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Monmouth College
Policy Prohibiting Discrimination, Harassment,
Sexual Harassment, or Retaliation
2007-2008
Monmouth College takes seriously its affirmative duty to maintain a work and
study environment free from discrimination, harassment, sexual harassment, or
retaliation. Therefore, it is the policy of Monmouth College that no members of,
or visitors to, the College community may discriminate, harass, sexually harass,
or retaliate against any other member of the community. Discrimination and
harassment on any of the grounds covered by state or federal civil rights laws
-- including race, religion, color, sex, national origin, ethnicity, disability,
age, military service, marital status, or any other protected status -- are
unlawful and are also violations of College policy. A violation of this policy,
or inappropriate conduct that threatens to violate this policy, may result in
disciplinary action, up to and including immediate termination or expulsion,
being taken against the appropriate person or persons.
Discrimination
Discrimination is unequal, adverse treatment of an individual because of his or
her protected status, such as race, age, or gender. For instance, giving two
similarly situated individuals different pay, different opportunity for
advancement, or different educational opportunity is discrimination if the
reason for the different treatment is the protected status of one of the
individuals.
Harassment
Harassment is unwelcome, hostile, or inappropriate conduct directed toward an
individual because of his or her protected status. Such conduct violates College
policy if it (1) has the purpose or effect of creating an intimidating, hostile,
or offensive working, living, or learning environment for the affected
individual, or (2) substantially interferes with that individual's working,
living, or learning environment.
The following are examples of harassment:
1. Persistent comments or jokes about an individual's religion, race, age, or
gender.
2. Verbal behavior, including verbal insults, remarks, epithets, or derogatory
statements directed at an individual or group;
3. Non-verbal behavior, including graffiti, inappropriate physical advances
short of physical violence;
4. Assault, including physical violence or the threat of physical violence.
Sexual Harassment
Sexual harassment is one type of harassment. It involves unwelcome communication
or conduct of a sexual nature. Sexual harassment can include unwelcome sexual
advances; requests for sexual favors; lewd, obscene, or sexually suggestive
remarks; sexual misconduct; or other conduct of a sexual nature when:
1. submission to such conduct or communication is made or threatened to be made,
either explicitly or implicitly, a term or condition of employment or education;
2. submission to or rejection of such conduct by an individual is used or
threatened to be used as the basis for academic, extracurricular, or employment
decisions involving the individual; or
3. such conduct has the purpose or effect of substantially interfering with an
individual’s academic or professional performance, or of creating what a
reasonable person would consider to be an intimidating, hostile, or offensive
academic, extracurricular, employment or living environment.
Retaliation
Retaliation is any kind of reprisal, or adverse or negative action, taken
against an individual because he or she has (1) complained about alleged
discrimination or harassment as defined above, (2) participated as a party or
witness in an investigation relating to such allegations, or (3) participated as
a party or witness in a court proceeding or administrative investigation
regarding such allegations. Retaliation violates this policy even when the
complaint at issue is ultimately found to lack merit, as long as the complaint
was made in good faith.
Reporting Potential Violations of this Policy
It is the responsibility of every member of the campus community, including
faculty, administrators, staff and students, to report any communication or
conduct that appears to be prohibited by this policy immediately to the Office
of Student Affairs (#309-457-2114), the Office of Academic Affairs
(#309-457-2325), the Personnel Office (#309-457-2122), or Campus Security
(#309-457-2345 after 4:30 p.m.). An appropriate and timely investigation into
the report will then be conducted pursuant to the College's published
Procedures. Any retaliation against an individual that makes a report of
harassment, sexual harassment or sexual misconduct, or against a witness or
other participant in an investigation, is strictly prohibited and will be
considered a separate violation of this policy. False allegations are prohibited
and are themselves violations of this and other College policies.
Anti-Discrimination and Anti-Harassment Training
Information and education are important in preventing discrimination,
harassment, and retaliation, and the College intends to encourage and promote
only conduct that is consistent with this policy. Students, faculty and staff
will therefore be provided training in the areas of anti-harassment and
nondiscrimination. Training may consist of written materials, films,
presentations, workshops, individual counseling, or any combination thereof.
Whenever reasonably possible, preliminary training will be provided to new
students and new employees within the first few days of enrollment or
employment. Thereafter, periodic training will be provided. Responsibility for
such training shall be assigned to the appropriate administrative office or
offices as determined by the College.
