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3.1.38 Non-Discrimination Anti-Harassment Policy and Procedures

Piedmont University is committed to encouraging and sustaining a learning and work community free from discrimination, harassment, and related misconduct. As per our Statement on Discrimination, Piedmont University is committed to maintaining a diverse, academically talented, and well-rounded community of learners in an atmosphere of mutual respect and appreciation of differences.

Piedmont University does not discriminate on the basis of sex, gender identity, sexual orientation, physical or mental disability, pregnancy, race, age, religion, color, national or ethnic origin, veteran status, genetic information, or any other category protected by applicable federal, state, or local laws in its educational policies, programs, activities, and employment.

1. Policy

This Policy prohibits all forms of discrimination and harassment based on an individual’s protected status or protected characteristic, as defined in section IV. Discrimination also includes failing to provide reasonable accommodations related to disability or religion, consistent with state and federal law.

This Policy shall be applied in a way that is consistent with the University’s principles of academic freedom, as Piedmont University defines academic freedom as the belief that the freedom of inquiry by faculty and students is essential to the mission of the university and that both faculty and students must be able to examine ideas in an atmosphere of freedom and confidence without fear of censorship or discipline.

Piedmont University faculty members may discuss their subjects in the classroom with complete freedom of expression but should not introduce controversial matters unrelated to the subject. Nor should faculty teach their subjects in any way that is contrary to the mission of the University. The Piedmont University Academic Freedom Policy is located in 4.19 in the Policies and Procedures Manual.

The Policy also prohibits retaliation against an individual. According to the Piedmont University Non-Retaliation Policy located in 3.16 of the Policies and Procedures Manual:  

“Piedmont University prohibits retaliation against any individual who files a complaint regarding discrimination, including sexual harassment, violence or misconduct or is involved in the complaint process. Retaliation includes any adverse action or act of revenge against an individual for filing or encouraging one to file a complaint of discrimination, participating in an investigation of discrimination, or opposing discrimination. The University will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate.”

 

This Policy should be read in consistence with all applicable federal and state laws addressing discrimination, harassment, and related misconduct.

1. Jurisdiction/Scope

This Policy and associated procedures protect all members of the Piedmont University community from discrimination, harassment, and related misconduct while such members are on Piedmont University property or participating in University-related activities. It may also apply to conduct that occurs off University property and not in the context of a University-related activity that has continuing adverse effects on the reputation of the University.

Members of the University community protected by this Policy include, but are not limited to, its community members including students, faculty, staff, administrators, volunteers, vendors, contractors, visitors, and any individuals regularly or temporarily employed, conducting business, studying, living, or having any official capacity with the University or on its property.

The Office of Compliance, Equity and Inclusion is responsible for resolving, under the procedures set out in this Policy, all allegations of prohibited discrimination, harassment, and related misconduct, with the exception of allegations of sexual misconduct against a student or employee that are handled under the Piedmont University Sexual Misconduct Policy, also referred to as the Title IX Policy. 

1. Definitions

Allegation: a statement by a Complainant alleging an act of discrimination, harassment, or related misconduct.

Business Days: refers to the days ordinarily recognized by the University administrative calendar as work days.

Complainant: the person filing a Complaint alleging that they have been subject to discrimination, harassment, or related misconduct.

Complaint: formal notification, in writing, alleging that discrimination, harassment, or related misconduct has occurred.

Discrimination:  Discrimination occurs when an individual or group is treated unfavorably or unequally based upon a protected status or characteristics. Discrimination can occur under this Policy in either an employment or an educational context. Discrimination also includes failing to provide reasonable accommodations to a qualified person with a disability or to reasonably accommodate an employee’s religious beliefs or practices, as required by state and federal law.

Harassment: a type of discrimination that occurs when unwelcome verbal, visual, physical, electronic, or other conduct based on an individual’s or group’s protected status or characteristic is sufficiently serious to significantly interfere with that individual’s or group’s ability to participate in or benefit from Piedmont University’s program or activities or their terms and conditions of employment. This can include conduct that significantly interferes with the individual’s or group’s:

• ●educational environment (e.g., admission, academic standing, grades, assignment);
• ●work environment (e.g., hiring, advancement, assignment);
• ●participation in a University program or activity (e.g., campus housing); or
• ●receipt of legitimately requested services (e.g., disability or religious accommodations).

