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 GENERAL STATEMENT. It is the policy of the University to maintain an
educational and work environment free from all types of discrimination and
harassment; an open environment which values and protects individual dignity and
the integrity of human relationships. Accordingly, all forms of discrimination
against or harassment of any member of the University community whether based on
race, color, gender, age, marital status, sexual orientation, religion, national
origin, disability, Vietnam or disabled veteran status or other characteristics
recognized legally as unacceptable are prohibited.
The educational process at the University is based on mutual trust, freedom of
inquiry, freedom of expression, and the absence of intimidation and
exploitation. Such an atmosphere of respect and regard for individual dignity
among members of the academic community is essential if the University is to
function as the center of academic freedom and intellectual advancement. In
addition, the University has a compelling interest in assuring the provision of
an environment in which learning and work may thrive. Such an environment
requires free and unfettered discussion of the widest possible nature, one which
encourages expression of all points of view. Assertions regarding any of the
characteristics listed above should be directly related to the exchange of
ideas, ideologies or philosophies. Any such assertions that constitute sexual or
other forms of harassment will not be tolerated.
WHAT ARE HARASSMENT AND SEXUAL HARASSMENT?
Legal basis. The following definitions of sexual harassment are provided
with reference to and are intended to be inclusive of the provisions of federal
and state civil rights acts including Titles VI and VII of the Civil Rights Act,
Title IX of the Educational Amendments of 1972, the Civil Rights Restoration Act
of 1988, state code as well as applicable case law.
Harassment. Harassment is verbal or physical conduct that denigrates or
shows hostility or aversion to the status of having one (1) or more of the
characteristics set forth above by an individual or by that individual’s
relatives, friends, or associates, if the conduct also:
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has the purpose or effect of creating
an intimidating, hostile or offensive working environment; |
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has the purpose or effect of
unreasonably interfering with an individual’s work performance; |
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otherwise adversely affects an
individual’s employment opportunities; |
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has the purpose or effect of creating
an intimidating, hostile, or otherwise study or learning environment; |
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has the purpose or effect of
unreasonably interfering with an individual’s study or learning
experience; or |
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otherwise adversely affects an
individual’s educational opportunities. |
Sexual Harassment. Maryville University will not tolerate verbal or physical
misconduct by any administrator, supervisor, faculty member, staff member or
student which constitutes sexual harassment of any faculty/staff member or
student as outlined in the EEOC Sex Discrimination Guidelines. Sexual harassment
is defined as:
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when submission to such conduct is made
either explicitly or implicitly a
term or condition of an individual’s employment or academic work; |
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when submission to or rejection of such
conduct by an individual is used as the basis for employment decisions
affecting such individual; or |
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when such conduct has the purpose or
effect of unreasonably interfering with an individual’s work performance
or creating an intimidating, hostile or offensive working or learning
environment. |
Unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct of a sexual nature constitute sexual harassment
when:
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Such conduct has the purpose or effect
of unreasonably interfering with an individual's work performance or
ability to learn or creating a hostile or offensive working or academic
environment. |
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Submission to or rejection of such
conduct by an individual is used as the basis for employment or academic
decisions affecting the individual. |
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Submission to such conduct is made
either explicitly or implicitly a term or condition of an individual's
employment or academic work (Section 1604.11 of the EEOC Guidelines on
Sex Discrimination). |
Examples of conduct which may constitute sexual harassment include, but
are not limited to, the following:
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unwelcome sexual propositions |
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graphic comments about a person's body |
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sexually suggestive objects or pictures
in the workplace or classroom |
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sexually degrading words to describe a
person |
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derogatory or sexually explicit
statements about an actual or supposed sexual relationship |
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unwelcome touching, patting, pinching
or leering |
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derogatory gender-based humor |
Such conduct, whether intended or not, constitutes sexual harassment and
is illegal under both State and Federal law. Violations of this policy
will not be permitted. Any faculty, staff or student who violates this
policy will be subject to discipline up to and including dismissal.
Maryville University treats all sexual harassment complaints seriously
and expects that anyone who raises a harassment issue will act
responsibly, recognizing the sensitivity of such matters for all
concerned and the possible consequences. The University will investigate
all complaints of sexual harassment made in
accordance with this procedure.
The University will endeavor to preserve confidentiality to the extent
it does not interfere with the
investigation or impair anyone's rights and will endeavor to handle all
complaints in a sensitive manner.
