Page Comparison

...

...

PURPOSE

The purpose of this policy is to ensure compliance with applicable federal and state laws prohibiting unlawful discrimination and harassment and to foster the college’s commitment to providing an educational and working environment free from unlawful discrimination and harassment.

...

Canisius College strives to provide an educational and working environment that is free from all forms of discrimination and harassment and is committed to providing an environment that values diversity and emphasizes the dignity and worth of every individual, and an environment in which every individual is treated with respect.  As part of this commitment, Canisius College does not discriminate on the basis of age, race, religion or creed, color, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity, gender expression, familial status, domestic violence victim status, pregnancy, citizenship or immigration status, disability, criminal conviction, criminal arrest record or any other status protected by local, state or federal law in administration of its educational policies, employment practices, admissions policies, scholarship and loan programs, and athletic and other school administered programs.

Discrimination or harassment in any form is inimical to these goals and fundamentally at odds with the values of Canisius College.  They are unacceptable behaviors and will not be tolerated.  Accordingly, individuals who discriminate against or harass others in violation of this policy, regardless of whether such conduct rises to the level of unlawful discrimination or harassment, may be subject to disciplinary action, up to and including termination of employment, association with the college, or dismissal from the college. The college also prohibits retaliation by any person against any person for filing or supporting a complaint under this policy. 

II. Scope

A.    Generally

This policy applies to prohibited discrimination or harassment conduct in all college education programs and activities and to all participants in such education programs and activities, including administrators, faculty, staff, students, volunteers, contractors, and guests. This policy covers prohibited conduct that occurs on campus, in connection with an official college program or activity (regardless of location), and to off-campus conduct when the conduct, in the judgment of the college, could deny or limit a person’s ability to participate in or benefit from the college’s programs and activities or when the college, in its sole discretion, otherwise has an identifiable interest in the off-campus conduct.

B.    Interaction with Sexual and Gender-Based Misconduct (Title IX) & Sexual Harassment Prevention Policies

In support of its commitment to provide an educational and working environment free from all forms of discrimination and harassment, Canisius College has adopted this policy prohibiting discrimination and harassment in all forms identified above below (the “Anti-Discrimination/Harassment Policy” or the “policy”“Policy”).  In addition, Canisius College maintains a separate Sexual and Gender-Based Misconduct (Title IX) Policy and a separate Sexual Harassment Prevention Policy that will govern certain allegations of sexual and gender-based misconduct and harassment.  These separate policies may be summarized, in general, as follows:

• Sexual and Gender-Based Misconduct Policy: Canisius College is committed to eliminating Sexual and Gender-Based Misconduct, preventing its recurrence, and addressing and remedying its effects.  In compliance with Title IX of the Educational Amendments of 1972 and 34 CFR Part 106, the Violence Against Women Act as reauthorized by the Campus SaVE Act, the and New York’s Enough is Enough Law, and other applicable federal, state and local laws, the college has adopted a Sexual and Gender-Based Misconduct Policy that specifically addresses incidents of Sex and Gender-Based Discrimination, Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Sexual Exploitation, and Stalking.  The entirety of this Sexual and Gender-Based Misconduct Policy may be accessed here. 

• Sexual Harassment Prevention Policy:  Canisius College is committed to maintaining a workplace free from sexual harassment.  In compliance with New York State law, the college has adopted a Sexual Harassment Prevention Policy that specifically addresses sexual harassment against employees, applicants for employment, interns and non-employees, such as volunteers, providing services in the workplace pursuant to a contract with the college or any of their employees, regardless of immigration status.  Sexual harassment covered by the policy includes any harassment based on a person’s sex, sexual orientation, self-identified or perceived sex, gender expression, gender identify and the status of being transgender.  The policy also prohibits retaliation for reporting or complaining about sexual harassment or providing information, testifying or assisting in any investigation or proceeding involving sexual harassment.  The entirety of this Sexual Harassment Prevention Policy may be accessed in Volume IIhere. 

