To me, institutional harassment is any harassment that requires a structured power difference to make what was done or said harassing. It does not matter if some random person off the street threatened an associate professor’s auxiliary funding source for no reason.
Here’s how every lawyer but one thought the problem was: I was institutionally harassed.
And here’s what they believe the solution is: I pay $60-80,000 in legal bills and take a chance.
In a public sector with an external compliance system that understands it exists to oversee a multi-billion dollar industry, the lawyer’s “process” skips multiple steps. Here’s what should have happened in a system that had been run by competent officers who understand policies don’t exist as decorative elements:
Step 1: I complain my Director violated academic freedom.
Step 2: The institution does not tolerate an academic freedom violation.
If the Director responsible for explaining policy to students didn’t understand that academic freedom was the institution’s primary function, I could appeal their decision. Above the director are the Provost, VP of Students, the institution’s Ombuds Office, the Office of University Counsel and the Senate in the decision’s appeal process:
Step 1.1: I complain to the Provost.
Step 1.2: The Provost reminds the Director of Equity that academic freedom is the institution’s purpose and must be respected.
Step 2: The institution does not tolerate an academic freedom violation.
But say the Provost has a terrible case of not knowing asses from elbows. So I contact the OUC.
Step 1.3: I tell the OUC that the institution was refusing to grant me an appeal.
Step 1.4 The OUC reminds the Director of Equity that all decisions based on academic discipline must be given an appeal. This OUC would remember what happened the last time officers’ lack of action violated academic freedom.
Step 2: The institution does not tolerate an academic freedom violation.
The institution must have provided the complainant with an advisor to assist with the complaint process, but the Ombuds Office is the institution’s fairness advocate. I contact them when the OUC holds (not illegal = no problem) as legally sound.
Step 1.5: I explain to the Ombuds Office how impossible it has been to even have a complaint taken at the institution.
Step 1.6 The Ombuds Office has a meltdown that the fairness triangle has been completely ignored.
Step 2: The institution does not tolerate an academic freedom violation.
But say the Ombuds Office believes the fairness triangle doesn’t matter if a senior officer tells them to ignore it. The VP of Students was a useless bump on the road, but they were still listed in the appeal process.
Step 1.7: Contact the VP of Students.
Step 1.8: Have them…care?
Step 2: The institution does not tolerate an academic freedom violation.
And finally, we come to the Senate.
Step 1.9: Have the Senate serve its legal obligation to students on matters of Academic discipline.
Step 2.0: The institution does not tolerate an academic freedom violation.
That is not one institutional officer committing improper conduct. That is an entire institution refusing to hold itself accountable despite an officer’s responsible duty to their public office to intervene.
But it sure seems like institutional misfeasance caused a training void. A training void is an institution’s worst-case policy scenario. Each officer is responsible for differentiated duties. If a controlled policy says it will do X and no officer has been trained to do X, it is the institution’s error for not seeing the void in its training.
The Director of Investigations was the Designated Recipient for all Discrimination and Harassment complaints as per the Retaliation Policy:

EDIT: As a reminder, the BoG did not give the OUC permission to change the definition of harassment from “for no bona fide reason” to “see: discrimination.” The Director of Investigations has been the Designated Recipient for non-sexual harassment for no bona fide reason since the Retaliation Policy charged them with that obligation.
But the Investigations Office’s overview makes no mention of investigating non-sexual harassment complaints:

This is the insidious nature of policy errors. The OUC wanted a standalone discrimination policy. Had he divided the Discrimination and Harassment Policy properly, an unintended consequences check would have ensured that the Retaliation Policy was updated to state that the Director of Investigations was the Designated Recipient for the Discrimination Policy and the new Harassment Policy.
An unintended consequences check is intended to scrutinize any change to a controlled policy to see how it impacts other policies, government expectations, liabilities, or risks to the institution’s reputation.
But an officer doesn’t have to have career interests in ensuring a complaint is never heard. In public institutions, the impact of an officer’s decision on the vulnerable victim matters more than intent. Whether a deciding officer has a personal stake in the outcome or they don’t want to add more work to their plate, a lack of action has the same outcome for the victim.
This institution — in particular — was obligated to train its employees to understand that a lack of action in defending academic freedom violates it.
The institution did not have the liberty to go to the lengths it did to ensure that a final Decision Maker would never hear my complaint objectively. A good lawyer would want to know why that was.
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