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SECTION 12 - WORKING CONDITIONS
Randolph Macon College expects work of high quality from its employees. For its part, the College attempts to
provide working conditions that are safe, pleasant, and efficient.
12.1 Safety
Randolph Macon College intends to provide a safe working environment. You should report any unsafe condition or
work procedure to your supervisor immediately. In addition, regular mandatory safety training is provided by the
College’s Environmental Health and Safety Programs Manager.
12.2 Security
All employees must contribute to the security efforts at the College. You are expected to cooperate in securing
our property. Please make sure that you follow College regulations concerning the locking of doors and windows,
turning off equipment, and activating security systems. If you see anything that might present a security risk,
such as a broken window, an unlocked door that should be locked, or someone acting suspiciously, please report it
to Campus Safety (dial “0” or extension 4710). When school is in session, emergencies as well as minor problems
should be reported to the switchboard. When school is not in session, dial 911 for emergencies. On campus phones,
dial (9) 911. In addition, there are emergency telephones located throughout the campus. Atop each emergency
phone is a blue light which allows for easy identification at night. These phones are activated by simply pushing
a button.
If you have been issued a building key, you must not lend it to anyone without the permission of your
supervisor. Locked doors should not be opened for anyone other than the occupant of the room or building or an
authorized person. Additionally, requests for keys can only be made with the written authorization of your
supervisor.
12.3 Communicable Disease Control Policy
It is the policy of Randolph-Macon College to protect employee health and safety by requiring the use of
personal protective equipment when dealing with potential communicable disease exposure events; to properly report
all possible exposure events; and to comply with all current regulatory requirements regarding possible exposure to
communicable diseases.
The purpose of this Administration Order is (1) to identify employees who are, during the course of their
regularly assigned employment duties, likely to come into contact with materials which may contain communicable
diseases; (2) To familiarize these employees with the policies, procedures, documentation and rights and
responsibilities which are related to these duties; (3) To establish training requirements for these employees; (4)
To establish policies and procedures for handling, disposal, and disinfection of materials involved in an exposure
event; and (5) To establish procedures for reporting a possible employee exposure event and for follow-up medical
care.
Randolph-Macon College has established a written Bloodborne Pathogen Exposure Control Plan in accordance with
the requirements of 29 CFR 1910.1030 (commonly known as OSHA’s Bloodborne Pathogens standard). This document is
available from the Environmental Health and Safety Programs Manager of the College. R-MC’s Bloodborne Pathogen
Exposure Control Plan contains detailed information on exposure determination, compliance methods, personal
protective equipment use, housekeeping-specific policies, vaccinations, employee exposure policies, recordkeeping
and training requirements. Every employee is trained according to the R-MC BBP training program before beginning
duties which have a risk of exposure. It is the responsibility of each affected employee to be familiar with the
information in the Bloodborne Pathogen Exposure Control Plan.
12.4 Smoking
In order to comply with the Virginia Indoor Clean Air Act and the American Society of Heating, Refrigerating and
Air Conditioning Engineers (ASHRAE) Standard 62, smoking is prohibited inside facilities owned by Randolph-Macon
College and in College-owned vehicles. Smoking is also prohibited (a) within 25 feet of all R-MC facility
entrances or exits, outdoor air intakes, and operable windows; (b) in areas beyond 25 feet where smoking would
adversely affect the environment of those entering or exiting the building; (c) within 25 feet of storage areas
containing flammable liquids or gases.
Smoking means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted
smoking equipment, or the lighting, inhaling or exhaling of smoke from a pipe, cigar, or cigarette of any kind
(Virginia Code, Section 15.2-2800).
Any person who smokes in a designated no smoking area and who continues to smoke in such an area after being
told to refrain from smoking is subject to a civil penalty and disciplinary action by the College.
12.5 Weapons
Employees may not possess weapons on College property unless authorized by college officials. Any such
possession could result in immediate dismissal.
12.6 Noise
If your supervisor permits you to play music, you must be considerate of your fellow workers in the choice of
music and in the volume. In addition, you are asked to remember the special nature of the College and refrain from
making any unnecessary noise that might create an unfavorable impression on visitors to the College or interfere
with classroom activities, professors' office work, or students' study time.
12.7 Amorous Relationships Policy
Amorous relationships between staff and students are contrary to the interests of the College community and are
not permitted. This is true even when one or both parties regard the relationship as consensual.
