INDEX

Introduction
Table of Contents

Policies in Process

Preliminaries

Policies

1. Legal Authority and Governance

2. University-wide

3. Presidential Area

4. Academic Affairs

5. Business Affairs

6. Student Life

7. University Advancement

8. Administrative Services

Civil Rights Complaint Procedures

The following process must be followed any time a member of the Marywood University community believes s/he has been the victim of or witness to discrimination, harassment, or assault by any member of the University community on University property or any property controlled by the University. Confidentiality is expected of all persons involved in the process.

In furtherance of Marywood University's commitment to its duties and obligations, regular training on harassment, discrimination and related topics is provided for managers and supervisors in the Marywood community.

Internal Process

1. As soon as possible, but at least within 30 working days, except in unusual circumstances, after the alleged incident(s) occurs, the complainant must present the complaint to the appropriate administrator as listed below:

Claims Against Faculty Members or Librarians

Contact: Academic Dean or Director of Library and/or Vice President for Academic Affairs

Claims Against Administrators or Staff Members

Contact: Immediate supervisor and/or a vice president

Claims Against Students

Contact: Dean of Students and/or Vice President for Student Life.

In all cases, individuals may contact the Assistant Vice President for Human Resources and Affirmative Action Officer if they feel they cannot contact the appropriate individual as noted.

In cases that involve two or more categories of Marywood community members, the administrator first contacted will consult with the President of the University to determine the appropriate course of action.

2. The initial discussion between the complainant and the administrator will be kept confidential to every extent possible. The administrator must contact the Assistant Vice President for Human Resources and Affirmative Action Officer in cases involving employees.

3. If the complainant, after an initial meeting with the administrator, decides to proceed, the complainant submits within 10 working days a formal complaint, preferably in writing, to the appropriate administrator. The complaint must include detailed factual information concerning the incident(s), and should include what the victim feels will correct the situation.

In certain serious cases the administrator may proceed even without a formal complaint.

Cases involving alleged discrimination, harassment, and sexual assault are particularly sensitive and demand special attention to issues of confidentiality. Dissemination of information relating to the case is to be limited, so as to insure, as fully as possible, the privacy of the individuals involved.

4. The complainant must be informed not to discuss the allegations with the offender(s) or any witnesses while the investigation is pending. The alleged offender must be informed not to discuss the allegations with the complainant or any witnesses while the investigation is pending. Any individual who retaliates against the complainant will be subject to discipline up to and including discharge from employment and/or termination of student status. The administrator must present a summary of the complaint and the proceedings to date to both the complainant and the alleged offender within 10 working days. Every effort will be made to protect both parties from retaliatory action by those named in the complaint as well as from all others.

5. After a formal complaint is submitted, the administrator must, within 10 working days, initiate whatever steps s/he deems appropriate to effect an informal resolution of the complaint, acceptable to both parties.

6. Appropriate remedial action will be determined by the appropriate administrator after consultation with executive officer(s) and/or legal counsel if deemed necessary. Action will be taken to eliminate the discriminatory or harassing conduct, including but not limited to warning, suspension, transfer, community service, discipline, discharge, or dismissal of the offender or anyone making a knowingly false complaint. The remedial action may also include offering assistance/training to the victim and/or the offender. The parties will be formally notified of the final decision, including punishment or sanctions.

7. Either party may appeal the decision if they believe and can provide specific support

that there was inadequate, arbitrary, or capricious consideration;
that certain relevant evidence was not reviewed; or
that new evidence is available.

Faculty Members including Librarians
Contact: Faculty Grievance and Appeals Committee
Process:

Written appeal due 15 working days after resolution

Process is outlined in the Guidelines for Faculty Grievances and Appeals.

Final decision of the President of the University is binding internally.

Administrators and Staff
Contact: Appointed committee of 5 from administrative, professional, and hourly employees
Process:
President of the University appoints committee within 10 working days.
Committee reviews evidence and resolution
Decision as soon as possible but within 45 working days
Parties notified within 10 working days
Appeal to President of the University within 15 working days of notice
President gathers information via appointed committee
President's decision within 30 working days is final.
Final decision is binding internally.

Students
Contact: Dean of Students and/or Vice President for Student Life
Process:
Vice President for Student Life constructs an Appeal Board within 10 working days of student's request for appeal.
Appeal Board reviews evidence and resolution, and advises the Vice President for Student Life.
Vice President's decision is communicated to the President of the University.
Final decision of the President of the University is communicated to the student in writing immediately and is binding internally.

External Process

Victims may choose to file a report with the proper law enforcement authorities. Marywood University has personnel on staff who can explain criminal complaint procedures and assist victims in beginning the process. Police investigation and legal prosecution are conducted outside of and in addition to University procedures.

Resources

A list of Marywood University and community resources is available at the Human Resources Office and the Student Life Offices.

Students are encouraged to use the services of the Counseling and Student Development Center, the Student Health Services Office, and the Students with Disabilities Services Office.

Related Policies and Committees

Policy - Civil Rights Policy
Policy - Search Committee Procedures and Affirmative Action
Policy - Search Procedures for New Faculty
Policy - Retrenchment of Faculty
Policy - Faculty Grievances and Appeals

History of the Policy

1987 - Grievance Procedures re Sexual Harassment or Discrimination involving a faculty member
1987 - Grievance Procedures re Sexual Harassment Involving Non-faculty Employees
1994 - Grievance Procedures re sexual harassment to apply also to sexual assault
1996 - Grievance Procedures re Disability Discrimination Involving Faculty
1996 -Grievance Procedures for Administrative, Professional, and Hourly Employees re Disability Discrimination
1996 - Grievance Procedures for Students re Disability Discrimination
04/03/00 - Approval by the President to combine civil rights procedures into one document as recommended by the Policy Committee of the University
07/21/03 - Revision approved by the President of the University to incorporate procedures involving students, including disability discrimination