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Policy Statement
Slippery Rock University's discrimination and harassment policy
seeks to provide an environment that is free from discrimination,
including the form of discrimination recognized as harassment based
upon race, color, gender, national origin, religion, age,
disability and/or veteran's status in accordance with applicable
federal and state laws and regulations.
Legal Authority
Discrimination is currently prohibited under federal law by Titles
IV, VI and VII of the Civil Rights Act of 1964, as amended, and
Title IX of the Education Amendments of 1972 and under state law by
the Pennsylvanian Human Relations Act. Other statutes that may be
involved in this area are the Americans with Disabilities Act and
the Age Discrimination in Employment Act. Applicability of any of
these statutes to the university is subject to future legislative
or court actions.
Definitions
Under this policy, the university definition of discrimination is
intended at all times to be construed in accordance with applicable
laws. As such, discrimination is generally defined as actions taken
based upon the factor of the person's or group's race, gender,
national origin, religion, age, disability or other protected-class
status. There are generally two types of discrimination recognized:
disparate treatment and disparate impact. Disparate treatment
involves a person being treated differently because of race,
gender, disability or other protected-class status. Disparate
impact discrimination involves a practice that has a greater
negative effect on the members of a particular protected class than
those not in the protected class. Harassment is a form of
discrimination and is generally understood as being serious and
persistent or pervasive verbal or nonverbal and/or physical conduct
that has the purpose or effect of unreasonably interfering with an
individual's ability in the work, learning or other university
environment. It may occur in a number of forms, including:
taunting, teasing, name-calling, practical jokes, offensive
gestures, derogatory comments or remarks, body language, pictures
and various other materials.
Enforcement
It is the policy of Slippery Rock University that discrimination is
unacceptable and will not be tolerated. The university will take
action to prevent discrimination and harassment, including, if
necessary and as appropriate, disciplining any individual whose
behavior violates this policy. Discipline may include, but is not
limited to, oral or written warning, transfer, suspension,
termination and expulsion. Venders and other visitors to campus are
also required to observe this university policy.
Non-Reprisal
No retaliatory action is to be taken against any person seeking
advice, filing a complaint or serving as a witness or otherwise
cooperating in an investigation of harassment or discrimination.
Any person found to have engaged in retaliatory action may be
subject to discipline by the university.
False Charges
Accusations of discrimination and harassment are serious matters
that can have grave consequences for the accused individual. False
accusations are unacceptable and may result in disciplinary action,
to the extent permitted by law.
Prompt
Reporting
Because it is in the best interest of all concerned to
expeditiously deal with allegations of discrimination and
harassment, complainants are strongly encouraged to make reports or
complaints as soon as possible. To the extent possible, complaint
investigations and recommendations of findings will be completed
within 180 days of the receipt of the complaint. The university
may, however, extend this 180-day period in appropriate
circumstances such as the unavailability of witnesses. Both the
complainant and the accused will be informed of the outcome upon
completion of the process.
Complaints Against
Students
Any complaint against a
student should be directed to the attention of the office of the
vice president for student life and will be handled in accordance
with the procedures of the student code of conduct.
Complaints against all other individuals will be handled in
accordance with the procedures stated in this policy.
Voluntary
Meetings
During either the informal or formal complaint process, any
face-to-face meeting between the complainant and the accused will
be on a voluntary basis only.
Confidentiality
In recognition of the seriousness of the matters under this policy,
the investigation and proceedings will be confidential to the
extent possible with disclosures limited to those individuals who
need to know in order to resolve matters. The complainant and the
accused will be encouraged to maintain confidentiality consistent
with this provision. In appropriate cases, the university may need
to proceed over the objection of the complainant.
PROCEDURES
Informal Complaint
Procedures
Informal procedures involve efforts to mediate a resolution through
the agreement of the complainant and respondent. No investigation,
formal findings or discipline will result from an informal
procedure.
A complainant may elect to initiate the informal procedure at the
time of filing either an oral or written complaint with the office
of diversity and equal opportunity. After reviewing the complaint,
the director of diversity and equal opportunity, or designee, will
contact the accused to arrange a meeting to inform him/her of the
nature of the alleged behavior that is the subject of the
complaint. An appropriate union representative may accompany an
accused to the informal complaint discussions. If the accused also
agrees to the option of resolution by mediation, the director of
diversity and equal opportunity, or designee, will either
facilitate a resolution or appoint a mediator.
Since mediation involves mutual consent, either party has a right
to withdraw from the informal process. In addition, if the
complainant is not satisfied with the outcome of the mediation,
he/she may choose to file a formal complaint with the university or
an external agency. If the director determines that there is a need
for a formal investigation, the director may initiate the formal
process.
Formal Complaint
Procedures
The following guidelines will apply if the informal complaint
procedure is not elected or if the resolution is
unsatisfactory.
A complainant initiates the formal complaint procedure by filing a
written complaint with the office of diversity and equal
opportunity.The director of diversity and equal opportunity, or
designee, will inform the accused of the allegations and provide
the accused with a copy of the written complaint and a copy of the
university's discrimination and harassment policy. The accused will
also be informed of the right to union representation, if
applicable. The formal complaint process will include an
investigation, the scope of which will be determined by the office
of diversity and equal opportunity. Investigations will
include, but are not limited to, access to records and interviewing
the complainant, the accused and others who may have relevant
information. The investigation is not intended to interfere with
either any rights of an individual under state or federal law, nor
rights under the appropriate collective bargaining agreement, if
applicable.
The director of diversity and equal opportunity, or designee, will
make a preliminary determination as to whether the complaint, if
proven, would constitute a violation of this university policy. If
there is insufficient information to warrant a finding of
discrimination or harassment, the complainant and the accused will
be notified by the office of diversity and equal opportunity that
the complaint will be closed. If it appears that there may be a
violation of a university policy other than this discrimination and
harassment policy, the office of diversity and equal opportunity
will refer the matter to the appropriate manager.
If there is sufficient evidence to support a finding that the
university policy on discrimination or harassment has more likely
than not been violated, the director of diversity and equal
opportunity, or designee, will forward the recommended findings of
probable cause to the appropriate vice president and/or president
to initiate action under the applicable disciplinary policy. The
complainant will receive written notification of the final
disposition of the complaint at the conclusion of the disciplinary
process.
The complainant may also at any time elect to file a complaint with
an external agency responsible for enforcing laws regarding
discrimination or harassment. This filing should generally take
place within 180 days of the date of the alleged incident or
knowledge of the alleged incident.
The following
agencies may be contacted:
Pennsylvania Human Relations
Commission
101 South Second Street, Suite 300
Harrisburg, PA 17105-3145
(717) 787-4410
Pennsylvania Human
Relations Commission
300 Liberty Ave., State Office Bldg., 11th Floor
Pittsburgh, PA 15222
(412) 565-5395
U.S. Department of Education, Office
for Civil Rights
400 Maryland Avenue
Washington, D.C. 20202-5151
(800) 421-3481
Equal Employment Opportunity
Commission
1000 Liberty Avenue
Pittsburgh, PA 15222
(412) 644-3444
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