Harassment and Discrimination-Free Workplace

Introduction

Gettysburg College is committed to maintaining an environment conducive to learning for all students and a professional workplace free from harassment and discrimination for its employees. Gettysburg College will not tolerate harassment or discrimination on the basis of sex, race, color, national origin, age, religion, disability, sexual orientation, or any other trait or characteristic protected by any applicable federal, state, or local law or ordinance. Harassment or discrimination on the basis of sex or any other protected characteristic may affect the terms and conditions of employment or interfere with a student's work or academic performance and create an intimidating or hostile environment for that employee or student. As such, harassment or discrimination on the basis of any protected trait or characteristic is contrary to the values of Gettysburg College, is a violation of College policy applicable to faculty, administration, and staff and is a violation of the Student Code of Conduct.

Harassment is a form of discrimination. There is a broad range of behavior that could constitute harassment. In general, harassment is any verbal or physical conduct that:

• has the purpose or effect of creating an intimidating, hostile, or offensive working environment;

• has the purpose or effect of unreasonably interfering with an individual's work performance; or,

• adversely affects an individual's employment opportunities.
  Employees are expected to maintain the highest degree of professional behavior. All harassment or discrimination by employees is strictly prohibited. Further, harassing or discriminatory behavior of non-employees directed at College employees or students also is condemned and will be promptly addressed.

Examples of unacceptable behavior include, but are not limited to, the following:

• physical, emotional, or mental abuse

• racial, religious, ethnic, or gender-based or sexual insults

• derogatory ethnic, religious, or sexual jokes or slurs

• unwelcome sexual comments or advances

• taunting intended to provoke an employee

• requests for sexual favors used as a condition of employment or affecting any personnel decisions such as hiring, promotion, or compensation

• unwanted physical contact such as pinching, grabbing, rubbing, etc.

Sexual Harrassment of Employees and Students

All members of Gettysburg College have the right to work and study in an environment free of discrimination, including freedom from sexual harassment. The intent of this policy is to foster responsible behavior in a working and academic environment free from discrimination and harassment. Thus, Gettysburg College strongly disapproves of and forbids the sexual harassment of employees or students, and will not tolerate sexual assault in any form, including rape.

Sexual harassment of an employee by another employee can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment of a student by an employee can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a factor or condition of the employee's evaluation of the student or of any decision by the employee concerning the student's academic, co-curricular, or residential status at the College or (2) such conduct has the purpose or effect of unreasonably interfering with the student's performance or participation in the academic, co-curricular, residential, or other programs of the College. Where a student is a party to any grievance (either as the respondent or the complainant) involving a Gettysburg College employee, the Co-Directors of Human Resources and/or the Vice Provost will work collaboratively with the Director of Student Rights and Responsibilities to investigate and appropriately address the concerns.  These concerns may also be addressed with a College Title IX Coordinator.  The Co-Directors of Human Resources and the Director of Student Rights and Responsibilities serve as the College Title IX Coordinators.

Sexual harassment of a student by a student is a violation of the Student Code of Conduct and consists of unwelcome sexual advances or threats, deliberate or careless use of offensive or demeaning terms that have sexual connotations or are gender-based, repeated and unwelcome requests for sexual favors or a romantic relationship, repeated and unwelcome letters, phone calls, or e-mails of a sexual or romantic nature, sexually motivated physical contact, or other verbal, electronic, or physical conduct or communication of a sexual nature.  All reported sexual harassment of a student by a student will be referred to the Director of Student Rights and Responsibilities/Title IX Coordinator for adjudication, including the appeals process, under the Policy on Sexual Misconduct, Sexual Harassment and Sexually Inappropriate Behaviors. The Student Sexual Misconduct policy is accessible via the College Life website at http://www.gettysburg.edu/about/offices/college_life/srr/student_handbook/.

