General Standards of Conduct
To make the College a safe and pleasant place to work, every employee is expected to observe certain standards of conduct, which have been established in the best interest of our employees, our students, visitors, and the College.
Certain conduct is of such serious nature that immediate dismissal may be warranted without prior warning or discipline. Examples of such conduct are as follows: gross insubordination; dishonesty; stealing property or merchandise belonging to the College, its suppliers, students, or other employees; private financial relations with customers or suppliers; deliberate damage to College property; failure or refusal to carry out a work assignment; fighting; falsifying or causing to be falsified information on an employment application, time card, or other College documents; unlawful possession, use or distribution of alcohol; intoxication; the illegal use, sale, manufacture, possession or distribution of drugs or narcotics; sexual misconduct, other inappropriate sexual conduct, illegal harassment and/or discrimination; the possession or use of firearms or other weapons on College premises including in your own vehicles; or the use or threat of violence.
The specific conduct described in this section does not include all the grounds for discipline or discharge. These descriptions are intended as illustrations of the type of conduct that must be avoided for the good of our employees, our students, visitors, and the College.
Because these rules are essential to our most important function - high quality service to our students - and the efficient operation of our business, the provisions of this section will be promptly and uniformly enforced. We appreciate the cooperation of every employee in the careful observance of these standards of conduct.
Harassment and Discrimination-Free Workplace
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, gender identity, gender expression, 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
- stalking, bullying, cyber-bullying, etc.
Employee and Student Sexual Harassment, Sexual Misconduct and Sexually Inappropriate Behavior
All members of Gettysburg College have the right to work and study in an environment free of discrimination, including freedom from sexual harassment, sexual misconduct and other sexually inappropriate behavior. 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, sexual misconduct and other sexually inappropriate behavior.
Sexual harassment, sexual misconduct and other sexually inappropriate behavior towards 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, sexual misconduct and other sexually inappropriate behavior towards 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 incident (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. The Co-Directors of Human Resources, the Vice Provost and the Director of Student Rights and Responsibilities serve as Deputy Title IX Coordinators.
Sexual harassment, sexual misconduct and other sexually inappropriate behavior towards 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.
Sexual harassment, sexual misconduct and other sexually inappropriate behavior towards an employee or student by a visitor, guest, or other non-College individual can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Where a student is a party to any incident (either as the respondent or the complainant) involving a visitor or guest of the College, 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. The Co-Directors of Human Resources, the Vice Provost and the Director of Student Rights and Responsibilities serve as Deputy Title IX Coordinators.
All members of the faculty, administration and supervisors who have information regarding, are witness to, or become aware of by any means any form of sexual harassment, sexual misconduct, inappropriate sexual behavior, and/or criminal activity involving students, are required to report the incident. All other employees are strongly encouraged to report such incidents. Information on how to make a report can be found below in the section entitled Reporting, Investigation, and Resolution of Sexual Misconduct, Harassment and Discrimination Violations.
Sexual misconduct, including sexual assault, is defined as deliberate physical contact of a sexual nature without the other person's consent.
Violations of this policy include, but are not limited to:
1) Non-consensual sexual contact. Non-consensual sexual contact is any sexual touching, with any object, by a man or a woman upon another person without consent or making any person touch you or them in a sexual manner.
2) Non-consensual intercourse. Non-consensual intercourse is any sexual intercourse (anal, oral or vaginal), with any object, by a man or woman upon another person without consent.
3) Disrobing or exposure of one's self or another person that occurs in a public area and/or is unwanted by an involved person.
Sexual harassment and other sexually inappropriate behaviors
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 sexual interaction between two people must be consensual. Effective consent is informed, freely and actively given, using mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical or perceived physical force, if there is intimidation or coercion, or if the recipient party is incapacitated. Silence or non-communication should never be interpreted as effective consent. The initiator of the sexual activity will be found in violation of the policy if he or she did not receive effective consent.
Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates the norms of the community, such that the application of pressure or oppression causes the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation and the initiator's knowledge that the pressure is unwanted.
Sexual exploitation occurs when an employee or student takes non-consensual, unjust or abusive sexual advantage of another for his/her own advantage or to benefit others. Examples include, but are not limited to, non-consensual audio or video taping of sexual activity, voyeurism, and prostitution of self or others.
Retaliation or intimidation against anyone involved in the Complaint process or anyone who pursues legal action, including the Complainant, Respondent, or anyone participating in the investigation. Such behavior and may also violate the College's Harassment and Discrimination-Free Workplace Policy and will be adjudicated.
The person filing a complaint with the College regarding an incident of an alleged violation of the Harassment and Discrimination-Free Workplace Policy.
The person who allegedly violated the Harassment and Discrimination-Free Workplace Policy.
