Approved by Administrative Council February 21, 2012
Reviewed and updated by Administrative Council November 19, 2013
St. Andrews University, a branch of Webber International University, (the “University”) is committed to a work and academic environment in which all individuals are treated with respect and dignity. We believe that each individual has the right to work, study, and participate in University sponsored activities in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the University expects that all relationships among persons in the workplace and in the academic and student life setting will be business-like and free of bias, prejudice and harassment. Thus the University does not and will not tolerate discrimination against or harassment of or by our employees, students, contractors, consultants, agents, applicants, customers, or vendors.
Discrimination is conduct that is based upon an individual’s race, color, religion, national origin, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, age, political ideas, marital or family status, pregnancy, physical or mental disability, genetic information, gender identity, gender expression, or sexual orientation that excludes an individual from participation, denies the individual the benefits of, teats the individual differently or otherwise adversely affects a term or condition of an individual’s employment, education, living environment or participation in a University program or activity. This includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.
Harassment includes, but is not limited to, slurs, jokes, and other verbal, graphic, or physical conduct relating to an individual’s race, color, sex (includes discrimination against or harassment of individuals of the same sex), pregnancy, religion, national origin, citizenship, age, disability, workers compensation claims, marital, veteran or any other protected status. “Harassment” may include a range of subtle and not so subtle behaviors and also includes unwelcome or unwanted sexual advances, requests or demands for favors, offensive touching, and other types of conduct whether it be physical, verbal, graphic, or electronic communication (including e-mail and facsimiles) of a harassing or sexual nature involving individuals of the same or different gender. This includes, but is not limited to:
- Unwelcome or unwanted physical contact or sexual advances including, but not limited to, patting, grabbing, pinching, brushing-up against, hugging, cornering, kissing, fondling, poking, tickling, groping, or any other similar physical contact.
- Unwelcome requests or demands for favors including, but not limited to, subtle or blatant expectations, pressures, requests or demands for sexual, unethical or illegal favors; or unwelcome requests for dates or contacts. Such unwelcome requests or demands may or may not relate to an implied or stated promise of preferential treatment, or a threat of negative consequences concerning employment or academic status, including, but not limited to, promotion, demotion, transfer, layoff, termination, pay or other form of compensation, selection for training and other perquisites and grades.
- Verbal and written abuse or unwelcome kidding including, but not limited to, that which is sexually-oriented, including same-sex harassment; commentary about an individual’s body, sexual prowess or sexual deficiencies; inappropriate comments about race, color, religion, sex, pregnancy, national origin, citizenship, age, disability, workers compensation claims, marital, veteran or other protected status; dirty jokes or other jokes which are unwanted and considered offensive or tasteless; or comments, innuendoes, epithets, slurs, negative stereotyping, leering, catcalls or other actions that offend, whether sexually oriented or otherwise related to a prohibited form of discrimination or harassment.
- Any form of behavior that unreasonably interferes with work or academic performance, including, but not limited to, unwanted sexual attentions, comments, interruptions, or other communications, whether sexually-oriented or otherwise related to a prohibited form of discrimination or harassment that reduces productivity or time available to perform work or academically-related tasks or otherwise interferes with work or academic performances.
- Actions that create a work environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts or attentions, whether sexually-oriented or otherwise related to a prohibited form of discrimination or harassment.
- The distribution, display, or discussion of any written or graphic material, including e-mails, calendars, posters, cartoons, or names, that belittles or shows hostility or aversion toward an individual, his/her relatives, friends or associates or group because of race, color, religion, sex (including same sex discrimination or harassment), pregnancy, national origin, citizenship, age, disability, workers compensation claims, marital, veteran or other protected status.
The law does not just prohibit discrimination and harassment of employees by employers. The law also prohibits discrimination and harassment between members of the University community more generally: for example, between an instructor and a student, between two students, or between a student and an applicant or campus guest. The policy applies in all University programs and activities, including, but not limited to, discrimination in athletics, instruction, grading, university housing, and university employment. In addition, the law prohibits retaliation against an individual for opposing any practices forbidden under this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop such discrimination or harassment, or for participating in any manner in an investigation or resolution of a complaint of discrimination or harassment.
