Bias Response Policy

As part of the College’s ongoing efforts to promote an enhanced understanding of, and respect for, diversity in its many forms, the College has established this Bias Response Protocol as a framework to respond effectively to incidents of bias or perceived bias. This protocol is one of several initiatives that support and further the goal of promoting a campus climate in which all members thrive personally, professionally, and academically.

The Bias Response Protocol is a centralized system for reporting bias, an umbrella term that includes, but is not limited to, incidents of harassment, discrimination, identity-based harm, hate crimes, and microaggressions, at Saint Michael’s College. This program does not replace or alter existing protocols and processes to resolve alleged violations of SMC policies regarding harassment, sexual misconduct, and discrimination, or violations of criminal law. Rather, the purpose of the Protocol is explicitly educational – to raise awareness and deepen conversations about complex, and often deeply sensitive issues. To this end, the Protocol serves as a mechanism to address incidents of bias affecting SMC community members by providing immediate, meaningful, and effective support to all parties that have been directly or indirectly impacted.

How the Bias Response Protocol Works

Anyone who experiences or witnesses what they perceive to be a bias incident may report via the online form or to any member of the Bias Response Team (BRT). Once submitted, the report will promptly be submitted to the BRT facilitator. In the event that a staff or faculty member is involved in a perceived bias incident, the Director of Human Resources (for staff-related issues) and/or the Dean of Faculty (for faculty related issues) must be involved immediately.

The facilitator, in consultation with the Vice President of Student Affairs (VPSA), will assess reports in consultation with the appropriate colleagues (for example, Academic Affairs, Human Resources, Student Financial Services, Campus Ministry, etc.) and convene the BRT as necessary. When convened, the BRT will consider the nature and gravity of the reported incident and investigate or designate others to investigate the reported incident as appropriate.

An investigation will be conducted by the St. Michael’s investigator. Timeliness of the investigation depends on many factors that may hinder a speedy process.

The BRT will:

• Consider the results of any investigation, and the nature and gravity of a reported incident;

• Determine what, if any information should be communicated to the campus community;

• Arrange for the support of those affected negatively by an incident;

• Suggest ways to proactively address issues of difference, diversity, civility, and respect via education, and training; and take other actions and make other recommendations as deemed appropriate.

Disciplinary action against any individual or group, if warranted, will be governed by Student Life, Human Resources, or Academic Affairs (as appropriate given whether action is contemplated against students, staff or faculty) and established policies and procedures. The BRT will not, itself, take disciplinary action. State or local law enforcement agencies may also be involved as deemed appropriate.

Team members and other persons responsible for receiving and acting on bias incident reports will make reasonable efforts to protect the confidentiality and privacy of the reporter, the respondent, and the witnesses; disclosure of information will only be made to persons with a need for information regarding the report, its investigation and/or resolution, and/or as necessary to investigate or address the effects of the incident on the community.

Key Definitions

Key definitions Bias Response Policy terms are as follows:

• Bias: A bias is a tendency, inclination, or prejudice toward or against something or someone. Some biases are positive and helpful—like choosing to only eat foods that are considered healthy or staying away from someone who has knowingly caused harm. Biases are often based on stereotypes, rather than actual knowledge of an individual or circumstance. Whether positive or negative, such cognitive shortcuts can result in prejudgments that lead to rash decisions or discriminatory practices.

• Bias Incident: A bias incident is an act directed against a person, group, or property, expressing hostility or bias on the basis of perceived or actual race, color, national origin, ethnicity, sex, sexual orientation, gender identity, religion, disability, age, veteran status, or any other characteristic protected by applicable law or College policy. Bias incidents may consist of verbal, written, graphic, and/or physical conduct such as epithets, jokes, graffiti, negative stereotyping, and threatened or actual physical assault. A bias incident may rise to the level of a hate crime as defined by state and federal law.

• Discrimination: Adverse treatment based on an individual’s membership in a legally protected category that is sufficiently serious to unreasonably interfere with or limit an individual’s opportunity to participate in or benefit from a college program or activity, or that otherwise adversely affects a term or condition of the individual’s employment or education. Legally protected categories are listed in SMC's policies for students and employees.

• Harassment: A form of discrimination (defined above) that encompasses an incident or incidents of verbal, written, visual, or physical communications and/or conduct based on or motivated by an individual’s membership in a legally protected category that is sufficiently severe, pervasive, persistent or patently offensive that it has the effect of unreasonably interfering with that individual’s work or academic performance, or that creates a hostile working, educational or living environment. Harassment may include the use of epithets, stereotypes, slurs, comments, insults, derogatory remarks, gestures, threats, graffiti, display or circulation of written or visual material, taunts, and negative references related to any of these protected categories.