Reporting, Investigation, and Resolution of Sexual Misconduct, Harassment and Discrimination Violations
Any employee who believes he or she has been a victim of sexual misconduct, harassment and/or discrimination in any form should bring the matter to his/her supervisor, manager, and/or a Co-Director in the Human Resources Office and/or the Vice Provost. Alternatively, the individual may complete the on-line Community Concern Webform located at: www.gettysburg.edu/reportconcern.
All members of the faculty, administration and all supervisors are required to report incidents of harassment and/or discrimination, including sexual harassment and gender discrimination, sexual misconduct, and sexually inappropriate behavior, that they observe, that they are informed about, or of which they become aware by any means, to a Co-Director of Human Resources and/or the Vice Provost, who are the Title IX deputy coordinators. The College also encourages other staff members and students to report 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. Alternatively, the individual may complete the on-line Community Concern Webform located at: www.gettysburg.edu/reportconcern.
If you, or another individual, are in need of immediate assistance, please call the Department of Public Safety (DPS) at 717-337-6911 or the Gettysburg Police Department by calling 911. You should call DPS in the following circumstances:
- The health, safety or well-being of any individual is in jeopardy
- An individual is in need of immediate medical assistance
- Criminal or questionable activity is in progress
All members of the community may also submit a concern using the Community Care Webform (www.gettysburg.edu/reportconcern). Information provided on this form will be sent to the appropriate College official for review and follow-up. Generally, this form is used for non-emergency information (incident of concern is not in progress) for the following types of incidents:
- Bias incidents
- Crime tips
- Discriminatory Conduct
- General student, employee or faculty concern
- Sexual assault, sexual harassment, or sexual misconduct
- Child abuse
All concerns will be taken seriously and directed to an officer of the College who will then inform the alleged respondent about the College’s policy regarding such behavior, and advise the 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 final determination will be made as to whether a College policy has been violated and, if appropriate, disciplinary action may be administered. If harassment or other violation is found to have occurred, immediate and appropriate action will be taken to stop the harassment or other violation, prevent its recurrence, and correct its effects.
If you would like to speak directly with a trained member of the College community, you may also contact one of the individuals listed below:
Title IX Coordinator and Deputy Coordinators (Names, Locations, Emails, phone #s)
Jane North, Executive Vice President and Title IX Coordinator, Third Floor, Pennsylvania Hall, email@example.com, 717-337-6011
Jen Lucas, Co-Director of Human Resources and Deputy Title IX Coordinator, First Floor, Pennsylvania Hall, firstname.lastname@example.org, 717-337-6211
Regina Campo, Co-Director of Human Resources and Deputy Title IX Coordinator , First Floor, Pennsylvania Hall, email@example.com, 717-337-6207
Jack Ryan, Vice Provost and Deputy Title IX Coordinator, Third Floor, Pennsylvania Hall, firstname.lastname@example.org, 717-337-6822
Jennifer McCary, Director of Student Rights and Responsibilities and Deputy Title IX Coordinator , Second Floor, College Union Building, email@example.com, 717-337-6998.
Bill Lafferty, Assistant Dean of College Life/Executive Director of Public Safety, Second Floor, College Union Building, firstname.lastname@example.org, 717-337-6321
Andy Vogel, Assistant Director of Athletics/Head Wrestling Coach, Second Floor, Wright Building, email@example.com, 717-337-6415.
Inquiries concerning the application of these policies may be referred to the Title IX Coordinator or Deputy Coordinators identified above or to the Office for Civil Rights, United States Department of Education. For further information, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the U.S. Department of Education office that serves your area, or call 1-800-421-3481.
Again, all members of the faculty, administration and supervisors who have information regarding, are witness to, or become aware of by any means, any form of sexual harassment, sexual misconduct, inappropriate sexual behavior, and/or criminal activity involving students, are required to report the incident. All other employees are strongly encouraged to report such incidents. Information on how to make a report can be found above in the section entitled Reporting, Investigation, and Resolution of Sexual Misconduct, Harassment and Discrimination Violations.
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.
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.
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, Title IX Deputy Coordinators, as discussed above.
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:
- 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;
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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.
- 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.
Consensual Sexual or Romantic Relationships
In General: There are special risks in any sexual or romantic relationship between individuals in inherently unequal positions of authority, and parties in such a relationship assume those risks. In the Gettysburg College context, such positions include (but are not limited to) teacher and student, supervisor and employee, senior faculty and junior faculty, advisor and advisee, coach and athlete, and the individuals who supervise the day-to-day student living environment and student residents. Because of the potential for conflict of interest, exploitation, favoritism, and bias, such relationships may undermine the real or perceived integrity of the supervision and evaluation provided, and the trust inherent particularly in the teacher-student context. They may, moreover, be less consensual than the individual whose position confers power or authority believes. The relationship is likely to be perceived in different ways by each of the parties to it, especially in retrospect.