It is deemed a violation of “Causes for Disciplinary Action” (section 12.10) for a staff member to be a party to
an amorous relationship in violation of this policy.
Staff who violate this policy are subject to remedial action and sanctions including possible termination of
employment. Determination of appropriate remedial action and exceptions will be the responsibility of the
President. "Staff" refers to employees who do not hold faculty rank.
12.8 Use Of Alcohol and/or Other Drugs
Employees may not possess or use any unauthorized alcoholic beverage, narcotic, or other controlled substance
immediately prior to or during working hours, and detectable levels of any such substance will constitute a
violation. In accordance with the Drug-free Workplace Act of 1988 and the Drug-free School and Communities Act
Amendment of 1989, the College must provide an annual copy of its most recent policy concerning alcohol and drug
abuse prevention. You will find the latest update in Appendix A of this handbook and you are encouraged to replace
each copy of the policy as soon as you receive the latest update. Please note, compliance with this drug-free
workplace policy is a condition of employment.
12.9 Commendations
In those instances in which an employee has performed significantly above expectations, supervisors are
encouraged to write letters of commendation recognizing acts beyond the call of duty. Such reports are usually
filed in the employee’s central personnel folder and a copy given to the employee. It is permissible to distribute
additional copies as the supervisor deems appropriate.
12.10 Disciplinary Procedures
This section outlines the procedures that the College will usually follow when an employee's conduct or job
performance does not meet acceptable standards. These procedures apply to ALL Staff employees.
Although Randolph Macon believes that the purpose of disciplinary action should be corrective rather than
punitive, in cases of serious infractions, severe discipline action such as suspension or dismissal may be applied
immediately. However, in most cases, less severe disciplinary actions such as verbal and written warnings will be
attempted first in order to afford employees the opportunity to change behavior. An employee may appeal an action
taken at any stage of the disciplinary process by following the grievance procedures outlined in this handbook.
A. Causes for Disciplinary Action
Since no two cases are identical, it is impossible to list all of the circumstances that might make disciplinary
action necessary. However, we all recognize that certain standards of performance and conduct must be maintained
in any work group. Generally, these standards are observed by individual employees without any need for action by
the supervisor. When an employee does not observe these standards, a supervisor's counseling or reminder is
usually sufficient to change the behavior. If an employee fails to respond to this approach, however, disciplinary
action becomes necessary.
B. Disciplinary Procedural Guidelines
Depending upon the severity of the infraction, a supervisor may take any of the following actions: a verbal
warning, a written warning, probation or transfer, suspension, or dismissal. It is important to note that the
College’s disciplinary procedures are not progressive, i.e., decisions concerning disciplinary action will be
determined on the specific circumstances involved in each case. For example, a verbal warning does not have to
precede a suspension or termination if the violation is serious enough to warrant immediate suspension or
termination. Following are definitions of the various actions:
Verbal Warning
The mildest form of disciplinary action is a verbal warning from the supervisor to alert the employee to a
problem or issue, suggest a course(s) of action, and set a time frame for resolving the problem.
Written Warning
The supervisor may begin disciplinary action with a written warning which will outline the problem or issue,
suggest course(s) of action, set a time frame for resolving the problem, and indicate the potential consequences
that may occur if the problem is not resolved.
Probation
The supervisor may begin disciplinary action by placing an employee on disciplinary probation immediately. The
supervisor will inform the employee of the problem or issue that warranted probation, provide the terms of the
probation (i.e., time frame), possible course(s) of action to solve the problem, and the potential consequences
that may occur if the problem is not resolved.
Probation usually is in response to a serious infraction. Probation normally lasts for 30 days but may be
changed at the discretion of the supervisor at any time during the probationary period based on specific
circumstances.
Suspension
The supervisor may begin disciplinary action by suspending an employee without pay. Suspension represents a
more significant form of discipline and is designed to communicate the seriousness of the offense to an employee in
a clear, unmistakable manner. The letter of suspension from the supervisor will outline the problem or issue,
specify the terms of the suspension (i.e., time frame), identify possible course(s) of action to solve the problem,
and inform the employee of the potential consequences that may occur if the problem is not resolved.
