POLICY STATEMENT
Xavier University School of Medicine (henceforth referred to as “University”) is committed to maintaining a learning and working environment that is free of bias, prejudice, discrimination and harassment and an environment that supports, nurtures, and rewards career and educational advancement purely on the basis of ability and performance. Discrimination or harassment based upon race, color, religion, sexual orientation, gender and/or gender identity or expression, marital or parental status, national origin, ethnicity, citizenship status, veteran or military status, age, disability or any other legally protected basis is prohibited by law and undermines the character and purpose of the University. Such discrimination or harassment is illegal, against University policy, and will not be tolerated.
REASON FOR POLICY
To provide a learning and working environment that is free of all forms of harassment and discrimination and is supportive of the right of all individuals to be treated with respect and dignity.
ENTITIES AFFECTED BY THIS POLICY
The policy and procedures for resolution apply to all employees, students and individuals who are authorized to conduct business with and/or perform other services on behalf of the University who believe they may have been harassed or discriminated against on the basis of race, color, creed, religion, gender (including pregnancy, childbirth, or related medical conditions) age, sexual orientation, gender identity and expression, genetic information, national origin, disability, ancestry or any other characteristic protected by law.
DEFINITION OF PROHIBITED CONDUCT
Discrimination is adverse treatment of any employee or student based on the protected class or category of persons which he/she belongs, rather than on the basis of his/her individual merit, with respect to the terms, conditions, or privileges of employment or education including, but not limited to hiring, firing, promoting, disciplining, scheduling, training, grading, class or work assignment, compensation, or participation in any academic or University program.
Harassment is unwelcome verbal or physical conduct prohibited by law directed toward, or differential treatment of, an employee or student because of his/her membership in any protected group or on any other prohibited basis (e.g., race, color, religion, sexual orientation, gender and/or gender identity or expression, marital or parental status, national origin, ethnicity, citizenship status, veteran or military status, age, disability), where such conduct interferes with the employee's work performance, student's education, or creates an intimidating, hostile or offensive working or learning environment. The harasser can be the employee or student's supervisor, a supervisor in another area, a co-worker, the student's teacher, a fellow student or someone who is not an employee of the University, such as a client or customer.
Examples of such conduct include, but are not limited to:
- Offensive or degrading remarks, verbal abuse, or other hostile behavior such as insulting, teasing, mocking, degrading or ridiculing another person or group, racial slurs, derogatory remarks about a person's accent, or the display of racially offensive symbols.
- Unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands.
- Physical assault or stalking.
- Displays or electronic transmission of derogatory, demeaning or hostile materials.
- Unwillingness to train, evaluate, assist, or work with an employee or student.
Sexual harassment is a form of behavior that consists of making unwelcome sexual advances or requests for sexual favors, or engaging in other verbal or physical acts of a sexual or sex-based nature where such conduct interferes with the employee or student's performance or creates an intimidating, hostile or offensive working or learning environment. Conduct constitutes sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of any individual's employment, academic standing or participation in any University program, activity or benefit.
- Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual.
- The conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creates an intimidating, hostile or abusive work or academic environment.
Examples of sexual harassment include, but are not limited to:
- Requesting or demanding favors in exchange for employment or academic opportunities (such as hiring, promotions, class assignments, grades or recommendations).
- Submitting unfair or inaccurate job or academic evaluations or grades, or denying training or academic opportunities, because advances have been rejected.
- Sexual comments, teasing or jokes.
- Sexual slurs, demeaning epithets, derogatory statements or other verbal abuse.
- Graphic or suggestive comments about an individual's attire or body.
- Inquiries or discussions about sexual activities.
- Pressure to accept social invitations, to meet privately, to date or have sexual relations.
- Displaying suggestive notes, drawings, emails or other written materials.
- Touching, brushing up against another in a sexual manner, graphic or suggestive gestures, cornering, pinching, grabbing, kissing, or fondling.
- Coerced sexual intercourse or sexual assault.
All forms of harassment or discrimination are unacceptable in the workplace, classroom, student and faculty housing, University facilities, and in other University‐related settings, such as University‐sponsored social functions and events. This behavior violates University policy even when it may not be sufficiently severe or pervasive to constitute a violation of law.