Moreover, such relationships may harm or injure others in the academic or work environment. Relationships in which one party is in a position to review the work or influence the career of the other may provide grounds for complaint by third parties when that relationship gives undue access or advantage, restricts opportunities, or creates a perception of these problems. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic involvement, this past consent does not remove grounds for a charge based upon subsequent unwelcome conduct.
With Students: Amorous, dating, or sexual relationships between faculty or staff members, and students are impermissible when the faculty or staff member has professional responsibility for the student. It is a violation of College policy and prohibited for a faculty or staff member to engage in an amorous, dating, or sexual relationship with a student whom he/she instructs, teaches, evaluates, coaches, supervises, or advises, or over whom he/she is in a situation to exercise authority in any way. Entering into a romantic and/or sexual relationship with any student is outside the bounds of an employee’s assigned duties, and he/she may not be eligible for the College’s liability insurance protection should he/she incur civil or criminal liability as a result of his/her actions.
At a college, the role of a faculty or staff member is multifaceted, including serving as intellectual guide, teacher, counselor, mentor and advisor; the faculty and staff member’s influence and authority extend far beyond the classroom or work place. Consequently, the College believes that a sexual or romantic relationship between a faculty or staff member, and a student, even where consensual and whether or not the student would otherwise be subject to supervision or evaluation by the faculty or staff member, is inconsistent with the proper role of the faculty or staff member, and should be avoided. Gettysburg College therefore very strongly discourages such relationships. Entering into a romantic and/or sexual relationship with any student is outside the bounds of an employee’s assigned duties, and he/she may not be eligible for the College’s liability insurance protection should he/she incur civil or criminal liability as a result of his/her actions.
With other employees: Amorous, dating, or sexual relationships between faculty and staff members are impermissible when the faculty or staff member has supervisory or evaluative responsibility for the other. It is a violation of College policy for a faculty or staff member to engage in an amorous, dating, or sexual relationship with a faculty or staff member whom he/she evaluates, supervises, or over who he/she is in a situation to exercise employment authority in any way.
The College believes that sexual or romantic relationships between faculty and staff members employed within the same department, even where consensual and whether or not the faculty or staff members would otherwise be subject to supervision or evaluation by the faculty or staff member, is inconsistent with the proper role of the faculty or staff member, and should be avoided. Gettysburg College therefore very strongly discourages such relationships.
Where such a relationship exists by virtue of marriage or partnership within the same department, the person in the position of greater authority or power will bear the primary burden of accountability, and must ensure that he or she does not exercise any supervisory or evaluative function over the other person in the relationship. Recusal is required and the recusing party must also notify his or her supervisor, department chair or dean in writing, so that such chair, dean or supervisor can exercise his or her responsibility to evaluate the adequacy of the alternative supervisory or evaluative arrangements to be put in place. The chair, dean or supervisor must implement the alternative supervisory or evaluative arrangement. Administrators and support staff must notify the Human Resources and Risk Management Office in writing when recusal is required. Faculty members must notify the Provost’s Office in writing when recusal is required.
Responsibility: The Provost’s Office will respond to issues arising from this policy involving faculty members. The Human Resources and Risk Management Office will respond to issues arising from this policy involving administrators and staff members.
Whistleblower Policy and Reporting Process
Gettysburg College is committed to high standards in all business practices. All individuals representing Gettysburg College are expected to observe certain standards of conduct, which have been established in the best interest of our faculty, employees, students, visitors and the College. These standards are noted in the Faculty Handbook, Employee Handbook, and Student Rights and Responsibilities Handbook.
This policy is approved by the President's Council, overseen by the Whistleblower Oversight Representative(s) and is administered by the Designated Authorities.
- Employees and students with a reasonable concern relating to illegal or dishonest activity or other misconduct involving the College's financial or business affairs, including the management of information, may file a Good Faith Report for investigation (as discussed more fully below under "Whistleblower Reporting Process").
- The College will provide protection from retaliation for any whistleblower. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Any whistleblower who believes he/she is being retaliated against should contact a Designated Authority (see below). If retaliation is found to have occurred, immediate and appropriate action will be taken to stop the retaliation, prevent its recurrence, and correct its effects. The College may take disciplinary action (up to and including termination) against any employee who has engaged in retaliatory conduct in violation of this policy.
- 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. If disclosure is considered necessary, the College will notify the Whistleblower.
Employment related concerns shall continue to be reported through normal channels such as an employee's direct supervisor or Co-Directors of Human Resources and Risk Management.
In addition to employment-based action for illegal or dishonest activity or other misconduct involving the College's financial or business affairs, including the management of information, students may also be subject to the provisions of the student code of conduct. The same set of circumstances filed in a Good Faith Report may also lead to code of conduct charges and sanctions if a student is found responsible for violating the student code of conduct. For more information, please see the Handbook for Student Rights and Responsibilities.