Types of Harassment:   

• ●Hostile Environment Harassment: unwelcome conduct based on protected status that is so severe, persistent, and/or pervasive that it alters the conditions of education, employment, or participation in a program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive. An isolated incident, unless sufficiently severe, would not create a hostile environment. Harassment is distinguished from behavior that, even though unpleasant or disconcerting, is appropriate to the carrying out of certain instructional, advisory, or supervisory responsibilities.
• ●Quid Pro Quo Harassment: conditioning an individual’s education, employment, or participation in a program or activity on submission to unwelcome conduct on the basis of protected status or characteristic.
• ●Sexual and Gender-Based Harassment: prohibited types of harassment that are covered under the University’s Title IX policy.

Preponderance of evidence: one type of evidentiary standard used in a burden of proof analysis in which the burden of proof is met when the Party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

 

Protected Status/Characteristics:

• ●Age: the number of years from the date of a person’s birth. With respect to employment, individuals who are forty (40) years of age or older are protected from discrimination and harassment based on age. There is no age threshold for protection from discrimination for students or other participants in educational programs or activities.
• ●Color: an individual’s skin pigmentation, complexion, shade, or tone.
• ●Disability: a physical or mental impairment that substantially limits one or more major life activities. Individuals are protected from discrimination if they have such an impairment; have a record of such impairment; or are regarded as having such impairment. A qualified person with a disability must be able to perform the essential functions of the employment or volunteer position or the academic, athletic, or extra- curricular program, with or without a reasonable accommodation.
• ●Ethnic Origin: refers to a person's 'roots' and should not be confused with his or her citizenship, nationality, language or place of birth.
• ●Gender Identity: one's internal sense of self and identification in relationship to gender which may or may not conform to one's sex assigned at birth.
• ●Genetic Information: information about (i) an individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual. Genetic Information includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services by such individual or any family member of such individual.
• ●National Origin: an individual’s actual or perceived country or ethnicity of origin.
• ●Race: an individual’s actual or perceived racial or ethnic ancestry or physical characteristics associated with a person’s race, such as a person’s color, hair, facial features, height, and weight.
• ●Religion: all aspects of religious observance and practice, as well as belief according to federal law.
• ●Sex: either of the two main categories (male and female) into which humans and most other living things are divided on the basis of their reproductive functions.
• ●Sexual Orientation: one's sexual, romantic, physical, and/or emotional attraction (or lack of attraction) to others.
• ●Veteran Status: covered veterans include disabled veterans, special disabled veterans, veterans of the Vietnam era, and other protected veterans as defined by federal and state law.

 

Respondent: the person or office, program, department, or group against whom the allegation or Complaint is made; i.e., the individual(s), organizational unit(s), or group(s) accused of discrimination, harassment, or related misconduct.

Retaliation: Retaliation includes any adverse action or act of revenge against an individual for filing or encouraging one to file a complaint of discrimination, participating in an investigation of discrimination, or opposing discrimination. The University will take immediate and responsive action to any report of retaliation and will pursue disciplinary action as appropriate. “Good faith” reporting is a reasonable and sincere belief that the information provided is true.

Individuals are also protected from retaliation for making good faith requests for accommodations on the basis of religion or disability. To be a Policy violation, the challenged actions or treatment must be sufficiently serious to discourage a reasonable person from further reporting, participation, or opposition.

