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Policy Against Harassment

  1. Purpose and Scope
    1. Purpose. This policy establishes the College’s commitment to the health, safety, and well-being of all Kalamazoo College students and employees. The College has a legal obligation to ensure a working and learning environment free from sexual assault and harassment. The College will investigate complaints and take prompt and effective steps reasonably calculated to end the harassment.
    2. Scope. This policy applies to all students and employees of Kalamazoo College, as well as vendors and individuals or organizations operating events or programs on campus. The policy applies to Kalamazoo College’s campus, all properties owned or leased by the College, and all off-campus sites at which students, faculty, or staff participate in College-sponsored activities. Students must also comply with the Student Code of Conduct. This policy replaces all previous College policies regarding Harassment.
    3. Contacts for general information about this policy: Human Resources Office (269-337-7248); Dean of Students Office (269-337-7209); Title IX Coordinator (269-337-5750).
  2. Definitions
    1. Employee. An employee of Kalamazoo College includes but is not limited to persons employed full time, part time, regular, short term, and temporary.
    2. Student. The term “student” includes:
      • all persons taking courses at Kalamazoo College, either full-time or part-time;
      • persons who are not officially enrolled for a particular term but who have a continuing relationship with the College by participating in programs such as study abroad or domestic exchange programs, or who are on leave;
      • persons who have been notified of their acceptance for admission and have made a deposit to the College; and
      • persons who withdraw after allegedly violating this policy or the Student Code of Conduct, until the complaint against them is resolve. Each student is responsible for his or her conduct during the academic year and between terms of enrollment, even if conduct is not discovered until after a degree is awarded.
    3. Accused. The accused is the person accused of harassment, sexual harassment, or sexual misconduct.
    4. Complainant. The complainant is the person who reports the harassment, sexual harassment, or sexual misconduct. This policy assumes the complainant is the person who is the object of alleged harassment, sexual harassment, or sexual misconduct.
    5. Consent. Consent is the act of freely, actively, and willingly agreeing to engage in sexual behavior.  Silence or non-communication does not constitute consent, and a person in a state of diminished judgment cannot be considered to consent. Consent requires that a person be able to freely choose between two options: yes and no. A person is considered to be incapable of giving consent if she/he is asleep, unconscious, or otherwise unable to communicate. No one who has been threatened, coerced or drugged can be considered to consent. A person is usually considered to be unable to give consent when she/he is under the influence of alcohol and/or drugs, or is mentally handicapped. A current or prior sexual or dating relationship does not constitute consent.  A person can withdraw consent at any time during the course of a sexual encounter.  (MCL 750.520(b)-(e).)
    6. Harassment. Harassment means behavior consisting of physical, graphical, or verbal conduct that substantially interferes with an individual’s employment, education or access to College programs, activities or opportunities. Harassment may include, but is not limited to, verbal or physical attacks, graphic or written statements, threats, or slurs. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the circumstances, including the nature, frequency and duration of the conduct in question, the location and context in which it occurs and the status of the individuals involved. Additionally, federally prohibited discrimination includes harassment based on race, color, religion, gender, age, national origin, veterans’ status, genetic history, and disability. Michigan state law also prohibits discrimination and harassment based on height and weight. Examples of harassment include:
    • Verbal abuse, offensive innuendo or derogatory words concerning a person’s gender, age, race, color, ethnic or national origin, religion, disability or other protected status;
    • Display of pictures or objects designed to create a hostile learning or working environment based on a person’s protected status;
    • Pervasive and offensive but non-sexual comments regarding a particular gender;
    • Offensive jokes or pranks;
    • Threats, intimidation or hostile acts relating to a protected characteristic

g. Sexual Harassment. Sexual harassment is unwelcome sexual verbal, graphical, or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational program or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwanted, inappropriate, or without consent. Any type of sexual harassment is prohibited at the College.

The same general principles of unwelcomeness, severity or pervasiveness, reasonableness, and hostile working/learning environment that constitute sexual harassment also apply to harassment based on sex, sexual orientation, and gender identity (actual or presumed), and any characteristic protected by law. Harassment includes unwelcome verbal, physical, or other conduct that would cause a reasonable person to consider the conduct to create an intimidating, hostile, or offensive working environment based on sex, sexual orientation, or gender identity or incitement to commit such conduct, including, but not limited to, derogatory comments, slurs, epithets, graffiti or physical acts.