Reporting, Invistigation, and Resolution of Harrassment and Discrimination Violations

Any individual who believes he or she has been a victim of harassment and/or discrimination in any form by an employee or visitor of the College should bring the matter to his/her supervisor, manager, and/or a Co-Director in the Human Resources Office and/or the Vice Provost. All members of the faculty and administration and all supervisors are required to report immediately incidents of harassment and/or discrimination, including those involving students that they observe or of which they become aware, to a Co-Director of Human Resources and/or the Vice Provost. The College also encourages other staff members and students to report immediately incidents of harassment and/or discrimination that they observe or of which they become aware, to a Co-Director of Human Resources and/or the Vice Provost. In a case of sexual harassment or gender discrimination, the report may also be made to the Title IX Coordinator.

Not only College policy but also federal and state anti-discrimination laws prohibit retaliation against anyone involved (complainant, respondent, witness, etc.) in the investigation of a claim of harassment and/or discrimination. No person will retaliate against any person who reports alleged sexual or other unlawful harassment and/or discrimination or who testifies, assists, cooperates, or participates in an investigation or other proceeding related to making a sexual or other unlawful harassment and/or discrimination complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

As soon as the complaint has been directed to a Co-Director of Human Resources/Title IX Coordinator or the Vice Provost, one of those officers of the College will inform the alleged respondent about the College's policy regarding such behavior, and advise respondent that retaliation is prohibited.

All complaints will be promptly, thoroughly, and impartially investigated. Upon completion of the investigation, both the complainant and respondent will be advised of the outcome of the investigation. Confidentiality will be maintained throughout the investigation to the extent practical and consistent with the College's need to undertake a full and impartial investigation.

In determining whether the alleged conduct constitutes a violation of College policy, Gettysburg College will consider all relevant information and circumstances. Upon completion of the investigation, a Co-Director of Human Resources and/or the Vice Provost will make a final determination as to whether a College policy has been violated and, if appropriate, administer disciplinary action. If harassment is found to have occurred, immediate and appropriate action will be taken to stop the harassment, prevent its recurrence, and correct its effects.

Misuse of Harassment and Discrimination-Free Policy

In dealing with complaints of harassment and/or discrimination, the College will protect the rights of all parties. The College's commitment to eliminate harassment and/or discrimination from the workplace should not be viewed as a license for employees to engage in unfounded, frivolous, or vindictive actions that are not made in "good faith" in violation of the intent and spirit of this policy.

Grievance Procedure

This College Grievance Procedure is available to employees and students after a determination has been made by a Co-Director of Human Resources and/or the Vice Provost as discussed above.

Purpose

The College Grievance Procedure exists as a means to contest a determination that has been made regarding an alleged violation of the College's Harassment and Discrimination-Free Workplace Policy. There are three grounds for which the College Grievance Procedure can be applied:

• 1. The complainant or the respondent believes that the discipline/sanction imposed was inappropriate for the violation of policy for which he or she was found responsible;
• 2. An error occurred during the investigative stage preventing either the complainant and/or the respondent a reasonable opportunity to prepare and present information to the investigator(s); or

• 3. There is a discovery of new information that was not available at the time of the investigative process and could have affected the outcome of the matter.

What Categories of Grievance Are Not Covered by the College Grievance Procedure

The College Grievance Procedure does not apply to issues concerning compensation, classification, work standards, stated College policy, matters that are beyond the control or jurisdiction of the College, or any disciplinary matter or termination unless the employee believes that such actions were the result of unlawful discrimination or harassment.

Additionally, dismissal of a faculty member for cause, non-reappointment of a non-tenured faculty member, or tenure/promotion issues may not be addressed with the College Grievance Procedure. These faculty issues, which may be addressed using procedures found in the Faculty Handbook, are under the purview of the Faculty Grievance Committee, a faculty committee that is distinct from the College Grievance Committee created under this policy.

This is not a legal proceeding but a Gettysburg College community procedure created with the health and welfare of the College's employees in mind. The College Grievance Procedure may be used freely without fear of retaliation, and the Co-Directors of Human Resources, working with the Vice Provost and/or the Director of Student Rights and Responsibilities, if appropriate, are available for assistance throughout the process.

