UNIVERSITY POLICY ON PROHIBITED DISCRIMINATION, HARASSMENT,
AND RETALIATION
(Complaints Against Faculty, Staff, or Third
Parties)
Washington and Lee University is a community based on trust and on respect for others. The quality of its life, academic and social, is shaped by the guiding principle of civility, and every member of the community is entitled to expect civil behavior from all other members. Students, faculty and staff have the right to be free from prohibited discrimination, harassment, and retaliation within the University community. Specifically, the University prohibits discrimination, including harassment, on the basis of race, color, religion, national or ethnic origin, sex, sexual orientation, age, disability, or veteran's status in its educational programs and activities and with regard to employment. The University also prohibits retaliation against any individual who files a good faith complaint or is involved in a complaint process under this policy. Such conduct violates not only University policy, but may also violate state and federal law.
Unwelcome verbal or physical conduct toward a member of the University community on the basis of any of the listed categories may constitute prohibited harassment, depending on the circumstances of each case. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature or on the basis of gender may constitute prohibited sexual harassment, depending on the circumstances of each case. Whether sexual or non-sexual, such conduct constitutes prohibited harassment: (1) if the conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance, or of creating an intimidating, hostile or offensive work or academic environment; (2) if submission to such conduct is an implicit or explicit condition of employment or academic success; or (3) if submission to or rejection of such conduct is used as the basis for an employment or academic decision.
Any
person who believes herself or himself to be the object of prohibited
discrimination, harassment, or retaliation by a member of the student body
should refer to the University Policy on Prohibited Student Discrimination,
Harassment, Retaliation and Sexual Misconduct (2008-2009 Student Handbook at p.
35).
Any person who believes herself or himself to be the object of prohibited discrimination, harassment, or retaliation by a member of the faculty, staff, or other non-student member of the community, should consult with one of the designated officers responsible for enforcement of the University's policy, as listed below. The designated officer will provide that person with information concerning Washington and Lee's policy and procedures for dealing with formal complaints of prohibited discrimination and harassment. Depending on the circumstances of the case and the wishes of the person who believes herself or himself to be the object of prohibited discrimination or harassment, the designated officer will also explore with that person other alternatives for resolving the matter and will then take appropriate action. If individuals seeking information about the policy prefer to meet with or file a complaint with a Confidential and Impartial Resolution Resource (“CAIR”, see p. 36 of 2008-2009 Student Handbook), they may do so. The CAIR will then communicate with the appropriate designated officer.
The University will treat inquiries and complaints about prohibited discrimination, harassment and retaliation confidentially to the extent possible. In some circumstances, the University may be required to act on information it has received even if the person providing the information chooses not to file a complaint. The University will make every effort to protect from retaliation individuals who believe themselves to be the object of discrimination or harassment.
Retaliation by a student or student organization against anyone who makes an inquiry about discrimination or harassment or who is involved in a complaint process is illegal and constitutes a violation of University policy, as is the malicious reporting of a false complaint of discrimination and harassment. Retaliatory action or malicious reporting will be regarded as a basis for a separate complaint under these procedures.
The procedures outlined in the remainder of this document pertain to the filing of a complaint with the University. They are not intended in any way to preclude any remedies that may be available to a victim of unlawful discrimination, harassment or retaliation under state or federal law.
Any individuals (hereafter "complainant") who believe themselves to be the object of prohibited discrimination, harassment, or retaliation by a member of the faculty, staff, or other non-student member of the community (hereafter "respondent") may choose to bring a complaint through these procedures. Any designated officer may also file a complaint.
1. When to File a Complaint - Since it is often difficult to determine the facts of an incident long after it has occurred, complaints should be filed as soon as possible.
2. Where to File a Complaint - The following officers are designated by the University to receive complaints:
a. For any person with a complaint against a member of the undergraduate faculty, the designated officer is the Dean or Associate Deans of the College or the Dean or Associate Dean of the Williams School.
b. For any person with a complaint against a member of the law faculty or professional staff, the designated officer is the Associate Dean for Academic Affairs or the Associate Dean for Student Services of the Law School.
c. For any person with a complaint against a member of the staff (and any other member of the community not covered above), the designated officer is the Director of Human Resources.
d. If the complainant, for any reason, prefers to meet with a different designated officer or a Confidential and Impartial Resolution (“CAIR”) Resource (See p. 36 of 2008-2009 Student Handbook), she or he may do so.
