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 Director of Title IX/Compliance Programs and Intercultural Affairs is Nichole Gonzalez.
Director of Title IX/Compliance Programs and Intercultural Affairs
Baugher Student Center, Room 247
email@example.com | 717-361-1179
Faculty Policy Against Discrimination, Harassment, and Bullying
In keeping with the historical values of Elizabethtown College, the College endeavors to treat all 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 work and learning environment and will ensure that federal and state laws, as well as College regulations prohibiting violence and discrimination, are fully enforced.
This policy is to be implemented throughout the College and is the responsibility of all departments and personnel, supervisory and nonsupervisory. A faculty member found to have violated the College’s policies against discrimination, harassment, and bullying may be subject to disciplinary action up to and including termination or release, the procedure for which is outlined in Chapter 2, Section III, A.
Any employee or student of the College who believes he/she is being subjected to conduct that violates this policy, including any discrimination, harassment (sexual or other discriminatory harassment) or bullying is encouraged to report the situation in accordance with the reporting procedures set forth below.
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, genetic information or any other characteristic protected by the applicable federal, state and local laws. Discrimination or harassment of any kind is strictly forbidden.
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 be prohibited harassment may take many forms.
Examples of the most common types of harassment include but are not limited to:
- Verbal harassment, such as jokes, epithets, slurs, negative stereotyping, and unwelcome or patronizing remarks about an individual’s body, color, physical characteristics, or appearance.
- 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.
- 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.
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:
- Submission to such conduct is made -- either implicitly or explicitly -- a term or condition of a person’s academic or employment status;
- 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
- Submission to or rejection of such conduct by an individual is used as a basis for decisions affecting the individual.
- Sexual violence, including physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol or due to an intellectual or other disability.
- 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.
The College will not tolerate any form of harassment. Any member of the faculty who believes he/she is being subjected to harassment including, but not limited to, sexual harassment shall report the situation to his or her immediate supervisor, the Director for Human Resources or a College officer. The College will keep all complaints private consistent with a proper investigation. A complaint should be made within one year of the alleged act of harassment.
The College will not retaliate, nor will it tolerate retaliation, against any employee or student who reports or complains of harassment in the workplace or classroom in good faith. Each allegation will be handled/investigate through established College procedures and appropriate action (s) will be taken. Any member of the College community found to have engaged in prohibited conduct will be subject to discipline, up to and including dismissal. Any deliberate false claims of harassment will be investigated with the complainant being subject to disciplinary action as well.
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.
Bullying is unacceptable behavior because it breaches principles of equality and fairness, and it frequently represents an abuse of power and authority.
Faculty Reporting and Investigative Procedures for Discrimination, Harassment, and Bullying
Any faculty members who believes he/she is being subjected to discrimination, harassment (sexual or other discriminatory harassment) or bullying shall report the situation to the Dean of Faculty or the Director for Human Resources. A complaint should be made in writing whenever possible, including as much information as possible, such as details of the alleged incident, dates, names of those involved in the harassment, any physical evidence that may exist, and the names of any individuals who may have observed or witnessed the conduct.
Any faculty member who witnesses, receives a complaint, or otherwise learns of conduct that is in violation of the policies related to discrimination, harassment, or bullying is required to refer the matter to the Dean of Faculty or the Director of Human Resources. Any incident or complaint involving a student should be reported to the Dean of Students.
The College has also established a hotline to provide a confidential way for students and employees to report suspected violations of college policy or illegal activities. The procedure the College will use for managing reports through the hotline is included as Appendix 2 of the Faculty Handbook.
Information received through the hotline, and any other information received outside of the normal reporting procedures, will be managed by an off-campus service provider and reported to the College staff members as designated in the procedures for the hotline. Once a concern has been reviewed and found to merit investigation, the procedures in the Student Handbook, Faculty Handbook, or the Employee Handbook will be followed as with any other investigation arising from information submitted in a manner other than through the hotline.
