Non-Discrimination, Anti-Harassment, Anti-Retaliation Policy & Complaint Procedures

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Non-Discrimination and Anti-Harassment and Anti-Retaliation Policy and Complaint Procedures

Immaculata University is committed to creating and maintaining an educational, working, and living environment free from unlawful discrimination, harassment, and retaliation.

It is the responsibility of all administrators, students, faculty, and staff to review and be knowledgeable about this Non-Discrimination and Anti-Harassment and Anti-Retaliation Policy and comply with it. Administrators, students, faculty, and employees are strongly encouraged to immediately report any incidents of discrimination, harassment, or retaliation.

If you are an executive officer or other officer, manager, or supervisor and anyone complains to you that they believe that they or anyone else may have been subject to unlawful discrimination, harassment, or retaliation, you must report this by contacting Campus Safety and Protection, the Dean of Students, or the Director of Human Resources. You may neither keep the complaint confidential nor investigate the complaint on your own. If you are not sure whether you have a duty to report, play it safe and report.

Coverage:

This policy covers all University administrators, students, faculty, staff, and guests.

The University will not tolerate, condone or permit discrimination, harassment (including but not limited to ethnic intimidation, racial incidents, hate crimes and incidents, and/or sexual violence), and/or retaliation, whether engaged in by administrators, faculty, students, staff, supervisors, managers, contractors, visitors or other guests on the campus, vendors or other non-employees who conduct business with the University or non-employees who are acting on behalf of the University.

As stated in our Notice of Non-Discrimination and Equal Opportunity, the University complies with Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes and University policies. Additional information can be found at http://www.immaculata.edu/heoa. 

Roles and Responsibilities:

It is the responsibility of all University personnel with supervisory responsibilities to:

  • Inform personnel under their direction or supervision of the Non-Discrimination and Anti-Harassment and Anti-Retaliation Policy
  • Notify Campus Safety and Protection, the Dean of Students, or the Director of Human Resources promptly when they receive reports, witness or otherwise learn of complaints of discrimination and/or harassment; and
  • Implement any corrective actions that are imposed as a result of findings of discrimination and/or harassment.

Prohibition of Discrimination:

Discrimination against a person on the basis of race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry, genetic characteristics, pregnancy, or any other characteristic protected by federal, state, or local law is unlawful and in violation of this Policy. The University will not engage in nor will it tolerate such discrimination. The University expects all members of the University community, as well as visitors, to be treated equally on merit in all aspects related to its educational programs and activities, including admission, and with respect to employment.

Listed are examples of conduct that can constitute discrimination if based on an individual’s protected characteristic. This list is not all-inclusive; in addition, each situation must be considered 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, raised or lowered grades) because of his or her protected characteristic.
  • Failing or refusing to hire or admit an individual because of his/her protected characteristic.
  • Terminating an individual from employment or an educational program or activity based on his/her protected characteristic.

Prohibition of Harassment on Account of Protected Factors:

Harassment on account of a person’s race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry, genetic characteristics, pregnancy, or any other characteristic protected by federal, state, or local law in the University’s educational, working, and living environment is unacceptable and a violation of this policy.

The prohibitions set forth below apply not only in the working, educational (including, but not limited to the classroom), and living environment, but also to all other work-related and educational settings, such as business trips and business-related social functions, educational field trips, and placements.

Further, the prohibitions apply, whether or not the incidents occur on the University campus and whether or not the incidents occur during working/educational hours. This means that administrators, students, faculty and staff are protected under this policy in connection with all the University’s administrative, academic, educational, extracurricular, athletic, and other programs, whether those programs take place on campus or elsewhere. The University will respond to complaints that arise from events that initially occurred off University property or outside a University program or activity. In responding to off campus events, the University will consider the effects of the off-campus conduct on an individual’s working, educational, and living experience.

It is important to remember that these prohibitions apply not only to oral and written communications, but also to e-mail, voice mail, Internet communications and searches, and other technology-assisted communications.

It is of no defense to inappropriate behavior that there was no bad intent, that it was only a “joke,” or that it was not directed at any particular person.

Definition and Examples of Harassment on Account of Protected Factors

For purposes of this policy, harassment on account of protected factors includes any unwelcome or unwanted attention, and other verbal, visual, or physical conduct or other form of offensive behavior directed toward an individual because of or on account of race, gender, ethnicity, religion, age, national origin, color, disability, marital status, familial status, veteran status, ancestry, genetic characteristics, pregnancy, or any other characteristic protected by federal, state, or local law when:

1. Submission to or rejection of such conduct by an individual is used as a basis or factor in decisions affecting the terms or conditions of employment, educational instruction or status, and/or participation in other University program or activity; or

2. Submission to or rejection of such conduct by an individual is used either explicitly or implicitly as a basis for a decision affecting an individual’s employment, educational instruction or status and/or participation in other University program or activity; or

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s working conditions, educational experience, living experience, and/or participation in a program or activity by creating an intimidating, hostile, or offensive academic, employment, educational, or living environment.