All members of the college community are expected to carefully review the Sexual and Gender-Based Misconduct Policy and are responsible for complying with its terms.  Violations of the College’s Sexual and Gender-Based Misconduct Policy may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.

All employees also are expected to carefully review the Sexual Harassment Prevention Policy and are responsible for complying with its terms.  Violations of the College’s Sexual Harassment Prevention Policy may result in sanctions up to and including termination.

The college has also adopted this Anti-Discrimination/Harassment Policy to ensure a prompt and equitable resolution of all reports or complaints of discrimination and harassment complaints not involving sex or gender-based discrimination or harassment.  it deems not to fall within the scope of either the Sexual and Gender-Based Misconduct or the Sexual Harassment Prevention Policies. 

This policy is designed to do the following:

• Reaffirm the college’s commitment to providing a positive, supportive and tolerant environment for study and work, free from discrimination, harassment, and retaliation;
• Let Alert all members of the college community know what to the kind of conduct that is expected, and what kind of conduct that is discouraged or proscribed;
• Inform victims of discrimination, harassment, and retaliation of their options and rights vis-à-vis rights, including rights to pursue complaints of discrimination, harassment, or retaliation not involving sex or gender;
• Inform all members of the college community about the procedures available at the college for addressing, investigating, and resolving discrimination, harassment, and retaliation complaints , other than complaint related to sexual or gender-based misconduct, which as noted will be considered under the Sexual and Gender-Based Misconduct Policy (click here)filed under this policy;
• Protect the rights of all parties to confidentiality of complaints, to the extent reasonably possible; and
• Prevent retaliation against persons making complaints under this policy, as well as persons who participate in or cooperate with an investigation under this policy.

All As is the case with the Sexual and Gender-Based Misconduct Policy and the Sexual Harassment Prevention Policies, all members of the college community are expected to carefully review this policy, and are responsible for complying with its terms.  Violations may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.There will be instances where conduct alleged to be in violation of this

As certain reported misconduct claims may implicate more than one of the policies referenced in this Section B, such as where the alleged misconduct may violate provisions of this Anti-Discrimination/Harassment Policy also would constitute a reported violation of as well as the college’s Sexual and Gender-Based Misconduct Policy and/or its Sexual Harassment Prevention Policy.  When alleged misconduct relates to both a person’s sex, sexual orientation, sexual identity, gender, gender expression, or gender identity and another protected characteristic, the college will coordinate response efforts by following the respective processes set forth in , the college will in its sole discretion determine the policy or policies that will govern, and the procedures that will be implemented with respect to the disposition of any complaint.  As a general matter, and without in any way limiting the breadth of the college’s discretion, allegations of sex discrimination which rise to the level of sexual harassment and which occur within the college’s educational programs and activities will be handled in accordance with the college’s Sexual and Gender-Based Misconduct Policy and/or Sexual Harassment Prevention Policy to address any and all harassment and discrimination.  When the alleged misconduct relates to any other protected characteristic, the college’s investigation and resolution efforts will be guided by this policy.  The determination of which policy or policies will govern is in the sole discretion of the college.

...

III. Prohibited Conduct Defined

AThe following are categories of conduct that are prohibited by this policy (“prohibited conduct”) and may result in disciplinary action if committed by college employees or students.

A.    Discrimination

Discrimination is unlawful conduct that is based upon an individual’s conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their education or employment because of their age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conviction history, criminal arrest record or any other status protected by local, state or federal law (collectively, “protected characteristics”).

Listed below are examples of conduct that can constitute discrimination if motivated by or based on an individual’s a subject’s protected characteristic(s).  This list is not intended to be all-inclusive; in addition, and each situation will be considered by the college in light of the specific facts and circumstances to determine if discrimination has occurred.

• Singling out or targeting an individual for different or adverse treatment (e.g., more severe discipline, lower salary increase, change in work conditions, verbal abuse) because of one or more of his or her actual or perceived protected characteristic(s), or the individual’s perception as to such protected characteristic(s);
• Failing or refusing to hire or admit an individual because of his/her actual or perceived protected characteristic(s), or the individual’s perception as to such protected characteristic(s); and
• Terminating an individual from employment or an educational program or activity based on his/her actual or perceived protected characteristic(s), or the individual’s perception as to such protected characteristic(s).

