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Policy Against Discrimination, Harassment and Bullying

 

In keeping with the historical values of Elizabethtown College, the College endeavors to treat all students and employees with dignity, justice and fairness. Elizabethtown College does not tolerate discrimination or harassment of any kind, or bullying against any member of the Elizabethtown College community. The College is committed to the existence of a respectful, safe and healthy working, living and learning environment and will ensure that Federal and state laws, as well as College policies prohibiting violence and discrimination, are fully enforced.

This policy is to be implemented throughout the College and adherence is the responsibility of all students, departments, administrators, faculty, and staff. Failure of a student to abide by this policy, including by participating in threatening, violent, discriminatory, or harassing conduct, may result in disciplinary action, up to and including expulsion from the college.

Any student who believes that he/she is being subject or witness to conduct that violates this policy, including any discrimination, harassment (sexual or other discriminatory) or bullying is encouraged to report the situation in accordance to the procedures set forth below

Non-discrimination Policy

Elizabethtown College does not discriminate on the basis of gender, race, color, religion, age, disability, veteran status, national or ethnic origin, ancestry, sexual orientation, gender identity and expression, possession of a general education development certificate as compared to a high school diploma, or any other legally protected status in hiring and promotion, in the administration of its educational programs and policies, scholarship and loan programs, and athletic or other College administered programs, except as such conditions may constitute bona fide occupational or assignment qualifications. Discriminatory acts of any kind are strictly forbidden.

Title IX

In compliance with Title IX of the Education Amendments Act of 1972, Elizabethtown College works to ensure that “no person shall...on the basis of sex, be excluded from participation in, denied benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The College’s Title IX Officer is Dr. Elizabeth Rider, Registrar/Associate Academic Dean, who can be reached at riderea@etown.edu, ext. 1333, or in High Library Room 208.

The College’s Title IX Deputy is Allison Bridgeman, Associate Dean of Students, who can be reached at bridgemana@etown.edu, ext. 1426, or at the Office of Residence Life, 541 S. Mount Joy Street, Elizabethtown.

Americans with Disabilities Act

Elizabethtown College will make reasonable accommodations for the known physical or mental disabilities of an otherwise qualified individual (as those terms defined in the American with Disabilities Act). If you have a disability which requires an accommodation, please contact Lynne Davies, Director of Disability Services (BSC 216, Ext. 1227). Students and the Director will engage an interactive process to determine reasonable accommodations. For more information about the process for requesting a reasonable accommodation, please consult the Disability Services web page.

Grievance Procedure for Students in Cases of Alleged Discrimination on the Basis of a Disability

Elizabethtown College policy and federal law prohibit discrimination on the basis of a disability. Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 require that a grievance procedure be available to a student who wishes to contest an administrative or faculty decision regarding documented disability-related accommodations and/or issues.

Informal Resolution

When a student wishes to contest an administrative or faculty decision regarding disability related accommodations and/or issues, s/he should make every attempt to resolve the problem through informal discussions with the person claimed to be responsible for the contested decision or act. If the student is unable to resolve the issue directly with that person, s/he should involve the Director of Disability Services for advice or help in negotiating a solution. The student may also contact that person's supervisor to assist in the informal resolution process.

Attempts to informally resolve the contested decision or act should occur within thirty (30) calendar days of the contested decision or act. If the issue cannot be resolved by communication, education, and/or negotiation to the student‘s satisfaction through the informal process, she/he may follow the formal process set forth below.

Formal Resolution

The student may file in writing a formal grievance with the Dean of the Faculty (for academic issues) or Dean of Students (for student life issues) – hereafter referred to as "the Dean.” The grievance statement should be as specific as possible regarding the decision or action(s) that precipitated the grievance: date, place, and people involved; efforts made to settle the matter informally; and the remedy sought.

  1. The Dean shall forward a copy of the grievance statement to all parties involved within one week of the receipt of the statement. The Dean will also provide a copy of the grievance statement to the Director of Disability Services who will be involved in resolution of the grievance as appropriate.
  2. The Dean shall investigate the matter set forth in the grievance statement. In conducting the investigation, the Dean may forward a copy of the grievance statement to the persons whose actions (or inactions) are the subject of the grievance and may request a written response to the grievance from appropriate individuals in the College. The Dean may also choose to interview witnesses, to meet with concerned parties, to receive oral or written presentations and to make other appropriate independent inquiry. Within thirty (30) business days of the filing of the statement, the Dean will make a decision on the merits of the student‘s grievance and the appropriate resolution of the situation. If resolution is not possible within thirty (30) business days, the Dean      shall inform the student of the reasons for delay.
  3. Copies of the decision by the Dean will be sent to the student, the Provost (when not issued by Provost), and the Director of Disability Services, where appropriate. A copy may also be sent to the department and/or persons whose actions (or inactions) are the subject of the grievance, as      appropriate. In the event that the student is not satisfied with the Dean's resolution of the grievance, a written appeal may be made to the Provost within (5) business days of the student's receipt of the Dean's resolution. If the student is not satisfied with the Provost's resolution of the grievance, a written appeal may be made to the President within (5) business days of the student's receipt of the Provost's resolution. The President's resolution shall be final and binding.
  4. A record of all formal grievances filed under this procedure will be maintained in the office of Disability Services, The Center for Student Success.

