I. PURPOSE
As a Catholic/Franciscan institution of higher education, Felician University supports and promotes values that affirm the dignity and rights of all people. In keeping with these fundamental principles, we value racial and ethnic diversity and welcome persons of all groups, cultures, and religious traditions to Felician University.
Every person associated with Felician University contributes a unique richness of tradition that enhances the community. We welcome the enriching experience of the growing diversity on campus, for diversity presents experiences, challenges, and opportunities to the entire community. In order to achieve the goals of our University community, it is essential that we ensure a safe, healthy, work and learning environment for all.
We unconditionally reject all forms of discrimination. We acknowledge our obligation to safeguard and enhance the dignity of every member of our University community. We seek to foster an understanding of cultural differences and encourage and support the ethical and moral values that are the basis of a humane social order.
To fulfill these aspirations, we commit ourselves to create and to maintain an environment free of discrimination, intimidation, humiliation, and harassment of any kind. We urge all members of the Felician University community to adhere to the following values:
• Respect for human dignity;
• Compassion for others;
• Recognition of and appreciation for the characteristics that make individuals unique;
• Service to others;
• Reverence for the people and world in which we live;
• Solidarity;
• Promotion of the common good by forging right relationships;
• Pursuit of peace.
A commitment to the principles of free speech and academic freedom is of vital importance to the Felician University community. This commitment is at the heart of the educational mission and informs our work in teaching, learning, and research, as well as in educational activities beyond the classroom. We are dedicated to allowing vigorous and open academic discourse and intellectual inquiry, including speech that espouses controversial ideas.
Because our University respects individual freedom and dignity, free speech is necessary to arrive at truth and to promote clearer reasoning through the debate of opposing views. Free speech must be maintained to reinforce our society’s commitment to the equality and dignity of all persons. Without compromising our stated Catholic/Franciscan mission, a commitment to support free speech may in some instances lead to permitting speech that some may find repugnant or offensive. One purpose of this policy, then, is to distinguish between permitted speech which may be objectionable, and speech and/or other communications which are intended to create a threatening, harmful, or hostile environment.
This policy is based on the expectation that all members of the Felician University community will actively work to bring these values to full, living, and genuine realization. Discrimination of any genre is a violation of University policy and may be the basis for disciplinary action. No member of our University community may engage in racial, ethnic or any other form of discrimination.
II. APPLICABILITY
This Anti-Discrimination Policy applies to all University students, faculty, administrators, staff members and employees, as well as vendors and guests on or off campus. This includes those members of the University community who are involved in the University’s off-campus programs, such as internships, clinical practice, student teaching, etc. This policy does not replace or supersede an individual’s rights and remedies under the law.
III. DEFINITIONS
Felician University adheres to all federal and state civil rights laws banning discrimination.
The University prohibits discrimination against any employee, student, visitor, guest, or applicant for admission on the basis of any protected class. Protected classes include: race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, veteran or military status, or disability, or any other protected category under applicable federal, state, or local law, including protections for those opposing discrimination or participating in any complaint process on campus or with other human rights agencies. This Policy covers discrimination in employment and in access to educational opportunities.
Discrimination
Discrimination is defined as adverse treatment of an individual based on that individual’s actual or perceived membership in one or more of the protected groups listed above. Therefore, any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational, employment, and/or social access, benefits, and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in one or more protected classes listed above is in violation of the University policy on discrimination.
This policy protects community members from discrimination and/or harassment by others at the University and applies to both physical and verbal conduct that is discriminatory in nature. This includes electronic communications sent or received while on either campus; or that occurs at any location that is reasonably regarded as an extension of Felician University. This policy extends to employment and to those applying for admission at the University.
Harassment
Felician University prohibits harassment against any employee, student, applicant, visitor, or guest on the basis of any class protected by University policy or law as identified above. This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters.
Discrimination is further defined as conduct that:
1. Is directed at an identifiable person or persons, and insults or demeans the person or persons to whom the conduct is directed, or abuses a power or authority relationship with that person on the basis of membership in any of the aforementioned protected categories by the use of slurs, epithets, hate words, demeaning jokes, derogatory stereotypes, and similar action; and/or
2. Is intended to inflict direct injury on that person or persons to whom the conduct is directed; and/or
3. Is sufficiently abusive or demeaning, which a reasonable person would find so severe or pervasive as to create a hostile environment; and/or
4. Occurs in any context or location such that an intent to inflict direct injury may reasonably be inferred; and/or
5. Is intended to affect negatively the work or educational environment in a way that makes the treatment of the affected party unequal with respect to his or her proper functioning, opportunities for promotion and development because of his or her membership in any of the aforementioned protected categories;
6. Is intended to damage or destroy or damages or destroys private property of any member of the University community or guest because of that person’s membership in any of the aforementioned protected categories with the purpose of making the educational, work or living environment hostile for the person whose property was damaged or destroyed.
The following examples illustrate but do not exhaust the types of conduct referred to:
1. A person would be in violation if causing bodily harm to an individual because of that person’s membership in one or more of the noted protected categories.
2. A person would be in violation by making a demeaning remark based on a person’s membership in one or more of the noted protected categories, or by using slurs or “jokes”, and those remarks created a hostile work, educational or living environment for a person or persons hearing the remark, or for a person to whom the demeaning remark may have been specifically addressed.
3. A person would be in violation if intentionally placing visual or written material demeaning an individual based on that person’s membership in one or more of the noted protected categories in that person’s work, study or living area; and such material made the work, educational, or living environment hostile for the person in whose work or study area the material was placed.
4. A person would be in violation when that person’s conduct resulted in making hostile the work, educational or living environment for a person subject to such conduct.
5. A person would be in violation if intentionally not hiring a person on the basis of membership in one or more of the noted protected categories
IV. PROCESS FOR INVESTIGATING AND RESOLVING AN ALLEGED INCIDENT OF DISCRIMINATION
Any individual who believes that he/she has been subjected to sexual or other unlawful discrimination or becomes aware of an incident of any form of discrimination should report the incident to the Title IX Coordinator immediately. Investigation of alleged incidents is carried out in accordance with the Guidelines for Complaints of Discrimination, Harassment and Retaliation. The goal of the investigation process is to assist in achieving resolution in a timely and appropriate manner.
V. SANCTIONS
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.
VI. RETALIATION
The University will not retaliate against anyone for reporting unlawful discrimination or harassment, or for participating in an investigation of alleged harassment or discrimination, nor will it tolerate retaliation by supervisors, managers, co-workers, or anyone else. Retaliation will subject an individual to disciplinary action.