Student Grievance Procedure
Susquehanna University
Anti-Harassment and Non-Discrimination Policy and Procedures
Central to the mission of Susquehanna University is the establishment and maintenance of an environment in which the dignity and worth of all individuals within the institutional community are respected. Therefore, it is the responsibility of each person on campus to respect the personal dignity of others and to demonstrate a basic spirit that precludes harassment and discrimination. While the university is committed to freedom of thought, discourse, and speech and the attainment of the highest quality of educational and academic pursuits, the university is compelled to establish this policy on behaviors that would interfere with these freedoms.
Harassment or discrimination in any context is reprehensible but of particular concern to an academic community in which students, faculty and staff must rely on bonds of intellectual trust and dependence. Therefore, harassment or discrimination will not be tolerated. Specifically, the university expressly prohibits any form of unlawful harassment of its employees or students based on age, color, disability, gender, gender identity, national or ethnic origin, race, religion, sexual orientation, veteran status or any other basis protected by applicable federal, state or local laws. Those inflicting such behavior on others are subject to the full range of institutional disciplinary actions, up to and including termination from the university, but also any legal action that may accompany such acts.
A. Definitions
1) Sexual Harassment is any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, when:
• Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational advancement, or evaluation, or
• Submission to or rejection of such conduct is used as the basis for employment or educational advancement, or evaluation, or
• Such conduct, of a severe and pervasive manner, has the purpose or effect of interfering with an individual's work performance or educational experience; creates an intimidating, hostile, or offensive work/educational environment.
• Unwelcome behavior is if the individual did not solicit or invite conduct, and particularly if he or she indicates that s/he finds the conduct undesirable or offensive. Acquiescence or failure to complain does not mean that the conduct is welcome.
However, if an individual actively participates in sexual banter or discussions without giving an indication that he or she does not like it, it will more than likely not meet the definition of "unwelcome."
Intent vs. Impact
It is the impact of the behavior, not the intent of the person who exhibited the behavior that determines whether or not sexual harassment has occurred. According to the law, actual intent is irrelevant. Courts have found a hostile environment exists if the victim believes the environment to be abusive and a reasonable person would find it to be an abusive environment.
2) Harassment - a person engages in harassment when, with the intent to harass, annoy, or alarm another person, he or she:
• Engages in inappropriate physical behavior including but not limited to striking, shoving, and kicking or otherwise subjects others to physical contact, or threatens to do the same; or
• Follows a person in or about a public place or places; or
• Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Depending on its severity, a single act may constitute harassment.
a. Racial Harassment - Verbal or physical conduct that is directed at an individual because of his or her race, color, national origin or ethnicity, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities.
b. Sexual Orientation Harassment - Verbal or physical conduct that is directed at an individual because of his or her sexual orientation, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities.
c. Gender Harassment - Verbal or physical conduct that is directed at an individual because of his or her gender, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities.
d. Gender Identity Harassment - Verbal or physical conduct that is directed at an individual because of his or her gender identity, the degree to which a person identifies as male, female, or some combination, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities.
e. Disability Harassment - Verbal or physical conduct or a pattern of a lack of reasonable accommodation that is directed at an individual because of his or her mental or physical impairment, and that is sufficiently severe or pervasive so as to have the effect of creating an intimidating, hostile, or offensive work or educational environment which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities.
f. Religious Harassment - Verbal or physical conduct that is directed at an individual because of his or her religion and/or religious pertaining to religion and that is sufficiently severe or pervasive as to have the effect of creating an intimidating, hostile, or offensive work or educational environment, which unreasonably interferes with work or educational performance, or negatively affects an individual's employment or educational opportunities.
g. Discrimination - Actions based on race, color, religion, sex, age, national origin, ancestry, disability or veteran status, that are sufficiently severe or pervasive enough to have the effect of substantially interfering with one's employment or educational performance or creating an intimidating, hostile or offensive employment or educational environment. As federal law changes the more stringent protections will supersede these.
3) Harassment/Discrimination Grievance Procedures
a. Description of Process
If there is a grievance, you will need to contact, verbally or in writing, the Director of Human Resources and Risk Management or the Chief Diversity Officer who will explain the process and answer any questions you might have. Unsigned written or anonymous oral complaints will not be processed nor believed to have merit. All parties involved including peer supporter will be reminded to keep all information related to the complaint confidential.