ADA/504 Compliance Officer for Employees is Nancy Florey, Director of Human Resources, Alpha Hall 203A, 717-361-1406.   ADA/504/ Title II Compliance Officer for Students is Lynne Davies, Director of Disability Services, Baugher Student Center 216, 717-361-1227.

If an individual is dissatisfied with the outcome from Elizabethtown College’s grievance procedure or if he/she has other concerns in this regard,, he/she may choose to contact the Office of Civil Rights within the U.S. Department of Education at https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm

Adapted from the web site: Boston University, Office of Disability Services, Policies and Procedures and “Disability Resources & Services Student Handbook” Scottsdale Community College.

Harassment Policy

The College defines harassment as any behavior, verbal or physical, which creates an intimidating, hostile or offensive work, learning or living environment, particularly if questionable behavior is repeated and/or if it continues after the offending party is informed of the objectionable and/or inappropriate nature of the behavior, and which is based on individual characteristics including gender, race, color, religion, age, disability, veteran status, national or ethnic origin, ancestry, sexual orientation, gender identity and expression or any other legally protected status. 

The totality of the circumstances of any given harassment incident must be carefully investigated, but prohibited harassment may take many forms. The most common examples include:

  1. Verbal harassment such as jokes, epithets, slurs, negative stereotyping, and unwelcome or patronizing remarks about an individual’s body, color, physical characteristics or appearance.
  2. Physical harassment such as physical interference with normal work, impeding or blocking movements, assault, unwelcome physical contact, staring at a person’s body, or threatening, intimidating or hostile acts that relate to a protected characteristic.
  3. Visual harassment such as offensive or obscene photographs, calendars, posters, e-mails, cards, cartoons, drawings and gestures, display of lewd objects, unwelcome notes or letters, or any written, electronic, or graphic material that denigrates or shows hostility or aversion toward an individual.

The above definition includes sexual harassment, which is specifically defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or conduct directed toward another person because of his/her gender where:

  1. Submission to such conduct is made -- either implicitly or explicitly -- a term or condition of a person’s academic or employment status;
  2. Such behavior has the purpose or effect of substantially interfering with the individual’s academic or work performance or creating an intimidating, hostile or offensive classroom or working or academic environment; or
  3. Submission to or rejection of such conduct by an individual is used as a basis for decisions affecting the individual.

The definitions also include sexual violence-including physical sexual acts perpetrated against a person’s will, as defined in the Sex Discrimination/Sexual Misconduct Policy .

The College prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if these acts do not involve conduct of a sexual nature.

Sexual harassment and gender-based harassment are forms of sex discrimination prohibited by Title IX. Elizabethtown College is committed to providing all students with an educational environment free from discrimination.

Bullying

The College is committed to the elimination of all forms of bullying and will ensure that procedures exist to allow complaints of bullying to be dealt with and resolved without limiting any person’s entitlement to pursue resolution of their complaint within the relevant statutory authority.

Bullying is unwelcome or unreasonable behavior that demeans, intimidates, or humiliates people either as individuals or as a group. Bullying behavior is often persistent and part of a pattern, but it can also occur as a single incident. It is usually carried out by an individual but can also be an aspect of group behavior. Context is important in understanding bullying, particularly verbal communication. There is a difference between friendly banter exchanged by colleagues and comments that are meant to be, or are taken as, demeaning.

Mobbing is a particular type of bullying behavior carried out by a group rather than by an individual. Mobbing is the bullying or social isolation of a person through collective unjustified accusations, humiliation, general harassment, or emotional abuse. Although it is group behavior, specific incidents such as an insult or a practical joke may be carried out by an individual as part of mobbing behavior.

Bullying is unacceptable behavior because it breaches principles of equality and fairness, and it frequently represents an abuse of power and authority. It also has potential consequences for everyone involved.

Procedure for Reporting Discrimination, Harassment or Bullying

The College will not tolerate any form of discrimination, harassment or bullying. Any student who believes he/she is being subjected to these offenses (including, but not limited to, sexual harassment) shall report the situation to any of the following authorized persons: Dean of Students , Director of Student Rights & Responsibilities ("DSRR") or the Director of Residence Life . The College will keep all complaints confidential consistent with a proper investigation. Students who witness these offenses should report.

  • Dean of Students-Marianne Calenda, BSC 208, 717.361.1196
  • Director of Student Rights & Responsibilities (DSRR) – Katharina Matic, Residence Life Ofc, 541 S. Mt. Joy, 717.361.4742
  • Associate Dean of Students and Director of Residence Life – Allison Bridgeman, Residence Life Ofc,541 S. Mt. Joy, 717.361.1426

All complaints involving students will be referred to the Office of Student Rights & Responsibilities. If the complaint involves an employee and a student both the DSRR and the Associate VP for Human Resources, (or his/her designee) will manage the investigation and response.