Whistleblower Reporting Process
If an employee or student has knowledge of or concern about illegal or dishonest activity or misconduct involving the College's financial or business practices including the management of information, the employee or student should prepare a written Good Faith Report and submit it to one of the following individuals (identified collectively as Designated Authorities):
Designated Authorities are:
- Vice Provost
- Co-Directors of Human Resources and Risk Management
- Director of Student Rights and Responsibilities
A Good Faith Report should contain factual information, including dates, names or any other information that can be corroborated to warrant an investigation. The report should list contact information for the individual submitting the report.
An employee who makes a complaint or charge must exercise sound judgment and act without malice to avoid baseless allegations or frivolous complaints. Any reports filed in good faith that prove to be unfounded will not be subject to any disciplinary actions. Any individual, however, who knowingly files a false or materially misleading report of illegal or dishonest activities or other misconduct involving the College's business or financial affairs, is subject to disciplinary action.
Good Faith Report Investigation Procedure
The whistleblower is not responsible, nor is the whistleblower the appropriate party for investigating the activity or for determining fault or corrective measures. All complaints received under this policy will be promptly, thoroughly, and impartially investigated.
Designated Authorities will advise one or more of the following persons, collectively referred to as the Whistleblower Oversight Representative(s)(WOR): the Provost, if the whistleblower is a faculty member; the Executive Vice President of the College, if the whistleblower is an administrator or support staff member; or the Vice President for College Life, if the whistleblower is a student. If one of these administrators is a whistleblower or subject of investigation, the President will provide oversight for the investigation.
In cases where the respondent is a student, only the processes and policies in the Handbook for Student Rights and Responsibilities will apply in determining if a violation of the student code of conduct has occurred. In addition, student respondents may be subject to employment-based action from Human Resources or their departmental employer which will follow the provisions of this policy and any employee manuals/handbooks. A joint inquiry may be conducted by HR and Student Rights and Responsibilities, however, the processes determining an outcome will operate independently from one another.
The Designated Authority receiving the Good Faith Report reviews the complaint, determines the level of investigation the complaint warrants, identifies the appropriate party to perform the investigation, determines if the facts do or do not support the complaint, and recommends any corrective actions. The Designated Authority will pass this recommendation on to the WOR who then authorizes appropriate corrective actions, if any. At the discretion of the WOR or the Designated Authorities, a Good Faith Report's status and resolution may be shared with Legal Counsel.
When investigating Good Faith Reports, the College will protect the rights of all parties. Subjects of any investigation are not to interfere with an investigation. Subjects will be notified and given an opportunity to respond to any evidence found by the investigation before the investigation is closed.
All investigation findings will be recorded and maintained by the Office of HumanResources according to legal counsel guidelines. Records from student code of conduct proceedings will be maintained in accordance with FERPA and College policy. At the conclusion of any investigation, the individual who submitted the report will be notified that the investigation has been completed and whether the Good Faith Complaint was determined to be founded or unfounded.
Questions regarding this policy should be directed to the Designated Authorities.
Confidentiality and Related Issues Regarding Student Records
Family Educational Rights and Privacy Ace of 1974 (FERPA)
The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, is a federal law that governs how colleges and universities supervise and protect student records. FERPA: (1) assures access by students to their education records, (2) permits student review of those records for accuracy, (3) guarantees use of the records only for legitimate educational purposes, and (4) controls release and disclosure of such records. FERPA is not a records retention statute; it does not define what records a College must maintain but rather, it governs the confidentiality of, and access to, those records that are maintained. Additionally, FERPA does not require the disclosure of records to third parties, but sets forth what may be disclosed to certain external parties under certain circumstances.
What Records Are Included Within The Scope Of FERPA?
It is important that faculty and staff alike understand the broad scope of FERPA's mandates. FERPA protects "education records" which term is defined as records(in handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche) maintained by the College or an agent of the College (including faculty members) that are directly related or personally identifiable to a student, except:
- A personal record kept by a faculty/staff member if it is kept in the sole possession of the maker of the records, used only as a memory aid, and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
- An employment record of a student provided the record is used only in relation to the individual's employment with the College.
- In most cases, records maintained by the Campus Security office.
- Records maintained by the health or counseling services if the records are used only for treatment of a student and made available only to those persons providing the treatment.
- Alumni records that contain information about a student after he or she is no longer in attendance at the College and that do not relate to the person as a student.
It should be noted that if the education record (i.e., the document) itself may not be disclosed under FERPA, then communication or dissemination of the contents of that record is also prohibited.
Under What Conditions May Education Records Or The Information Contained Therein Be Released Without Student Consent?