Conduct prohibited by this policy is unacceptable in the workplace and at the University and in any work-related, student life, or academic setting outside the workplace or University. Normal, courteous, mutually respectful, pleasant, and non-coercive interactions between employees, students, contractors, consultants, agents, applicants, vendors, clients, or customers, including men and women, that are acceptable to all parties are not considered to be prohibited harassment. Violation of this policy will subject an individual to disciplinary action, up to and including immediate discharge or separation from the University as a student.
This policy shall not be construed or applied to restrict academic freedom at St. Andrews University, nor shall it be construed to restrict constitutionally protected expression, even though such expression may be offensive, unpleasant, or even hateful.
Retaliation is Prohibited
The University prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action, up to and including termination or separation from the University as a student.
Reporting Procedures and Investigation
The University strongly urges the reporting of all incidents of discrimination, harassment or retaliation, regardless of the offender’s identity or position. Individuals who believe they have experienced conduct they believe is contrary to the University’s policy or who have concerns about such matters should file their complaints with the Title IX Coordinator:
Ms. Elizabeth Hernandez
Office of Student Affairs
Belk Center
910-277-5271
Upon receiving a report of alleged discrimination or harassment as defined by state and federal law and as stated in this policy, the information will be evaluated and a determination will be made as of what further actions should be taken. Any action taken may or may not be shared with the complainant dependent upon whether there are violations of privacy. The University will then take immediate steps to stop any behavior which violates this policy and see that it does not repeat itself. Disciplinary action, up to and including termination or removal from the University, calculated to end the discrimination or harassment, will be taken, when appropriate, against the offender(s).
If an employee, student or applicant suffers discrimination or harassment from a supervisor, manager or any employee, student, contractor, consultant, customer, vendor, or other third party and is not able to report, or is not comfortable reporting harassment to the Title IX Coordinator:
Ms. Elizabeth Hernandez
Office of Student Affairs
Belk Center
910-277-5271
or if a complaint concerning another employee, student, contractor, consultant, customer, vendor, supervisor, manager or other third party is not handled to your satisfaction, immediately contact the Campus President.
Employees and students who have experienced conduct they believe is either discriminatory or harassing have an obligation to take advantage of this complaint procedure. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination or harassment. Therefore, while no fixed reporting period has been established, the University strongly urges the prompt reporting of complaints or concerns involving perceived discrimination, or harassment, so that rapid and constructive action can be taken. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued.
Responsive Action
Conduct constituting harassment, discrimination or retaliation will be dealt with appropriately and in a timely fashion. Responsive action may include training, referral to counseling and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay or termination, as the University believes appropriate under all of the circumstances.
Any person utilizing this complaint resolution process will be treated courteously, and the problem will be handled swiftly and as confidentially as possible in light of all the circumstances, with appropriated corrective action being taken. The registering of a complaint will in no way be used against that individual, nor will it have an adverse impact on their employment or student status. A record of the complaint and findings will become a part of the complaint investigation record and that file will be maintained separately from the personnel files.
Conclusion
If an individual making a complaint does not agree with its resolution, the individual may appeal to the University’s President, Mr. Paul Baldasare, or his successor. Individuals who have questions or concerns about this policy may talk with Ms. Terry Laughter, Vice President for Business and Finance or Mr. Paul Baldasare, the Campus President, Elizabeth Hernandez, Title IX Coordinator, or their successors. Please keep in mind that the very nature of discrimination, harassment and retaliation makes it virtually impossible to detect unless a complaint is appropriately reported. Do not assume that the University is aware of your problem! It is your responsibility to bring this information to the attention of the University so the issue can be resolved. Finally, this policy should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business, academic, student life, or work-related social activities or discussions in order to avoid allegations of harassment. The law and the policies of the University prohibit disparate treatment on the basis of sex or any other protected characteristic with regard to terms, conditions, privileges and perquisites of employment and academic status. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.