The College will act promptly and appropriately upon any information that it obtains which indicates that any violation of the policy against discrimination, harassment, or bullying has taken place, following the procedure below.
It may be possible and appropriate to resolve the reported offense informally. The Dean of Faculty and/or Director for Human Resources will investigate and document the complaint and informal steps taken to resolve the concern. Documentation falling under the Informal Resolution process will remain in the Document Retention File, maintained by the Director for Human Resources separate from personnel files. This information will be used to monitor repeated complaints within the same department or involving the same individual. Should additional complaints be received, the Director for Human Resources, in consultation with the Dean of Faculty, will move the complaint and documentation to the Formal Resolution process.
If for any reason the matter cannot be resolved as described above, or a complainant chooses the formal resolution, the complainant will state the specific allegations in writing so that a broader investigation can be initiated by the Director for Human Resources or assigned neutral designee. The College may also determine, based on nature of severity of the concern, to initiate the process for a formal resolution of the matter. The Director for Human Resources or assigned neutral designee, in consultation with the Dean of Faculty, will then promptly coordinate a formal investigation into the complaint. The College will typically notify an employee regarding a complaint and investigation; however, there may be incidents when the College will delay notification in order to protect data, electronic files or other College property.
In consultation with the Dean of Faculty, the Director for Human Resources or assigned neutral designee will decide whether the complaint warrants:
- Further investigation by the College or, if criminal behavior has been discovered, by law enforcement.
- Dismissal of the charges if unsubstantiated with communication of the outcome to the accused and the complainant as well as a letter in the accused’s file regarding the outcome of the investigation.
- Affirmation of the allegations with recommendations to the Dean of Faculty for appropriate disciplinary action. Notification verbally and in writing to the faculty member as to the findings of the investigation and applicable sanctions as determined by the Dean of Faculty in consultation with the Director for Human Resources. A letter outlining the offenses and actions taken will be placed in the faculty member’s personnel file.
Recommended disciplinary action will be determined on a case-by-case basis and will be determined by the frequency and severity of the violation.
Should either the complainant or the faculty member disagree with the outcome of the investigation, an ad hoc Peer Relations Review Committee of three employees chosen by the Dean of Faculty (concerning faculty complaints) or the Provost/Senior Vice President and Vice President for Administration (concerning staff and administration complaints) will be established. The Peer Relations Review Committee will conduct an independent investigation and make a recommendation as to the results of the Committee’s investigation. The Dean of Faculty, Provost/Senior Vice President, and the Vice President for Administration, as appropriate to the case, will then make a final determination and action.
A faculty member found to have violated the College’s policies against discrimination, harassment, and bullying may be subject to disciplinary action up to and including termination or release, the procedure for which is outlined in Chapter 2, Section III, A.
The College will not retaliate, nor will it tolerate retaliation, against any employee or student who, in good faith, reports or makes a complaint of discrimination, harassment, or bullying in the workplace or classroom, or who participates in an investigation into the same. Following the resolution of any complaint, the employee or student should continue to keep the College informed if the harassment persists.
No individual will be subject to disciplinary action for submitting a good faith report of a policy violation. However, any claims of prohibited conduct that are found to be deliberately false will be investigated and the complainant may be subject to disciplinary action. Anyone who believes that she/he has been the subject of a false allegation may meet with the Dean of Faculty or Director for Human Resources to discuss the allegations.
The College shall maintain confidentiality to the extent possible within the requirements of conducting reasonable and complete investigations. To the extent possible, only those who have a need to know will be told the identity of the parties to a complaint. In certain circumstances, however, the investigation may disclose the identity of those individuals who claim to have been harassed and/or others involved.
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 these instances, the College reserves the right to limited disclosure and to take appropriate action in order to complete its investigation and to ensure the safety and well-being of other members of the College community.