Suspension may last from 2 to 30 days but may be increased or decreased in length or be changed to a dismissal
at the discretion of the supervisor at any time based on specific circumstances. The College reserves the right
to set the terms or conditions which must be met by the employee in order to return to work. An employee will
always be placed on probation (the length of which will be determined by the supervisor) when returning to work
following a suspension.
Appeals
An employee who wishes to appeal a disciplinary action should carefully review the Grievance Procedures section
in this manual. If the employee is still uncertain how to file a formal appeal, the Director of Human Resources
will assist in the matter.
C. Dismissal
Dismissal is costly to the College. It can involve the loss of an experienced worker. It is therefore an action
that is never taken without careful consideration. Employees of the College who do not have a contract of
employment with the College may be terminated at any time, for any reason or no reason. Such employees may be
terminated as part of a chain of discipline or without prior disciplinary action, when their actions, in the
College’s judgment, warrant immediate termination.
Dismissals must be approved by the respective senior administrator reporting directly to the President of the
College or by the President.
12.11 Grievance Procedures
A. Grievance Policy
The College has established an orderly system for resolving the problems that can arise from time to time on any
job. The grievance process has both informal and formal components and is progressive in nature, beginning with an
informal airing of complaints and ending in a formal hearing. This system has been designed to help create a
positive working environment by affording employees an opportunity to seek redress for their grievances. Every
grievance will be carefully considered, and you will not be penalized in any way for bringing a grievance to the
attention of the administration. If you need assistance in filing a grievance, the Director of Human Resources
will show you how to follow proper procedure.
If you have a complaint involving harassment or discrimination, the complaint procedures of Section 12.13 of
this Handbook should be followed. For all other questions, concerns or complaints, please refer to the grievance
procedures discussed below.
A grievance is a dispute concerning terms and conditions of employment or the fair administration of policies
and procedures. College policies and procedures are not subject to this grievance system. More specifically, any
application of policy, which includes provisions for reaching a final decision concerning a grievance, is not
subject to review through the grievance procedure. The Grievance Policy is only available to active employees and
does not apply to former employees.
B. Informal Procedure
Structures do not resolve problems people do; and most problems can be solved informally, usually by
discussions with your supervisor. In fact, experience at other colleges and businesses have shown that the less
formal an appeal is, the more likely it is to succeed. You are urged, therefore, to try to work out any complaints
by discussing them with your supervisor before you begin the formal procedure.
You should request a meeting with your supervisor as soon as possible after a problem arises. If the problem
cannot be resolved at this meeting, you should ask your supervisor to schedule another one, this time including the
department head. Since this is the final step before a formal appeal, the College expects both you and management
to give full consideration to each other's reasoning during this meeting.
C. Formal Procedure
Formal Meeting with Supervisor
If your informal meetings with the supervisor and the department head do not resolve your problem and you wish
to file a formal grievance, you must do so within 10 working days of your meeting with the department head. To
file a grievance, you must write a letter stating your complaint and requesting a formal meeting with your
supervisor. (However, if the complaint that you have is with your supervisor, you may omit this step and request a
meeting with the department head.)
Within five working days after the meeting, the supervisor (or department head) will give you a written response
to your complaint.
Formal Meeting with Department Head
If you wish to appeal the results of the formal meeting with your supervisor, you must write a letter to the
department head within five working days after receiving your supervisor's written response. In your letter, you
should state your complaint and request a formal meeting with the department head. Within five working days after
this meeting, which your supervisor may also attend, the department head will give you a written response to your
complaint.
Formal Meeting with Cabinet Officer
If you wish to appeal the results of the formal meeting with your department head, you must write a letter to
the Cabinet officer to whom your department head reports (see Organizational Chart, page 4) within five working
days after receiving your department head's written report. In your letter, you should state your complaint and
request a formal meeting with the Cabinet officer. Within five working days after this meeting, which your
supervisor and department head may also attend, the Cabinet officer will give you a written response to your
complaint.
