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I. NON-DISCRIMINATION POLICY
Villanova University is an equal opportunity employer and educational
institution. There shall be no discrimination against any employee, applicant
for employment or any student on any basis prohibited by law, including race,
color, national origin, religion, sex, age, veteran status, or disability. This
non-discrimination policy applies to all educational polices and programs and to
all terms and conditions of employment, which include (but are not limited to):
recruitment, hiring, training, compensation, benefits, promotions, disciplinary
actions and termination.
II. NON-HARASSMENT POLICY
It is the University's policy that all
employees and students should be able to enjoy and work in an educational
environment free from harassment of any nature. Therefore, harassment based on
personal characteristics such as race, color, national origin, religion, gender,
sexual orientation, age, veteran status or disability violates this policy.
Harassment is defined as verbal or physical conduct that denigrates or shows
hostility or aversion toward an individual, and that has the purpose or effect
of creating an intimidating, hostile or offensive employment or educational
environment; or has the purpose or effect of unreasonably interfering with an
individual's employment or academic performance.
III. PROCEDURE FOR
REPORTING AND ADDRESSING
ALLEGATIONS OF
DISCRIMINATION OR HARASSMENT
A. Introduction
This procedure provides
the structure for the filing and resolution of complaints of discrimination or
harassment relating to the employment life of employees and the educational
experience of students. All allegations of discrimination or harassment, other
than sexual harassment, (which is covered by a separate policy) shall be subject
to this procedure, except where both the complainant and the respondent are
students, neither of whom has any role as academic evaluator of the other. In
cases covered by this exception, the procedure set forth in the University's
Student Handbook or applicable Code of Student Conduct shall apply.
B. Confidentiality
Confidentiality is
essential in any effort to investigate and resolve allegations of discrimination
or harassment. The interests of both the complainant and the respondent must be
protected as information is gathered and evaluated. Therefore, only persons who
have a "need to know" within the investigation and resolution of complaints and
appropriate senior administrative officials are entitled to information in the
application of this procedure. University employees or students who disclose
information which is obtained within the informal or formal steps of this
procedure to persons not in the "need to know" chain will be subject to
disciplinary action.
C. Complaint Officer
Ordinarily, the
individual responsible for investigating the complaint, or the Complaint
Officer, will be the Associate Director for Affirmative Action, or, depending on
the nature of the case, may be the Associate Vice President or Associate
Director of Human Resources, or such other person or persons as are designated
by the President. In most cases, the Complaint Officer is responsible for
determining if discrimination or harassment has occurred. However, as provided
in this procedure, the Complaint Officer may decide to convene the Review Board
to make this determination, in which case he or she will provide such
administrative assistance as the Board may request. It is the expectation that
the Officer would not attend the proceedings of the Board.
D. Review Board
A Review Board may be
established as provided in this paragraph. The Board's function is to review
referrals from the Complaint Officer and also any appeals of the decisions of
the Complaint Officer as provided for in this procedure. The Review Board is
comprised of three members: one is appointed by the complainant, one by the
respondent, and the third person to serve as chairperson is appointed by the
Complaint Officer. The Board members shall be university employees or students.
Anyone who is a family member or in the same office or department of either the
complainant or respondent, or otherwise has a conflict of interest in connection
with the case, shall not serve on the Review Board. The Board is empowered to
convene appropriate hearings and to keep its own records in a format determined
for each respective case. The Board's procedures may include by example but are
not limited to such approaches as open or closed hearings, individual
interviews, and the examination of written documentation. However, the Board is
not bound by rules of judicial or administrative hearing procedures or by formal
rules of evidence.
E. Informal Resolution
The University encourages
its members to attempt informal resolution of complaints of discrimination or
harassment. The University has many offices and individuals who may be able to
provide counseling on a confidential basis for a person who believes that he or
she is the victim of discrimination or harassment. The departments of
Multicultural Affairs, Counseling Center, Campus Ministry, Human Resources,
Student Life Diversity Initiatives, and the like are staffed with caring and
experienced specialists who may be able to help resolve concerns on an ad hoc
and confidential basis. The Complaint Officer is also a resource person who may
assist in informal resolution of a complaint, including through facilitated
communication between the complainant and respondent.
F. Formal Procedure
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Any employee or student who believes that he or she has
been a victim of discrimination or harassment in violation of
this policy who is unable to resolve the matter informally or
wishes to make a formal complaint, should bring the problem
immediately to the attention of the Associate Director for Affirmative
Action or the Associate Vice President
of Human Resources. The complainant shall be advised of the
designated Complaint Officer for the case.
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A formal, written complaint, utilizing the University's
standard form, shall be submitted to the University Complaint
Officer. The purpose of the complaint form is to assist the
complainant in formulating a concise statement of his/her concern
and to assist the Complaint Officer to see the basic facts of the allegation,
along with the complainant's requested action. The complaint must
be filed no later than six months from the date on which the subject conduct
allegedly occurred. In unusual circumstances, the University shall have
discretion to extend this deadline.