Workplace Violence Policy
Elizabethtown College is concerned and committed to the safety, security, and general well-being of its employees, students, and visitors to the campus. The College will not tolerate any type of violence in the workplace and will make every effort to prevent violent incidents from taking place. Threats, verbal or physical, threatening behavior, acts of violence, or any related conduct while on the College's premises or while conducting official business for the College are strictly prohibited.
The College will respond promptly and decisively to violence, threatening behavior, and harassment on campus. Any act of misconduct will be investigated and appropriate action taken, which may include disciplinary action, termination of employment, arrest, and prosecution. Violence in the workplace may appear in different forms and can include direct or indirect threatening, verbal and physical assaults, domestic disputes, sabotage or behavior that disrupts and creates a hostile work environment. Unauthorized possession or use of firearms, or other dangerous weapons is prohibited. Dangerous weapons are any item used or could be used with the intent to cause harm, threaten, or intimidate.
- Employees who either experience or observe an act of violence or threat of violence must immediately report the incident to Campus Safety by calling Extension 1111. Do not place yourself in peril.
- Campus Safety will notify the police department when appropriate for incidents of workplace violence involving firearms, bodily harm, and domestic disputes.
- Investigation of reported incidents of workplace violence shall be conducted by Campus Safety in conjunction with the Director for Human Resources. The investigation shall be conducted on an immediate, priority basis, following emergency medical care if needed. Each incident will be evaluated and an appropriate remedy will be provided based on the nature of the offense, duration, totality of circumstance and past offenses.
Policy Prohibiting Consensual Relationships with Students
Dating, romantic, or sexual relations between College employees (faculty, staff, and administrators) and students, even if consensual, can negatively affect the educational environment for students, and are therefore not permitted. Members of the faculty and staff are expected to maintain professional relations with all students, act in accordance with standards of professional conduct and avoid conflicts of interest, favoritism, bias, or creation of a hostile environment for students.
A consensual romantic and/or sexual relationship between an employee and a student enrolled at the College can compromise professional standards and expose both the employees and the College to claims of harassment or unlawful discrimination – for example, from the student involved or from other students who allege they are disadvantaged because of the employee’s unprofessional relationship with one of their peers.
Accordingly, the College prohibits consensual romantic and/or sexual relationships between employees (faculty, staff, or administrators) and students. A faculty member found to be engaged in a romantic and/or sexual relationship with a student may be subject to disciplinary action up to and including dismissal or release, the procedure for which is outlined in Chapter 2, III, A.
A faculty member may eliminate exposure to possible disciplinary action and potential legal liability by not entering into a romantic and/or sexual relationship with a student, by terminating the relationship, or by exploring other remedies with the appropriate Dean or College official. If necessary, the College may take action to terminate any supervisory or educational relationship between a faculty member and a student who are in a romantic and/or sexual relationship, pending resolution of any violation of this policy.
Entering into a romantic and/or sexual relationship with any student is outside the bounds of an employee’s assigned duties, and he/she may not be eligible for the College’s liability insurance protection should he/she incur civil or criminal liability as a result of his/her actions.
Faculty members who are married to or are a domestic partner of a student (as defined under the Domestic Partnership Benefits) are exempt from this policy. In situations where such a pre-existing relationship exists, the individual with the supervisory, teaching, advisory or evaluative position over the student must inform his/her supervisor, Chair, Dean, or the Director for Human Resources of the conflict of interest immediately. Necessary steps will be taken to resolve the conflict and eliminate any appearance of favoritism or advantage and/or inconsistencies with any other College policies.
Release of Faculty Members Charged with Unsatisfactory Performance or Unprofessional Conduct
Part-time faculty and faculty members on term appointments are to be dealt with directly by the President or designee, in a way she/he thinks best.
Probationary faculty members fall under the procedure for reappointment or non-reappointment in Chapter Two, Section I, Letter J. Numbers 1 and 2.