Other Forms of Discrimination—In addition to the above, the following are acts of discrimination which are prohibited by under this policy:

• Causing physical harm, verbally abusing, intimidating or engaging in other conduct that threatens the health or safety of any member of the college community based on his or her actual or perceived protected characteristic(s), or the individual’s perception as to such protected characteristic(s);
• Hazing (defined as acts likely to cause physical or psychological harm or social exclusion or humiliation) any member of the college community based on his or her actual or perceived protected characteristic(s), or the individual’s perception as to such protected characteristic(s); and
• Bullying (defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or degrade another person physically or mentally) any member of the college community based on his or her actual or perceived protected characteristic(s), or the individuals’s perception as to such protected characteristic(s).

B.     Harassment

Harassment is a form of discriminatory misconduct, and it encompasses any conduct against an individual, on the basis of his or her age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conduct or any other status protected by local, state or federal lawor motivated by one or more protected characteristics, when the conduct is either:

...

objectively offense (something more than a petty slight or triviality), and:

• exposes the subject to inferior terms, conditions or privileges of employment or educational opportunity;
•  denies or limits the subject’s ability to participate in or benefit from the college’s programs or activities; or
• The conduct has the purpose or effect of otherwise unreasonably interfering with an individual’s the subject’s employment or education. 

The determination of whether an environment is “hostile” or harassing must harassment is established by specific acts or omissions will be based on all of the circumstances, giving consideration to whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.  Also, the following factors will be among those considered by the college in assessing whether a “hostile” environment has been created, maintained or promoted: (a) the degree to harassment claims under this policy: (a) the degree to which the conduct affected one or more students’ education or individual’s employmentthe educational environment or the workplace; (b) the nature, scope, frequency, duration, severity, and location of incident or incidents; (c) the intent, purpose or objective(s) of the participants involved in the conduct; and (d) the identity, number, and relationships of persons involved.  While the intent of the actors individuals involved will be considered as part of the overall assessment of whether a “hostile” environment has been created, maintained or promoted, the absence of intent to offend, demean, injure or harass will not be determinative of the issue.A . Nor is this policy intended to address differences of opinion that may arise and lead to argument or discord, where the words or actions are not based on or motivated by the subject’s protected characteristic(s).

Even a single or isolated incident of harassment may create (and may support a finding of) a hostile environment if the incident is sufficiently severe.  The more severe the conduct, the less need there is to show a repetitive series of incidents in finding a hostile environment, particularly if the harassment is physical in nature.The foregoing also must the basis for finding a policy violation. However, this policy will be interpreted in light of one of the fundamental purposes of a Canisius College education which education—which is to teach students to think, write, and express themselves critically.  This is a demanding skill and students must confront, in stark and sometimes painful ways, the comfortable assumptions that they often bring to the college experience.  Instruction in critical thinking very well may involve saying or presenting materials that are felt by individuals to be offensive or embarrassing.  In such cases, students should communicate directly with the faculty member involved, the an effort to balance competing considerations in this area, and to distinguish legitimate academic and social debate with communications that demonstrate proper respect for the dignity and worth of others, the college has promulgated a Freedom of Expression policy- (: https://wiki.canisius.edu/display/HR/Volume+II%3A+2.1+General+Institutional+Policies#VolumeII:2.1GeneralInstitutionalPolicies-2.1.4FreedomofExpressionPolicy).  In cases where actions or communications are thought to reflect bias or an absence of proper respect for the dignity of others in the community or society at large, or otherwise constitute harassment or retaliation, students or others are encouraged to communicate directly with the faculty member involved, the department chair or the associate dean of the applicable school.  (See Section IV below regarding Academic Freedom.)  Nor is this policy intended to address normal differences of opinion that arise but are not based on a person’s protected status.  In the case of students, those matters can be addressed through the procedures set forth in the Community Standards.  In the case of employees, those matters can be addressed through procedures set forth in the Faculty Handbook or Volume III of Canisius College Policy Manual as applicable.  

