Every University staff member, faculty member, and student has the right to work and study in an environment free from discrimination and harassment and should be treated with dignity and respect. The University prohibits discrimination and harassment based on race, sex, religion, national origin, age, disability and any other classification protected by local, state or federal laws.

The University's policy against discrimination and harassment ("Policy") incorporates protections afforded by Title IX of the Educational Amendments of 1972, which prohibits discrimination in educational programs and activities based on gender. The Policy also incorporates all other local, state and federal laws, including Title VII of the Civil Rights Act of 1964. Any individual whose conduct violates the Policy will be subject to disciplinary action up to and including termination for faculty and staff and expulsion for students.

Harassment is the creation of a hostile or intimidating environment, in which verbal or physical conduct, because of its severity and/or persistence, is likely to interfere significantly with an individual's work or education, or affect adversely an individual's living conditions on campus. Illegal and improper harassment may include, for example:

• Making unwelcome comments about a person's clothing, body or personal life;
• Use of offensive nicknames or terms of endearment;
• Offensive jokes or unwelcome innuendoes;
• Any suggestion that sexual favors, race, gender, religion, national origin, age, disability or any other protected classification would affect one's job, promotion, performance evaluations, grades or working or educational conditions; or
• Other conduct that, even if not objectionable to some individuals, creates a working environment that my be considered by others to be offensive or hostile.

Sexual harassment, in particular, may consist of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when one or more of the following occur:

• Submission to or rejection of such conduct is made a term or condition of an individual's employment or academic success;
• Submission to or rejection of such conduct is used as the basis for employment or academic decisions; or
• Such conduct has the purpose or effect of interfering with an individual's work or academic performance or creates a hostile, intimidating or offensive work or educational environment.

The University has designated the Provost as the University's representative to handle issues arising under the Policy, including Title IX. The Provost's Office is in Maryland Hall, room 206 on the University's campus, (804) 289-8153. Individuals who need further information or clarification of the Policy should contact the Provost directly. Staff, faculty and students who feel they have suffered discrimination or harassment in violation of the Policy should follow the Complaint Resolution Procedure below. [1]

Complaint Resolution Procedure ("Procedure")
The University will endeavor to respond to and resolve all complaints quickly and effectively. Individuals who believe they have been harassed or discriminated against in violation of the Policy are encouraged to take action in any of the ways described in the Procedure.

Although none of the actions listed under the Options for Informal Resolution, below, are required before an individual may file a Formal Complaint, the University favors informal resolution of these claims whenever such resolution can be effected fairly. Except as expressly provided herein, the Procedure is the only grievance procedure available to staff, faculty, students or other parties for violations of Policy. No other grievance procedures otherwise available at the University are applicable.

Through the Procedure, the University will take necessary steps to prevent recurrence of any harassment and/or discrimination determined to have occurred, and will take necessary steps to correct the discriminatory effects of the conduct on the Complainant and others, if appropriate. During all stages of the Procedure, every effort will be made to insure fundamental fairness to all parties involved in the complaint process. The University will make good faith efforts to protect the confidentiality of those involved in the Procedure to the extent permitted by law and to extent that continued protection does not interfere with the University's ability to investigate allegations or to take corrective action.

The University prohibits retaliation against any individual who files a complaint (informal or formal) in good faith or participates in a harassment or discrimination inquiry. Disciplinary action will be taken against any individual who retaliates against a Complainant [2] or participant in a harassment or discrimination inquiry, or who files a discrimination or harassment complaint in bad faith, or who maliciously or knowingly files false charges.