This Policy prohibits Retaliation:

• ●Against the Complainant: It is a violation of this Policy to retaliate against a complainant or other individual or group for making a good faith report of discrimination, harassment, or related misconduct or for opposing what they reasonably believe to be prohibited discrimination, harassment, or related misconduct in some other way. If warranted, the appropriate senior administrator may monitor performance review, promotion, reappointment, grading, or other evaluation—or, to the extent possible, may reassign the supervisory relationship or other role of authority—to ensure that retaliation does not occur.
• ●Against the Respondent: A claim of discrimination, harassment, or related misconduct is not proof of prohibited conduct. A claim shall not be taken into account during an individual respondent’s performance review, promotion, reappointment, or other evaluation unless a final determination has been made that the Respondent has violated Piedmont University Non-Discrimination, Harassment, and Related Conduct Policy. If necessary and appropriate, such decisions shall be deferred until the claim is resolved. 
• ●Against a Witness or Participant in the Investigation: It is also a violation of this Policy to retaliate against an individual or group providing information related to a Complaint.

 

A claim of retaliation by a Complainant, Respondent, or Witness will be resolved under the University’s Non-Retaliation Policy.

 

1. Reporting of Discrimination, Harassment, or Related Misconduct 

Individuals are not required to follow any “chain of administration” or “chain of command” in order to file a Complaint. Faculty, staff, students, and third parties (such as contractors or visitors) can report discrimination, harassment, or related misconduct committed by faculty, staff, or third parties to the Director of Compliance, Equity and Inclusion (“Director of CEI”) or the Director of Human Resources.

Upon receipt of the report of possible discrimination, harassment, or related misconduct, the Director of CEI will clarify the details of the Complaint with the Complainant, inform the Respondent of the Complaint in a timely manner, and establish any needed interim protective measures to provide for the safety of the Parties and the campus community.

Some forms of discrimination, harassment, or related misconduct may implicate federal and/or state laws. Complainants or Respondents may choose to invoke external processes to resolve their concerns instead of or in addition to pursuing the University’s process. Some forms of harassment may also be criminal in nature and therefore may be pursued with the Campus Police or a local law enforcement agency. A Complainant may choose to utilize the procedures set forth herein, report the alleged conduct to law enforcement, or both.

 

1. Timeliness

In order to maintain and support a community that is respectful and free from discrimination, harassment, and related misconduct and to maximize the University’s ability to respond promptly and effectively, we urge individuals to come forward with reports of concerns or with Complaints as soon as possible. The sooner a Complaint is filed, the more effectively it can be investigated, e.g., while witnesses are still available, memories are fresh, and documentation may still be available. The longer the delay in filing the Complaint the more difficult it is for the University to investigate.

In some cases, for example, in which the individual is found responsible of misconduct but is no longer affiliated with the University, we may not be able to take disciplinary action. However, in the case that misconduct is concluded, Piedmont University will strive to provide other fair and reasonable measures to support the reporting Party and minimize any future harm.

 

1. Confidentiality

Piedmont University recognizes the importance of confidentiality. Breaches of confidentiality compromise the University’s ability to investigate and resolve claims of discrimination, harassment, and related misconduct. Piedmont University will attempt to protect the confidentiality of the Complaint process to the extent reasonably possible. Investigators, mediators, members of hearing panels, and any others participating in the process on behalf of Piedmont University shall keep the information obtained through the process confidential. All other participants in the process (including the Complainant, Respondent, and Witnesses) are required to respect the confidentiality of the proceedings and circumstances giving rise to the dispute and to discuss the matter only with those persons who have a genuine need to know.

While Piedmont University is committed to respecting the confidentiality of all Parties involved in the process, it cannot guarantee complete confidentiality. Examples of situations in which confidentiality cannot be maintained include:

• ●when the University is required by law to disclose information (such as in response to a subpoena or court order);
• ●when disclosure of information is determined by the Director of CEI to be necessary for conducting an effective investigation of the claim; and
• ●when confidentiality concerns are outweighed by the University’s interest in protecting the safety or rights of others.

University resources are available to provide counseling, information, and support in a confidential setting. These confidential resources will not share information about a report of discrimination, harassment, or related misconduct without the individual’s express written permission unless there is a continuing threat of serious harm to the Complainant or to others, or there is a legal obligation to reveal such information including suspected abuse or neglect of a minor.  The confidential resources available to individuals on campus are: University Counselors and the Campus Pastor.