C.   Sexual Harassment and Sexual Violence 

For the same reasons listed above, it is the policy of Canisius College that all faculty, staff, students, and visitors work, learn, and participate in an environment free from sexual harassment and/or sexual violence, which are prohibited and may also violate federal, state and local law.  Claims of sexual or gender-based harassment and/or violence are governed by the college’s separate  Sexual and Gender-Based Misconduct Policy and/or the college’s separate  Sexual Harassment Prevention Policy. 

E.    Retaliation

Retaliation means any , or report them in the manner provided in Section IV of this policy.  When complaints involve consideration of pedagogical concerns, the college will evaluate such complaints, and balance any relevant, legitimate principles of academic freedom and independence of thought and expression with intrusions on the subject’s ability to participate in or benefit from the relevant class, educational program or college activity.

C. Other Unprofessional/Inappropriate Conduct

Behavior or conduct that is unprofessional and/or inappropriate for the educational and/or working environment, and based on or motivated by a subject’s protected characteristic(s) is also prohibited by this policy.

D. Retaliation

Retaliation means any adverse action taken against a person who has filed a complaint under this policy, or who has participated in or cooperated with an investigation or a process under this policy, in reprisal for having done so, that might dissuade a reasonable person from making or supporting a complaint or participating in a process under this policy.

...

E.

...

A.    Reporting Other Definitions

Complainant or Subject means an individual who is alleged to be the victim of conduct prohibited under this policy.

Respondent means an individual who has been reported to be the perpetrator of prohibited conduct.

Party is a Complainant (or Subject), or a Respondent.

IV. Reporting Procedures

A. Reporting to the College

Complaints of violations of this policy, including complaints of retaliation, should be made to the college’s Associate Vice President for Human Resources and Compliance (“AVP HR”).  The AVP for HR is:

Linda M. Walleshauser

Associate Vice President for Human Resources & Compliance

Old Main 100

walleshl@canisius.edu
716 888-2244

In the event that the coordinator AVP for HR is the subject of a complaint under this policy, the Vice President for Business & Financewill Finance will assume the AVP HR role.  If the president is the subject of a complaint, the chair of the board of trustees or the chair’s designee will assume the president’s AVP HR role in the process.

Students who perceive themselves to be the victim of discrimination, harassment, or retaliation by another student may also report the incident via the reporting procedures outlined in the Community Standards.B.    External Complaints

The availability and use of this policy does not prevent a member of the college community from filing an inquiry with external agencies such as the Office for Civil Rights or the U. S. Equal Employment Opportunity Commission.

Students: Students and student applicants may file formal complaints with the following agency:

While verbal reports of prohibited conduct will be received and responded to as appropriate considering the wishes of the reporting individual(s) and the circumstances of each case, the college ultimately will require, within 48 hours of a verbal report, that such report alleging a violation of this policy be submitted in writing. The written complaint should:

• Identify the parties involved;
• Describe the policy violation, including when and where it occurred; and
• Identify by name or description any witnesses and/or evidence.

Written complaints will be treated as confidentially as practical and shared only on a need-to-know basis or as otherwise required under the law. Anonymous reports will be accepted.  The determination of need-to-know shall be in the college’s sole discretion. 

B. External Complaints

The availability and use of this policy does not prevent a member of the college community from filing an inquiry with external agencies such as the Office for Civil Rights or the U. S. Equal Employment Opportunity Commission.

Students: Students and student applicants may file formal complaints with the following agency:

Office for Civil Rights (OCR), Headquarters

...

Facsimile: (202) 453-6012

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr

Employees, Employment Applicants, Volunteers and other 3^rd Parties: Employees, applicants for employment and other 3^rd Parties may file formal complaints with the following agencies:U.

1. S. Equal Employment Opportunity Commission

Two Gateway Center

Suite 1703

...

Fax: 973-645-4524

TDD: 1-800-669-6820 

The New York State Division of Human Rights

...