Options for Informal Resolution [3]

1. Informal Discussion with Respondent: Prior to the involvement of other parties or University officers, the Complainant may choose to discuss the concerns directly with the Respondent. The Respondent may not realize this his or her conduct is offensive or unwelcome. Many disputes can be resolved quickly and effectively with such direct communication. A complaint brought to the attention of the Respondent shortly after the allegedly offensive behavior occurs (i.e., immediately or in a few days) will usually result in more effective resolution.
2. Informal Discussion with University Officials. [4] To initiate an informal discussion with University officials, a Complainant should contact one of the following individuals in a timely manner, ordinarily within thirty days of the offending conduct:

   Students [5] should contact the dean of their school or residential college as follows:

   • Richmond College: Dean (ROBH GFI) (804) 289-8061
   • Westhampton College: Dean (The Deanery) (804) 289-8468
   • Law School: Dean (TCWSL) (804) 289-8183
   • Graduate School of Arts & Sciences: Dean (BLIB) (804) 289-8417
   • Graduate School of Business: Dean (ECRSB) (804) 289-8553
   • School of Continuing Studies: Dean (SPB) (804) 287-6684

   Staff should contact:

   • Director of Human Resource Services: (WSTN) (804) 289-8165

   Faculty should contact the dean of their school:

   • Arts and Sciences: Dean (BLIB) (804) 289-8416
   • Business: Dean (ECRSB) (804) 289-8549
   • Leadership Studies: Dean (JPSN) (804) 287-6081
   • Law: Dean (TCWSL) (804) 289-8183
   • Continuing Studies: Dean (SPB) (804) 287-6684

The informal discussion can help with any or all of the following options:

• Assisting the Complainant to determine if the behavior violates the Policy, or to learn more about the Policy generally;
  Meeting with the individual whose behavior is offensive or unwelcome, discussing the situation, and making it clear that the behavior is offensive or unwelcome and should cease.
• Contacting the supervisor of the person whose behavior is offensive or unwelcome and requesting assistance to stop the behavior.
• Conducting an informal investigation with the effect and goal of ending the behavior in an effective and expeditious manner.
  Based on the Informal Discussion, the University official will determine what additional action, if any, is necessary.

The Informal Discussion process will last as long as the Complainant deems it desirable to continue to meet with University officials, but usually the University will try to resolve the problem at this early stage within ten working days. More complaints can be resolved at this stage. If not satisfied with the resolution from the Informal Discussion, the Complainant may proceed to the Formal Complaint process described below, or either party may bypass the Formal Complaint process and file an appeal to the Resolution Committee, as indicated below.

Options for Formal Resolution

1. Formal Complaint: A Complainant may omit the Informal Discussion process entirely and file a Formal Complaint with the Provost. Formal Complaints alleging violation of the Policy must be filed in the Provost's office in a timely manner, ordinarily within thirty days of the offending conduct, or shortly after the conclusion of the Informal Discussion process, usually within ten working days. The Formal Complainant must be in writing and must set forth (1) the Complainant's name and signature; (2) specific descriptions of the alleged behavior; (3) the identity of the person or persons purportedly responsible; (4) the date or approximate date on which the behavior occurred; (5) all witnesses and evidence supporting the complaint, including attaching any tangible evidence or documentation; and (6) a statement that the complainant intends that this document shall constitute a Formal Complaint.

   The Respondent will have ten working days after receiving the Formal Complaint to file a written response ("Response) in the Provosts office.

   The Provost, or designee, will review the Formal Complaint and Response. An investigation, including relevant interviews, will be conducted. The Provost, or his designee, will prepare a written report of his or her findings "Findings") as expeditiously as possible. usually within forty-five days from the date that the Formal Complaint was filed, and will deliver the Findings to the Complainant and Respondent. [6] The written report will include the Provost's conclusions with respect to the Formal Complaint and will make a final determination as to what action, if any, is necessary. Either party may appeal from the Findings within the time period and in the method described below.

   If no appeal is filed with the designated time period, the Findings will be final. The Provost will then work with other University officials to enforce the Findings. If no appeal is filed, no party will have a right to pursue any other University grievance procedures.

2. Appeal from Informal Discussion or Formal Complaint Decision: Either the Complainant or the Respondent may initiate an appeal from the Informal Discussion or the Formal Complaint Findings. The appeal must be filed in the Provost's office within ten working days from the date of the Findings. The appeal must be in writing and must set forth (1) the substantive reason(s) for the appeal; (2) any new information; and (3) the identity of all witnesses. The responding party must file a written response to the appeal in the Provost's office within five working days after receiving the appeal, and must set forth: (1) a response to the appeal allegations; and (2) the identity of all witnesses.