1. Informal Resolution

Subject to the University’s obligations set out in section V, when appropriate (such as when a Complainant does not wish to pursue a harassment or discrimination concern through the submission of a formal Complaint), the Director of CEI may decide to pursue more informal mechanisms to address a situation.

None of the possible informal resolution mechanisms noted below are required prior to filing a Complaint of discrimination, harassment, or related misconduct and, in some cases, informal resolution mechanisms may not be appropriate. The Dir reserves the right to determine whether informal resolution is appropriate for a specific case, and both Parties must agree to enter into the informal resolution process before proceeding.

 

1. Possible Mechanisms for Informal Resolution 

The following is a non-exhaustive list of possible mechanisms to informally address a concern or Complaint. None of the actions set forth below is required before an individual may file a Complaint. Actions taken utilizing any of these mechanisms do not constitute a formal finding of a violation of the Policy.

Should any of the following mechanisms fail to resolve the matter satisfactorily, an individual may file a Complaint as set forth in the Formal Complaint section of these procedures. At any time prior to reaching a resolution, a Complainant may withdraw from the Informal Resolution process. Respondents may also withdraw at any time prior to reaching a resolution from those mechanisms involving one-on-one meetings or facilitated conversations.  The Director of CEI shall also have the authority to determine that an informal resolution is not an appropriate mechanism and should move to a formal investigation or another resolution process instead.

1. One-on-One Meeting. The Complainant, either alone or with an appropriate third party, may meet with the individual whose behavior is causing concern, discuss the situation, clearly communicate that the behavior is unwanted, and that the Complainant wishes it to cease.
2. Intervention by Supervisor or Other Individual with Authority. The Complainant may request assistance in addressing the behavior from an individual with supervisory authority over the person whose conduct is an issue. While the University’s ability to impose discipline may be limited in the absence of a formal finding of a violation, an individual with supervisory authority may be able to meet with the individual whose behavior is causing concern and clearly communicate that the behavior is unwanted and that the complaining Party wishes it to cease.
3. Facilitated Conversation, Mediation, or Restorative Process. If all Parties are willing, the Director of CEI will arrange for a facilitator or mediator to help resolve the issue.
4. Training, Education, or Coaching.  Training, education, or coaching may be arranged to assist in addressing the specific behaviors or issue. 

 

1. Achievement of Informal Resolution

When possible, resolution of a Complaint should be achieved in a timely manner. All reasonable efforts should be made to complete any agreed-upon informal process for resolution in a timely manner.

A resolution utilizing the Informal Resolution process does not necessarily establish a violation of this Policy. However, except for mediation and restorative process, the admission of any conduct by the Respondent in the course of an Informal Resolution may be considered in any future proceedings under this Policy, if such admission is either relevant to the subsequent proceedings or such prior admission demonstrates a pattern or practice of prohibited conduct. 

Once an Informal Resolution is agreed to by all Parties, the resolution is binding and a formal Complaint may not be filed later about the same matter unless the agreement is not upheld.  Any breach of the terms of an Informal Resolution agreement may result in a further claim of discrimination, harassment, or related misconduct and disciplinary action.

 

IX. Formal Complaints

All formal Complaints follow the processes outlined below and are administered by the Director of CEI.  The process lays out the timeline that is to be ordinarily followed.  In extenuating circumstances, the Director of CEI has authority to extend such timelines. In the case of such an extension, the Director of CEI will notify the relevant Parties in writing accordingly, including the reason(s) for the extension. Examples of extenuating circumstances include the complexity of the case, delays due to holiday or University breaks, the unavailability of Parties or witnesses, and inclement weather or other unforeseen circumstances.

To initiate a formal Complaint, individuals must complete the CSA form located here: Incident/CSA Reporting Form (wufoo.com).

Concerns may also arise because a manager, supervisor, or other individual with oversight responsibility becomes aware of conduct potentially covered by the Policy, either through an allegation or by direct observation. In this situation, the manager, supervisor, or other individual should report the situation to the Director of CEI, and, in some cases, the Director of CEI may need to appropriately respond. In certain circumstances the Director of CEI, upon learning of conduct potentially covered by the Policy, may be required to take action, which may include conducting an investigation. If the complaint is against the Director of CEI, the Director of Human Resources will fill the role of the Director of CEI.