All members of the Monmouth College community need to understand that prevention
of discrimination, harassment, and retaliation is the responsibility of everyone
affiliated with this institution. From time to time, the College may therefore
require faculty, staff and students to participate in training activities
focused upon the prevention of discrimination, harassment, and retaliation.
Based upon the results of these activities, and from time to time as needed, the
College may modify this policy, as well as the specific procedures used to
investigate complaints and the training provided to the campus community.
Procedures for Investigation and Resolution of
Discrimination, Harassment, Sexual Harassment, or Retaliation Complaints
Informal Resolution:
Any member of the College community who has observed or has been involved in an
incident of discrimination, harassment, sexual harassment, or retaliation will
usually wish to attempt informal resolution of the matter first, by discussing
his or her concerns with a member of the faculty, staff, administration, or
residence hall staff. Assistance with informal resolution may also be obtained
from the Dean of Students, the Associate Dean of Students, the Dean of the
Faculty, the Associate Dean of the Faculty, or the Director of Personnel as
appropriate to the nature of the incident or concern. If the matter cannot be
satisfactorily resolved through such informal communications, or if an
individual wishes to file a formal complaint in lieu of attempting informal
resolution, a formal complaint may be filed using the procedures set forth
below.
Complaints Against A Student:
Complaint Process
Where a student, or any other member of the College
community, believes that he or she has been discriminated against, harassed,
sexually harassed, or retaliated against by a student, the complainant should
notify the Office of Student Affairs (or, if notification to the Office of
Student Affairs is uncomfortable or inappropriate, an administrator within the
Offices of Academic Affairs or Personnel). All members of the College community
have an obligation to make sure that any complaints about discrimination,
harassment, sexual harassment, or retaliation are directed to the administration
for investigation and evaluation.
Making the complaint as promptly as possible after the date of the alleged
misconduct is always encouraged, and a written complaint/incident report is
normally expected in such circumstances. If, however, the complainant is not
comfortable preparing a written statement, he or she may be interviewed during
the initial contact meeting by the administrator taking the complaint. The
administrator will then prepare a written summary of the interview for signature
by the complainant. The complainant will have an opportunity to review, amend,
and sign the statement. The accused will be notified of the substance of the
complaint and may, at the discretion of the Dean of Students, be shown a copy of
the complaint, consistent with the limitations of the Family Educational Rights
and Privacy Act (FERPA) and other applicable privacy and confidentiality laws.
Investigation Process
Upon receipt of such complaint, the Office of Student
Affairs will conduct an investigation of the circumstances of the complaint and
make a written recommendation to the Dean of Students, discussing the (a) facts
found during the investigation, (b) whether a disciplinary violation has
occurred, and (c) recommended sanction for any such violation. In appropriate
circumstances, the Dean of Students, after consultation with the President, may
delegate the Dean's decision-making function or the investigators' functions to
other, appropriate administrators. In his or her sound discretion, the Dean of
Students may, after consultation with the President, instead employ a qualified
outside investigator to investigate the circumstances of a particular complaint
involving a student.
If the investigator's recommendation indicates that a disciplinary violation has
occurred, the Dean of Students will meet with the accused student to discuss the
results of the investigation and, if appropriate, the range of potential
discipline. If the Dean and accused student agree about the facts and the
appropriate discipline, the matter may be resolved at this time and should be
memorialized in a written agreement signed by the accused student and the
College. Where the meeting reveals a disagreement as to the facts underlying the
complaint or the propriety of particular discipline, however, a hearing will be
offered to the accused in accordance with the Student Disciplinary Procedures in
effect at the time the complaint is made. After the hearing, the hearing
committee will make a recommendation to the Dean of Students regarding the (a)
facts of the incident, (b) whether a disciplinary violation has occurred, and
(c) appropriate sanction if a disciplinary violation has been found.
Final Determination and Appeal
The Dean of Students shall then make a final
determination whether the accused student engaged in a disciplinary violation
and shall impose discipline if a violation has been found. Appeal rights
regarding any such discipline shall be governed by the Student Disciplinary
Procedures in effect at the time the complaint is made.
Consistent with FERPA and other applicable privacy and confidentiality
considerations, the complainant shall be notified of the results of any
investigation, hearing, and appeal regarding his or her discrimination,
harassment, or retaliation complaint and shall have an opportunity to meet with
the Dean of Students to discuss the resolution of the complaint.
