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I. Introduction
Villanova University has issued a policy statement condemning sexual
harassment as violative of its own standards and those of applicable federal and
state law. This procedure provides the structure for the filing and resolution
of complaints of sexual harassment relating to the employment life of its
employees and the educational experience of its students. All allegations of
sexual harassment 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.
II. Established Resources and Considerations
Confidentiality is essential in any effort to investigate and resolve
allegations of sexual 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.
The president shall make a standing appointment of one or more members of the
faculty, administration, or staff to serve as the Complaint Officer. In any case
of alleged sexual harassment, typically the appointed Complaint Officer shall
act, but the president may, in his discretion, appoint one or more individuals
to serve as substitute Complaint Officer, who may or may not be members of the
Villanova faculty, administration or staff. In most cases, the Complaint Officer
is responsible for determining if sexual 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.
A Review Board may be established as provided in this procedure. 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.
III. Informal Resolution
The University encourages its members to attempt informal resolution of
complaints of sexual 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 sexual harassment. The departments of
Multicultural Affairs, Counseling Center, Campus Ministry, Human Resources,
Student Life, 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.
IV. Formal Procedure
Where a person is unable to resolve a problem of sexual harassment informally or
wishes to make a formal complaint, the following procedure may be invoked for
the formal examination of the allegation.
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.
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
the respondent, the Complaint Officer may attempt private mediation in an effort
to resolve the alleged problem without the need for additional proceedings.
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:
If the Complaint Officer finds that the case cannot reasonably be construed to
constitute sexual harassment, or that there is insufficient information to
conclude that sexual 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.
If the Complaint Officer finds that the case can reasonably be construed to have
constituted sexual 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 sexual harassment has occurred, in which case, the Complaint
Officer's report shall contain findings of fact supporting the conclusion that
sexual 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 advisor of their own choosing who is a member of the
University community (current faculty member, administrator, staff member,
student), but any advisor 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 sexual 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 the Judicial Affairs Officer to
determine and take any disciplinary action based on the report provided by the
Board.
V. 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.
VI. Other Alleged Complaints of Discrimination
Any employee or student who believes that he or she has been discriminated
against on the basis of race, color, national origin, religion, sex, age,
veteran status (disabled or Vietnam era), disability or any other basis
prohibited by law should bring the problem immediately to the attention of the
University's Affirmative Action Officer, Dr. Ellen LaCorte, Associate Vice President for Human Resources,
St. Mary Hall, Suite 163, (610) 519-4237, email:
ellen.lacorte@villanova.edu . Individuals
should refer to the University's Non-Discrimination and Non-Harassment Policies
for more information, including 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.
Any questions regarding the Sexual Harassment Policy should be addressed to the
Complaint Officer:
Kathleen Byrnes
Associate Vice President for Student Life
Villanova University
202 Dougherty Hall
800 Lancaster Avenue
Villanova, PA 19085
Phone: 610-519-4550
Email:
kathleen.byrnes@villanova.edu
Rev. 9/01
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