Once a Complaint is submitted, the Director of CEI shall review the Complaint to determine the extent of an investigation, if warranted.  The University will provide timely notice to the respondent of a complaint. At any time prior to the conclusion of the investigation, the Complainant may withdraw a Complaint. However, if the allegations or information obtained through the investigation raises issues of potential serious concern to the University community or for other compelling reasons, the Director of CEI may nonetheless proceed with an investigation. Whether the circumstances warrant an investigation in the absence of a Complaint is at the discretion of the Director of CEI.

 

1. Investigation

Once a Complaint is accepted for investigation, the Director of CEI shall assign the Complaint to two trained Investigators. Complaints filed against faculty will have at least one trained faculty Investigator assigned to the matter.  Complaints filed against staff will have at least one trained staff Investigator assigned to the matter. Upon completion of the investigation, the Investigators will provide a summary report of the information obtained during the course of the investigation for the Complainant and Respondent, giving them the opportunity to respond. The investigators will then draft the final report of investigation to send to the Director of CEI.

All Parties involved shall have the opportunity to provide information, evidence, and a list of any witnesses during the investigation.

Individuals with disabilities may request reasonable accommodations during the investigation process. 

1. Director of Compliance, Equity & Inclusion (Director of CEI) Initiated Investigation

If the Director of CEI has reason to believe an individual has engaged in conduct that might violate the Policy, the Director of CEI has authority to undertake an investigation, notwithstanding the absence of a filed or submitted Complaint.

1. Interim Measures

When appropriate, the department(s) or office(s) involved in the matter, in consultation with the Human Resource Department (for cases involving employees) or the VP for Student Life (for cases involving students), may take interim measures to foster a more stable and secure environment during the resolution of a Complaint, including to ensure the safety of the individual(s) involved (including the Parties and/or witnesses). These measures may be taken prior to any determination regarding whether there has been a violation.

Possible interim measures include, but are not limited to, “No Contact Orders” between individuals; rescheduling of work shifts, classes, exams, or assignments; reassignments; leaves of absence; or changes in housing assignment. Violations of interim measures will be addressed under the Policy.

1. Determination

Upon completion of the investigation, the Investigators will submit the investigative report or other written documentation, along with the Parties’ response to the report, to the Director of CEI.  The Director of CEI will make a determination as to whether there is sufficient information to establish a violation, using the preponderance of the evidence standard. According to the preponderance of the evidence standard, based on the information acquired during the investigation, more likely than not, a violation of this Policy occurred.

The Director of CEI will submit the investigative report or other written documentation to the Parties. This document will generally be the same for both Parties, containing a summary of the investigation, any factual findings, and the determination as to whether there is a violation of the Policy. This written report is confidential and is for no one but the Complainant and Respondent. There should be no distribution of the report other than to the appropriate University officials. Violations of confidentiality may result in disciplinary actions.

In cases in which a violation has been concluded, the report submitted to the Complainant will also include any remedial actions to address any harm to the Complainant caused by the violation. Sanctions or disciplinary actions against the Respondent are discussed below. Remedial actions should be reasonably calculated to minimize the potential for recurrence of the prohibited conduct, as well as to reasonably remedy any negative consequences from that.

1. Disciplinary Actions

In cases where there is a finding of a violation of this Policy, the Director of CEI will confer with the Director of Human Resources (for cases involving employees) or the VP for Student Life (for cases involving students) to determine appropriate disciplinary action(s) or sanction(s). 

This determination will take into consideration all of the circumstances of the current incident(s), as well as any prior admissions and/or findings of a violation. Examples include: progressive disciplinary action; prohibition from various academic or managerial responsibilities involving the Complainant or others; letter of reprimand placed in a Respondent’s personnel file; restrictions on a Respondent’s access to Piedmont University’s programs or facilities; limitations on merit pay or other salary increases for a specific period; or demotion, suspension, or dismissal/termination from the University. 