   Within five working days after receiving the appeal, the Provost will assemble the Resolution Committee ("Committee"), which will be formed solely for the purpose of resolving disputes alleging violations of the Policy. The Committee members will be chosen by the President, who will select two students, two staff members and two faculty members from the Judicial Pool. [7]

   The committee will be charged with the responsibility of conducting a fair and unbiased hearing within fifteen working days after being assembled. it will have access to all available information pertaining to the complaint. The Committee will accept and review written statements submitted by the Complainant and Respondent and other relevant individuals. At its discretion, it may also entertain oral testimony from witnesses. The general outline of the hearing, which will be tape recorded, will be as follows:

   1. the Committee will review the Formal Complaint, if applicable, Response, written appeal and all other available information.
   2. the Complainant will have the opportunity to present the complaint and any attending circumstances;
   3. the Respondent will have the opportunity to present a response and any attending circumstances;
   4. the Committee may request specific individuals to appear before it and may also implement additional procedures as it deems necessary for a fair and equitable process;
   5. other than witnesses, only the Complainant, Respondent, Provost (or his designee) and members of the Committee may be present during the hearing;
   6. the Committee will deliberate, in private and outside the presence of any other individuals, and render its collective recommendations in writing within ten working days after the conclusion of the hearing.

   The Committee's recommendations ("Recommendations") will be forwarded to the Provost, who will notify the Complainant and Respondent of the Recommendations, subject to applicable privacy laws. Each party will have five working days to submit to the Provost written comments on the Recommendations. The Provost will then forward the Recommendations, the investigative materials, including the hearing evidence, and the comments by the Complainant and Respondent, if any, to the following, depending on whether the Committee recommended action against a student, staff member or faculty member:

   • Student: Vice President of Student Affairs
   • Staff: Vice President for Business and Finance
   • Faculty: President of the University

   Determination as to the action or inaction based on the Recommendations will be made by these University officers, as applicable. These officers may use their discretion in seeking any additional information or advice before rendering a final decision. The decision will be made within thirty days from the date of the Recommendations. The decision made by each of these individuals is final; provided, however, that if the committee recommends termination of a faculty member and the Recommendation is accepted by the President, the normal "termination for cause" procedures defined in the Faculty Handbook will be followed.

1. The Policy also applies to complaints of harassment or discrimination involving applicants for admission or employment, or persons aggrieved by third parties such as contractors or vendors serving the University. [back]
2. For ease in identifying individuals, the person making the complaint is referred to as the "Complainant," and the person about whom the complaint is being made is referred to as the "Respondent." [back]
3. The Informal Resolution process usually provides an effective means of resolving most disputes. However, Complainants may terminate the Informal Resolution process at any time and initiate a Formal Complaint without prejudice. [back]
4. If the complaint is against one of the designated University officials, the Complainant should contact the President of the University, who will designate a representative of the University to handle the matter. If the complaint is against the dean of a student's residential college, the Complainant should contact the Provost. [back]
5. Arts and Sciences, Business or Leadership Studies undergraduate students should contact their residential college. [back]
6. All provisions in this Grievance Procedure for notifying all parties of findings and recommendations will be followed so long as the University determines that there are no violations of state or federal privacy laws, including, but not limited to, the Family Educational rights and Privacy Act. [back]
7. The Judicial Pool is constituted at the beginning of each year to provide a pool of faculty, staff and students to serve on the Resolution Committee and Hearing Boards for matters of policy violations. The faculty members are elected each year by their respective schools, two each from Arts and Sciences, Business, Leadership Studies and Law Schools. Five staff members are designated by the Director of Human Resource Services at the beginning of each year as part of the pool. Student members of the pool are the chairs of the Richmond College Judicial Council, the Westhampton College Judicial Board, and the chairs of the Honor Councils for Richmond and Westhampton Colleges, the Business and Law Schools and the School of Continuing Studies. [back]