ABAAD, presented the objectives and work of ABAAD and explained, through numbers and statistics, the scope, causes, and effects of sexual harassment in public spaces in Lebanon. Then, Ms. Seif Eddine emphasized the significance of awareness-raising campaigns in improving the response of women towards harassment beyond fear and taboo. She also provided a proper legal definition of the term sexual harassment and explained its aspects as entailed in the Lebanese law, and discussed the places where harassment can happen. According to the law, sexual harassment is described as “any bad and repetitive behaviour that is extraordinary, unwelcome by the victim, and with sexual connotation that constitutes a violation of the body, privacy, or emotions.” The law notes that sexual harassment can occur through speech, actions, and electronic means. The law also considers single or repeated acts that use, “psychological, moral, financial, or racist pressure to obtain benefits of sexual nature” as sexual harassment.

During the webinar, a poll addressing students’ opinions on the causes and impacts of sexual harassment was shared. As the results demonstrated, the most common reasons why people don’t react to harassment is the fear of negative reputation, fear of blame, or fear of further harm from the predator. The bystander intervention and its methods were also tackled during the webinar. Ms. Seif Eddine concluded her talk by discussing the 5D’s required of a bystander, which are Distract, Document, Delegate, Delay, and Direct. The webinar ended with a Q&A session.