3. How to File a Complaint - A complaint is filed by submitting a signed written statement with the designated officer or providing a designated officer enough detailed information to warrant an investigation of the complaint. The designated officer will undertake an investigation of the complaint, or will appoint another investigator to do so. The complaint will be resolved as soon as possible.
4. The Process of Investigation - The designated officer or appointed investigator will consult with the complainant and with the respondent, and others if appropriate, in order to explain the procedures and to ascertain the facts. After reviewing the case, the designated officer or appointed investigator will prepare a report summarizing the case. This report will be sent to the designated officer who first received the complaint (if not the investigator), the Dean of the College or School where the respondent is on faculty, or the Director of Human Resources for complaints against staff and other non-students. The report also will be shown to the complainant and the respondent. Either party may have another member of the University community present during meetings with the designated officer or the appointed investigator.
The complainant and the respondent may each submit a statement concerning the report to the designated officer or appointed investigator and either to the Dean of the College or School where the respondent is on faculty, or the Director of Human Resources for complaints against staff and other non-students, if that individual is not the designated officer.
After consideration of the investigative report and any statements submitted by the complainant or the respondent, the Dean of the College or School where the respondent is on the faculty, or the Director of Human Resources for complaints against staff and other non-student members of the community, after consultation with the designated officer and other persons whom the Dean/Director of Human Resources deems necessary, will decide to:
1. Dismiss the complaint if it is found to be without merit; or
2. Take whatever disciplinary action the Dean/Director of Human Resources believes is warranted by the findings of the investigation and all relevant factors.
The penalties for prohibited discrimination, harassment, and retaliation will depend on the nature and severity of the offense or offenses. In the case of faculty members or other employees of the University, any individual found to have violated the University's policy will be subject to appropriate disciplinary action. If the individual found to have violated the policy is a faculty member and the dean's recommendation is termination, the case will proceed in accordance with the "for cause" dismissal proceedings set forth in the Faculty Handbook.
Either the complainant or the respondent may file a written
appeal of the Dean's/Director of Personnel's decision with the President within
10 days of the decision. The appeal must
state in detail the reasons for the appeal.
The decision of the President is final.
If, at any point in the complaint process, the designated officer or appointed investigator believes that the respondent represents a danger to individuals or to University operations, the respondent may be placed on leave with pay or reassigned by the appropriate university official pending the outcome of the complaint or of the appeals process.
The facts about individual cases and their dispositions are to remain confidential to the extent possible. In order to protect privacy and the effectiveness of the process, no one involved in a complaint process should discuss any information regarding the case except with those with a need to know, with the accused, with their families, or with those to whom they need to disclose information necessary to obtain support until resolution. The designated officer or Dean/Director of Personnel will inform the complainant, respondent, and others with a need to know, of the determination in a case.
The University will retain a written record of the complaint process and its outcome. If the complaint does not result in any disciplinary action, the President will determine whether and when removal of the record is appropriate.
Informal Resolution
Any individuals who believe themselves to be the object of prohibited discrimination, harassment or retaliation by a member of the University community may choose to resolve their complaint through informal resolution by bringing their complaint to the attention of a designated officer or CAIR, who may attempt to resolve the matter consistent with the options set forth in the 2008-2009 Student Handbook at p. 36.
Washington and Lee University's policy against prohibited discrimination and harassment is consistent with Title IX of the Education Amendments of 1972, Titles VI and VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Age Discrimination in Employment Act of 1967. In addition to contacting the designated officers specified in these procedures, any person with concerns regarding the University's response to his/her complaint may contact the Regional Civil Rights Director, U.S. Department of Education, Office for Civil Rights, District of Columbia Office, 1100 Pennsylvania Ave., NW, Room 316, P.O. Box 14620, Washington, DC 20044-4620, (202) 208-2545 [students]; or the Washington Field Office of the U.S. Equal Employment Opportunity Commission, 1400 L. Street, NW, Suite 200, Washington, D.C. 20005, (202) 275-7377 [employees].