Complaints Against Faculty or Staff:
Complaint Process
Any complaint of discrimination, harassment, sexual
harassment, or retaliation brought by a member of the College community against
any employee of the College (other than a member of a union subject to a
collective bargaining agreement) shall be resolved using the following
procedure. A complainant may contact the Dean of Students, the Associate Dean of
Students, the Dean of the Faculty, the Associate Dean of the Faculty, or the
Director of Personnel. All members of the College community have an obligation
to make sure that any complaints about discrimination, harassment, sexual
harassment, or retaliation are directed to the administration for investigation
and evaluation.
Making the complaint as promptly as possible after the date of the alleged
misconduct is always encouraged, and a written complaint report by the
complainant is normally expected in such circumstances. If, however, the
complainant is not comfortable preparing a written statement, he or she may be
interviewed during the initial contact meeting by the administrator taking the
complaint. The administrator will then prepare a written summary of the
interview for signature by the complainant. The complainant will have an
opportunity to review, amend, and sign the statement. The accused will be
notified of the substance of the complaint and may, at the discretion of the
investigative team or appropriate administrator, be shown a copy of the
complaint, consistent with the limitations of FERPA and other applicable privacy
and confidentiality considerations.
Investigation,
Resolution, and Appeal of Complaints Against Faculty
With
respect to any complaint of discrimination, harassment, sexual harassment, or
retaliation made against a faculty member, an investigation shall be undertaken
using the following procedure. The complaint shall be investigated by a "Faculty
Investigative Team" composed of the Director of Personnel and a member of the
Faculty Senate chosen by the Dean of the Faculty in consultation with the
Faculty Senate Chair; at the discretion of the Dean of the Faculty, and after
consultation with the Faculty Senate Chair, a third investigator from the
faculty or administration may be appointed. Any member of the Faculty
Investigative Team, after consultation with the Dean of the Faculty, or the Dean
of the Faculty, after consultation with the President, may delegate his or her
responsibilities to another administrator or faculty member, where the
circumstances of a particular complaint make it inappropriate for the original
member of the team or the Dean to participate or where delegation seems
necessary to achieve a full and fair investigation of a particular complaint. In
his or her sound discretion, the Dean of the Faculty may, after consultation
with the Faculty Senate Chair and President, instead employ a qualified outside
investigator to investigate the circumstances of a particular complaint
involving a faculty member.
The Faculty Investigative Team or outside investigator shall investigate the
circumstances of the complaint and prepare a written recommendation for the Dean
of the Faculty, setting forth the team's findings as to the (a) merits of the
complaint, (b) potential violation of the College's Policy Against
Discrimination, Harassment, Sexual Harassment, or Retaliation and related
provisions of the Faculty Manual, and (c) range of possible sanctions. The Dean
of the Faculty shall notify the accused faculty member of the Faculty
Investigative Team's or outside investigator’s recommendation and meet with the
faculty member to discuss the recommendation. If the Dean of Faculty and accused
faculty member agree as to the underlying facts and the appropriate sanction,
the matter shall be concluded and a written agreement executed between the
faculty member and the College reflecting this resolution.
If no resolution is reached, the Dean of the Faculty shall render a decision
upon the complaint and the Faculty Investigative Team's recommendation. The
accused faculty member shall then have the right to challenge that decision
using the Grievance Procedures set forth at Section 1.8.8 of the Faculty Manual.
Any decision rendered at the conclusion of such a grievance procedure shall be
final.
Consistent with FERPA and other applicable privacy or confidentiality
considerations, the complainant in any proceeding against a faculty member shall
be notified of the results of any proceedings regarding his or her complaint and
shall have an opportunity to meet with the Dean of the Faculty to discuss the
resolution of the complaint. Any complainant who is dissatisfied with the
results of such investigation and resolution also has the right to appeal the
decision, which appeal should be made directly to the President within 5 days of
notification of the decision. The President's decision on such appeals of
discrimination, harassment, sexual harassment, or retaliation complaints against
a faculty member is final.
Investigation, Resolution, and Appeal of Complaints Against Staff
Any complaint
of discrimination, harassment, sexual harassment, or retaliation made against a
staff member shall be resolved using the following procedure. The complaint
shall be investigated by the Director of Personnel and, at the Director's
discretion, an additional staff member appointed by the Director of Personnel.