Sexual harassment committed by an employee or third party can lead to discipline or corrective action when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, promotion, grades, academic status, or participation in a program or activity;
  2. Submission to or rejection of such conduct is used as the basis for employment or academic or other decisions affecting an individual (including but not limited to hiring, promotion, or grading a course);
  3. Such conduct is sufficiently severe or pervasive so as to substantially interfere with the harassed individual’s employment, education, or access to College programs, activities and opportunities, or creates a hostile or offensive environment for that individual or others

Examples of sexual harassment include:

  • Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion or grades;
  • Direct, unwelcome propositions of a sexual nature;
  • A pattern of unwelcome, persistent and unnecessary sexually explicit statements, questions, jokes or anecdotes not related to employment duties, course content, research or other College programs or activities;
  • Recurring remarks or gestures of a sexual nature about a person’s clothing, body, sexual activity, sexual orientation or gender identity, or previous sexual experience;
  • Repeatedly using sexually degrading words, gestures or sounds to describe a person;
  • Repeated invitations of a sexual nature, including but not limited to phone calls, texts, or email messages, from someone though the recipient has clearly indicated that such communications are unwelcome;
  • Unwelcome touching, patting, hugging or brushing against a person’s body;
  • Physical or sexual misconduct.

h. Sexual Misconduct. Sexual misconduct is a form of sexual harassment and refers to sexual offenses including but not limited to rape, sexual assault, sexual battery, sexual exploitation, sexual coercion, domestic violence, dating violence, stalking, and any other forms of nonconsensual sexual activity. Sexual misconduct can be committed by strangers, acquaintances and family members, as well as casual and long-term dating partners.

  1. Sexual Assault. Sexual assault (which includes rape) is a form of sexual misconduct that includes forcing or coercing an individual to engage in any non-consensual sexual contact or sexual penetration. Sexual assault includes, but is not limited to, attempted or unwanted sexual activity, such as sexual touching and fondling. This includes the touching of an unwilling person’s intimate parts (defined as genitalia, groin, breast or buttock, or clothing covering them), or forcing an unwilling person to touch another’s intimate parts. In Michigan, the law regarding sexual assault is called the Criminal Sexual Conduct Act. It is gender neutral and includes marital, stranger, date, acquaintance, and child sexual assault. (MCL 750.520b-e)
  2. Sexual Exploitation. Sexual exploitation is a form of sexual misconduct that includes, but is not limited to, prostituting another person, non-consensual visual or audio recording of sexual activity, non-consensual distribution of photos, images or information of an individual’s sexual activity or intimate body parts, non-consensual voyeurism, coercing someone against their will to engage in sexual activity, or knowingly transmitting sexually transmitted disease (STD) without disclosing STD status.
  3. Domestic Violence. Domestic violence is a form of sexual misconduct. The relevant Michigan statute defines domestic violence as “the occurrence of any of the following acts by a person that is not an act of self defense: (i) causing or attempting to cause physical or mental harm to a family or household member; (ii) placing a family or household member in fear of physical or mental harm; (iii) causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress; (iv) engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” (MCL 400.1501) Michigan defines domestic violence as certain acts towards “a family or household member” and includes “an individual with whom the person has or has had a dating relationship” as a “family or household member.”  So though “dating violence” isn’t explicitly defined, a person in a dating relationship is protected. (MCL 400.1501)
  4. Dating Violence. Dating violence is a form of sexual misconduct. The Michigan statute that defines and prohibits domestic violence prohibits certain conduct against family or household members (as described above), and the statute defines “family or household member” as including “an individual with whom the person has or has had a dating relationship.”   (MCL 400.1501)
  5. Stalking. Stalking is a form of sexual misconduct that includes, but is not limited to, a ‘willful course of conduct’ involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. (MCL 750.411(h)(1)(d)

III. Policy Statement

  1. General Policy. Kalamazoo College prohibits all harassment, including sexual harassment, sexual misconduct, domestic violence, dating violence, and stalking. The College does not condone or allow harassment, whether engaged in by students, faculty or staff; by customers, vendors, or other non-employees who conduct business with the College; or by campus visitors. In response to every complaint, the College will promptly investigate, take appropriate corrective and preventive actions to eliminate the offending conduct and prevent its reoccurrence, and address its discriminatory effects on the complainant and others, if appropriate. When appropriate, the College will impose disciplinary action.
  2. Harassment and Academic Freedom. The College has a profound commitment to the free expression of ideas, including those that are controversial or unpopular. However, sexual harassment and other behaviors in violation of anti-discrimination laws are not legally protected forms of expression and may prevent some individuals from participating fully in the life of the academic community. Such behavior in violation of this Harassment Policy is not protected by law or the policies of the College.
  3. Consensual Relationships. Sexual relationships between employees and Kalamazoo College students are unacceptable and constitute personal and professional misconduct. Such actions may be considered adequate cause for faculty termination under the Plan of Employment of the Board of Trustees and for termination of employment of a staff member. An exception may be made for a personal relationship that was established prior to employment and was disclosed to Human Resources at the time of hire.
  4. Education and Training. Ongoing education regarding harassment and related College policies is required for all students and employees. The College educates its employees through mandatory annual online training and employee orientation. The College educates students about sexual misconduct through mandatory first year orientation programs each fall as well as mandatory annual online training. The Title IX Coordinator offers sexual assault education and information programs to College students and employees upon request. Information about sexual misconduct education, bystander prevention programming, risk reduction, and College response is available through the College website and outside the Student Health Center.

