Discrimination and Harassment Policy

Introduction

The fundamental principle underlying this policy is that an academic community must be open to discourse and full participation by each of its members. Discrimination or harassment designed to silence, stigmatize, marginalize, or exclude any individual is not only unjust and unfair, but also is incompatible with the university mission to educate and to seek truth.

Hamline University will not tolerate harassment or discrimination based on race, color, gender, ethnic background, national origin, sexual orientation, marital or parental status, disability, religion, age, or veteran status in its employment or educational opportunities.
This policy is intended to prevent such discrimination or harassment, if possible, and to remedy any discrimination or harassment that does occur firmly, fairly, and promptly. All students, faculty, staff, and employees must comply with this policy. Independent contractors against another independent contractor or an employee of an independent contractor shall not interpret this policy to allow complaints. In addition, if Hamline cannot apply this grievance procedure, Hamline reserves the right to pursue any other avenue of redress available.

Retaliation for bringing or participating in any investigation or proceeding under this policy will not be tolerated and will be independent grounds for discipline. Nothing contained in this policy limits any rights of Hamline University or in any way restricts Hamline University from investigating or taking appropriate remedial action.

Where harassment conduct may also constitute sexual violence, the university's Sexual Violence Policy may also apply and should be reviewed. Among other things, an assault should be reported to the Dean of Students office, Safety and Security, and/or the Saint Paul Police Department; a grievance may be initiated under this policy; criminal proceedings may be initiated and may be pursued concurrently with, and/or in addition to, proceedings under this policy and/or any other university investigation or proceeding. The university reserves the right to advise criminal authorities under any circumstances it deems appropriate.
The Board of Trustees approved this policy on May 4, 1993.

Discrimination Defined and Prohibited
It shall be a violation of Hamline University employment policies and academic rules, punishable as set forth below, for any Hamline employee or student to discriminate against any member of the Hamline community with respect to any employment or educational opportunity on the basis of race, color, gender, ethnic background, national origin, sexual orientation, marital or parental status, disability, religion, age, or veteran status.

Harassment Defined and Prohibited
It shall be a violation of Hamline University employment policies and academic rules for any Hamline employee or student to harass any member of the Hamline community on account of race, color, gender, ethnic background, national origin, sexual orientation, marital or parental status, disability, religion, age, or veteran status. Hamline will not tolerate any such harassment and will take appropriate remedial action, including discipline.
There are two types of harassment: sexual harassment and harassment by personal vilification.

1. Sexual Harassment - Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact and other verbal or physical conduct or communication of a sexual nature (1) when submission is made a term or condition, explicitly or implicitly, of obtaining employment or education; (2) submission or rejection is used as a factor in decisions affecting the individual's employment or education; or (3) which has the purpose or effect of substantially interfering with an individual's employment or education or creating an intimidating, hostile, or offensive employment or educational environment.
   
2. Harassment by Personal Vilification - Harassment by personal vilification includes oral remarks, written remarks, or conduct which (1) are based upon any perceived or actual personal characteristic (race, gender, etc., as listed in 2.01, above), and (2) are used to create an intimidating or hostile working, learning, or living environment for any individual or group of employees or students.

Procedures

Designated Official
Definition of Policy Terms
Complaint Initiation
Level I Mediation
Level II Investigation
Level III Hearing

The university will attempt to promptly resolve all complaints of harassment, but reserves the right in its sole discretion to alter the time limits set forth in these procedures in accordance with the academic schedule or otherwise. Among others, the grievance representative, grievance mediators, and investigators, are authorized to extend deadlines.

The President has designated to the Dean of Students in Student Affairs division, the responsibility for the selection, training, and coordination of the grievance representative, mediators, investigators, and hearing committee. In all appointments the Dean of Students will consult with the deans of the College of Liberal Arts, School of Education, Graduate School of Liberal Studies, School of Business, and School of Law, and the student government leaders of undergraduate students and School of Law.

The grievance representative's role is to receive complaints under this policy and initiate grievance proceedings. Copies of reports from all levels shall be sent to the grievance representative. The name of the grievance representative may be obtained from the Dean of Students office, the academic deans' offices, Human Resources, or Bush Library.