Phone: (718) 741-8400

TDD: 1-718-741-8300
Website: https://dhr.ny.gov/ 

The City of Buffalo Commission on Citizens’ Rights and Community Relations

...

Buffalo, NY, 14202
716-851-8000

V. Investigation and Resolution

No more than five (5) business days after a written report is received, the AVP HR (or designee) will meet separately with the parties to discuss the complaint.  If the parties choose not to participate, such non-participation will not prevent the matter from proceeding.

After meeting with the parties, the AVP HR (or designee) will make a determination as to whether:

1. The matter can possibly be resolved through Informal Resolution;
2. A formal investigation is warranted to resolve the case; or
3. There are no reasonable grounds for believing that the alleged incident(s) constitutes discrimination, harassment and/or retaliation in violation of this policy.

In the event that the AVP HR (or designee) determines there are no reasonable grounds for believing that the conduct at issue constitutes discrimination, harassment and/or retaliation as defined by this policy, the matter will be closed and the parties will be promptly notified of such resolution in writing.  The reasons for the conclusion that the conduct at issue does not constitute discrimination, harassment and/or retaliation will be set forth in the writing.

A. Informal Resolution

At any time prior to the review of an investigative report, a party may request an informal resolution of the complaint.  All parties and the AVP HR (or designee) must agree to informal resolution for this option to be used.  In assessing whether the informal resolution process is appropriate in a given matter, the AVP HR (or designee) will assess the request for an informal resolution and the perceived benefit of informal resolution against the severity of the alleged violation, and any potential risks to a party, to other college community members, or to the college. 

If the AVP HR (or designee) determines that an informal resolution is appropriate, she/he will facilitate a dialogue with the parties in an attempt to reach an amicable resolution.  The matter will be deemed resolved when the parties expressly agree to an outcome that is acceptable to them, and which is approved by the AVP HR (or designee).  A party may withdraw from the informal resolution process at any time.  The administrator (or designee) may also reinitiate an investigation at any time deemed appropriate. 

If informal resolution efforts are unsuccessful, the Formal Resolution process will commence.

B. Formal Resolution

If the AVP HR (or designee) determines that a formal investigation is warranted to resolve a complaint, the AVP HR (or designee) then will investigate to determine whether the employee or student alleged to be responsible for a violation of this policy is in fact responsible and what, if any, corrective action is appropriate, in accordance with the procedures described below.  The AVP HR may designate external or internal investigators should the AVP HR deem a designee investigator to be necessary or appropriate.

The Investigation

The investigation will be conducted in a manner appropriate in light of the circumstances of the case. The investigation may include, but is not limited to, conducting interviews of the complainant(s), the respondent(s), and any witnesses deemed relevant by the AVP HR (or designee); reviewing law enforcement investigation documents, if applicable; reviewing  personnel files and other college documentation, if applicable; and gathering, examining, and preserving other relevant documents and physical, written, and electronic evidence (including text messages and other phone records, social media posts, security camera footage, and other probative evidence).

The parties will be afforded an opportunity to identify and present relevant witnesses and evidence to the AVP HR (or designee), as well as identify witnesses who may have relevant information.

The Investigative Report and Conclusions

The AVP HR (or designee) will make conclusions as to whether the respondent violated any provision of this policy. The standard of proof shall be by a preponderance of the credible evidence. The  findings and conclusions will be set forth in writing.

1. Determination of No Policy Violation. If the AVP HR (or designee) determines that the respondent did not violate any provision of this policy, the AVP HR (or designee) will determine and document this resolution, and notify the parties of that determination. A determination of no policy violation will result in a dismissal of the complaint, but shall not preclude the AVP HR (or designee), in her/his discretion, from conducting conferences with one or more of the parties in an effort to educate them as to pertinent concerns about the reported behaviors, or the implementation of appropriate, non-punitive remedial and/or community-based efforts such as educational initiatives and/or trainings.
2. Determination of a Policy Violation.If the AVP HR (or designee) determines there is sufficient information to find, by a preponderance of the evidence, that the respondent violated this policy, the matter will be referred for corrective action, as discussed below.