Tenured faculty members enjoy continuing employment until separation due to resignation or retirement or until financial emergency or reduction of programs necessitate reduction in staff, or until discharged for professional incompetence or moral turpitude.
When a charge of professional incompetence or moral turpitude is brought against a tenured faculty member, the following procedure shall be used to determine any need for sanctions, including her/his release. (She/he shall be referred to hereafter as "member".)
Procedures for Release of Tenured Faculty
- When charges are brought against a faculty member that she/he is not satisfactorily meeting her/his academic/professional and/or ethical/personal obligations to Elizabethtown College, the Provost and Senior Vice President together with the Dean of Faculty and Department Chairperson and any other person they deem of value shall meet with the member and attempt a resolution, if possible, and make a preliminary determination whether there is sufficient cause to proceed with a formal investigation.
If a formal investigation is to proceed, the Provost and Senior Vice President shall do the following:
(1) Inform the member in writing of the charges brought against her/him;
(2) Request that the Personnel Council acting as a Review Board conduct an investigation of the charges and render a determination/finding of whether there is prima facie evidence that warrants the referral of the case to the Judicial Council acting as a faculty committee on release; the Personnel Council must report its finding/determination to the President within two weeks after receipt of the Provost and Senior Vice President's request.
The President shall inform the member of the Personnel Council Review Board's finding/determination in writing, indicating whether or not she/he is referring the case for action to the Judicial Council. Following this notification of the member, the President shall request that the Judicial Council acting as the faculty committee on release begin proceedings.
Within two weeks after receipt of the written request from the President, the Judicial Council shall set a suitable time and place for a formal hearing. The members shall be given no less than two weeks notice of the date, time and place of the hearing, as shall the President and Provost and Senior Vice President. The two-week period may be extended by mutual consent of the parties (Judicial Council, member, President). The member, by written request, may halt the Committee's proceedings at any time on the grounds that she/he has resigned from the College or that she/he prefers and consents to an administrative disposition of the case by the President whose decision shall be final and without further appeal. The hearing shall be held by the Judicial Council at the stipulated date, time, and place. The hearing shall be open to the member's peers, unless the member requests or consents to a closed session(s).
The member shall have the following rights:
- She/he may have an adviser of her/his own choosing.
- She/he may have witnesses appear in her/his behalf.
- She/he shall be confronted with the evidence concerning the charges against her/him. The Judicial Council will have the right to set the rules on evidence appropriate to the case, but hearsay evidence and testimony not in deposition will be regarded as inadmissible.
- A stenographic record or recording shall be made of the entire hearing. This shall be held by the Judicial Council and be available only to the Judicial Council and the President of the College and the member.
- The sequence for the hearing shall be as follows:
- The Provost and Senior Vice President or her/his designated designee is to organize and present the evidence in the way she/he deems best including, if desired, the calling of witnesses.
- Following this presentation, the member shall have time to defend her/his position.
- The Judicial Council may then inquire into the matter in the way the members think best.
- Time shall then be allowed for the Provost and Senior Vice President or her/his designee to make a summation.
- The hearing shall conclude with a summation by the member or her/his designee.
- The Judicial Council may limit time for any part of this inquiry as it sees fit.
- The Judicial Council shall then meet in closed session for discussion, if desired, and vote on the question of whether or not to uphold the charges as a whole or singly and whether or not to recommend dismissal of the member. A majority vote is necessary for a decision; a tie vote constitutes upholding the charge.
- The recommendation of the Judicial Council shall then be immediately forwarded in writing to the President. The vote count shall not be divulged, except to the Judicial Council members and to the President. Also, the vote count shall not be recorded.
- Within three days after the President of the College receives the recommendation from the Judicial Council she/he shall make the final decision and transmit this in writing to the member and the Judicial Council which will notify the faculty of the decision of the President. The decision of the President shall be final. This shall conclude the matter.
The Faculty Handbook is located on the Human Resources webpage.