Other than as described in this paragraph, most information contained in an education record may be released outside the College only with the written consent of the student. The law permits the release of most education records without the prior consent of the student to agencies acting on behalf of the federal or state Department of Education, to law enforcement agencies or third parties with a valid subpoena, to parents if the student is financially dependent (as defined by the Internal Revenue Service), or to appropriate College personnel. College employees must demonstrate a legitimate educational interest to request protected information, as opposed to personal or private interest, and such a determination will be made on a case-by-case basis.
In addition to the foregoing circumstances, under FERPA the College reserves the right to make public at its discretion, without prior authorization, the following directory information: name, address (home, campus, and e-mail), telephone number, picture, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams,dates of attendance, degrees and awards received, and the most recent educational agency or institution attended. Any student wishing that such information about him/her not be released must notify the Office of Academic Advising.
What Rights Does A Student Have With Respect To His/Her Education Records?
The student has the right, on request to the appropriate College official, to review all materials that are in the student's education records (as defined above), except:
- Financial information submitted by the student's parents;
- Confidential letters and recommendations associated with admissions, employment or job placement, or honors, to which the student has waived rights of inspection and review;
- Education records containing information about more than one student, in which case the College will permit access only to that part of the record that pertains to the inquiring student.
Records covered by FERPA will be made available within forty-five days of the student's request.
The student also has the right to petition the College to amend or correct any part of the education record he/she believes to be inaccurate, misleading, or in violation of his/her privacy rights.
How Does FERPA Impact Me As A Faculty Member?
As described briefly above, most records directly related or personally identifiable to a student are "education records" to which FERPA applies. As a faculty or staff member you are an agent of the College. Thus, for the most part, other than a personal record maintained by you, that is kept in your sole possession, that is used only as a memory aid, and that is not accessible or revealed to any other person (except a temporary substitute for you), any document or information that you create or that is provided to you that contains information that is personally identifiable to one or more students, is an education record and is subject to FERPA's confidentiality, non-disclosure, and student (and often parent) access requirements.
You may not disclose to anyone, other than the student himself/herself or others at the College with a legitimate educational interest, any record or information directly related or personally identifiable to a student, unless it is directory information as defined above or unless you have the written consent of the student. Faculty members from whom students request a letter of recommendation should feel free to discuss the student's performance in class and any "directory information." Without the written consent of the student, however, the faculty member should not disclose any information beyond the foregoing. If you receive a request to provide information about a student, you should consult with the Provost's Office or the Office of Academic Advising.
If more than one student is referred to in a given record, any information not applicable to the requesting student must be redacted. That is, you may not share information regarding a student with other students (unless it is directory information as defined above).
You should also understand that your students, and oftentimes their parents, may request access to their education records at anytime.
It is worth noting that the penalty for a FERPA violation is the imposition of a sanction by the United States Department of Education upon the College (as an institution, not upon any individual who may be responsible for disclosing the information). Specifically, FERPA provides that, upon finding a violation of FERPA, the U.S. Department of Education can (1) withhold federal funding from the College; (2) issue a cease and desist order to require FERPA compliance; or (3) terminate a College's eligibility to receive federal funding. Thus, if a faculty or staff member inappropriately discloses or releases an education record or the information contained therein, the College could be subject to monetary sanctions imposed by the federal government.
Profane and/or abusive language will not be tolerated.
Employees should note the College's alcohol policy concerning consumption of alcohol by students: Gettysburg College does not encourage the use of alcoholic beverages by students. In compliance with current Pennsylvania laws, the College does not approve of the consumption of alcohol by students (or their guests) who are under the age of 21, on or off the campus.
For College events in which students are present, it is recommended that departments consult the College's Alcohol Policy Review and Advisory Board (APRAB) for guidance.
Campus Smoking Policy
There is extensive data within the scientific community that illustrates the harmful effects of secondhand smoke on non-smokers. In fact, the Environmental Protection Agency has classified second-hand smoke as a Class A carcinogen, a classification reserved for the most lethal environmental hazards, such as asbestos, benzene, formaldehyde and radon. Research has linked secondhand smoke to lung cancer, cardiovascular disease, asthma, bronchitis, pneumonia, middle ear infections, and nasal and eye irritation. The use of tobacco products is the leading cause of preventable illness and early death.
In an effort to promote a healthy, comfortable and productive work environment for the employees of Gettysburg College, the College has become a smoke-free workplace. Smoking in any form is prohibited inside all College-owned or leased buildings including both residential and non-residential buildings and all recognized student housing including fraternities. In addition, smoking is prohibited in any College-owned or rented vehicles. Individuals who choose to smoke must smoke outside and must stand at least 15 feet away from any campus building. For employees, the enforcement of this policy will rest with the individual supervisor in consultation with the Co-Directors of Human Resources and Risk Management. For students, enforcement of this policy will rest with the Office of College Life. Violations of this policy will result in disciplinary action for employees and students.