Appeals

The provisions governing the availability of appeals from or reviews of the investigative determinations made under this policy, and the appellate process if an appeal is available, will be set forth:

1. For Students:  In the Community Standards.
2. For Staff and Non-faculty Employees: In applicable non-faculty employee and staff policies;
3. For Faculty: In applicable provisions of the Faculty Handbook and such other faculty policies as may be applicable.

Corrective Action

If the respondent is found responsible by the preponderance of the evidence, the matter will be referred as applicable to either Student Affairs (student respondents), Academic Affairs (faculty respondents), or Human Resources (staff respondents and third-party respondents), for the imposition of corrective action(s).  The range of corrective actions include:

1. Employee Respondents: Sanctions and/or responsive action for employees or volunteers may include work restrictions, requirement to seek or secure counseling, requirement to attend and complete conduct-focused education or training, salary reduction or limitation, loss or reduction of an employment-related benefit or privilege, an oral warning, a written reprimand, suspension from employment, revocation of tenure (for tenured faculty), and/or dismissal from or termination of employment. This list is not intended to be exhaustive, and other types of corrective action for employees or volunteers can include corrective actions intended to remediate the impact of the misconduct that violated the policy, and hold the employee or volunteer violating the policy accountable for such misconduct.  
2. Student Respondents: Sanctions and/or responsive action for students found responsible for Policy violations may include warnings, fines, restitution, requirement to seek or secure counseling, requirement to attend and complete conduct-focused education or training, other discretionary sanctions, assignment to complete an educational program or activity on a different timeline or in a different format, loss of campus privileges, residence hall probation, administrative relocation, residence hall suspension, suspension or removal from a college team, club or activity, termination of recognized status as a college team, club or activity, residence hall expulsion, college probation, college suspension, college expulsion, revocation of admission and/or degree, and/or withholding or revocation of a degree (whether or not that degree has been conferred).   This list is not intended to be exhaustive, and other types of corrective action for students can include corrective actions intended to remediate the impact of the misconduct that violated the policy, and hold the student violating the policy accountable for such misconduct.
3. Third-Party Respondents: For policy violations by contractors, vendors, and others doing business with the college, the Associate Vice President for Business and Human Resources will consult with the contracting department to determine the appropriate resolution, up to and including termination of a contractual relationship. Again, this listing is not exhaustive, but is intended to be illustrative of the common forms of sanction that may be issued upon a finding of responsibility with respect to a third-party (e., not an employee, volunteer or student).

VI. Miscellaneous

Supportive Measures

Regardless of the complaint resolution process utilized in response to a complaint of prohibited conduct, the college will, to the extent practicable based on the college’s resources, provide the complainant (and the respondent, where appropriate) with support and resources to restore or preserve equal access to the college’s education programs and activities and/or employment. Such measures are designed to promote the well-being of all parties implicated by a report, to deter prohibited conduct and (if necessary) to protect the safety of the parties and the campus community. Supportive measures may include, but are not limited to: counseling, reasonable extensions of academic or other deadlines, course-related adjustments, modifications to work or class schedules, campus escort services, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar measures. Supportive measures may also include mutual restrictions on contact between the parties involved in a report or a complaint.

Confidentiality

All actions taken to investigate and resolve complaints through this procedure will be conducted with discretion, and in as confidential a matter as reasonably possible and appropriate, but without compromising the thoroughness and fairness of the investigation.  All persons involved are to treat the matter as sensitive, and are expected to be discreet as well.  To conduct a thorough investigation, however, the investigator(s) may well need to discuss the complaint with witnesses and those persons involved in or affected by the complaint, and other persons necessary to assist in the investigation or to implement appropriate disciplinary actions.  In such situations, the college will not be in a position to maintain confidentiality, but will strive to remain discreet.

Any person who knowingly and intentionally makes an unauthorized disclosure of confidential information contained in a complaint or otherwise relating to the investigation of a complaint under this policy is subject to disciplinary action, up to and including dismissal from the college or termination of employment.