The purpose of the informal complaint resolution is to encourage the reporting of complaints concerning harassment or discrimination and to facilitate satisfactory resolution of the complaint without undue anxiety and provocation for the parties involved. An individual making a harassment or discrimination complaint does not have to speak first with his or her supervisor or the person against whom the allegation has been made. However, he or she is encouraged to do so with the assistance of his or her peer supporter (who may be a university employee or another university student as outlined in the paragraph below) in the presence of the
Maureen Pugh
Director of Human Resources and Risk Management
First Floor, Selinsgrove Hall
514 University Avenue
Selinsgrove, PA 17870
570-372-4157
pugh@susqu.edu
Lisa Scott
Special Assistant to the President and Chief Diversity Officer
Second Floor, Selinsgrove Hall
514 University Avenue
Selinsgrove, PA 17870
570-372-4451
scottl@susqu.edu
B. Informal Complaint Resolution
If a complainant so desires, he or she may waive the informal resolution process and proceed directly to a formal investigation. The CDO is designated as the office of referral for information and advice, unless the complaint is against a member of that office. In that case, the complainant should contact the Executive Vice President for Administration and Planning.
Students: In the event that a complaint is generated by a student, the CDO will refer the student to the Dean of Students, unless the complaint is against a member of that office. In that case, the complainant will be referred to the Provost.
If a complainant desires, when filing a complaint he or she may be accompanied by another university employee or another university student who may advise and assist the complainant throughout the resolution process. The peer supporter must be an individual from within the university community and can include, but is not limited to, a faculty or staff member, Director of Human Resources and Risk Management, or a member of the Department of Residence Life & Civic Engagement (Director, Associate Director, Assistant Director, or Coordinator).
The complainant (and the peer supporter) will discuss the complaint with the person against whom the allegation has been made in the presence of the CDO (or Dean of Students) in order to reach resolution of the complaint. (In the event that the person against whom the allegation has been made should be from the Office of the CDO or the Dean of Students, the complainant will discuss the complaint in the presence of the Executive Vice President for Administration and Planning or the Provost). However encouraged, there is no obligation on the part of the person against whom the allegation has been made to participate in the informal resolution process. If the complaint cannot be resolved informally, or step one is bypassed, the complainant may file a formal complaint.
All communications from the Office of the CDO or the Dean of Students will be confirmed in writing only to the extent that defines the dates and times of meetings, the individuals present and whether or not a resolution to the complaint was reached. None of these confirmatory documents will be a part of either person's personnel files and due process protection will be afforded both parties.
Personal legal counsel for either party may not be present during either informal or formal complaint resolution.
C. Formal Complaint Resolution
If the complaint cannot be resolved informally, or step one is bypassed, the complainant may file a formal complaint. Except as noted above when the person against whom the allegation has been made is in the Office of the CDO, the CDO will make formal complaint forms available to offices and departments across campus. Formal complaints will be investigated and resolved in accordance with the procedures outlined below.
1) Complaints against a university employee - Complaints against a university employee are filed with the Office of the CDO, which is responsible for initiating the formal resolution process. The CDO will conduct an investigation meeting or meetings.
In the event that the person against whom the allegation has been made is a Vice-President, the complainant will file with the Office of the CDO who will investigate and the Office of the President will make a final determination. Should the person against whom the allegation has been made be from the Office of the CDO, the Executive Vice-President for Administration and Planning will investigate and make a final determination.
Students: In the event that a complaint is generated by a student, the CDO will refer the student to the Dean of Students, unless the complaint is against a member of that office. In that case, the complainant will be referred to the Provost.
Individual investigation meetings will be conducted by the CDO or the Dean of students with both the complainant, the person against whom the allegation has been made, (with their respective peer supporter if they so desire), and any witnesses who could corroborate or clarify the facts in question.
Investigation meeting(s) will commence within ten working days following notification by the CDO or the Dean of Students to the person against whom the allegation has been made.
The CDO or the Dean of Students will then forward her or his report to the supervising vice-president of the person against whom the allegation has been made, or in the case of faculty, to the provost for review and resolution along with the evidence gathered during the investigation meeting(s). Any formal action to be taken against a party as a result of the factual findings in the submitted report will be taken in accordance with the applicable policy or the Code of Student Conduct.
2) Complaints against students - Complaints against students, generated either by a student or a university employee, should also be made to the Office of the CDO. A report will be forwarded to the Division of Student Life and action will be taken in accordance with The Code of Conduct and "Conference and Hearing Board Referrals.” Should the person against whom the allegation has been made be from the Office of the CDO, the Executive Vice-President for Administration and Planning will investigate and make a final determination.