The grievance mediator's role is to seek a mutually agreeable resolution to a grievance. A list of approved mediators for the discrimination and harassment complaints will be kept in the offices of the grievance representative, Dean of Students, and the academic deans.

No one shall be permitted to serve on a grievance committee if a complaint is made against them. If accusations are made against the President, the chair of the Board of Trustees, or a board member as assigned, will make the final decision.

After a complaint is initiated, the following steps can occur:

• Level I Mediation, in which both parties attempt to arrive at a mutually satisfactory resolution with the aid of a trained mediator. If mediation does not resolve the grievance, it goes on to:
• Level II Investigation
• Level III Hearing
  

Designated Official
The mediated resolutions, investigator's findings or recommendations of the hearing committee will be forwarded for review and approval to the university official the Dean of Students designates.

Definition of Policy Terms

A. "Complainant" means a person (or persons) who alleges discrimination or harassment.
B. "Respondent" means a person (or persons) against whom discrimination or harassment is alleged.
C. The word "days" when used in a relationship to time limits herein means working days (not calendar days).

Complaint Initiation
An individual may confidentially meet with the grievance representative to review the options available. Upon receipt of a written complaint, which is signed and dated, the grievance representative will either select a mediator and forward the complaint to Level I mediation, or bypass the mediation process and forward the complaint to Level II Investigation. The mediator has similar discretion to proceed under Level II rather than Level I, if s/he deems it appropriate. The grievance representative will notify the respondent and provide a copy of the complaint.

If the complaint is assigned to a Level I mediation, the selection process of the mediator will be completed within five (5) days. The complainant and respondent will each be allowed to reject one mediator in which case another mediator will be selected.

The grievance representative will inform the Dean of Students that a complaint has been filed. The Dean of Students will check with the files to determine whether any previous charges have been recorded. Confidentiality will be maintained as reasonable/appropriate, but cannot be guaranteed.

Level I Mediation
Level I is a phase in which the selected mediator will mediate for the complainant and the respondent. The mediator's sole authority is to advise both parties in an attempt to seek a mutually agreeable resolution if possible.

The mediator's duties shall be to:

• Confidentially advise and assist both the complainant and the respondent in regard to proper procedures to seek resolution of the conflict.
• Attempt to a) secure a mutually acceptable resolution of the issue or b) to declare the issue at an impasse and advise the complainant on the Level II and Level III procedures.
• If the matter is resolved the mediator will report the case to the grievance representative and the designated official including the nature of allegations and the mediated resolution of the dispute. The mediated solution will be the official resolution of the case only upon review and approval by the designated university official.
• If the issue is not resolved to the satisfaction of both parties within ten (10) days after the selection of the mediator or if the alleged harassing behavior continues, the mediator will declare the dispute at an impasse and the grievance will proceed to Level II.
• If the matter moves to Level II or Level III, the mediator will forward the name of the complainant and respondent, the complainant's written statement, information gathered during mediation and a summary of the mediation process.
  

Level II Investigation
The following is the customary procedure for investigation at Level II.

1. The Dean of Students in the Student Affairs division will establish a list of investigators. The grievance representative will assign an investigator. The names of the complainant and the respondent, the complainant's written statement, information gathered during mediation, and a summary of the mediation process will be provided to the investigator.
2. The investigator will investigate the charges and make a determination within ten (10) days.
3. The investigator will use reasonable means to preserve confidentiality, but confidentiality cannot be guaranteed and disclosure of information may be necessary.
4. Based on his/her investigation the investigator will issue a written determination of whether or not there is probable cause to believe the policy was violated. The determination shall summarize the allegations, the evidence and the findings. The determination will be sent to the complainant, the respondent, and the grievance representative. In addition, a determination of probable cause will be sent to the Dean of Students and to the appropriate Vice President (if a staff member is involved) or to the faculty member's dean (if a faculty member is involved) and a determination of no probable cause will be sent to the designated official.
5. The respondent shall have ten (10) days after a determination of probable cause is sent to respond in writing to the grievance representative; a request for a hearing must be included in the response and made within that time period or a hearing shall be waived. If the respondent fails to timely respond, the determination may be deemed admitted and the Hearing Committee will review the determination and suggest sanctions to the designated official who shall then issue the final decision (including remedial measures), which shall not be subject to further review or appeal. If a timely request for hearing is made, the grievance representative will begin the hearing procedures.
6. If there is a determination of no probable cause, the complainant may appeal by making a request for hearing to the grievance representative in writing within ten (10) days after the determination is sent. If no timely request for hearing is made, the designated official shall review the determination and issue his/her decision. If the designated official agrees with the determination of no probable cause, his/her decision shall be final and binding. If the designated official determines that there is probable cause, s/he shall issue a written determination summarizing his/her decision, which shall then be treated as a finding of probable cause by the investigator, and Steps 4 and 5 above shall then apply.
7. In appropriate circumstances, the grievance representative may extend any deadline(s).
8. The office of the Dean of Students in the Student Affairs division will maintain files of all proceedings including mediated settlements and investigations resulting in a no probable cause determination. These files will be kept separate from regular student and employment files. These files will be available to mediators and investigators in any future case involving any of the same parties.
   