Appeal to the College Grievance Committee
Following the decision of the Cabinet officer, appeals to have your case brought before the College Grievance
Committee can be made on procedural grounds only. An employee who wishes to appeal the results of the formal
meeting with the Cabinet officer on procedural grounds must do so in writing within five (5) working days after
receiving the Cabinet officer's written response. This letter of complaint should be addressed to the Director of
Human Resources stating the specific complaint, stating the individual (other party) about whom the complaint is
being made, and requesting a formal meeting. After receiving the letter of complaint and other related
correspondence, including the Cabinet officer's written response, the President will appoint a Grievance Committee
and the chairperson will set a date, time, and location for the Grievance Committee meeting and will ask the other
party to submit a written response to the complaint prior to the meeting. With the exception of this letter, no
one may discuss or provide any materials relative to the problem-giving rise to the grievance with any member of
the Grievance Committee except the Chairperson prior to the meeting. The meeting should be held within ten (10)
working days of the receipt of the letter requesting a formal meeting unless all parties agree to a delay. The
Grievance Committee chairperson shall notify all parties of the meeting date, time, and location and shall provide
instruction to appropriate parties about the process and procedure of the meeting.
Appointment of the Grievance Committee
The Grievance Committee is composed of three (3) members appointed on an ad-hoc basis by the President. The
Committee elects its own chair. If necessary, the Committee may select an acting chairperson to serve in the
chair's absence. Upon final resolution of a grievance, the committee is dissolved.
Meeting Procedure
This meeting is not a trial but a formal means of communication between two parties to a dispute. A Grievance
Committee of three members must be present for the meeting. The grievant and the other party to the complaint each
will be allowed to bring to the formal meeting a College employee (associate) who is not an attorney. The
associate may participate in the discussion. Only the three members of the Committee may cast votes.
The meeting will be convened by the chairperson of the Grievance Committee who will make an opening statement
setting out the nature of and guidelines for the meeting. The chair will give each party an opportunity to make an
opening statement to clarify the nature of the grievance. The grievant and the other party to the complaint are
responsible for providing the Committee with relevant information, which may include documents and/or individuals
able to speak about the problem. Both parties, as well as the Committee members, will be allowed the opportunity
to ask questions of individuals providing information. Questions from the grievant and the other party to the
complaint shall be communicated through the Committee chair. All information will be heard in the presence of the
Committee, the grievant, the other party, and any associates. Other individuals will remain in the meeting room
only when providing information. The meeting will be closed to all other persons. The Committee is not bound by
the technical rules of evidence and should retain sufficient flexibility in order to foster communication between
parties. The Committee should, however, consider all material and relevant information submitted prior to and
during the meeting. The Committee will evaluate the relevancy of the information offered. The Committee may
recess or continue the meeting in order to deliberate, to consider procedural questions, to call other individuals
to provide information, or to procure other documents. Both parties will have the opportunity to make summary,
closing statements.
Disposition
By a simple majority vote, the Committee will render a decision concerning the matter at hand. The decision
must be consistent with College Policy. The chairperson of the Grievance Committee shall provide both parties and
the appropriate Cabinet officer with a written response signed by all three Committee members within five (5)
working days of the meeting (These signatures will indicate that the decision rendered is reflected in the written
response). This written response, along with all materials reviewed by the Committee, will be maintained in a
confidential file by the chairperson. The Cabinet officer supervising the grievant's department is responsible for
ensuring that the Committee's decision is implemented.
Formal Meeting with the President of the College
Following the decision of the Grievance Committee, appeals to the President can be made on procedural grounds
only. The President's decision will be final.
Letter to the Chairman of the Board
If your grievance is with the President of the College, you may appeal only by writing to the Chairman of the
Board of Trustees. You should give your written appeal to the Secretary of the Board of Trustees, who will deliver
it to the Chairman.
12.12 Working Together
The College has established Grievance Procedures to create a positive working environment for all of its
employees. The College will listen respectfully to any complaint brought forward in the proper manner, and the
employee bringing the complaint should accord a similar respect to the College's position. All parties should
respect the confidentiality of the entire process.
12.13 Policy on Harassment and Nondiscrimination/b>
The Randolph-Macon College Policy on Harassment and Nondiscrimination was approved by the Board of Trustees on
October 17, 2009.
Statement on Nondiscrimination
Randolph-Macon College values the complexity and diversity of the world in which we live and seeks to be a
community that recognizes the dignity and inherent worth of every person. The College is committed to the
principles of fairness and respect for all and believes that a policy embodying these principles fosters a
community that favors the free and open exchange of ideas and provides its students, faculty and staff with the
best environment for study, work and fellowship. Accordingly, no member of the College community shall willfully
harass, discriminate against, or interfere with the activities or legitimate rights of any person in a way that
deprives that person of due consideration as an individual.
