Policy on Harassment and Nondiscrimination
(This revised version of 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
1. 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.
2. 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.
3. 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.
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.
1. 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). 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.
2. 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.
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.
3. 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.