Please note that the information as stated below is just an outline of the guidelines for Complaints Alleging Sexual Misconduct, Discrimination, Harassment and Retaliation. For a more in depth explanation, please find the full policy here.
The purpose of these guidelines is to define the procedures to be utilized for reporting, investigating, and resolving complaints alleging discrimination, sexual misconduct, harassment, and retaliation. These guidelines apply to complaints originated by students, faculty, administrators, staff, and all other employees of Felician University, as well as guests and vendors. The guidelines are also applicable to complaints by, or about, conduct of the members of the University community during University sponsored activities, including but not limited to, internships and professional placements such as student teaching and clinical practice.
I. Initiating a Complaint of Sexual Misconduct, Discrimination or Harassment
Complaints can be filed by directly contacting Onya Brown, the Title IX Coordinator at TitleIX@felician.edu or browno@felician.edu. Complaints can also be filed by completing an online report here. Please note that online forms can be submitted to the Title IX Coordinator anonymously. Complaints can also be filed by submitting a completed Discrimination, Harassment and Retaliation Complaint Form to the Title IX Coordinator. Filing a complaint with the Title IX Coordinator does not preclude the individual from filing a complaint with an external agency nor does it extend time limits with those agencies.
II. Responsibilities for Resolving Complaints
A. Duty to Act
1. Any supervisor, including faculty supervisors; chair/director; or faculty member who becomes aware of information that would lead a reasonable person to believe that Sexual Misconduct, Discrimination, Harassment, and/or Retaliation has occurred, must notify the Title IX Coordinator, via the avenues listed above.
2. Corrective action may be imposed on any individual who has a duty to act in any situation of potential discrimination, harassment, or retaliation and fails to respond in a manner consistent with the provisions of the applicable policies, procedures, and these guidelines.
B. Supervisors, Managers, Department Chairs/Directors Responsibilities
1. Contact the Title IX Coordinator immediately.
2. Address all concerns promptly and thoroughly.
3. Respect the confidentiality and reputation of all parties.
4. Refer individuals to University counseling if assistance is needed.
C. Title IX Office
1. Conduct all investigations following these guidelines.
2. Maintain data established by policy regarding complaints of discrimination, harassment, and/or retaliation.
3. Collaborate with departments to reduce and/or eliminate instances of discrimination, harassment, and retaliation.
4. Communicate investigation findings to the appropriate unit or higher-level administrator, Complainant, and Respondent.
5. Issue appropriate actions steps and/or corrective measures.
6. Monitor action steps and/or corrective measures to ensure behavioral change and compliance.
III. Investigating Complaints of Sexual Misconduct, Discrimination or Harassment
Any supervisor, chair/director, faculty, or staff member who becomes aware of an allegation will notify the Title IX office about an allegation via the avenues as described above.
IV. Investigator Duties
1. Investigations will be conducted by the Title IX office. Individuals will be informed of the investigation and its progress on a timely basis.
2. The investigator will review the procedures for filing a formal complaint with the Complainant if this has not yet been initiated.
3. The investigator will discuss the following with the Complainant and Respondent (separately):
a. The option of having a support person with the Complainant and Respondent during the investigatory process.
b. The behaviors and any related issues that gave rise to the complaint.
c. The policy under which the complaint is brought and these investigation guidelines. Copies of both will be provided.
d. The University has a compelling obligation to address complaints and suspected instances of discrimination and harassment. The University is not precluded from taking any action it deems appropriate, including informing the Respondent of the allegations and pursuing an investigation even in cases when the Complainant is reluctant to proceed. The Complainant will be notified in advance when such action is necessary.
e. The manner and frequency with which the Complainant and Respondent will be updated about the status of the investigation.
f. The importance of confidentiality during the investigation. To the extent possible, the University will make every reasonable effort to conduct all proceedings in a manner that will protect the confidentiality of all parties. Parties to the complaint should treat the matter under investigation with discretion and respect for the reputation of all parties involved.
g. University policy and state and federal law prohibit retaliation against an individual, for reporting discrimination and/or harassment or for participating in an investigation. The University will not tolerate retaliation of any form against any faculty, staff, student, or volunteer who files a complaint, serves as a witness, assists a complainant, or participates in an investigation of discrimination and/or harassment. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the discrimination and/or harassment complaint. Allegations of retaliation should be directed to the Title IX office.