For the purposes of this document, the “College community” includes: students, faculty and staff; prospective
students and employment applicants; visitors to and guests of the College. Any person engaged in Randolph-Macon
College activities is subject to and protected by the provisions of this policy.
In compliance with Title IX of the education Act Amendment of 1972, Title VII of the 1964 Civil Rights Act,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and other federal, state and
local equal opportunity laws, and in accordance with our values, Randolph-Macon College will not discriminate on
the basis of race, gender, disability, age, national origin, religion, sexual orientation, or gender expression in
any phase of its admissions, financial aid, educational, athletic or other programs or activities, or in any phase
of its employment practices.
The Provost of the College is the Coordinator for the Nondiscrimination policy and compliance with equal
opportunity regulations and laws. Questions or concerns regarding compliance issues and equal opportunity matters
should be directed to the Office of the Provost, Randolph-Macon College, P.O. Box 5005, Ashland, VA 23005, (804)
752-7268. The Federal Government resource on such issues is the Assistant Secretary for Civil Rights, U.S.
Department of Education, Washington, D.C. 20202.
A. Definitions
Discrimination is an act or communication that interferes with an individual’s or a group’s ability to
participate fully in the Randolph-Macon College community on the basis of race, gender, disability, age, national
origin, religion, sexual orientation or gender expression.
Harassment is conduct and/or verbal action which, because of its severity and/or persistence, interferes
significantly with an individual’s or a group’s work or education, or adversely affects living conditions.
Many forms of harassment constitute impermissible and illegal discrimination. Harassment of this sort includes
but is not limited to incitement to or threat of violence; epithets referring to race, gender, disability, age,
national origin, religion, sexual orientation or gender expression; and/or physical conduct that is unwelcome,
hostile or intimidating.
College policy also recognizes as harassment other forms of conduct and/or verbal communication that are
derogatory, hostile, intimidating, threatening, “bullying,” humiliating or violent, although not necessarily
illegal and that do not necessarily refer to a legally protected status or environment.
- Sexual harassment includes unwelcome sexual advances, requests for sexual favors and/or other verbal or
physical acts of a sexual nature which, because of their severity and/or persistence, interfere significantly with
an individual’s or a group’s work or education, or adversely affect an individual’s or a group’s living
conditions.
Sexual harassment may include but is not limited to quid pro quo (something for something, such as a demand or
offer of sexual activity to retain or obtain academic or employment benefits), and/or an abusive or hostile
environment which interferes with the ability to function as a full participant in the Randolph-Macon College
community.
For further examples of discrimination and harassment, see Appendix 1 in this section.
B. Resources
Formal complaints of non-compliance by the College should be presented to the Coordinator. The following are
appropriate resources to consult for counsel and advice if you feel you have experienced discrimination, harassment
or sexual harassment:
| The Coordinator for Nondiscrimination/Provost of the College | 752-7268 |
| The Associate Dean of the College | 752-7268 |
| The Dean of Students | 752-7266 |
| The Sexual Assault Response Coordinator | 752-7270 |
| Campus Safety | 752-4710 |
| Director of Human Resources | 752-3747 |
| A College Ombuds |
| The Gender Resource Center | 752-3205 |
| The Director of Athletics | 752-3609 |
| Faculty members serving on the Nondiscrimination Committee |
Tools for reporting harassment and sexual assault are available online at the Counseling Services website.
C. Procedures
At any time, persons who believe they have been victims of discrimination may file a formal complaint with the
Office of Civil Rights, U.S. Department of Education, Washington, D.C. 20202. The following are internal options
for addressing discrimination.
Informal Process: Mediation
The Office of the Ombuds is a safe, confidential venue in which to explore, informally, questions of
discrimination and harassment (for an expanded description of the Ombuds, see Appendix 2 in this section). Persons
who believe or suspect they have experienced discrimination, harassment, or any other behavior that prevents them
from participating fully as a member of the College community should contact an Ombuds to consider the options for
response.
An Ombuds’ mediation may include, but is not limited to listening and providing an impartial sounding board,
suggesting strategies for the individual or group to adopt, meeting informally with the complainant and the accused
(individual or group representative) with the intent of bringing about resolution, meeting privately with the
accused and acting as go-between, or advising the alleged victim to file a formal complaint. The Ombuds may
arrange a meeting between the parties if all are willing. In cases where groups are involved, the Ombuds may
require that one or two members of the group/s be authorized in writing to act on behalf of the group/s in the
informal process, and all members of the group/s are bound by the terms of the informal resolution.