Information about tobacco cessation is available through the Human Resources and Risk Management Office.
Drug-Free Workplace and Drug-Free Campus
In compliance with the Federal Drug-Free Workplace Act, it is the policy of Gettysburg College to provide a work environment that is free from the use, sale, possession, or distribution of illegal drugs or the improper or abusive use of legal drugs or alcohol on Gettysburg College premises, and to require College or contract employees to perform all College-related job duties, either on or off the College premises, without the presence of illegal drugs or inappropriate legal drugs in their systems.
The objective of this policy is to ensure a safe, healthy, and work-efficient environment for Gettysburg College employees and the surrounding community.
We are concerned about the well-being of employees whose drug or alcohol use, abuse, or dependency may affect their job performance as well as the safety and well-being of co-workers. Gettysburg College will utilize every reasonable measure to maintain a drug and alcohol-free work environment.
• Illegal Drugs - Illegal drugs, for the purposes of this policy, include narcotics, hallucinogens, depressants, stimulants, other substances capable of creating or maintaining adverse effects on one's physical, emotional, or mental state, and controlled medication not prescribed for current personal treatment by a licensed medical professional, in a medical setting, to address a specific physical, emotional, or mental condition.
• Medication or Prescription Drugs - Medication or prescription drugs, for the purpose of this policy, are drugs that an individual may be taking under the direction of a licensed medical professional in a medical setting to address a specific physical, emotional, or mental condition.
• Supervisory Referral - A process whereby supervisors require an employee to seek appropriate referral services through the Employee Assistance Program (EAP).
Awareness: In order to meet the objectives of this policy, Gettysburg College will provide to all employees information about the effects of drugs and alcohol through educational efforts and about the availability of information and services through the Employee Assistance Program (EAP). Additionally, the College will educate and train its management and supervisors to identify problems and symptoms of drug and alcohol abuse.
Following are descriptions of the health risks associated with the use of illicit drugs and the abuse of alcohol:
Alcohol: Although moderate alcohol use can be a healthy life-style choice for many, it is America's most abused drug. Each year, alcohol contributes to over one third of all traffic fatalities, over half of fires and half of burn injuries, almost half of hypothermia and frostbite cases and about 20 percent of completed suicides.
Chronic, excessive use causes cirrhosis of the liver, heart disease, cancer, gastrointestinal disorders, pancreatitis, respiratory ailments, neurological and nutritional disorders.
Alcohol abusers risk two to six times the rate of the population at large for death from disease, accident or violence. Alcohol abuse is a major factor in child abuse, domestic violence, sexual assault and other crimes. Use during pregnancy is linked to early fetal death, decreased birth weight, increased infant mortality and Fetal Alcohol Syndrome.
Nicotine: Nicotine is contained in tobacco products, nicotine chewing gum/skin patches and snuff. Overdose results in dizziness, weakness, nausea, and in rare cases tremors and convulsions. It is particularly risky when used in combination with other drugs, which increase heart rate and blood pressure.
Smoking causes lung cancer, chronic lung disease, heart and vascular system diseases. Smokers develop thinner skin, possibly due to decreased blood supply, and often appear to age more rapidly than non-smokers.
Marijuana:Reactions to smoking marijuana depend on its strength, user expectations, mood, setting and other substances unknowingly mixed with the marijuana. It usually produces feelings of relaxation and mild euphoria, but an anxiety/panic reaction can also occur. Use results in cognitive impairment and perceptual distortions, making it very dangerous to drive or to operate machinery while under its influence.
Smoking marijuana increases heart rate, damages lungs and interferes with sex hormone production. Regular users can develop a psychological dependence on the drug. Heavy use in adolescence can interfere with the development of adequate social and coping skills necessary for dealing with normal frustrations and stresses of life. "Amotivational Syndrome" is characterized by lethargy, loss of interest in work, relationships , exercise and other key life components. Academic performance can be particularly adversely affected by marijuana use in students who have been diagnosed with Attention Deficit Disorder.
MDMA (Ecstasy):Although ecstasy users typically seek an increase in pleasurable sensations and emotional closeness with others, use can also result in anxiety, paranoia, and psychotic episodes. It appears that with repeated use, depression and memory loss may be significant and long-term. Research suggests that repeated use or use at high doses may be linked to permanent changes in levels of the neurotransmitter, Serotonin and brain activity. These changes may be more evident in women than men.
Ecstasy use has been associated with a number of deaths, especially in conjunction with intense physical exertion. Overdose, characterized by greatly increased body temperature, hypertension and kidney failure, is typical of a stimulant overdose. It has also been linked to liver failure. Early signs of overdose are jitteriness and teeth clenching.