For information concerning general procedures and for
complaints against faculty or administrative staff:
|
June Aprille HEAD DESIGNATED OFFICER |
Provost |
Washington Hall |
458-8418 |
|
For information concerning general procedures and for
complaints against undergraduate faculty:
|
Hank Dobin Designated Officer |
Dean of the College |
Washington Hall 23 |
458-8746 |
|
|
Janet Ikeda Designated Officer |
Associate Dean of the College |
Washington Hall 23 |
458-8748 |
|
|
Elizabeth Knapp Designated Officer |
Associate Dean of the College |
Washington Hall 23 |
458-8747 |
|
|
Larry Peppers Designated Officer |
Dean of the Williams School |
Huntley Hall 203 |
458-8602 |
|
|
Robert Straughan Designated Officer |
Associate Dean of the Williams
School |
Holekamp Hall 120 |
458-8609 |
|
For information concerning general procedures and for
complaints against law faculty:
|
Rodney Smolla Designated Officer |
Dean of the School of Law |
Sydney Lewis Hall 506 |
458-8502 |
|
|
Robert Danforth Designated Officer |
Associate Dean for Academic
Affairs |
Sydney Lewis Hall 495 |
458-8524 |
|
|
Sidney S. Evans Designated Officer |
Associate Dean for Student
Services |
Sydney Lewis Hall 528 |
458-8533 |
|
For information
concerning procedures and for complaints against staff and other non-students:
|
Amy Diamond Barnes Designated Officer |
Executive Director of Human
Resources |
Early-Fielding |
458-8920 |
|
For information concerning general procedures and for
information on pursuing complaints against students:
|
Dawn Watkins Designated Officer |
Vice President for Student
Affairs/ Dean of Students |
Elrod Commons 242 |
458-8751 |
|
University Mediators for student matters:
|
Dawn Watkins |
Vice President for Student
Affairs/ Dean of Students |
Elrod Commons 242 |
458-8751 |
|
|
Sidney S. Evans |
Associate Dean for Student
Services |
Sydney Lewis Hall 528 |
458-8533 |
|
Additional Resources:
Confidential and Impartial Resolution ("CAIR") Resources for
2008-2009 (appointed annually by the Provost).
Roles described on page 36 of Student Handbook:
|
Tammy Futrell HEAD CAIR |
Associate Dean of Students |
Elrod Commons 243 |
458-8766 |
|
|
Elizabeth “Ellie” Boylan |
Information Technology
Literacy Administrator |
Huntley Hall 317 |
458-8618 |
|
|
Theodore “Ted” DeLaney |
Associate Professor of
History |
Newcomb Hall 5A |
458-8963 |
|
|
Tyler Dickovick |
Assistant Professor of
Politics |
Huntley Hall 311 |
458-8174 |
|
|
David Hanna |
Assistant Professor of
PE/Coach |
Doremus/Warner Center |
458-8688 |
|
|
Janine (Jan) Hathorn |
Athletic Director |
Doremus/Warner Center 430 |
458-8671 |
|
|
Sarah Nichols Hughes |
Assistant Director, Law
School Advancement |
Sydney Lewis Hall 519 |
458-8063 |
|
|
Brian Murchison |
Charles S. Rowe Professor
of Law |
Sydney Lewis Hall 431 |
458-8511 |
|
|
David Novack |
Professor of Sociology |
Newcomb Hall 2 |
458-8792 |
|
|
Lorri Olán |
Director, Career Planning
and Professional Development |
Sydney Lewis Hall 490 |
458-8534 |
|
|
Brian Richardson |
Professor of Journalism |
Reid Hall 201 |
458-8430 |
|
|
Amy Richwine |
Associate Director,
International Student and Scholar Advisor |
Center for International
Education |
458-8144 |
|
|
Jason Rodocker |
Director, Elrod University
Commons and Campus Activities |
Elrod Commons 246 |
458-8753 |
|
|
Joel Shinofield |
Assistant Professor of
PE/Coach |
Doremus/Warner Center |
458-8693 |
|
Adopted 2002
Revised August 2003
Revised August 2005
Revised August 2006 (to
update CAIRs, DOs)
Revised August 2007 (to update
CAIRs, DOs)
Revised August 2008 (to
update CAIRs, DOs)