4. Title IX Coordinator will ensure the Discrimination, Harassment and Retaliation Complaint Form is completed.
5. The appropriate supervisor, in collaboration with the Title IX Coordinator, will determine if special provisions are necessary to ensure that no discrimination, harassment, and/or retaliation occurs against the Complainant and witnesses while the investigation is pending.
V. Investigation Process
1. Purpose of the investigation. The purpose of the investigation is to evaluate the allegations of discrimination, harassment, and/or retaliation, formulate a response that addresses the facts as they are determined, and follow up to ensure that the necessary action steps are completed.
2. Method of investigation. Depending on the facts of the case, an investigation may range along a continuum from a one-on-one conversation with the Complainant and Respondent; to an inquiry with several witness interviews. During the investigation, the Title IX office may interview the parties and witnesses who have first-hand knowledge of the events and gather relevant documents. After analyzing all the information, the Title IX office will prepare an investigatory report with findings and detailed recommendations to be implemented by the department and the parties. The parties will not receive a copy of the report itself but will instead receive a summary of the findings. The decision issued by the Title IX office is final; however, each party can appeal the decision within five (5) business days. In every case, a record must be made of the allegations, investigation, and actions taken.
3. Presence of support persons. An individual of the Complainant’s and Respondent’s choice may accompany them throughout the investigatory process, as appropriate. The role of the support person would be to be present as a support to the Complainant or Respondent. The support person is not provided documentation on the investigation or allowed to interject during the investigation interview. The support person must not be a witness to the investigation.
4. Time period for resolution of an allegation. Investigations should be concluded within a reasonable timeframe from the date the complaint was filed. If this is not reasonably possible due to extenuating circumstances, the Title IX Coordinator will inform the Complainant and Respondent of the status of the review and an estimated conclusion date.
5. Possible outcomes. An investigation may result in one of the following findings:
a. A determination that there is a preponderance of evidence to indicate a violation of University policy.
b. A determination that there is not a preponderance of evidence and/or no evidence to indicate a violation of University policy.
c. A determination that inappropriate behavior has occurred, although it may not rise to a University policy violation.
d. A determination that there is a preponderance of evidence to indicate that an allegation is false and malicious.
6. If discrimination, harassment, false and malicious allegation, inappropriate behavior, or other policy violation has occurred, the University will take necessary action steps to correct the behavior.
A false and malicious allegation charge occurs when someone intentionally reports information or incidents that they know to be untrue. The department must take prompt remedial action consistent with the severity of the offense, if any, and all applicable University rules and regulations. The necessary action steps for the department to take will be provided by the Title IX office, to the appropriate administrator who is responsible for implementation.
7. Concluding the investigation. At the conclusion of the investigation, the Title IX office will inform the appropriate unit or higher-level administrator, Complainant, and Respondent of the outcome.
8. Confidential written report of outcomes. Title IX will prepare a written summary of the outcome of the investigation and provide it to the Complainant and Respondent. The parties will not receive a copy of the report itself.
VI. Corrective Action Implementation
When discrimination, harassment, and/or retaliation is found, steps will be taken to ensure that the behavior is stopped promptly. Appropriate corrective action may range from counseling, written reprimands, suspensions, or other action up to and including dismissal, in accordance with established University rules and procedures. The Title IX office will monitor corrective action to ensure compliance.
VII. Confidentiality
To the extent possible, all information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except to the extent it is necessary to disclose particulars during the investigation or when compelled to do so by law. All individuals involved in the process should observe the same standard of discretion and respect for the reputation of everyone involved in the process.
VIII. Academic Freedom
When the alleged discrimination, harassment, and/or retaliation takes place in an instructional setting and the Respondent believes the allegation of discrimination, harassment, and/or retaliation infringes upon academic freedom, a designee from the Council on Academic Freedom and Responsibility (CAFR) will be consulted. This designee will have access to all pertinent information regarding the investigation to assure due regard for academic freedom. The designee will address concerns about the investigation process with the investigator as necessary.
IX. Record Keeping
The Title IX office will maintain a written record of all witness interviews, evidence gathered, the outcome of the investigation, and any other appropriate documents. Investigation records will not be maintained in personnel files or student files unless they are part of a formal corrective action. Investigation records will be retained for seven (7) years, as per Federal law. When a complaint is filed outside the University, information gathered during the internal investigation may be disclosed to the investigating agency.