Composition of the College Grievance Committee

Under this policy, Gettysburg College maintains a body called the College Grievance Committee. Members of this committee are appointed by the President of the College for terms of three years. The College Grievance Committee will be composed of three tenured faculty members, three administrators, and three support staff members. The Chair of the College Grievance Committee will be a tenured faculty member and may serve as one of the four voting members of a grievance hearing panel.

Grievance Process 

• 1. The employee must file a Notice of Grievance Form within seven (7) business days of the final determination with (1) the Co-Directors of Human Resources in the case where the grievant is an administrator or support staff member, (2) the Vice Provost in the case where the grievant is a faculty member, or (3) the Director of Student Rights and Responsibilities in the case where the grievant is a student employee. This form will ask the grievant to identify which of the three grounds (or combination of the three), referred to in the Eligibility discussion above, he or she seeks to have addressed. The grievant will be asked to make a formal statement outlining the specifics of his or her grievance. The Notice of Grievance Form may be found on the Human Resources Office website at: http://www.gettysburg.edu/dotAsset/2530631.doc (on the "Forms" section of the HR website) and is also available in the Human Resources Office and the Provost's Office.
  
  
• 2. Upon receiving the Notice of Grievance Form, the Co-Directors of Human Resources, the Vice Provost, or the Director of Student Rights and Responsibilities will forward the Notice to the Chair of the College Grievance Committee. From the appointed College Grievance Committee members, the Chair will select a hearing panel of an additional three members, including one staff member and one administrator. If a student is a party to the grievance, the student may request of the Chair of the College Grievance Committee that the hearing panel include one student appointed by the Director of Student Rights and Responsibilities from the student members of the Student Conduct Review Board. The Chair will endeavor to have male and female representation on the hearing panel. 
  
   
• 3. The hearing panel will meet to review the formal grievance within the context of the policy of the College Grievance Procedure. The hearing panel may decide on the basis of the written grievance that the challenge does not satisfy one of the three grounds for a grievance. In such cases, the hearing panel will promptly forward its decision to the Co-Directors of Human Resources, the Vice Provost, and/or the Director of Student Rights and Responsibilities, as appropriate. 
  
   
• 4. If and only if the hearing panel decides that one or more of the three grounds for a grievance are met, the hearing panel will promptly schedule a hearing. The hearing will not revisit the entire matter, but will be limited to addressing the grounds for the grievance. At this hearing, the burden of proof will be on the grievant to establish the foundation for the grievance with clear and convincing evidence. The hearing will be a closed meeting, including only those persons whom the hearing panel deems necessary to address the grounds for the grievance. Witnesses will be present only when their testimony is being taken. 
  
   
• 5. The grievant may have an advisor present. The grievant may choose any current faculty member, administrator, support staff member, or student who is not directly involved in the case to serve as his/her advisor. The role of an advisor is to support the grievant, but the advisor may not represent the grievant during the hearing. The grievant may speak quietly with his or her advisor or request a short break in order to speak. There will not be attorneys present for the parties.
  
   
• 6. The hearing panel will make a recommendation concerning the allegations of the grievance based on a majority vote. When the hearing panel consists of four members, a clear majority is three. Promptly after the completion of the hearing, the grievant will be advised of the recommendation of the hearing panel. The hearing panel will also advise one or more of the following persons: the Provost, if the grievant is a faculty member; the Executive Vice President of the College, if the grievant is an administrator or support staff member; or the Vice President for College Life, if the grievant is a student. If one of these administrators is the complainant or the respondent in the original hearing, the hearing panel will advise the President of the College of its recommendation instead of that administrator. The hearing panel has no restrictions upon it as to what it may recommend: from a finding that the grievance is not established, to a reprimand, to further proceedings for dismissal of the employee. 
  
   
• 7. The administrator, who is advised of the outcome of the hearing as set forth in paragraph 6 above, will review promptly the recommendation of the hearing panel. This administrator, who is not bound by the recommendation of the hearing panel, will determine any resolution of the grievance, including a sanction, within the authority of his or her position. The decision of this administrator is final.