Harassment and Discrimination Policy

Every University employee and student has the right to work and study in an environment free from discrimination and harassment and should be treated with dignity and respect. The University prohibits discrimination and harassment against applicants, students, and employees on the basis of race, religion, national or ethnic origin, age, sex, sexual orientation, disability, status as a veteran or any classification protected by local, state or federal law.

The University's policy against discrimination and harassment (Policy) incorporates protections afforded by Title IX of the Educational Amendments of 1972, which prohibits discrimination in educational programs and activities based on gender. This Policy also incorporates all other local, state and federal laws, including Title VII of the Civil Rights Act of 1964. Any individual whose conduct violates the Policy will be subject to disciplinary action up to and including termination for employees and expulsion for students.

Harassment is the creation of a hostile or intimidating environment, in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's work or education, or affect adversely an individual's living conditions on campus.

Illegal and improper harassment based on any of the classifications in paragraph 1, may include:

• Any suggestion that sexual favors, race, religion, national or ethnic origin, age, sex, sexual orientation, disability, status as a veteran or any protected classification would affect one's job, promotion, performance evaluations, grades, working or educational conditions;
• Making unwelcome or offensive comments about a person's clothing, body or personal life;
• Offensive jokes or unwelcome innuendoes;
• Other conduct that creates a work or educational environment that may be considered offensive or hostile, even though some staff or students might not find them objectionable;
• Use of unwelcome or offensive nicknames or terms of endearment.

Sexual harassment, in particular, may consist of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when one or more of the following occur:

• Submission to or rejection of such conduct is made a term or condition of an individual's employment or academic success;
• Submission to or rejection of such conduct is used as the basis for employment or academic decisions;
• Such conduct has the purpose or effect of interfering with an individual's work or academic performance or creates a hostile, intimidating or offensive work or educational environment.

The University has designated the Associate Vice President for the Department of Human Resource Services (located in Weinstein Hall), as the University's representative to handle issues arising under the Policy, including Title IX. Individuals who need further information or clarification of the Policy should contact the Associate Vice President directly. Employees and students who feel they have suffered discrimination or harassment in violation of the Policy should follow the Complaint Resolution Procedure described below.

The Policy also applies to complaints of harassment or discrimination involving applicants for admission or employment, or persons aggrieved by third parties such as contractors or vendors serving the University.

Complaint Resolution Procedure

For ease in identifying individuals, the person making the complaint is referred to as the Complainant, and the person for whom the complaint is being made is referred to as the Respondent.

The University will endeavor to respond to and resolve all complaints quickly and effectively. Individuals who believe they have been harassed or discriminated against in violation of the Policy are encouraged to take action in any of the ways described in the Complaint Resolution Procedure (Procedure).

Although none of the actions listed under the options for Informal Resolution, below, are required before an individual may file a Formal Complaint, the University favors informal resolution of these claims whenever possible. Except as expressly provided herein, the Procedure is the only grievance practice available to staff, faculty, students or other parties for violations of the Policy. No other grievance practices otherwise available at the University are applicable.

Through the Procedure, the University will take necessary steps to prevent recurrence of any harassment and/or discrimination determined to have occurred, and will take necessary steps to correct the discriminatory effects of the conduct on the Complainant and others, if appropriate. During all stages of the Procedure, every effort will be made to ensure fundamental fairness to all parties involved in the complaint process. The University will make good faith efforts to protect the confidentiality of those involved in the Procedure to the extent permitted by law and to the extent that continued protection does not interfere with the University's ability to investigate allegations or to take corrective action.

The University prohibits retaliation against any individual who files a complaint (informal or formal) in good faith or participates in a harassment or discrimination inquiry. Disciplinary action will be taken against any individual who retaliates against a Complainant or participant in a harassment or discrimination inquiry, or who files a discrimination or harassment complaint in bad faith, or who maliciously or knowingly files false charges.

A. Procedures for Informal Resolution

The Informal Resolution process provides an effective means of resolving most disputes. However, the Complainant may terminate the Informal Resolution process at any time and initiate a Formal Complaint without prejudice.

1. Informal Discussion with Respondent

Prior to the involvement of other parties or University officers, the Complainant may choose to discuss the concerns directly with the Respondent. The Respondent may not realize that his/her conduct is offensive or unwelcome. Many disputes can be resolved quickly and effectively with such direct communication. A complaint brought to the attention of the Respondent shortly after the alleged offensive behavior occurs (e.g.: immediately or in a few days) will usually result in more effective resolution.