All consultations with the Ombuds are private, with the exception that violations of federal, state and local
law may have to be reported to College officials. During many types of informal consultation, the identities of the
parties involved need not be revealed. Protecting confidentiality at this level allows complainants to explore
their concerns without the detailed information required for formal complaints.
While any Ombuds makes every effort to protect and assist the complainant, the Ombuds seeks to protect the
rights and further the legitimate interests of both the complainant and the accused.
An Ombuds keeps confidential records of all meetings and consults with the other Ombuds when appropriate. All
records and communications are confidential.
Normally, complaints brought to the Ombuds will be resolved within thirty days. The Ombuds may find that some
complaints are not appropriate for informal mediation. In such cases, or at any time during or after informal
mediation, the complainant may make a formal complaint to the Coordinator for Nondiscrimination. If an informal
complaint is taken to a formal process, the Ombuds who assisted the complainant will not be asked by the
Coordinator or any College official to serve as a witness or be required to offer evidence or testimony of any
sort.
- Formal Process:
If complainants are dissatisfied with the outcome of the Informal Process, or do not wish to proceed informally,
they may initiate the Formal Process by filing a written complaint with the Coordinator describing the details of
the alleged harassment or discrimination. Upon receipt of such a complaint, the Coordinator will promptly conduct
an initial investigation to determine whether the complaint is actionable, and, if so, whether it can be
effectively remediated or resolved by the Coordinator. If the Coordinator so determines that the Nondiscrimination
Committee is not the appropriate venue for addressing the matter s/he will inform the Committee of the decision and
the rationale that guided it. If the Coordinator determines that a formal complaint is potentially actionable and
requires further investigation, the Coordinator will take appropriate temporary measures to address the complaint
pending further investigation and convene the Nondiscrimination Committee (for an expanded description of the
Nondiscrimination Committee, see Appendix 3 in this section).
The Nondiscrimination Committee will conduct an appropriate investigation of any complaints submitted by the
Coordinator. In its investigation the Committee may be assisted by one or more members of the community at large
authorized by the Committee. Any party to the complaint is entitled to the following considerations if they are
permitted by law and are appropriate under the circumstances: notice of the time and place of the proceedings;
access to relevant documents; notification of the nature of the accusations and the opportunity to respond to them;
and the opportunity to address the Committee and the Coordinator. The Committee will then report its findings and
recommendations—including sanctions, if appropriate—to the Coordinator. The Coordinator will render, and
communicate to the Committee in writing, a finding in favor of the complainant or in favor of the accused and
direct the appropriate office to implement any sanctions. Normally, the above process will be completed within
thirty days of the receipt of the initial written complaint.
In the event that the Coordinator is a party to the complaint, formal complaints may be filed with the President
or with the Chair of the Nondiscrimination Committee, in which case that person takes on the role of Coordinator
and follows all the directives as outlined in the formal process. If the Committee Chair is the recipient of the
complaint s/he will promptly inform the President.
Third-party complaints
Third parties (those who are not the subjects of alleged discrimination but who are aware of a possible case)
have the following options:
- Seek counsel from an Ombuds;
- Notify the Coordinator or the Committee of their concerns; or
- Initiate the Formal Process provided that the subject consents to the complaint in writing and authorizes a
detailed statement describing the harassing or discriminatory behavior. The subject should be aware that disclosure
of his or her identity may be necessary in order to investigate the facts surrounding the
allegation.
D. Implementation of Findings:
Where there is a finding by the Coordinator that harassment or discrimination has occurred, the College will
follow its established procedures as outlined in the Faculty Handbook, Staff Handbook or Fishtales, including
possible corrective action with appropriate due process protections for any accused, to ensure that the harassing
or discriminatory practice ceases. Violations of the Policy on Nondiscrimination or other College policies may
warrant imposition of sanctions. Continued violations of College policy on harassment and discrimination will
result in those violations being deemed presumptively willful. Continued, repeated, or multiple violations may
result in stronger sanctions.