CONSENSUAL RELATIONSHIPS
Sexual behavior that is welcome or consensual does not constitute sexual harassment under the law. However, amorous, dating or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between: i) co-workers, ii) a faculty, staff, student or community member or iii) any person for whom an employee has a professional or academic responsibility. These dangers can include:
- That a student or employee may feel coerced into an unwanted relationship because he or she fears the refusal to enter into the relationship will adversely affect his or her education or employment;
- That conflicts of interest may arise when a faculty member, supervisor, or other member of the University community is required to evaluate the work or make personnel or academic decisions about a person with whom he or she is having a romantic relationship;
- That students or employees may perceive that a fellow student or co-worker involved in a romantic relationship will receive an unfair advantage, or
- That if the relationship ends in a way that is not amicable, either or both of the parties may wish to take action to injure the other party.
Faculty, supervisors and other members of the University community who are professionally responsible for other individuals, must remain aware that any romantic or sexual involvement with a student or employee for whom they have any academic or professional responsibility will raise questions about their integrity, credibility and professionalism, the mutuality of the relationship and may lead to charges of sexual harassment.
For the reasons stated above, such relationships are not promoted, encouraged, tolerated, or permitted. Even though such situations may not necessarily be illegal they have a very high potential of affecting the mission and goals of the school as a place of education and higher learning.
SCOPE
The Medical School has designated Office of the Dean of Student Affairs and the “Grievances Committee” as having primary responsibility for receiving and investigating complaints of harassment and discrimination and acting upon them through both informal and formal processes.
DUTY TO REPORT
In order to ensure the University is free of prohibited harassment or discrimination, University management, deans, department heads, faculty members, directors, supervisors, and all other employees are required to report all incidents of harassment or discrimination that they may have witnessed or been informed about.
The most appropriate recipients of reports are:
- Chief Academic Officer
- Dean of Clinical Sciences
- Dean of Basic Sciences
- Dean of Student Affairs
- The employee's immediate supervisor
It is not always easy to interpret words or actions that may be ambiguous and one may think are inappropriate. Therefore, the persons noted above are available to discuss the circumstances and address any matter before they become severe or pervasive.
If a report is made to any of these offices or individuals, and that is not the appropriate recipient of the report, it becomes the responsibility of the recipient to forward the report to the appropriate office. If staff at any of these offices is implicated in the harassment or discrimination, the report should be made to the President of the University.
TYPES OF COMPLAINTS
INFORMAL COMPLAINT
During the informal complaint process, a complainant shares his/her concern with the office of the Dean of Student affairs / Chair of the Grievances committee or member. The staff member may suggest ways the complainant can resolve the issue(s) in an informal, non-adversarial approach that satisfies all concerned parties.
When filing an informal complaint, the individual must provide the following information:
- the name of the complainant;
- the specific nature of actions/behaviors leading to the allegation of harassment or discrimination;
- the date(s) and time(s) of the occurrence(s) of harassment or discrimination;
- a detailed description of the occurrence(s) of the harassment or discrimination;
- the name(s) of the person(s) the complainant is accusing of the harassment or discrimination;
- the name(s) of other individual(s) who have knowledge of the occurrence(s) of the harassment or discrimination brought forth in the complaint; and
- the remedy or relief that is being sought.
FORMAL COMPLAINT
If at any time the complainant considers the informal complaint procedure unsatisfactory, he/she may elect to forego the informal procedure and request that a formal complaint be initiated. The complaint can be emailed at appeals@xusom.com.
The individual(s) accused by the complainant is/are provided a copy of the written report of the complaint and given an opportunity to respond to the allegation(s). The appropriate managers are informed of the filing of a formal complaint on a need-to-know basis.
RESPONSIBILITIES
Complainant Responsibilities
A formal complaint should be filed as soon as possible following the occurrence(s) of the harassment or discrimination; prompt filing within ninety (90) days of the incident or the last occurrence is strongly encouraged. However, the Medical School retains the right to review a complaint of harassment or discrimination that is filed beyond the recommended time period.
Office of the Students Affairs and Grievances Committee Responsibilities
A staff of the above person initiates the investigation of the complaint within ten (10) working days of receipt of the formal/written complaint or within a time frame after the informal complaint has been filed by the complainant. Documents relevant to the investigation are held in a confidential case file. Information is shared with all parties on a need-to-know basis during the investigation of the complaint.
