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Harassment and Discrimination Policy

Philosophy and Scope

Saint Michael’s College seeks to maintain an educational environment where every member of our community is free from unlawful harassment as defined below which adversely affects their learning, working or living environment. Similarly, each member of the Saint Michael’s community shares in the responsibility to respect each person in our community. This policy prohibits unlawful harassment and discrimination against students and third parties who are involved in College programs and activities and that does not involve alleged misconduct that falls within the scope of the College’s Sexual Misconduct/Harassment, Domestic Violence, Dating Violence and Stalking Policy (“SMHDVS Policy”) (please see below for information about the SMHDVS Policy). This policy applies to statements and/or conduct of all administrators, faculty, staff, students, members of the Board of Trustees, agents of the College, and volunteers involved in college-related activities. This policy also applies to those who do business with the College in their interactions with members of the College community, and to other visitors (please see below for information about the different investigation and adjudication processes applying to students and employees).

Definitions

Protected Characteristics as used in this policy include an individual’s actual or perceived race, sex, pregnancy, sexual orientation, gender identity, creed, color, national origin, place of birth, ancestry, religion, age, marital or civil union status, veteran or military service status, HIV-positive status or qualified disability, and any other status protected by applicable law, all as defined by applicable law.

Discrimination in violation of this policy means treating an individual differently and negatively by taking an injurious action because of an actual or perceived protected characteristic or characteristics. An injurious action is any 1) act or omission that results in a negative effect (that is, some harm) on the terms, conditions, and/or privileges of employment or enrollment; or 2) conduct that interferes with a student's ability to participate in or benefit from the University’s educational programs or activities. Injurious actions could include, but are not limited to: denial or limitation of access to programs or services; the provision of lesser services; differential application of policies; loss of money; hiring, firing, promotion, or demotion; reduction in pay or benefits; and/or reassignment, transfer, or a change in duties.

Harassment in violation of this policy constitutes a form of discrimination and is defined as verbal or physical conduct or communications directed at, or made because of, an individual’s actual or perceived protected characteristic or characteristics, that has the purpose or effect of substantially interfering with a covered individual’s participation in College-related activities, or creating what a reasonable person would perceive to be an intimidating, hostile or offensive environment. The College will not tolerate unlawful harassment, and it will not engage in or tolerate unlawful discrimination (i.e., injurious actions as defined above) against covered individuals. Harassment includes such conduct specifically directed at covered individuals based on stereotyped notions or beliefs, because of a person’s identification with a particular group, or because of an individual’s family member’s protected characteristics or membership in a protected group. Harassment may also include but is not limited to – slurs or taunts in the guise of a joke, offensive graffiti, electronic communications, or social media posts, disparaging references to members of a protected group, threats or acts of physical harm, and intimidation, that meet the thresholds specified above.

Saint Michael’s College recognizes that the protection of free and open speech and the open exchange of ideas are essential to any academic or artistic community. The protection of free and open speech is, therefore, an important element in the “reasonable person standard” to be used in judging whether harassment has occurred. This harassment policy statement is meant neither to proscribe nor to inhibit discussion, in or out of the classroom, of complex, controversial or sensitive matters, when in the judgment of a reasonable person, these discussions arise appropriately and with respect for the dignity of others.

Reporting and Resolution Procedures

In general, covered individuals who believe they may have been subjected to harassment or discrimination as defined above, or members of the College community who have observed statements or behavior that they believe are in violation of this policy, are encouraged to report their concerns through or to:

  • The College’s online reporting form

  • Dr. Catherine Welch, Dean of Student Development/Title IX & Civil Rights Coordinator, (802) 654-2271, cwelch2@smcvt.edu 

  • Andrea Stanley, Associate Director of Human Resources, (802) 654-2077, astanley3@smcvt.edu

College staff members who have significant responsibility for student and campus activities who learn of or observe statements or behavior that they believe is in violation of this policy must report their concerns through the online form or to an individual listed above. If a concern involves a statement or behavior by an individual designated to receive complaints, a report regarding that concern should be directed to another designated recipient. If a concern involves a statement or behavior by a member of the Board of Trustees, the report should be made to one of the offices listed above, to the Office of the President, or to the Chair of the Board of Trustees via the secretary to the Board of Trustees and the President of the College.

If a covered individual wishes to speak confidentially about a discrimination or harassment concern, they may contact a confidential resource on campus, i.e., Priest in Edmundite Campus Ministry (students or employees), or a counselor or nurse at the Bergeron Wellness Center (students). Any of these individuals will objectively provide the individual with information regarding the various options available for addressing and resolving a discrimination or harassment issue. Additionally, any of these individuals may also assist the individual in filing a formal complaint. If the individual does not choose to file a formal complaint, such confidential consultations will not result in an investigation or disciplinary process, unless required by law.