The Director of Personnel, after consultation with the President, may delegate
his or her responsibilities in this process to another administrator of the
College, where the circumstances of a particular complaint make it inappropriate
for the Director to participate or where delegation seems necessary to achieve a
full and fair investigation of a particular complaint. In his or her sound
discretion, the Director of Personnel, after consultation with the President,
may instead employ a qualified outside investigator to investigate the
circumstances of a particular complaint involving a staff member.
The Director of Personnel, investigative team, or outside investigator shall
investigate the circumstances of a discrimination, harassment, sexual
harassment, or retaliation complaint against a staff member and prepare a
written decision as to the (a) merits of the complaint, (b) conduct standard
violated, if any, and (c) appropriate sanction. The Director of Personnel shall
then meet with the accused staff member. If the Director of Personnel and
accused staff member agree as to the underlying facts and any appropriate
sanction, the matter shall be concluded and a written agreement executed between
the staff member and the College reflecting this resolution. If no resolution is
reached, the Director of Personnel, in consultation with the accused staff
member’s department head and vice president, or in consultation with the
President, shall render a decision and impose discipline. The accused staff
member shall then have the right to challenge that decision using the Grievance
Procedures set forth in the appropriate employee manual (Administrative Staff
Handbook at Section III.G; Support Staff Manual at Section III.K; UFCW Local
1546 Labor Agreement at Article 18). Any decision rendered at the conclusion of
such a grievance procedure shall be final.
Consistent with FERPA and other applicable privacy or confidentiality
considerations, the complainant shall be notified of the results of any
investigation, hearing, and appeal regarding his or her discrimination,
harassment, sexual harassment, or retaliation complaint against a staff member
and shall have the opportunity to meet with the Director of Personnel to discuss
the resolution of the complaint. Any complainant who is dissatisfied with the
results of such investigation and resolution also has the right to appeal the
decision, which appeal should be made directly to the President within 5 days of
notification of the decision. The President's decision on such appeals of
discrimination, harassment, sexual harassment, or retaliation complaints against
a staff member is final.
Positions Subject to Collective Bargaining Agreements
With respect to a complaint brought against an employee subject to a collective
bargaining agreement, the procedure employed for investigation, resolution, and
appeal of such complaint shall be that set forth in the applicable collective
bargaining agreement. Where a collective bargaining agreement does not identify
a procedure applicable to discrimination, harassment, sexual harassment, or
retaliation claims, the College will employ the procedure applicable to
complaints against staff set forth above.
Confidentiality
The College has an independent obligation to investigate potential misconduct,
even if a complainant does not want to make a written statement or "go public";
therefore, absolutely confidentiality cannot be promised with respect to a
complaint of discrimination, harassment, sexual harassment, or retaliation. The
College wishes, however, to create an environment in which legitimate complaints
are encouraged, while also protecting the privacy of all involved in an
investigation. Complaints about violations of these policies will therefore be
handled in strict confidence, with facts made available only to those who need
to know in order for the College to promptly and thoroughly investigate and
resolve the matter.
Academic Freedom
Monmouth College is committed to the principles of free inquiry and free
expression. The College's policy against discrimination, harassment, or
retaliation is not intended to stifle this freedom, nor will it be permitted to
do so. Prohibited discrimination, harassment, sexual harassment, and
retaliation, however, are neither legally protected expression nor the proper
exercise of academic freedom, and such conduct is incompatible with the values
of this College. To ensure that academic freedom considerations are properly
considered in any investigation and resolution of a complaint, the Faculty
Senate Chair will be consulted and a faculty member will be added to the
investigative team for any complaint that appears to raise questions about
academic freedom or appropriate pedagogy.
Outside Remedies
Members of the Monmouth College community are always subject to local, state,
and federal laws, and nothing in these procedures is intended to limit or
postpone the right of an individual to file a complaint or charge with
appropriate federal, state, or local departments or agencies. An individual is
not required to use this complaint resolution procedure before pursuing other
remedies.
Questions
Questions regarding the College's Policy against Discrimination, Harassment,
Sexual Harassment, and Retaliation or these Procedures should be directed to the
Dean of Students, the Associate Dean of Students, the Dean of the Faculty, the
Associate Dean of the Faculty, or the Director of Personnel.
Revised March 2006
Last Updated:
July 18, 2007 |