Examples of the types of conduct that are inappropriate and violate this policy, regardless of whether they constitute unlawful harassment on account of other protected factors include, but are not limited to:

  • Communication or display of offensive material capable of a stereotypical or discriminatory meaning;
  • Offensive remarks containing stereotypical or discriminatory references, including unwelcome comments about an individual’s body, appearance, manner, speech or dress capable of a stereotypical or discriminatory meaning;
  • Racial, religious, ethnic, or other stereotypical or discriminatory jokes or other inappropriate use of racial, religious, ethnic, or other discriminatory language capable of a stereotypical or discriminatory meaning;
  • Racial, religious, ethnic or other stereotypical or discriminatory intimidation
  • The display in the workplace of objects, drawings, or pictures which create an intimidating or hostile work environment; and
  • Other unwelcome, unwanted or hostile conduct of a stereotypical or discriminatory nature, such as name calling and racial, religious, or ethnic innuendos.

Anti-Harassment Policies and Freedom of Speech:

The University’s policies and procedures relating to anti-harassment are not intended to inhibit or restrict free speech or the expression of ideas. (See Volume IV, Academic Freedom and Volume VI, Freedom of Inquiry and Expression.)

Prohibition of Retaliation:

The University will not engage in nor tolerate retaliation against an individual who makes a report of discrimination, harassment, and/or retaliation or provides information concerning an act of discrimination, harassment, and/or retaliation. Retaliation is a serious violation of this policy. Any acts of retaliation or threatened retaliation should be reported immediately to the Department of Campus Safety and Protection, the Dean of Students, or the Director of Human Resources. Any person found to have retaliated against another individual in violation of this policy will be subject to appropriate sanctions. Individuals, who believe they have been subject to any acts of retaliation or threatened with retaliation, should promptly report the same pursuant to the complaint procedure outlined in this policy.

Options for Addressing Discrimination/Harassment/Retaliation:

The University encourages individuals to report all incidents of harassment, discrimination and/or retaliation. If you feel that you have been harassed, discriminated against, subjected to retaliation, or otherwise experienced inappropriate treatment in violation of this policy, you have a variety of options. Please review options 1 through 5 below and use and consider the option(s) to which you feel most comfortable.

1. Tell the person who is harassing you or treating you unfairly to stop. The University encourages individuals who feel they have been subjected to treatment in violation of this policy to notify the offender firmly and promptly that the offender’s behavior is unwelcome. However, the University recognizes that in some instances such action may not be appropriate and you are not required to do so.

In the event that such informal, direct communication between individuals is either ineffective or too difficult you are encouraged to file a formal complaint as explained below. Further, you are not required to use these informal communications if your allegation involves sexual violence (See Title IX Policy set forth in Volume II of the Immaculata University Policy Manuals).

2. Seek a confidential consultation. Again, this option is available to you, but is not required. Students may also request counseling from counseling services to assist with informal resolution of concerns. Employees may seek support from the Employee Assistance Program (EAP).

3. Tell someone. If you believe that you may have been, or anyone else may have been, unlawfully discriminated against, harassed by, or retaliated against by any executive officer or other officer, administrator, manager, supervisor, co‑worker, faculty member, agent, student, or other non-employee with regard to any term or condition of employment in violation of this Non-Discrimination, Anti-Harassment, and Anti-Retaliation Policy you should report your concerns to Mr. Dennis Dougherty, Director of Campus Safety and Protection, or Dr. John D. Stafford, Vice President for Student Development and Engagement. ( With regard to unlawful retaliation, you also should report any alleged retaliation unrelated to work but which you believe is as a result of your having made a complaint, of unlawful discrimination, harassment, or retaliation, served as a witness or otherwise participated in the investigatory process.)  Please speak with whichever person you feel the most comfortable, whatever your reasons.

Similarly, if you have any question as to whether certain conduct is unlawful discrimination, retaliation, or harassment, you are encouraged to speak with any of the individuals identified above. Additionally, the following individuals are knowledgeable about the policy and will assist individuals in the resolution of the incident: S. Ann Heath, IHM, Vice President for Academic Affairs, Dr. John Stafford, Vice President for Student Development & Engagement, Mr. Kevin Quinn, Vice President for University Advancement, or Ms. Jennifer Sauer, Vice President for Finance and Administration. Please speak with whomever you feel the most comfortable.

4. Informal Resolution. Disagreements and conflicts often vary in the level of seriousness. In some instances, an individual may feel that the conflict may be resolved informally by direct communication by the individuals involved or with the assistance of a facilitator. If you are interested in informal resolution, students should contact the Dean of Students and employees and faculty should contact the Director of Human Resources who can assist in identifying appropriate facilitators. These facilitators will assess the conflict, engage in fact gathering and seek to resolve the matter. Situations that are resolved through informal resolution will be subject to follow-up after a period of time to assure that resolution has been implemented effectively. Individuals who engage in discrimination, harassment, or retaliation are subject to disciplinary action as defined in Volume VI for students, Volume IV for faculty, and Volume III for all employees.