The Director of CEI shall communicate to the Respondent any sanctions or disciplinary actions resulting from the determination. The Director of CEI, Director of Human Resources, or VP for Student Life will verify that the actions have been implemented.  

Sanctions and or disciplinary actions should be reasonably calculated to minimize the potential for recurrence of the prohibited conduct, as well as to reasonably remedy any negative consequences from the prohibited conduct.

 

X. Appeals

Either Party has the right to appeal the determination of the Director of CEI as to whether there is a Policy violation on the grounds stated below. If no appeal is submitted within ten (10) business days after submission of the written determination document to the Parties, the findings and determinations shall become final and not subject to further appeal. 

Remedial/non-disciplinary actions may be implemented during the course of the appeals process unless inappropriate to do so.

Interim measures that have been implemented in the course of the investigation will be extended throughout the appeal process.

 

1. Grounds for Appeal and Submission

Grounds for an appeal are limited to the following cases:

1. The determination and/or material findings are clearly erroneous when evaluated in light of the information obtained during the investigation;
2. A Party presents new information not reasonably available at the time of the investigation and material to the findings or determination;
3. Procedural error(s) that materially impacted the investigators’ decision;
4. The sanction or discipline is extreme in relation to the violation;
5. There is evidence of bias on the part of the investigation or decision making process impacting the outcome.

The appeal process is not a re-investigation of the underlying Complaint.

Appeals must be in writing, identify the ground(s) for the appeal, and be submitted to the University’s Appellate Officer in a timely manner. Submissions to the Appellate Officer may be made electronically via e-mail or hand delivered to ensure the receipt of the written appeal within the ten (10) day appeal deadline.

 

1. Appeals Board

Appeals for cases under this Policy will be heard by an Appeals Board selected from a list of trained Investigators. The Appellate Officer will appoint an Appeals Board of three University employees, one of which will serve as the Chair.  The Appellate Officer will work to ensure there is no conflict of interest for any of the selected members of the Appeals Board.  For employees, the Appeals Board shall be comprised of at least one member with the same community status (faculty or staff) as the Parties’. To the extent possible, two members of the same status will serve on the Appeals Board.

 

XI. Appeal Procedures

Within five (5) business days after the appeal is submitted, the Appellate Officer shall forward the appeal to the Appeals Board along with the final report of investigation, determination, and sanctions. 

The Appeals Board may deny an appeal if it is not properly based on one of the designated grounds for an appeal.

Once the Appeals Board receives an appeal, which must be in writing, the Appeals Board will determine if the appeal falls within the five (5) specified grounds for appeal (see section X. A.); appeals that do not will be denied.

Appeals that are accepted for consideration, the Appeals Board shall, within the next five (5) business days, inform the Parties that the appeal has been accepted and inform those who will serve on the Appeals Board. The Appeals Board will also provide the non-appealing Party with a copy of the appeal. The non-appealing Party shall be allowed five (5) business days to respond to the appeal in writing.

The Appeals Board will review the submitted documents and, if needed, schedule an individual meeting with each, to take place within twenty (20) business days after the Appeals Board receives the appeal from the Appellate Officer.

The Appeals Board shall make a determination as to whether to grant or not grant the appeal reviewing all documentation and meeting with the Parties, if the decision was made to do so.  The determination will be submitted in writing to the Appellate Officer within five (5) business days of the appeal.

In its determination, the Appeals Board, consistent with the grounds established for appeal, shall have authority to either uphold or overturn the findings and determinations, or remand the case to the Director of CEI for additional investigation or follow-up. In either case, the determination must include a summary of the rationale.

The Appellate Officer shall, within three (3) business days from the Appeals Board determination, forward the appeal determination to each Party at the same time. The Appellate Officer will notify the Director of CEI, Director of Human Resources, and/or VP for Student Life of the appeal decision, any sanctions and/or disciplinary or remedial actions.

The decision by the Appeals Board to uphold or overturn the findings and determinations is final. Neither these procedures nor the Policy provides for further review of the findings, determination of the Director of CEI, or the determination of the Appeals Board.