UNIVERSITY POLICY ON
PROHIBITED STUDENT DISCRIMINATION, HARASSMENT, RETALIATION, AND SEXUAL
MISCONDUCT
(Complaints Against
Students)
Washington and Lee University is a community based on trust and 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, retaliation and sexual misconduct 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 under this policy or is involved in the complaint process. Such conduct violates not only University policy, but may also violate state and federal law.
Unwelcome verbal or physical conduct by a student toward another member of the University community on the basis of one of the listed categories may constitute prohibited harassment, depending on the circumstances of each case. Such conduct may constitute 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.
In addition, unwelcome sexual advances, requests for sexual favors, or other unwanted verbal or physical conduct of a sexual nature or on the basis of gender may constitute sexual misconduct, depending upon the circumstances of each case. Forms of sexual misconduct include:
· Sexual harassment, as prohibited harassment is described above
· Physical assault with sexual intent
· Sexual contact without consent -- by means of force, threat, intimidation or victim incapacity.
· Sexual intercourse without consent -- by means of force, threat, intimidation or victim incapacity.
The University will treat inquiries and complaints about prohibited discrimination, harassment, retaliation, or sexual misconduct confidentially to the extent possible, in accordance with the procedures referenced below. 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 pursue a complaint. The University will make every reasonable effort to protect from retaliation individuals who believe themselves to be the object of discrimination, harassment, or sexual misconduct. Retaliation against anyone who makes an inquiry about discrimination, harassment, or sexual misconduct, 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, harassment, retaliation, or sexual misconduct. Retaliatory action or malicious reporting will be regarded as a basis for a separate complaint under the following procedures.
The procedures outlined in this handbook for complaints of discrimination, harassment, retaliation, or sexual misconduct by students pertain to obtaining information or filing a complaint with the University. They are not intended in any way to preclude any remedies that may be available to a person who has been the object of unlawful discrimination, harassment, retaliation, or sexual misconduct under state or federal law.
Complaint Procedures
Confidential and Impartial Resolution ("CAIR") Resources
At the beginning of the academic year, the Provost or designee will appoint individuals from a diverse range of University faculty and staff to serve as CAIR Resources for prohibited discrimination, harassment, retaliation, and student sexual misconduct procedures. Any individuals who want information or who have complaints of prohibited discrimination, harassment, or retaliation on the basis of the above-mentioned categories or alleged sexual misconduct by or against students may choose to meet with a Confidential and Impartial Resolution Resource (“CAIR”). The CAIR Resources can inform the individuals of the criminal, civil and University judicial options, including the availability of student Advocates. CAIR Resources can also inform the individuals of various strategies for informal resolution, and will be trained to conduct, assist, or oversee such efforts. Informal resolution strategies may include, but are not limited to: hearing a complaint without taking further action; speaking to a respondent on behalf of a complainant; performing shuttle diplomacy between a complainant and respondent; guiding a mediated discussion; and handling direct resolution between a complainant and accused. The CAIR Resources are also available to meet with students accused of prohibited discrimination/harassment, retaliation, or sexual misconduct to inform them of the various strategies for informal resolution, as well as the judicial procedures, and provide the names of the head and assistant head honor advocates, who assign advocates to each case. If desired, separate CAIR Resources will inform and advise the complainant and accused in a given incident. The CAIR Resources will provide information and advice, and may assist, oversee, or directly handle informal resolution efforts, including mediation, but will not be involved in University judicial procedures (beyond assisting a complainant with filing a written complaint if requested). If individuals seeking information about the policy prefer to meet with or file a complaint with a DESIGNATED OFFICER (“DO”, see p. 31 of 2007-2008 Student Handbook), they may do so.