While the University encourages early resolution of a conflict, the University does not require that parties participate in the informal resolution process. Moreover, the parties have the right to end the informal resolution process at any time and begin the formal investigation stage of the complaint process. Finally, some reports of discrimination, harassment, ethnic intimidation, racial incidents, or hate crimes and incidents are never appropriate for informal resolution and will require a formal investigation. These include, but are not limited to, complaints involving sexual violence and other physical assault.

5. File a Written, Internal Complaint. If the matter cannot be resolved through one of the above approaches, or an individual chooses not to pursue one of the above methods, students, faculty, or employees may file a written complaint. A student should report matters of alleged discrimination, harassment, or retaliation directly to the Department of Campus Safety and Protection or the Dean of Students. Employees and faculty should report matters of alleged discrimination, harassment, or retaliation directly to the Director of Human Resources.

The Director of Campus Safety and Protection, the Dean of Students, the Director of Human Resources and/or designees will investigate all allegations of discrimination,  harassment, or retaliation in as thorough, prompt, and confidential a manner as is reasonably possible. Individuals who engage in discrimination, harassment, or retaliation are subject to disciplinary action as defined in Volume VI for students, Volume IV for faculty, and Volume III for all employees.

Interim Protections

The University may at any point in the complaint process elect to place the respondent on leave, reassignment, or authorize other types of temporary measures to ensure the safety and well-being of the complainant and the campus community while the complaint process is pending, including but not limited to “no contact” provisions.

Resolving the Complaint:

Upon completing the investigation of a discrimination, harassment, or retaliation complaint, the University will communicate its conclusion, subject to any limitations set forth in applicable privacy law (e.g., FERPA). Both parties will be afforded an opportunity to file an appeal of the resolution in accordance with established University grievance policy. If the University determines after an investigation that there is no substantial basis to conclude that there has been discrimination, harassment, or retaliation in violation of this policy, the University will inform the complainant and the respondent that a thorough investigation has been conducted and the University determined that there is no substantial basis to determine that there has been discrimination, harassment or retaliation.

If the University determines after an investigation that there is a substantial basis to conclude that there has been discrimination, harassment, or retaliation in violation of this policy, appropriate disciplinary action will be taken.  Any executive officer or other officer, manager, supervisor, employee, agent, student, or other nonemployee who, after appropriate investigation, has been found to have engaged in unlawful discrimination, harassment, or retaliation and/or inappropriate behavior inconsistent with this policy (even if not unlawful) will be subject to appropriate disciplinary and/or corrective action, as defined in Volume VI for students, Volume IV for faculty, and Volume III for all employees.

Hate Crimes/Ethnic Intimidation

The Commonwealth of Pennsylvania or federal laws consider certain crimes to be more serious when motivated by hatred or malice toward race, color, ethnicity, religion, or national origin of another group. These underlying offenses include but are not limited to crimes against persons such as terroristic threats, assaults, and damage to or vandalism of property.

Moreover, Immaculata will not tolerate incidents of hate crimes, ethnic intimidation, or other forms of harassment against individuals based upon their protected classification.  Such activities may also constitute a violation of the University’s Non-Discrimination and Anti-Harassment and Anti-Retaliation Policy.  If the University determines after an investigation that there is a substantial basis to conclude that there has been hate crimes or ethnic intimidation as outlined in this policy, appropriate disciplinary action will be taken.  Any executive officer or other officer, administrator, manager, supervisor, employee, agent, student, or other nonemployee who, after appropriate investigation, has been found to have engaged in unlawful discrimination, harassment, or retaliation and/or inappropriate behavior inconsistent with this policy (even if not unlawful) will be subject to appropriate disciplinary and/or corrective action, as defined in Volume VI for students, Volume IV for faculty, and Volume III for all employees.

Individuals subjected to these types of activities and/or crimes should make an immediate report to the Department of Campus Safety and Protection, the Dean of Students, or the Director of Human Resources.  Immaculata will cooperate with any agency in the investigation of such reported crimes and activities

The University's ability to discipline a non-employee harasser is limited by the degree of control, if any, that the University has over the alleged harasser. Any employee or student who has been subjected to employment or academic related discriminatory harassment by a non-employee should file a complaint as outlined in this policy. 

 

1145 King Road, Immaculata, PA. 19345
p. 610-647-4400 or call toll-free: 1-877-42 TODAY
Federal Compliance Links | Clery | Employment
Copyright ©2015 All Rights Reserved

1145 King Road, Immaculata, PA. 19345 p. 610-647-4400 or call toll-free: 1-877-42 TODAY
Federal Compliance Links | Clery | Employment
Immaculata University | Copyright ©2015 All Rights Reserved