Monmouth College

Harassment

Monmouth College Policy Prohibiting Discrimination, Harassment, Sexual Harassment, or Retaliation

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, sexual orientation 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.