Standard of Proof

All findings and determinations of responsibility under this policy will be made using a preponderance of the credible evidence standard. This standard requires the determination of whether it is more likely than not (>50%) that a fact exists or that a violation of this policy occurred, based on the totality of the circumstances and the credible proof available.

Time Frames

Time frames mentioned in these procedures may be extended for good cause, such as holidays or when classes are not in session, or when it is necessary to complete an investigation due to difficulties reaching witnesses or parties to the complaint.

Duty of Truthfulness

All parties and witnesses are obligated to be completely truthful during the course of the entire process set forth in this policy. Any person who knowingly makes a false statement, either explicitly or by omission, in connection with any part of the process, may be subject to separate disciplinary action, up to and including dismissal from the college or termination of employment. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support or refute the allegation of violation of the policy.

Duty of Cooperation

All parties and witnesses are obligated to cooperate with any persons charged with implementing this policy and these procedures. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under this policy may be subject to separate and/or additional disciplinary action, up to and including dismissal from the college or termination of employment.

Participation in Proceedings

To enable the most accurate and fair review of the facts, the parties are expected to attend and participate in meetings during the course of an investigation under this policy. If an individual chooses not to attend one or more meetings, the allegations will be reviewed on the basis of the information and evidence available, and a decision will be made.

Advisers

During the investigation and resolution process, the parties may designate and thereafter be accompanied by an advisor at meetings and interviews at which they are present; however, no advisor may examine witnesses or otherwise actively participate in a meeting or interview pursuant to this policy.  No meeting or other investigative activity may be postponed or rescheduled solely due to the absence of an adviser, or the failure of a party to designate an adviser. 

An adviser is subject to the same confidentiality expectations applicable to others in attendance.

Accommodations, including scheduling of interviews or reviews, generally will not be made for any advisers if they unduly delay the process. 

Without prior approval of the college, the adviser is not permitted to attend a meeting or proceeding without the complainant or respondent also being present, or in a “representative” capacity. 

The college reserves the right to bar further participation or take other appropriate remedial action regarding any adviser who disrupts the process, or who does not abide by the restrictions imposed by this policy.

Recording Proceedings

The parties are not permitted to make video, audio, or other electronic, photographic, or digital recordings of any meetings or proceedings held under this policy or these procedures, including the Investigative Report.  The college may make exceptions to this prohibition in limited circumstances, upon written request of the party seeking the recording.

Accommodations for Individuals with Disabilities

Reasonable accommodations will be provided to an individual with disabilities, in accordance with applicable law. An individual with a disability who requires an accommodation for any meeting or process this policy must request an accommodation, in writing or verbally with written memorialization to be created promptly thereafter; the college will make a determination regarding the request as soon as reasonably practical thereafter, and notify the appropriate parities.

Record Retention

Generally, records will be retained for seven (7) years after the date of an incident unless:

the college establishes a different time frame (either shorter or longer), or is mandated to maintain the record in compliance with federal, state, or local law or other college policy for a different period. 

Effect on Pending Actions

The filing of a discrimination, harassment or retaliation complaint under this policy will not stop or delay any investigation or disciplinary action otherwise related to the complainant, under this or any other college policy or process.

Relationship of Complaint Process to Outside Governmental Agency Complaints and Time Limits

The filing of a discrimination, harassment or retaliation complaint under this policy does not prevent or preclude the complainant from filing complaints with any governmental agency with respect to any allegedly discriminatory or retaliatory misconduct, or any alleged act of harassment, nor does it excuse the complainant from meeting any time limits or deadlines established by any governmental outside agencies with respect to such complaints.

Special Situations

The college retains the right to determine, in its sole discretion, if it will address a report of conduct under this policy administratively and outside of the process described herein when the safety of the college community is at risk, if the material facts are undisputed, if there are extenuating circumstances involving either of the parties, or if the applicable college official(s) determine it is in the best interest of the college and/or the community to do so.

2.1.2        Constitution Day Policy

...