2. Informal Discussion with University Officials

Understanding that a Complainant may discuss concerns with a friend, confidant, advisor or counselor in the Counseling and Psychological Services office, etc., it is nonetheless the case that to initiate an informal discussion with University officials, a Complainant should contact one of the following individuals in a timely manner, ordinarily within thirty (30) days of the offending conduct:

Students should contact the dean of their school or residential college as follows:

• Arts and Sciences, Business or Leadership Studies undergraduate students should contact the dean of their residential college
• Graduate School of Arts & Sciences: Associate Dean Kathy W. Hoke (BLIB) at (804) 289-8417
• Graduate School of Business: Dr. Richard Coughlan (ECRSB) at (804) 289-8553
• Law School: Interim Dean, John Douglass (TCWSL)  at (804) 289-8183
• Richmond College: Dean, Joseph Boehman (WHRT) at (804) 289-8061
• School of Continuing Studies: Dean James Narduzzi (SPB) at (804) 287-6684
• Westhampton College: Dean Juliette Landphair (The Deanery) at (804) 289-8468

Staff should contact:

• Executive Assistant to the President: Carolyn Martin (MH) at (804) 289-8088

Faculty should contact the dean of their school:

• Arts and Sciences: Dean Andrew Newcomb (BLIB) at (804) 289-8416
• Business: Dean Jorge Haddock (ECRSB) at (804) 289-8549
• Continuing Studies: Dean James Narduzzi (SPB) at (804) 287-6684
• Law: Interim Dean John Douglass (TCWSL) at (804) 289-8183
• Leadership Studies: Acting Dean, Sandra J Peart (Jepson) at (804) 287-6098

If the complaint is against one of the designated University officials, the Complainant should contact the President of the University, who will designate a representative of the University to handle the matter. If the complaint is against the dean of a student's residential college, then the Complainant should contact the Associate Vice President for the Department of Human Resource Services.

The Informal Discussion can help with any or all of the following options:

• Assisting the Complainant to determine if the behavior violates the Policy, or to learn more about the Policy;
• Conducting an informal investigation with the effect and goal of ending the alleged behavior in an effective and expeditious manner;
• Contacting the supervisor of the alleged offender and requesting assistance to stop the behavior;
• Meeting with the individual whose behavior is alleged to be offensive or unwelcome, and discussing the situation to make it clear that the behavior is offensive or unwelcome and should cease.

Based on the Informal Discussion, the University official will determine what additional action, if any, is necessary.

The Informal Discussion process will last as long as the Complainant deems it desirable to continue to meet with University officials, but usually the University will try to resolve the problem at this early stage within ten (10) working days. Most complaints can be resolved at this stage. If not satisfied with the resolution from the Informal Discussion, then the Complainant may proceed to the Formal Complaint process described below.

B. Procedures for Formal Resolution

A Complainant may omit the Informal Discussion process entirely and file a Formal Complaint with the Associate Vice President for the Department of Human Resource Services (hereafter the Associate Vice President). Formal Complaints alleging violation of the Policy must be filed in the Associate Vice President's office in a timely manner, ordinarily within thirty (30) days of the offending conduct, or shortly after the conclusion of the Informal Discussion process, usually within ten (10) working days.

The Formal Complaint must be in writing and must set forth:

1. A statement that the Complainant intends that this document shall constitute a Formal Complaint;
2. Date or approximate date on which the alleged behavior occurred;
3. Identity of the person(s) purportedly responsible;
4. Specific descriptions of the alleged behavior;
5. All witnesses and evidence supporting the complaint, including attaching any tangible evidence or documentation;
6. Complainant's name and signature.

The Respondent will have ten (10) working days after receiving the Formal Complaint to file a written Response in the Associate Vice President's office.

The Associate Vice President, or her/his designee, will review the Formal Complaint and Response. An investigation, including relevant interviews, will be conducted. The Associate Vice President, or her/his designee, will prepare a written report of the Formal Complaint Findings (Findings) as expeditiously as possible, usually within forty-five (45) days from the date that the Formal Complaint was filed, and will deliver the Findings to the Complainant and Respondent. The written report will include the Associate Vice President's or her/his designee's conclusions with respect to the Formal Complaint and will make a final determination as to what action, if any, is necessary. Either party may appeal from the Findings within the time period and in the method described below.