Each allegation will be investigated through established College procedures and appropriate action(s) will be taken. Any deliberate false claims of harassment will be investigated with the complainant being subject to disciplinary action as well.

If the student complainant feels comfortable confronting the alleged harasser regarding the offensive behavior, the DSRR may allow the complainant to tell the alleged harasser that the behavior or conduct is offensive and should be discontinued. The DSRR should follow up with the complainant regarding the outcome of that contact. The DSRR should document the complaint and the outcome (and forward it to the Title IX Coordinator in cases of sexual harassment).

If the outcome is not satisfactory to the complainant after he/she has discussed it with the alleged harasser, or if it was determined that such a one-on-one discussion would not be appropriate or comfortable for the complainant, the DSRR (and Associate VP for Human Resources or his/her designee in cases involving student and employee) may offer to meet with both parties separately to discuss the situation if warranted. The complaint and the outcome should be documented (and forwarded to the Title IX Coordinator in cases of sexual harassment).

If the matter cannot be resolved as described above, the DSRR or the complainant will state the specific allegations in writing so that an investigation may be initiated. In cases involving students only, the complaint will be resolved through the standard student conduct process . Individual rights of the complainant and respondent apply in the resolution of sexual harassment and gender-based harassment complaints.

In determining whether alleged conduct constitutes a violation of College policy, Elizabethtown College will consider all relevant information and circumstances. If a policy violation is found to have occurred, immediate and appropriate action will be taken to stop the violation, prevent its recurrence, and remedy its effects on those impacted. For complaints involving a student complainant and an employee respondent, an employee complainant and a student respondent, or a student complainant and a third party not directly affiliated with the College, the complainant’s written statement will be presented to the Associate Vice President for Human Resources or neutral designee, if necessary. The Associate Vice President for Human Resources or neutral designee will then coordinate a prompt and thorough investigation into the complaint in collaboration with the Office of Student Rights & Responsibilities.

Investigations of alleged student-employee or student – third party harassment will include:

  • An interview with the complainant, during which witnesses who can corroborate the alleged behavior will also be identified.
  • A written statement from and/or an interview with the accused.
  • A written statement from and/or an interview with all named witnesses.
  • A review of any relevant documents provided by those involved.
  • Written allegations presented to the alleged harasser.

The Associate Vice President for Human Resources or neutral designee will decide whether the complaint warrants:

  1. Further investigation with the complainant/accused/witnesses.
  2. Written recommendations leading to:
    • dismissal of charges as unsubstantiated with communication of the outcome to the accused and the complainant; or
    • consultation with the appropriate persons to consider disciplinary action(s) to be taken, ensuring that closure takes place with the complainant as well.

Should either party disagree with the outcome of the investigation and/or the sanction issued, an ad hoc Peer Relations Review Committee of three employees chosen by the the Provost or his/her designee will be established. The Peer Relations Review Committee will review the investigative file, undertake further investigation if, in its sole discretion, it is deemed necessary. The Committee has no restrictions upon it as to what it may recommend: from a finding that the complaint is unfounded and thereby rejecting it, to a finding that the original determination was incorrect, to a different sanction, to further investigation.

In determining whether alleged conduct constitutes a violation of College policy, Elizabethtown College will consider all relevant information and circumstances. If a policy violation is found to have occurred, immediate and appropriate action will be taken to stop the violation, prevent its recurrence, and remedy its effects on those impacted. Any member of the College community found to have engaged in prohibited conduct will be subject to discipline up to and including dismissal or expulsion.

Results of any investigation of alleged harassment will be documented and coordinated through Human Resources.

The College will publish this procedure annually for students and employees. Any questions regarding this policy or procedures should be directed to the Associate Vice President for Human Resources or the Dean of Students..

Retaliation

The College will not retaliate, nor will it tolerate retaliation, against any employee or student who reports or complains of harassment or bullying in the workplace or classroom in good faith, or who participates in an investigation into the same.  Following the resolution of any complaint, a student should keep the College informed if any harassment persists. No individual will be subject to disciplinary action for submitting a good faith report of a policy violation.

Confidentiality

Confidentiality will be maintained throughout the investigation process to the extent practical and consistent with the College's need to undertake a full and impartial investigation. College personnel shall refrain from disclosing any information in connection with student behavior or discipline in a manner that would tend to result in the identification of individual students. Nothing in this section shall prevent the disclosure of such information under circumstances required by law. Confidential records of complaints will be maintained by the Title IX Coordinator. Such records may be discoverable in a court of law (i.e., records may be subpoenaed or otherwise subject to discovery or court order).

In some instances, a reporting party may ask to take no action or to defer action until a later date in order to maintain anonymity. In some such instances, the College reserves the right to limited disclosure and to take appropriate action in order to undertake and investigation and to ensure the safety and well-being of other members of the College community.

 

 

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