Level III Hearing
Upon initiation of the hearing procedures the grievance representative will convene the Hearing Committee.

The Hearing Committee will be convened as soon as reasonably possible after receipt of a timely request for hearing.
The Hearing Committee will consist of the following:

• One undergraduate, law, or graduate faculty member from each academic unit represented,
• One exempt staff member,
• One nonexempt staff member,
• One CLA, law, or graduate student from the academic unit where the complainant and/or respondent is enrolled,
• One floating representative dean, associate or assistant dean from the area (CLA, law, or graduate schools) where the complaint originates, or in cases where the complaint originates from the administrative staff, the vice president, chief officer or dean from that administrative area. The selection and representation of the Hearing Committee should be sensitive to the nature of the case. A new committee will be established bi-annually to hear cases for each academic year. The grievance representative in specific cases may remove committee members if there is a conflict of interest. If a committee member is so removed, the grievance representative will replace that individual with an individual of the same status.

1. The respondent and the complainant may review the investigation files. Court rules of evidence will not apply, nor will court rules of civil procedure apply. Fair and efficient resolution of the dispute will be the goal.
2. The respondent and complainant may be accompanied by an advocate for support but the advocate may not participate in the proceedings.
3. The hearing committee will meet and select its own chair and secretary to record the proceedings. The committee will review the case to determine (1) whether the facts, as alleged, are true, (2) whether the facts found to be true constitute discrimination or harassment under this policy and (3) make recommended sanctions. The committee may call individuals before it to inquire about the allegations.
4. Within ten (10) days after the hearing, the committee will meet with the designated representative to review its decision on the matter, including its recommended sanctions. These sanctions may include, depending on the severity of the offense and past history, one or more of the following:

   o Reprimand, public or private;
   o Appropriate community service;
   o Continued employment or attendance at the university being subjected to certain conditions;
   o Denial of salary increases;
   o Demotion or reassignment of teaching or supervisory responsibilities;
   o Suspension from attendance at the university for a specific period, or suspension without compensation for a specified period;
   o Dismissal from employment or expulsion from attendance at the university. Any sanction may be accompanied by required corrective action, such as treatment and/or counseling. As part of its recommendation the committee will include a suggested course for future assessment as it relates to faculty or staff review.

5. The designated representative will review each decision including the recommended sanction, and will, within ten (10) days, accept, reject, or modify the committee's decision and/or sanction with a statement of reasons. The designated representative will send written notice of the decision and the action to be taken to the parties, the respondent's supervisor and the grievance representative within this allotted time period. The respondent's supervisor shall be responsible for implementation of any action specified in the final disposition. In the case of a student respondent, the Dean of Students shall be responsible for implementation.
6. A copy of the investigator's files, answer, hearing committee decision and the designated representative's decision will be kept in the Dean of Students office for ten (10) years. Investigators in subsequent investigations of other cases under this policy may obtain these records. Sanctions under this policy will not preclude other actions or disciplinary procedures. The university affirms its right to use these records in any kind of administrative, governmental or judicial proceedings outside Hamline in which they are relevant or necessary.