If the Nondiscrimination Committee and the Coordinator conclude that the College should impose sanctions, they
will refer the matter to the appropriate authority. In a case in which a student is accused, the Dean of Students
or the College Judicial Council will implement sanctions. In a case in which a faculty member is accused, the
Provost of the College or the Committee on the Faculty will implement sanctions. For a case in which a staff
member is accused, the appropriate Cabinet officer or designee will implement sanctions. For a case in which a
Cabinet officer is accused, the person or group to whom that officer reports will implement sanctions. In the case
of the President or a Board member the matter will be referred to the Chair of the Committee on Trustees who will
proceed according to Board guidelines. All such implementations are normally carried out within thirty days of the
appropriate authority receiving formal notification of the case, with the exception that the appropriate authority
may extend the time for fifteen additional days under extenuating circumstances. If the academic term ends within
the thirty-day period or the fifteen-day extension thereby precluding resolution, the time periods may extend into
the following term.
Except in circumstances where immediate action is necessary, any penalty or disciplinary action shall not be
implemented until an appeal has been made, or until the time limit for making an appeal has passed.
E. Appeals
Both the complainant and anyone accused have the right of appeal for any reason. Third parties (see section C.3
above) do not have any right to appeal. The failure to appeal within the stipulated time period shall constitute a
waiver of such appeal. A written statement outlining the grounds for the appeal must be received by the
Coordinator for Nondiscrimination within three days of issuance of a finding. Upon notification by the Coordinator
for Nondiscrimination that an appeal has been filed, the President will select a panel of three members of the
College community to hear the appeal.
The person filing the appeal is entitled to the following considerations if they are permitted by law and are
appropriate under the circumstances: notice of the time and place of the proceedings; access to relevant documents,
the presence of an advisor drawn from the Randolph-Macon community; opportunity to present new information or new
witnesses; receipt of notice of the disposition of the appeal; and freedom from retaliation. The panel will inform
the President of its findings and the President shall make the final decision in the case. All decisions of the
President are final. Normally, this process will be completed and a response provided in writing within thirty days
of the filing of the appeal.
Appendix 1: Discrimination and Harassment
The following are examples of activities that could be considered discrimination, harassment or sexual
harassment. The lists are not meant to be exhaustive, but only give an idea of what could occur.
Examples of Discrimination:
- Not hiring an applicant for employment due to that individual’s race or age.
- Not allowing a student to join a particular club on campus based on that individual’s sexual orientation or
national origin.
- Failing to make reasonable accommodations for a student or employee with a disability.
Examples of Sexual Harassment:
Requesting sexual favors that may be subtle or overt but particularly when the requests are suspected to be
linked to career advancement or academic rewards.
Committing physical assault of a sexual nature, for instance, inappropriate touching or rape.
Sending unwelcome letters, notes, or materials or making phone calls of a sexual nature.
Name calling, teasing, or making other derogatory or dehumanizing remarks involving sex, gender or sexual
orientation.
Examples of Harassment:
- Threatening or intimidating another person because of the person’s race, gender, disability, age, national
origin, religion, sexual orientation, or gender expression.
- Committing hostile acts that are based upon another’s race or color.
- Bullying or intimidating anyone, either physically or psychologically.
Appendix 2: The Office of the Ombuds
The Ombuds are advisors, conflict resolution facilitators, and advocates available to all members of the college
community on an informal, confidential basis. They are appointed by the Provost to three-year terms and are
eligible for reappointment. Persons who believe or suspect they are victims of discrimination, harassment, or any
other behavior that prevents them from participating as full members of the college community may contact an Ombuds
to consider the options for response.
Appendix 3: The Nondiscrimination Committee
The Nondiscrimination Committee serves in an advisory capacity to the Coordinator in matters pertaining to
harassment and discrimination. The Nondiscrimination Committee shall consist of the Coordinator, the Dean of
Students or his/her designee, the three College Ombuds, the Director of Human Resources, the Sexual Assault
Awareness Education Coordinator, the Director of the Counseling Center, and two faculty members elected by the
Faculty for staggered three-year terms. The Chair of the Committee shall rotate among the three College
Ombuds.
12.14 Policy on Intellectual Property Rights
Randolph-Macon College has a policy on Intellectual Property Rights. The purpose of this policy is to promote
the free search for truth by faculty, staff, students and visitors at Randolph-Macon College while guarding the
rights of authors of intellectual property and the rights and appropriate interests of the College in the use of
its facilities and resources. This policy is outlined in Appendix B of this handbook.
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