Hallucinogens:The effects of hallucinogens (e.g. LSD, psilocybin mushrooms, peyote) are often unpredictable, depending on what the drug is "cut" with, the user's personality, mood, expectations and setting. Effects include disturbances in sensory perceptions, dilated pupils, increased heart rate, blood pressure and body temperature, sweating, loss of appetite, insomnia, dry mouth and tremors. Combining PCP-like drugs with alcohol or sedatives can be fatal. Mescaline (peyote) taken with stimulants can also be very dangerous.
Negative psychological reactions ("bad trips") are unpredictable and not uncommon. They may be mildly anxiety producing or terrifying. Sometimes they can unmask serious underlying psychiatric problems which may require long-term treatment. Flashbacks, in which a person experiences the drug's effects without taking it again, can occur for months afterwards. Chronic use can result in mental confusion, difficulty with abstract thinking, and impaired memory/attention span/ concentration.
Stimulants: Stimulant drugs include amphetamines (Dexedrine, "uppers") diet pills, caffeine (found in products such as "No Doze") and nicotine. Stimulant drugs are used relatively safely to medically treat overweight, mild depression, fatigue, narcolepsy and Attention Deficit Disorder.
When abused, stimulants are associated with exhaustion, irritability, heart and circulatory system damage (including cardiac arrest and strokes), mental fatigue and confusion, psychosis, convulsions, hallucinations, panic, dizziness, social withdrawal depression and increased suicidal risk. Abusers can become profoundly physically dependent.
Sedatives: Sedatives include barbiturates, Rohypnol, Valium, Librium and other benzodiazapams (e.g., Xanax), GHB, "date rape drugs".
Sedatives produce relaxation and at higher doses, lightheadedness, drowsiness, slurred speed and in coordination. Driving can be extremely dangerous. Overdoses, using combinations of sedatives or mixing sedatives with alcohol can be fatal. Rohypnol and GHB, the "predatory drugs", can be added to drinks to facilitate a sexual assault. GHB is easy to manufacture, difficult to detect in a drink and can be fatal. Anyone who feels weak, dizzy, lightheaded or confused after a drink should obtain medical help immediately.
Cocaine: Cocaine is a short-acting, stimulant drug which induces short-lived euphoria and increased energy and alertness. Use results in increased motor activity, respiratory rate, blood pressure and body temperature. Cocaine use leads to impaired perception, coordination and reaction times. It also can cause mood changes, impulsive behavior, risk-taking, nervousness, and perceived decreased need for food and sleep.
Cocaine may initially appear to energize the body, but in fact depletes energy by using it up faster. Even small doses of relatively pure cocaine can be fatal by causing hypertension, seizures, convulsions, respiratory and cardiac arrest. Nicotine, when used with cocaine, increases risk for sudden death from cardiac arrest.
Long-term effects can include restlessness, extreme mood swings, insomnia, paranoia, malnutrition, dehydration, constipation, rapid tooth decay and difficulty urinating. Male impotence and reduced female sexual response can also occur.
Addiction develops rapidly, especially when smoked in the form of "crack" cocaine. After the initial euphoria wears off, the user begins to feel depressed. The user then uses more cocaine to offset the depression. Soon, frequent users need the drug just to feel normal.
Inhalants: Inhalants include nitrites, anesthetics (nitrous oxide), solvents, paints sprays and fuels(gasoline, glues). Risks are especially high with anesthetic agents and solvents which can cause cardiac arrhythmia/arrest and severe, sudden oxygen deprivation. Risks are compounded by the extreme flammability of some of these agents. These agents are also associated with accidents and suicides. A significant percentage of people who die from use, are first-time users. Inhalants are particularly dangerous when combined with alcohol, sedatives, and cold medicines.
Long-term use is associated with central nervous system damage, neurological damage and deficits in memory, attention and concentration.
Ketamine ("Special K"): Ketamine is an animal tranquilizer, sometimes used as a "club drug". It is a dissociative drug, in that the user may lose the normal sense of connection between body and mind. In its tablet, powder, or liquid form it is similar in appearance to cocaine and methamphetamine, and may be mistaken for those drugs. In powder form, it may be sprinkled on tobacco or marijuana and smoked. Or it may be injected. Large doses can lead to convulsions, brain damage, heart attack, stroke, coma, or death.
Sources: C Kuhn, S Swartzwelder, W Wilson, Buzzed: The Straight Facts About the Most Used and Abused Drugs, W. W. Norton and Company, 1998.
NIDA (National Institute for Drug Abuse) website: http://www.drugabuse.gov/NIDAHome.html
Prohibited Conduct (Drugs): Employees may not possess, use, purchase, sell, or transfer illegal drugs or controlled substances in any amount on College property(including parking lots), or in College vehicles (either owned by, leased to or used on behalf of the College), or while on College business or performing College-related duties on or off campus. Illegal drugs and substances are those which cannot be legally obtained, including controlled substances and controlled substance analogues,as well as those drugs which, although legal, have been illegally obtained (i.e.,prescribed drugs not being used for prescribed purposes or not being used by the intended recipient of the prescription, including amphetamines and barbiturates).Examples of illegal drugs include marijuana, cocaine, "crack", heroin, morphine, phencyclidine (PCP), hallucinogens, narcotics, etc.