The Dean of student affairs or his designee/ Chair of the Grievances Committee will inform the party against whom the complaint is made that a harassment or discrimination complaint has been filed against him/her. The respective managers of the complainant and the accused will be informed on a need-to-know basis.
Upon completion of the investigation, the chair reviews the findings with all of the appropriate parties. Every effort is made to complete the review within forty-five (45) working days after the complaint is filed.
If the Chair determines through its investigation that the allegations in the complaint are probable, it will recommend to the appropriate person that disciplinary action be taken against the accused individual. Disciplinary action, which may include expulsion or discharge, will be appropriate to the offense and individuals involved. The complainant will be notified either verbally or in writing of the disposition of the investigation. The accused will be notified either verbally or in writing of the findings and, where/when appropriate, the recommended sanctions.
PROCEDURES
If any individual(s) (complainant) believes he/she has been subject to harassment or discrimination, the individual should initiate a complaint immediately by calling or visiting the Dean of Students affairs to arrange an appointment as soon as possible. The longer the period of time between the incident and the initiation of a complaint, the more difficult it is to reconstruct what occurred. A complaint should be filed as soon as possible following the occurrence(s) of the harassment or discrimination; prompt filing within ninety (90) days of the last occurrence is strongly encouraged. However, the Medical School retains the right to review a complaint of harassment or discrimination that is filed beyond the recommended time period.
The presence/involvement of legal counsel is not permitted at any time during the harassment or discrimination complaint procedures. However, the representative is not a part of the proceedings, but they may be available for support. All parties involved in an investigation, are required to keep information related to the investigation confidential.
INVESTIGATION/DISPOSITION OF COMPLAINT
The investigator will conduct a prompt, thorough and impartial investigation of the complaint in the manner he or she deems necessary. For student complaints of sexual discrimination or sexual harassment, the investigator shall determine whether it is more likely than not the alleged conduct has occurred.
During the investigation, the parties to the complaint will each have an equal opportunity to be heard and to present relevant witnesses and evidence. The parties will also be informed of the status of the investigation as deemed appropriate. Depending on the circumstances, interim measures that the University may provide include, but are not limited to, suspension, 'no contact' orders, health and counseling services, room, class, or work reassignments, and so forth.
Absent unusual circumstances, a final recommendation should be issued within forty-five (45) days of receipt of the complaint.
If it is determined that no violation of this policy has occurred, such findings shall be communicated in writing to each party.
If it is determined that a violation of this policy has occurred, such findings shall be communicated in writing to each party and sanctions shall be imposed. Sanctions may include, but are not limited to, mandated training, written reprimand, suspension or termination of employment, or expulsion. Sanctions imposed may be appealed through the appropriate appeals process depending on the status of the accused. The University will take steps to prevent the recurrence of any discrimination or harassment, and to remedy its effects.
If the results of an investigation show that the complainant knowingly filed false accusations of discrimination or harassment, or that a witness knowingly gave false statements, such individuals will be subject to the appropriate disciplinary action.
The investigation, remedial action and appeal processes are strictly internal to the University, so the presence of legal counsel or third parties is not permitted at any stage of the process, unless otherwise explicitly required by law or collective bargaining agreement.
RETALIATION
Retaliation against an individual for filing a complaint of harassment or discrimination, or against any individual for cooperating in an investigation of a complaint, is against the Medical School policy and it is against the law. If retaliation is found to have occurred, appropriate action(s) will be taken.
CONFIDENTIALITY
The University will maintain the confidentiality of the complaint to the greatest extent possible, consistent with the law and the University's goal of conducting a thorough and complete investigation. Efforts will be made to safeguard the privacy and rights of all persons involved.
SEXUAL ASSAULT
Sexual assault is a sexual act against the will and without the consent of the victim or where the victim is incapable of giving consent. Since the medical, emotional, and legal needs of a sexual assault complainant may differ from those of other harassment complaints, sexual assault victims should consider, in addition to filing a University complaint, reporting the assault to the police and/or pursuing counseling and other services.
Appendix:
Discrimination Formal complaint form