HOW TO MAKE A COMPLAINT
Complaints that may be addressed under this policy include complaints
based on the conduct of University students, faculty and staff members
and other persons acting in official University capacities. Individuals
who believe that they have been harassed or discriminated against should
address their concerns to the appropriate administrative official at the
University as set forth below.
| Complainant |
Appropriate Administrator |
| Faculty or Staff Member |
Director of Human
Resources/Affirmative Action Officer or Vice President for
Administration and Finance |
| Student |
Dean of Student Life or
Director of Human Resources/Affirmative Action Officer |
For more information about making a complaint,
please go to the end of this document. If the appropriate
administrator is the subject of the harassment or discrimination
allegations the complainant should direct the complaint to one of
the other appropriate administrators.
Official allegations of harassment or discrimination are to be made
to the appropriate administrator in writing within 90 calendar days
of the allegedly harassing or discriminatory event. The complaint
must include the following information: name, address, and telephone
number of the complainant; the nature of the complaint; date(s) and
location(s) of the alleged occurrences(s); evidence on which the
complaint is based; and the redress sought by the complainant. Prior
to or at any time after the submission of a complaint, the
complainant may seek confidential advice and guidance from a
University Civil Rights Ombud as provided below.
The appropriate administrator shall have 20 calendar days in which
to conduct an investigation of the
complaint. The appropriate administrator may act as investigator or
may arrange for another individual to
act as investigator in the matter. The investigator shall be
familiar with the appropriate sanctions that might be imposed
against the individual against whom the complaint is made in the
event that harassment or discrimination is found to have occurred.
The investigator’s report will be provided to an officer of the
University or supervisor with the requisite authority to impose such
sanctions.
The purpose of the investigation is to establish (1) whether there
is a reasonable basis for believing that the alleged violation of
the policy has occurred; (2) the factual circumstances surrounding
the claim; and (3) the appropriate sanction to be imposed on an
individual found to have engaged in prohibited conduct. The
investigator shall promptly provide the person against whom the
complaint is made with a copy of the formal complaint and shall
notify the appropriate officer of the University or supervisor of
the nature of the complaint and of the identity of the parties.
In conducting the investigation, the investigator may interview the
complainant, the person against whom the complaint is made, and any
other persons believed to have pertinent factual knowledge. At all
times, the investigator shall take steps to maintain strict
confidentiality. The parties and any notified officer of the
University or supervisor shall maintain strict confidentiality as
well.
The investigation shall afford the person against whom the complaint
is made an opportunity to respond to the allegations of the
complaint. The person against whom the complaint is made may seek
confidential
advice and guidance from a University Civil Rights Ombud as provided
below in paragraph 4.1.8.5. The
investigator shall be in communication with the complainant until
the complaint is resolved. The complainant shall be informed of
general actions taken but shall not be informed of specific
conversations held with the person against whom the complaint is
made.
Upon the expiration of the 20 calendar day period the Investigator
shall have an additional 10 calendar days to produce a written
report summarizing the findings of fact and providing
recommendations as to the appropriate administrative action to be
taken. This report will be provided to the parties, to the
appropriate officer of the University or supervisor and to the
President of the University. If sanctions are imposed, this report
will become a part of the personnel file of the individual against
whom the complaint was made.
Recommended sanctions may include, but are not limited to, written
reprimand of the person against whom the complaint is made,
suspension or dismissal of the person against whom the complaint is
made; a change of grade or other academic record, a change of course
section, a change of reporting line for an
employee, or any other appropriate sanction(s) under the
circumstances. Sanctions will be imposed in
accordance with the provisions set forth in the Faculty Policy
Manual, the Staff Policy Manual or the Student Policy Manual, as
applicable. EMPLOYEE FEEDBACK LINE
A confidential employee feedback system is available through an
external service to provide an additional means of addressing
sensitive workplace issues, including, but not limited to: safety
and security, accounting and auditing improprieties, fraud, theft,
substance abuse, embezzlement, sexual harassment, and
discrimination. Callers are allowed to communicate anonymously
with designated members of the University management and to access a
confidential response. Concerns reported to the feedback line
will initially be referred by the external service to the Director
of Human Resources/Affirmative Action Officer who will direct the
concern to the appropriate University official. Issues
concerning financial improprieties will be directed by the Director
of Human Resources/Affirmative Action Officer to the Chair of the
Board of Finance & Audit Committee for investigation. A copy
of all reported concerns will also be forwarded to the attorney
designated by the University who will report as needed to the
President and to the Chair of the Board of Trustees concerning the
nature and resolution of concerns. STUDENT
CONCERNS
Student concerns are most appropriately addressed to the Dean of
Student Life or Director of Human Resources/Affirmative Action
Officer (4.1.8.3 Redress of Complaints). Where appropriate,
student concerns brought to University attention will be forwarded
to the attorney designated by the University who will report as
needed to the President and to the Chair of the Board of Trustees
concerning the nature and resolution of concerns.