Employees may not possess, use or consume illegal drugs or substances on or off College property during working hours, lunch periods, or break or relief periods.
Employees may not report to work "under the influence" of illegal drugs or substances.
Employees are prohibited from bringing drug paraphernalia onto College property(including parking lots) at any time.
Prohibited Conduct (Alcohol): Employees may not possess, use, purchase, sell, or transfer alcohol on College property (including parking lots), or in College vehicles (either owned by, leased to or used on behalf of the College), or while on College business or performing College-related duties on or off campus. An exception to this general rule is the responsible and legal use of alcohol at College sponsored events. The College does not take responsibility for the improper or illegal use of alcohol at such events.
Disciplinary Action: Any employee found to be in violation of this policy will be subject to disciplinary action that may include warning, immediate suspension, and up to and including termination. All such action requires the joint review and approval by the immediate supervisor and the Co-Directors of Human Resources and Risk Management. Any illegal substance confiscated will be turned over to the appropriate law enforcement agency for additional investigating and handling. Illegal substances include medication or prescription drugs not being used in accordance with a legitimate prescription.
Relapse by Employee: Any employee who is rehabilitated through the EAP must abide by the terms of any last chance agreement and/or the terms and conditions of the EAP program. Any relapse by an employee will be considered a violation of this policy and the employee will be subject to disciplinary action, up to and including termination.
Reporting Violations: As a condition of continued employment with this College, any employee convicted in court of any workplace violation of any criminal drug statute must report the conviction to the College no later than five (5) days after such conviction. An employee who fails to report such a violation is subject to disciplinary action, up to and including discharge.
Following is description of applicable legal sanctions under local, state, or federal law:
Pennsylvania Law/Borough Ordinances:
Underage drinking 18 Pa. C.S.A. 6308 This includes consumption, or transportation of alcoholic beverages. Penalties include fines from $300 to $500, 90 days to one year in prison, and 90-day to two-year driver's license suspension. Parents will be notified for those under 18.
Requesting or inducing a minor to obtain alcohol 18 Pa. C.S.A. 6310 Penalties include fines of not less than $300 up to $2,500 and/or up to one year in prison.
Knowingly making, altering, selling, or attempting to sell a false ID:18 Pa. C.S.A. 6310.2
Penalties include fines of not less than $1,000 and up to $5,000 and/or up to two years in prison.
Furnishing alcohol to minors (including allowing minors to possess alcohol on
premises owned or controlled by person charged) 18 Pa. C.S.A. 6310.1 Penalties include fines of not less than $1,000 up to $2,500 (can be per person served) and/or up to one year in prison.
Alcoholic Beverages ("Open Containers")
It is unlawful, within the Borough of Gettysburg, for any person to drink "liquor" or "malt or brewed beverages" upon any public street, municipal parking lot, private parking lot open for public use, or public park, or in any vehicle operated or parked thereon.
It is unlawful, within the Borough of Gettysburg, for any person to have in such person's possession, or in a vehicle under such a person's control, any open container containing "Liquor" or "malt or brewed beverages" upon any public street, municipal parking lot, private parking lot open for public use, or public park.
Noise Violations (Disorderly Conduct)
It shall be unlawful for any person to make unreasonable noise as to disturb, annoy or inconvenience any other person. Any noise includes, but is not limited to, noises caused by loud music, loud talking, yelling, barking dogs (etc.). The Gettysburg Borough Police Department has the right to issue citations on a single complaint from the public. A warning is not necessary if the Police Officer feels the citation is warranted.
- Following is a description of applicable counseling, treatment, rehabilitation, or re-entry programs1. 1. We want to encourage employees who think they may have a drug or alcohol dependency problem to seek help voluntarily through the Employee Assistance Program. The EAP may be accessed at www.wellspaneap.org; or by phone 1-866-227-6527.
- Local off-campus drug and alcohol assessment, treatment, and referral resources:
- Adams-Hanover Counseling Services, 44 S. Franklin St. Gettysburg, PA 17325 -717-334-9111; Hanover 717-632-4900.
- Pennsylvania Counseling Services: 334 York Street, Gettysburg, PA 17325, 717-337-0026.
- Wellspan Behavioral Health: 40 V-Twin Drive Suite 202, Gettysburg, PA 17325, 717-337-2257.
- There are also a number of drug/alcohol related self-help groups, which meet regularly in the area. For a listing, contact Counseling Services, 337-6960.