IV. Surviving Sexual Misconduct

If you have been subject to sexual misconduct:

  • Get to a safe place and contact someone who can help you: a friend, colleague, Resident Assistant (RA), counselor, family member, Kalamazoo College Security (269-337-7321), the Kalamazoo Department of Public Safety (911), or the YWCA (269-385-3587).
  • Do not change clothes, bathe, shower, eat or drink.  These activities can destroy important physical evidence if you decide to press legal charges.
  • Get medical attention at the YWCA or the emergency rooms of Borgess Hospital or Bronson Hospital.
  • If you wish to make a police report, contact Kalamazoo Public Safety (911).
  • Contact the YWCA (269-385-3587), Gryphon Place Help Line (269-381-4357), or the National Domestic Violence Hotline (800-799-7233) for immediate crisis support.
  • If you are able, write down your account of the incident.  Though difficult, this will be helpful if you choose to pursue action against the accused through the College’s process and/or the legal system.

Detailed information about the process of surviving sexual misconduct is available at the following websites:

https://reason.kzoo.edu/studev/policies/sexmisconduct/
https://reason.kzoo.edu/titleix/assault/.

Additionally, employees may contact the Life Assistance Program (LAP) from Cigna, a free, confidential service for support and referral services at 800-538-3543 or www.cignabehavioral.com/cgi.

See https://reason.kzoo.edu/hr/benefits/lifedisinsurance/ for more information.

V. Responding to Harassment

  1. Independent resolution. An individual may choose to communicate with an accused that their behavior is unwelcome and must stop. However, the College will investigate and take appropriate action where complaints of harassment are brought to its attention. An inappropriate situation will likely continue if it is not addressed or reported.
  2. Making a complaint. An employee or student may wish to make a complaint about harassment. Complaints may be informal or formal. Complaints about students are resolved following the procedures in the Student Code of Conduct (https://reason.kzoo.edu/studev/stuconduct/). Complaints about employees are resolved through either an informal complaint or a formal complaint, discussed in the Complaint Process section below.
  3. Pursue legal action. Legal action involves the complainant reporting the incident to the Kalamazoo Department of Public Safety.  A police investigation usually follows.  This option can be pursued simultaneously with or separate from any College resolution or disciplinary processes, and College staff will help facilitate this reporting if requested.  The College will cooperate with legal investigations. The complainant may decline to notify law enforcement authorities, including Campus Security and police.
  4. Personal protection orders. If the College is notified by a student or employee that they have secured a Personal Protective Order (PPO), order of protection, no contact order, restraining order or similar order (collectively referred to as Personal Protective Orders (PPOs)) pertaining to another student or employee, the College will make a good faith effort to reasonably respond to the conditions of the PPO.  The Office of Student Development and Human Resources, in conjunction with the Office of Campus Security, will work with the appropriate individuals to develop a plan to meet the requirements of the PPO as fully as reasonably possible.  This might include plans for travel across campus, scheduled events, and the like.  Information about the PPO and its conditions will be shared with others on campus who need to know of it to provide accommodations.  If the complainant rescinds the PPO, they must follow the formal legal process for doing so before the College will change its accommodations.  The presence of a PPO does not constitute a harassment complaint or put the College on notice of harassment.
  5. Bystander intervention. Bystanders can help create an empowering climate free of interpersonal violence by diffusing problem behaviors before they escalate. Bystanders can help by noticing an incident, interpreting the incident as an emergency, assuming responsibility, and attempting to help (such as helping the person leave the situation, confronting a behavior, diffusing a situation, or calling others for support).
  6. Risk reduction. Students and employees can minimize their risk of becoming targets of sexual harassment by clearly communicating intentions, understanding and respecting personal boundaries, making personal limits known as early as possible, telling an aggressor “no” clearly and firmly, or asking someone for help. Students and employees can also minimize risk by recognizing warning signs of abusive behavior, such as extreme jealousy, constant put-downs, explosive temper, severe mood swings, preventing the other person from doing things he/she wants to do, isolating the other person from family and friends, and calling/emailing/texting the other person too frequently or at odd hours to check-up on the person. Students and employees can minimize their risk of being accused of sexual harassment by not making assumptions about consent or not taking advantage of someone’s impaired state.
  7. False reports and statements. It is a violation of this policy to knowingly bring false or malicious statements or complaints of harassment or of retaliation. Anyone who knowingly brings false charges will be subject to disciplinary action. The action of an individual who brings forth a complaint regarding false reporting shall not be considered an act of retaliation. Malicious gossip about individuals with regard to harassment may irreparably affect the standing of a member of the College community and may be considered a violation of the Honor System.
  8. Retaliation. Retaliation is any adverse action taken by a member of the College faculty, staff, or student body against any individual on the basis of a report made by such individual, or on the basis of such individual’s participation in an investigation, hearing, or inquiry by the College or an appropriate authority, or participation in a court proceeding relating to suspected wrongful conduct at the College. Retaliation includes but is not limited to harassment, threats of physical harm, job termination, punitive work schedule or research assignments, decrease in pay or responsibilities, or negative impact on academic progress. The College does not tolerate retaliation against anyone who in good faith brings complaints to the attention of the College or participates in investigations of such complaints.