RETALIATION
Maryville University will not retaliate or permit retaliation
against an individual who makes a report of any form of prohibited
discrimination or harassment, including sex discrimination or sexual
harassment. Retaliation is a serious violation of this policy.
Unlawful retaliation includes taking some kind of negative action
against students or staff who file a complaint pursuit to this
policy, or assist in the investigation process. Retaliation not only
harms the individuals directly affected by it, but also undermines
the confidence of others in a fair complaint resolution process.
Any person found to have retaliated against another individual
involved in an investigation of prohibited discrimination or sexual
harassment shall be subject to appropriate disciplinary action, up
to and including dismissal from employment or student discipline, in
accordance with University policies.
THE APPEAL PROCESS
If either party disputes the findings or is dissatisfied with the
recommendations of the Investigator’s report, they may appeal such
findings by filing a written appeal with the President of the
University within 15 calendar days of receipt of the written report.
The President of the University will review the record of the matter
and will reach a final determination as to any action to be taken
within 10 calendar days of receipt of the appeal.
The determination of the President of the University is final and
may only be addressed further by petition to the appropriate
grievance committee of the party who remains dissatisfied. Rules
governing the grievance committees of faculty, staff and students
are provided in their respective policy manuals.
CIVIL RIGHTS OMBUDS
The President of the University shall appoint a Civil Rights Ombuds
from among members of the University community on an as
needed/requested basis. The Ombud acts as an advisor and advocates
for any member of the University community who has concerns
regarding discrimination or harassment. The
Ombud shall have background and training in issues of civil rights
and shall be appointed as needed/requested. In addition to the role
as advocate and advisor, an Ombud is charged with monitoring
the University’s compliance with civil rights laws, rules and
regulations.
The role of the Ombud is to assist students, faculty, staff and any
other member of the University community to informally resolve
conflicts, complaints and disputes of many kinds. The Ombud office
does not have disciplinary authority. When an individual has or
wishes to file a complaint, the Ombud will provide counsel and
assistance to the complainant if the complainant so requests. The
Ombud shall also be available to assist individuals against whom
allegations are made. In addition the Ombud shall advise individuals
in supervisory roles in resolving harassment complaints informally.
In dealing with harassment issues, the Ombud can assist by:
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Explaining the University policies and
procedures regarding harassment; |
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Helping individuals to understand their
rights; |
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Helping individuals evaluate a wide
variety of options for informally resolving harassment complaints; |
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Serving as facilitators between the
parties in an effort to help them reach an agreement about future
interactions, if either party does not wish to meet face-to-face; |
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Serving as mediator, with the consent
of both parties; or |
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Referring individuals to other campus
resources when appropriate, e.g., for counseling. |
The Ombud can assist those seeking to stop the harassing behavior of
another by identifying strategies that can be used to communicate with
the individual about their behavior.
The practice of confidentiality is a guiding principle in the work of
the Ombud. While absolute confidentiality cannot be legally guaranteed,
if an individual who reports an incident of harassment does not wish to
be identified, the Ombud will attempt to address the problem in a way
that is acceptable to that individual without revealing that person’s
identity. However, in situations in which the Ombud perceives that
someone may inflict harm on self or others, confidentiality cannot be
assured. In addition, when the Ombud receives multiple complaints about
the same individual, or about other potentially significant violations
of University policy, the Ombud is obligated by law to notify an
appropriate University official.
Records of informal complaints and action taken in response to informal
complaints shall be maintained by the individual Ombud and shall not be
distributed or disseminated.
All complaints may be reported to the Director of Human
Resources/Affirmative Action Officer who serves as the Title IX
Coordinator for Maryville University: |
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Ms. Jacqueline Plunkett
Gander Hall, Room 133
314-529-9399 |
Student complaints may also be reported to the Vice President for
Student Life/Dean of Students: |
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Dr. Nina Caldwell
University Center 102
314-529-9485 |
Employee complaints may also be reported to the Vice President for
Administration and Finance: |
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Dr. Larry Hays
Gander, Room 136A
314-529-9391 |