Formal harassment or discrimination complaints against students, or complaints by students that they were inappropriately denied disability-related accommodations, will be handled by Student Life under the following procedures:

  • While the College will address complaints when they are raised, to best facilitate timely resolution of discrimination, harassment and denial of disability-related accommodation complaints, such complaints should be submitted to the Title IX and Civil Rights Coordinator or designee within 30 days of the date upon which the person filing the complaint becomes aware of the alleged discriminatory action.

  • If the complaint in question involves the Title IX and Civil Rights Coordinator, the complaint may be submitted to Andrea Stanley, Associate Director of Human Resources, or designee, who will work with the Vice President for Student Life or designee to identify an appropriate person to review the complaint.

  • Complaints must be submitted in writing (either before or after the individual meets with the Title IX and Civil Rights Coordinator or designee), should generally contain the name and address of the person submitting it, describe the problem or action alleged to be discriminatory and the remedy or relief sought. The Title IX and Civil Rights Coordinator or designee will acknowledge written complaints within 48 business hours, absent extenuating circumstances.

  • The Title IX and Civil Rights Coordinator or designee will conduct an investigation personally, or will oversee an investigation by an internal or external investigator designated by the Title IX and Civil Rights Coordinator. Investigations will be thorough, adequate, reliable and impartial. All parties will be provided with an opportunity to be interviewed by the individual conducting the investigation, to identify witnesses and/or suggest that certain individuals be interviewed, and to submit relevant evidence. The Title IX and Civil Rights Coordinator will maintain the files and records of the College relating to complaints.

  • The investigation will ordinarily be completed within 21 business days, unless extenuating circumstances (e.g., party and witness availability, College breaks) require a longer investigation period. Parties will be informed of any delay and the reasons for the delay.

  • The Title IX and Civil Rights Coordinator or designee will consider the results of the investigation and will typically issue a written decision regarding the complaint no later than 28 business days after its filing; if, however, extenuating circumstances (e.g., witness availability, College breaks) make it difficult to render a decision in this time period, the Title IX and Civil Rights Coordinator or designee will, at a minimum, provide a written update within the first 28 business days and detail any additional steps that will be taken to reach a resolution within a timeframe that is reasonable under the circumstances. Written updates will be provided to the person who filed the complaint and any person(s) accused of participating in or enabling discrimination or harassment or inappropriately denying disability-related accommodations. Parties will receive notice of the outcome of a complaint and the basis for the decision.

  • If the written decision contains a finding that discrimination or harassment occurred or that disability-related accommodations were inappropriately denied, the College will take steps to stop the discrimination or harassment, prevent recurrence, and/or remedy discriminatory effects on the complainant and others, as necessary and appropriate, and/or arrange for the provision of appropriate disability-related accommodations.

  • The person filing the complaint or the accused person(s) may appeal the decision of the Title IX and Civil Rights Coordinator or designee by writing to the Vice President for Student Affairs/Dean of Students or their designee (“Appellate Officer”), at the following email address: dellinwood@smcvt.edu, within 15 calendar days of receiving the Title IX and Civil Rights Coordinator’s or designee’s decision. The Appellate Officer will issue a written decision in response to the appeal no later than 30 business days after its filing. Appeals can be filed based on new evidence or information not available at the original review, or errors of fact.

  • The availability and use of this complaint procedure does not prevent a person from filing a complaint of discrimination with the U.S. Department of Education, Office for Civil Rights.

  • The College will make appropriate arrangements to ensure that individuals with disabilities are provided with accommodations, if needed, to participate in the complaint process. Such arrangements may include, but are not limited to, providing interpreters for the deaf, providing taped recordings of material for the blind, or assuring a barrier-free location for any related meetings. The College’s Section 504 Coordinator will be responsible for making such arrangements.

Formal harassment or discrimination complaints against faculty and staff will follow procedures administered by the Office of the Provost and/or the Office of Human Resources, as appropriate. Complaints that involve alleged misconduct that would fall within the scope of the College’s SMHDVS Policy will be addressed through the provisions and procedures outlined in the College’s SMHDVS Policy.

The College will take steps to prevent recurrence of any unlawful discrimination or harassment and to correct its discriminatory effects on the complainant and others, if appropriate. Individuals who are found to have engaged in discrimination or harassment will be subjected to disciplinary action, including but not limited to suspension, expulsion or termination of employment, as applicable.

Prohibition on Retaliation

The College strictly prohibits retaliation (directly by the person responding to the complaint, indirectly by the person’s associates, or by others) against individuals who make complaints or raise concerns about issues covered by this policy, and/or who serve as witnesses or otherwise cooperate with investigations, regardless of whether the College ultimately determines that the alleged conduct constituted unlawful discrimination or harassment. Any complainant or witness who believes they have been subjected to retaliatory behavior should report the conduct to the Office of Student Life or the Office of Public Safety. The College will determine whether an investigation is  appropriate, and if it is, it will initiate an investigation and make findings as it would in a case involving harassment or discrimination. Persons found to have engaged in retaliatory conduct are subject to disciplinary action including, but not limited to, dismissal or termination.