• Microaggression: a comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority).

• Hate Crime: Vermont has a hate crime law that imposes increased penalties for crimes committed because of hatred or animus toward certain protected characteristics. Specifically, this law applies to “[a] person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap…, sexual orientation or gender identity.”

  According to the Vermont Attorney General’s office, assaults, unlawful mischief (damage or destruction of property), telephone harassment and disorderly conduct (by public yelling of threats and abuse) are the most common hate crimes in Vermont.

Bias Response Team Members

The BRT is composed of representatives from academic and student affairs. In the event of a vacancy on the BRT, new membership will be determined by the president’s cabinet. Each faculty member will serve a two-year term on the team. The BRT will participate in relevant training on a regular basis. To report a bias incident, or if you have questions about a possible incident that you experienced or witnessed, or were informed about, please contact any of the BRT members listed below.

Notice

This policy does not alter, amend, or modify Saint Michael’s Student Life Policies, the College Handbook (including but not limited to Saint Michael’s Harassment/Discrimination Policy and Policy Against Sexual Harassment/Misconduct, Domestic Violence, Dating Violence and Stalking), and/or other applicable Saint Michael’s policies. At the College’s discretion and/or as required, an investigation and process may be conducted under one of those policies in addition to, or instead of, any inquiry or intervention under this BRT policy. If any conflict or apparent conflict exists, Saint Michael’s Student Life Policy, College Handbook, and/or other applicable Saint Michael’s policy will control.

Confidentiality

All reports will be handled in a sensitive manner. Information will be shared with others only to the extent necessary to assess and manage the situation in compliance with Saint Michael’s policies, or state and federal law.

In general, the law recognizes and protects the confidentiality of communications between a person seeking care and a medical or mental health professional and religious clergy. The medical, mental health and religious clergy at Saint Michael’s College and their off-campus counterparts, respect and protect confidential communications from students, faculty, and staff to the extent they are legally able to do so. These professionals may have to disclose information when they perceive a serious risk of danger or threat to any person or property. In addition, medical and mental health professionals may be required by law to report certain crimes (e.g., any allegation of sexual and/or physical abuse of a person under 18). These exceptions to maintaining confidentiality are governed by the law of the state in which the confidential resource is located.

An individual who exclusively reports allegations to a confidential resource must understand that Saint Michael’s College will be unable to evaluate the allegations and/or pursue disciplinary action against any individual who may have engaged in prohibited behavior.

The Bias Response Team (BRT) will handle information with sensitivity and discretion. The BRT may need to disclose allegations and/or other information (including the identity of parties and/or witnesses) to the extent necessary to allow Saint Michael’s College to proceed with an investigation and/or adjudication under applicable policies.

Disclosure Required by Law

Saint Michael’s College will not include the names of complainants or other identifying information in publicly available reports that are compiled as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Saint Michael’s College is part of a larger community, and a variety of additional factors and/or legal requirements may apply. As an example, if there is an investigation, lawsuit, or criminal proceeding related to a bias incident or hate crime, the parties, witnesses, and/or Saint Michael’s officials may be required by law to provide testimony or documents (e.g., investigation reports, witness statements, and any other information gathered or obtained in the course of a particular matter).

Disclosure to Law Enforcement

In certain circumstances, Saint Michael’s College authorities may report an incident to law enforcement authorities. Such circumstances include but are not limited to incidents that warrant the undertaking of safety and security measures for the protection of the individual and/or the campus community, or situations in which there is clear and imminent danger and/or when a weapon may be involved. Complainants may always choose to notify authorities directly with or without Saint Michael’s College assistance, or may choose not to notify such authorities.

Retaliation

Retaliating directly or indirectly against a person who has in good faith made a report under this policy or who has supported or participated in an investigation related to a bias incident is prohibited. Retaliation includes but is not limited to ostracizing the person, pressuring the person to drop the report or not participate in the investigation or to provide false or misleading information, or engaging in conduct that may reasonably be perceived to adversely affect that person’s educational, living, or work environment. Depending on the circumstances, retaliation may be unlawful, whether or not the report is ultimately found to have merit. An individual who engages in retaliation under this policy will be subject to discipline in accordance with the College’s Handbook, Student Life Policies/General Disciplinary Processes, Harassment and Discrimination policy, or other policies applicable to the program or individual(s) at issue. 

Reporting

In consultation with the Offices of the President and Marketing and Communications, the BRT will annually publish a report of the bias incidents reported in the prior academic year. This report will contain the following information:

• Category of the bias incident reported

• The number of incidents per category

• The number of incidents that the BRT substantiated as bias per category

This information will be recorded in the Annual Security Report (ASR) with an explanation of the BRT and the statistics.