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The Complaint Officer shall review the charges made in the
complaint with the complainant, shall provide guidance and counseling as to
the complainant's options and available procedures, and shall make
such investigation of the charges as the Officer may deem appropriate. In
order to achieve a complete view of the case, the Officer shall notify the
respondent of the complaint and confer as necessary with the respondent. With
the approval of both the complainant and respondent, the Complaint Officer may
attempt private mediation in an effort to resolve the alleged problem without
the need for additional proceedings.
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Within 20 business days of receiving a written complaint,
the Complaint Officer shall issue a written report on the case to the
complainant and respondent:
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If the Complaint Officer finds that the case cannot
reasonably be construed to constitute discrimination or harassment, or that
there is insufficient information to conclude that discrimination or
harassment may have occurred, the Complaint Officer shall file a report
closing the case and stating the reasons why the complaint should be
dismissed. The Complaint Officer shall also advise the complainant in the
written report that the decision may be appealed to the Review Board. The
complainant must notify the complaint officer of his/her desire to appeal
the decision within five business days of the Officer's decision.
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If the Complaint Officer finds that the case can
reasonably be construed to have constituted discrimination or harassment,
the Complaint Officer may convene a Review Board to hear the case and shall
issue a report supporting his/her finding. Alternatively, the Complaint
Officer may, based on his or her own investigation, determine that
discrimination or harassment has occurred, in which case, the Complaint
Officer's report shall contain findings of fact supporting the conclusion
that discrimination or harassment occurred. The Complaint Officer shall
notify the respondent of his/her right to appeal the decision to the Review
Board. The respondent must notify the Complaint Officer of his/her desire to
appeal the decision within five business days of the Officer's decision. If
the respondent does not appeal to the Review Board, any disciplinary action
shall be taken consistent with the procedure described below following the
issuance of a Review Board decision.
In the case of a referral or appeal to the Review Board,
the complainant and the respondent will each designate his/her board member,
and the Complaint Officer will designate the chairperson of the Board, all
within 5 business days of the referral or notice of appeal. The Complaint
Officer shall provide a copy of his or her report to the Review Board. Within
10 business days of the appointment of the Board, the Board shall begin its
proceedings. In appearances before the Board, the complainant and the
respondent may each be accompanied by an adviser of their own choosing who is
a member of the university community (current faculty member, administrator,
staff member, student), but any adviser so designated who is an
attorney-at-law will not be considered to be appearing as counsel.
The Board will render its conclusions in a written report no later than 20
business days from the date of the Board's initiation of the proceedings. The
Board's report shall be limited to findings of fact and the conclusion of
whether or not discrimination or harassment occurred. The report shall be
delivered to the Complaint Officer and to the Vice President responsible for
the area in which the respondent employee is assigned, or to the Judicial
Affairs Officer if the respondent is a student and the complainant is not. In
the case of the School of Law, the Officer responsible for the area is the
Dean.
The Vice President and/or the Judicial Affairs Officer shall communicate the
Board's conclusions to the complainant and the respondent. It is the sole
responsibility of the Vice President or Judicial Affairs Officer to determine
and take any disciplinary action based on the report provided by the Board.
IV. NON-RETALIATION
Retaliation in any form against an employee or student who exercises in good
faith his or her right to make a complaint under this policy or who cooperates
in the investigation of any such complaint is strictly prohibited, and will
itself be cause for appropriate disciplinary action.
V. SEXUAL HARASSMENT
Any employee or student who believes that he or she has been a victim of
sexual harassment should bring the problem immediately to the attention of the
University's Sexual Harassment Complaint Officer, Kathleen Byrnes, 202 Dougherty
Hall, (610) 519-4550. Individuals should refer to the University's Policy on
Sexual Harassment for the University's definition of sexual harassment and the
procedures to follow. If a case potentially raises issues of sexual harassment
and one or more other forms of discrimination or harassment, the University
shall determine the appropriate procedure to follow.
VI. OTHER RELATED STATEMENTS AND POLICIES
Mission
Statement
Statement of
Community Ideals at Villanova University
Code of
Student Conduct
Non-Stereotypical Communications Policy
Posting Notice Policy
Publication Policy
VII. CONTACT INFORMATION
The contact information for the Associate Director of Affirmative Action and
the Associate Vice President of Human Resources is as follows:
Linda V. Coleman
Associate Director for Affirmative Action
Multicultural Affairs Office
Vasey Hall, Room 209
(610) 519-4074
linda.coleman@villanova.edu |
Ellen LaCorte
Associate Vice President
Human Resources
Huebner Hall, Room 107
(610) 519-4237
ellen.lacorte@villanova.edu |
Any questions regarding this policy should be addressed to the above-listed
individuals.
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