All provisions in this Grievance Procedure for notifying all parties of Findings and recommendations will be followed so long as the University determines that there are no violations of state or federal privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act.

If no appeal is filed within the designated time period, then the Findings will be final. The Associate Vice President will then work with other University officials to enforce the Findings. If no appeal is filed, then no party will have a right to pursue any other University grievance procedures.

C. Appeal from Formal Complaint Decision

Either the Complainant or the Respondent may initiate an appeal from the Formal Complaint Findings. The appeal must be filed with the Associate Vice President's office within ten (10) working days from the date of the Findings.

The appeal must be in writing and must set forth:

1. Substantive reason(s) for the appeal;
2. The identity of all witnesses;
3. Any new information.

The responding party must file a written response to the appeal with the Associate Vice President's office within five (5) working days after receiving the appeal, and must set forth:

1. A response to the appeal allegations;
2. The identity of all witnesses.

Within five (5) working days after receiving the appeal, the Associate Vice President will assemble the Resolution Committee, which will be formed solely for the purpose of resolving disputes alleging violations of the Policy. The Resolution Committee members will be chosen by the President, who will select two students, two staff members and two faculty members from the Judicial Pool.

The Judicial Pool is constituted at the beginning of each year to provide a pool of faculty, staff and students to serve on the Resolution Committee (defined in this document for the purpose of this Policy) and Hearing Boards for matters of Policy violations. The faculty members are elected each year by their respective schools, two each from Arts and Sciences, Business, Leadership Studies, Law and Continuing Studies. Five staff members are designated by the Associate Vice President at the beginning of each year as part of the pool. Student members of the pool are the chairs of the Richmond College Judicial Council, the Westhampton College Judicial Council, and the chairs of the Honor Councils for Richmond and Westhampton Colleges, the Business and Law Schools and the School of Continuing Studies.

The Resolution Committee will be charged with the responsibility of conducting a fair and unbiased hearing within fifteen (15) working days after being assembled. It will have access to all available information pertaining to the complaint. The Resolution Committee will accept and review written statements submitted by the Complainant and Respondent and other relevant individuals. At its discretion, it may also entertain oral testimony from witnesses.

The general outline of the hearing, which will be tape recorded, will be as follows:

1. The Resolution Committee will review the Formal Complaint, if applicable, Response, Written Appeal and all other available information;
2. The Complainant will have the opportunity to present the complaint and any attending circumstances;
3. The Respondent will have the opportunity to present a response and any attending circumstances;
4. The Resolution Committee may request specific individuals to appear before it and may also implement additional procedures as it deems necessary for a fair and equitable process;
5. Other than witnesses, only the Complainant, Respondent, Associate Vice President (or her/his designee) and members of the Resolution Committee may be present during the hearing; except that the Complainant and/or Respondent may be accompanied by a non-participating support person such as a member of the CAPS staff, but neither may be represented by legal counsel in these procedures;
6. The Resolution Committee will deliberate, in private and outside the presence of any other individuals, and render its collective Recommendations in writing within ten (10) working days after the conclusion of the hearing.

The Resolution Committee's Recommendations will be forwarded to the Associate Vice President, who will notify the Complainant and Respondent of the Recommendations, subject to applicable privacy laws. Each party will have five (5) working days to submit to the Associate Vice President written comments on the Recommendations.

The Associate Vice President will then forward the Recommendations, the investigative materials, including the hearing evidence, and the comments by the Complainant and Respondent, if any, to the following (depending on whether the Resolution Committee recommended action against a student, staff member or faculty member):

Students: Vice President of Student Affairs, Dr. Stephen Bisese

Staff: Vice President for Business and Finance, Mr. Herbert Peterson

Faculty: President of the University, Dr. Edward Ayers

Determinations as to the action or inaction based on the Recommendations will be made by these University officers, as applicable. These officers may use their discretion in seeking any additional information or advice before rendering a final decision. The decision will be made within thirty (30) days from the date of the Recommendations. The decision made by each of these individuals is final; provided, however, that if the Resolution Committee recommends termination of a faculty member and the Recommendation is accepted by the President, the normal "termination for cause" procedures defined in the Faculty Handbook will be followed.

Approved by the University Faculty on May 10, 1999 and the Board of Trustees on May 14, 1999.
Last Modified: 03-JULY-2007