3) Protection of Both Parties
a. Notice. When the formal investigation process has begun with the filing of a written complaint, copies of the complaint will be forwarded to the person against whom the allegation has been made. If the allegations are not substantiated, the person against whom the allegation has been made will be notified.
b. Abuse of Reporting. False and malicious accusations of harassment or discrimination will not be tolerated and those individuals making them will be subject to university sanctions.
c. Retaliatory Actions. Retaliation by the person against whom the allegation has been made or any other university employee against the complainant as a result of filing a harassment or discrimination complaint will not be tolerated and the individual will also be subject to university sanctions. Reasonable action will be taken to assure the complainant and those involved with an investigation on his or her behalf will suffer no retaliation from the person against whom the allegation has been made or others within the university.
d. Suspension from Employment. In certain circumstances to protect the complainant or to prevent harm to others, the vice-president, or in a case involving a faculty member, the provost may at any time during the complaint process suspend the person against whom the allegation has been made from his or her primary duties and responsibilities until the matter is resolved.
e. Failure to cooperate with investigation. If the person against whom the allegation has been made elects not to cooperate with the investigation, the CDO will complete the report based on the information in his or her possession.
f. Confidentiality and Completed Report. During complaint process, the university will make every effort to assure confidentiality and to protect the due process rights of both individuals. Both individuals will be fully informed of the steps taken during the course of the complaint procedures by the CDO who conducts the investigation. In addition, both parties will be informed within ten working days of the completed report, whether the report has been forwarded to the appropriate vice president and the president. In the event that the complainant may be subject to disciplinary action, a copy of the report will be provided in a timely manner. A record of the complaint will be located in a file separate from the general personnel file of the complainant and the accused. Sanctions will also be recorded in this file.
g. Unfounded Report. If the matter is determined as unfounded after the conclusion of an investigation by the CDO, then the Office of the President or the individual's supervising vice-president will issue a letter to that effect and the matter will be deemed closed.
h. Notification to Complainant. Within ten (10) working days of the conclusion of the investigatory process and a decision by the president or appropriate vice president, the complainant will receive a letter regarding whether the allegation was judged to be founded or not founded. If founded, the letter will not specify specific disciplinary actions, which are part of an individual's personnel file.
D. Sanctions
In all instances, the president or supervising vice president retains the sole power and discretion to take formal disciplinary action against an employee or student. Individuals who are found to have violated this policy will be subject to disciplinary actions as set forth by Board of Trustees Policy, University Policy, Faculty Handbook or Code of Student Conduct. Such action could include, but is not limited to, an informal oral reprimand, a written reprimand or other disciplinary action up to and including termination of employment.
E. Right of Appeal
A three-member President's Appeal Board will be appointed annually by the Office of the President. The appeal board will be comprised of a faculty member, an administrator and an hourly staff member. The complainant and the person against whom the allegation has been made will be entitled to one written appeal of any decision rendered. Appeals must be based only on new evidence (not considered during the investigation) or procedural error. In preparation of the appeal, both the accused and the complainant will have normal access to their file. Such appeal will be heard by the President's Appeal Board, which will forward its recommendation to the president. Appeals will be filed no later than ten days after the receipt of a report. All faculty appeals will be done in accordance with the Faculty Handbook and the Governance structure presented therein.
Should the person against whom the allegation has been made be a student, he or she should refer to the “Hearing Board Procedures” as outlined in the Code of Student Conduct for information on due process, Conduct Board recommendations and the imposition of sanctions.
F. Policy Applicability
Individuals are encouraged to use these complaint procedures but are not required to do so and may choose to pursue other civil and legal options. Individuals may choose to pursue the complaint through use of the procedures of external agencies such as the Pennsylvania Human Relations Commission, Equal Employment Opportunity Commission, the Office of Civil Rights.
Upon notice that a complaint has been filed with an outside agency, the procedures in this policy are temporarily suspended.
These Susquehanna University harassment/discrimination procedures set forth are not intended to interfere with any legal rights under the statutes of the Commonwealth of Pennsylvania or the United States of America.
G. Time Frame
In order to give the complainant time to finish a class, a semester, a particular job assignment, an evaluation period or any other similar reason, the complainant may file a formal complaint of harassment or discrimination up to one hundred and eighty days following the alleged incident of harassment or discrimination.
Formal complaints filed within this period will be investigated even though the complainant has terminated her or his association with the university. Action under this policy will not be taken if the person against whom the allegation has been made has terminated his or her association with the university. Allegations made against students will continue through the Code of Student Conduct procedures as usual even if a student withdraws or ceases to be a student at Susquehanna University.
H. Posting of Policy
This policy will be posted at multiple sites across the campus community. In addition, it can be found at https://sharepoint.susqu.edu/sitedirectory/hr/Policies/Anti-Harassment_and_Non-Discrimination.pdf
I. Third-Party Complaints
Instances may arise when the harassing or discriminatory conduct of a university employee interferes with a third party's work or educational environment at the university. In these instances, third party complaints will be investigated. Students, faculty and staff members who wish to file complaints will follow those procedures outlined in Section A of the Harassment or Discrimination Complaint Procedures.
Effective: April 26, 2010
Posted: June 22, 2010
