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"Villanova University Non-Discrimination &
Non-Harassment Policies and Procedures"
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 (disabled or Vietnam
era), 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 ACode 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 Director or Associate Director
of Human Resources, or such other person or persons as are designated by the
University Vice 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
1. 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 Director of Human Resources. The complainant shall be
advised of the designated Complaint Officer for the case.
2. 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.
3. 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.
4. 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:
- a) 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.
- b) 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.
- 5. 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 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
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VII. CONTACT INFORMATION
The contact information for the Associate Director of Affirmative Action and the
Director of Human Resources is as follows: Linda V. Murray
Associate Director for Affirmative Action
Multicultural Affairs Office
Vasey Hall, Room 209
(610) 519-4074
linda.murray@villanova.edu
David McNichol
Director of Human Resources
Financial Services Building
(610) 519-4237
davidmcnichol.@villanova.edu |
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