Confidential and Impartial Resolution ("CAIR") Resources for 2007-2008 include:
Tamara Futrell 458-8766
HEAD C.A.I.R. RESOURCE tfutrell@wlu.edu
Associate Dean of Students
Elrod University Commons 243
Theo. “Ted” DeLaney 458-8963
Associate Professor of History delaneyt@wlu.edu
Newcomb Hall 5A
Jan Hathorn 458-8671
Director of Athletics hathornj@wlu.edu
Doremus Gymnasium 430
Amy Richwine 458-8144
International Student and Scholar Advisor arichwine@wlu.edu
21 University Place
33
David Novack 458-8792
Professor of Sociology novackd@wlu.edu
Newcomb Hall 2
Jason Rodocker 458-8753
Director, Elrod Commons and jrodocker@wlu.edu
Student Activities
Elrod University Commons 250
Brian Murchison 458-8511
Charles S. Rowe Professor of Law murchisonb@wlu.edu
Sydney Lewis Hall 431
Dana M. Smith 458-4054
Assistant Director, Student Activities dsmith@wlu.edu
and Greek Life
Elrod Commons 249
Joel Shinofield 458-8693
Assistant Professor of Physical shinofieldj@wlu.edu
Education/Coach/Aquatics Director
Doremus Gymnasium
University Mediator:
C. Elizabeth Belmont 458-8561
Sydney Lewis Hall
belmontb@wlu.edu
Additional Resources: See list of Designated Officers at p. 31 of 2007 -2008 Student Handbook.
At the beginning of the academic year, the Provost or designee will appoint an individual to serve as University Mediator for cases of prohibited discrimination or harassment on the basis of the above mentioned categories, retaliation, or sexual misconduct involving students. The Mediator's role is to discuss the complaint with the individuals involved and to explore the possibility of resolving the problem to the satisfaction of the individuals. The Mediator does not impose sanctions. If the Mediator is unable to resolve the complaint, the complainant may bring a formal complaint to the Student-Faculty Hearing Board ("SFHB").
A person who wishes to file a complaint for prohibited discrimination, harassment, retaliation, or sexual misconduct against another student may contact a CAIR Resource for information about procedures. The Dean of Student Affairs or designee may also file a complaint. Because it is often difficult to determine the facts of an incident long after it has occurred, complaints should be filed as soon as possible. The CAIR Resource can provide the complainant with information concerning Washington and Lee's policy and procedures for dealing with complaints of prohibited discrimination, harassment, retaliation, or sexual misconduct. The complaint may be resolved through informal resolution with a CAIR(s). If not, the more formal procedures under the SFHB are available to a complainant. If complainants, for any reason, prefer to meet with and/or file a complaint with a designated officer (See p. 31 of 2007-2008 Student Handbook), they may do so.
NOTE: A complaint of prohibited discrimination, harassment, or retaliation against a member of the faculty or staff, or other non-student member of the
community, can be reported to one of the designated officers responsible for enforcement of the University's Policy on Prohibited Discrimination, Harassment, and Retaliation (See p. 26 of 2007-2008 Student Handbook), unless a complainant would prefer to initiate the complaint with a CAIR, who shall then communicate directly with the appropriate designated officer.
The SFHB is authorized to hear and adjudicate allegations of prohibited student discrimination, harassment, retaliation, and sexual misconduct in the first instance or after informal resolution through a CAIR or the University Mediator have failed to resolve the matter. To initiate the process for an SFHB hearing, the complainant can file a formal written complaint with the CAIR Resource or the Dean of Student Affairs or provide either with enough detailed information to warrant an investigation of the complaint. Upon receiving a formal written complaint for which SFHB adjudication is requested, the CAIR Resource will inform the Dean of Student Affairs, who shall notify the Chair or Vice-Chair of the SFHB of the complaint so that a closed hearing of the SFHB may be scheduled.
The Dean of Student Affairs will charge the Director of University Security (or designee) to investigate the complaint. The investigation will include discussions with the complainant and accused, other relevant individuals, and review of other relevant information. The accused will be provided with a written statement of the complaint. The investigator's report, including the statements by the complainant and accused, will be presented to the Chair of the SFHB. Further proceedings in such cases will be conducted in accordance with SFHB procedures. See 2007-2008 Student Handbook at p. 63.
Adopted 2002
Revised August 2003
Revised August 2005
Revised August 2006 (to update CAIRs, DOs)
Revised August 2007 (to update CAIRs, DOs)
I:w&Lpolicies/final/studiscrimaugust2007