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 education-related College programs and that does not involve harassment on the basis of sex, sexual orientation, gender identity, sex characteristics, pregnancy, or sexual harassment. The College maintains a separate policy that prohibits unlawful harassment of staff, administrators and faculty, and a separate policy that prohibits unlawful harassment on the basis of sex, sexual orientation, gender identity, sex characteristics or pregnancy, and sexual harassment (please see below for information about the College’s Sexual Misconduct/Harassment, Domestic Violence, Dating Violence and Stalking 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.
Definition
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 race, 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, all as protected and defined by applicable law, or on the basis of any other status protected by law, this 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., materially adverse treatment) 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 or other written demeaning email and other electronic messages, disparaging references to members of a protected group, threats or acts of physical harm, and intimidation.
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. It 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 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 victims of 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 to a Conflict Mediator or a confidential resource on campus, i.e., Priest in Edmundite Campus Ministry, Bergeron Counselor or a nurse in our Bergeron Health Services. Any one of these individuals will objectively provide the complainant with complete information regarding the various options available for addressing and resolving a discrimination or harassment issue. Additionally, any of these individuals may also assist the complainant in filing a formal complaint. A list of Conflict Mediators is available in the Student Life Office.
College officials who learn of or observe statements or behavior that they believe is in violation of this policy must report their concerns to an appropriate office, individual listed or Conflict Mediator. 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, an individual or Conflict Mediators 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.
Formal harassment complaints against students will be handled under the College’s judicial system and disciplinary procedures. Formal harassment complaints against faculty and staff will follow procedures administered by the Office of the Vice-President of Academic Affairs and/or the Office of Human Resources, as appropriate. Complaints that involve discrimination or harassment on the basis of sex, sexual orientation, gender identity, sex characteristics, pregnancy or sexual harassment, involving both students and employees, will be addressed through the provisions and procedures outlined in the College’s Sexual Harassment/Misconduct, Domestic Violence, Dating Violence and Misconduct, and Stalking Policy.
The College will take steps to prevent recurrence of any unlawful discrimination and 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.
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 he or she has 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.