VI. Reporting Harassment

The College encourages students and employees to report harassment, and most employees are required to report sexual harassment.

  1. Who must report. All College employees, except those exempt by law, are required to report any instances of sexual harassment that they observe or of which they learn, even if the individuals involved do not report it. Exempt College employees are: licensed mental health counselors employed by the College to provide counseling services in the Counseling Center, and the College Chaplain.
  2. What to report. Employees must report everything they know as soon as they know it. This includes but is not limited to the name of the complainant, the name of the accused, dates, times, and specifics of the incident.
  3. To whom to report. Concerns about conduct by an employee or third party that may violate this policy should be reported to the Human Resources Director (269-337-7248), Provost (269-337-7162), or Title IX Coordinator (269-337-5750). Concerns about conduct by a student or student group that may violate this policy should be reported to the Dean of Students (269-337-7209) or the Title IX Coordinator (269-337-5750).
  4. Confidentiality. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the College will comply with requests for confidentiality to the extent possible. No promise of nonaction or anonymity can be made once a complaint has been reported. The College has a legal duty to conduct an investigation. Information will be released on a need-to-know basis. Within these constraints, all parties involved are requested to maintain confidentiality. Publicly available records will be kept without including identifying information about the complainant to the extent permissible by law.

Students may speak confidentially to licensed mental health counselors employed by the College to provide counseling services in the Counseling Center and the College Chaplain. These resources provide students who may be interested in bringing a complaint of sexual misconduct or harassment with a confidential place to discuss their concerns.

Employees may also consult clergy and licensed mental health counselors off campus. Additionally, employees may contact the Life Assistance Program (LAP) from Cigna, a free, confidential service for support and referral services. See https://reason.kzoo.edu/hr/benefits/lifedisinsurance/ for more information.

  e. Anonymous reporting. Anonymous reports may be made at https://reason.kzoo.edu/titleix/report/. However, the more information the College has about sexual harassment, the better it can prevent and redress it. The College may be limited in its investigation if it does not have information specific to a complaint.

   f. Statement on alcohol and drug use. The College strongly encourages students to report incidents violating this policy. Therefore, students who act responsibly by reporting to the appropriate authorities information about conduct violating this policy typically will not face College disciplinary action for their own drug or alcohol possession or consumption in connection with the reported incident.

IV. Complaint Process

For Students: Complaints involving students are resolved following the procedures in the Student Code of Conduct (https://reason.kzoo.edu/studev/stuconduct/).

For Faculty and Staff: Complaints involving employees are resolved through either an informal complaint or a formal complaint.

  1. Immediate action. Upon receiving a complaint, the person receiving the complaint (Human Resources Director, Provost, or Title IX Coordinator) will take appropriate immediate actions to protect the safety and well-being of the individuals involved in a complaint of sexual harassment. Generally, such actions include but are not limited to the following:
    1. Notify the accused that a complaint has been made against them;
    2. Provide a copy of the College’s Policy Against Harassment to both parties;
    3. Establish an agreement between the parties that they are not to initiate contact with the other party or parties until further notice by the College.  Failure to cooperate or honor the agreement could result in restricting either party’s presence on campus;
    4. Have each of the parties and any witnesses acknowledge the expectation of confidentiality as outlined in this policy;
    5. Advise all parties and any witnesses that they may not retaliate against any party or any witness involved in a harassment complaint.
  2. Informal complaint. Employees who believe they have been harassed or have witnessed harassment may consult with the Human Resources Director, Provost, or Title IX Coordinator, who will assist the individual in making a judgment about whether or not harassment has occurred and advise them regarding various ways to respond to the situation. In some cases the individual may choose to communicate to the accused that the behavior is unwelcome and must stop. If the behavior continues, the employee should document it and immediately report it. The employee may also request that the Human Resources Director, Provost, or Title IX Coordinator speak with the accused and communicate the request that the behavior stop. Alternatively, the employee may request a mediated discussion with the accused (except in cases of sexual misconduct). If both employee and accused agree, mediation will be arranged.
  3. Formal complaint. A formal complaint should be made to the Human Resources Director, Provost, or Title IX Coordinator. The complaint may come in any form (oral or written). An investigation may also be initiated without a formal complaint if a serious concern relating to harassment is brought to the attention of any of these individuals. A formal complaint will be investigated by either the Human Resources Director or the Harassment Review Board.

VIII. Investigation

Kalamazoo College will provide a prompt, fair, and impartial investigation and resolution to all complaints of harassment. Investigations are conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to conduct an investigation and hearing process that protects the safety of complainants and promotes accountability. Investigation and resolution procedures are intended to protect the rights of both the complainant and accused, to protect privacy, and prevent retaliation.

  1. Notice. The accused will be informed of the name of the complainant as well as the substance of the complaint. Both the complainant and accused will be simultaneously informed, in writing, of the outcome of any institutional disciplinary proceeding that arises from an allegation of harassment.
  2. Timeliness. The investigation process will be completed in as timely a manner as reasonably possible. Regular communication with both complainant and accused regarding the status of the complaint investigation and resolution will occur throughout the process.
  3. Investigation process. Investigations may be conducted by either the Human Resources Director independently, or by the Harassment Review Board. Typically, investigations are conducted independently by the Human Resources Director. The Human Resources Director may decide to refer a complaint to the Harassment Review Board. The investigation will be fair and the proceedings will be conducted by officials who receive annual training including but not limited to issues related to domestic violence, dating violence, sexual assault, and stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. The investigator(s) will meet as soon as reasonably possible with the complainant, the accused, and, if appropriate, with any witnesses to clarify what incidents occurred and what views each holds. Investigators may meet with other individuals who may have information relevant to the complaint. The complainant and the accused may present witnesses and evidence to the investigators.
  4. Harassment Review Board. The President of the College appoints a standing Harassment Review Board (HRB) to respond to complaints of harassment from employees. The HRB emphasizes mediation and conciliation, and relies on discreet inquiry and confidentiality in addressing complaints. All members of the College community are expected to cooperate fully with the HRB.
    • The HRB is composed of the following members:
      • Human Resources Director (Chair)
      • Dean of Students
      • An Associate Dean of Students
      • Two faculty members
      • One additional staff member

HRB appointments are guided by considerations of continuity; experience; sensitivity to the concerns of students, faculty and staff; ability to be objective and unbiased; and commitment to maintain confidentiality. Faculty members are nominated by the Provost based upon recommendations from the Faculty Executive Committee. Staff members are appointed by the President, based upon recommendations from the Community Council, the current HRB, the President’s Staff or any members of the College community. Membership on the HRB endeavors to be gender-balanced and members serve staggered three year terms. Initial appointments and later appointments as needed may be made for one, two and three-year terms to assure a regular annual rotation. The Human Resources Director serves as Chair of the HRB, acts as convener, facilitates administrative operations, participates in investigations, and equitably assigns to HRB members responsibilities for HRB activities. In the absence of the Human Resources Director, the President may assign the Provost, Dean of Students, or another designee to serve as Alternate Chair.

Investigations referred to the HRB are conducted by the Chair of the HRB and two members of the HRB assigned by the chair. If the accused is a staff member, the investigators will include at least one staff member, and if the accused is a faculty member, the investigators will include at least one faculty member. In assigning investigators, consideration will be given to gender balance and the nature of the complaint. At least one investigator should be the same or superior rank as the accused. If there is a compelling reason, the Chair may, in consultation with the President, assign an investigator who is not a member of the current HRB.

   e.  Advisors. The complainant and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice from within the College community.

   f.  Mediation. If the HRB recommends mediation and both complainant and accused agree, mediation will be arranged. Mediation does not preclude disciplinary action. The complainant may end mediation at any time. Mediation is not used in cases of sexual misconduct.

   g.  Standard of evidence. Kalamazoo College uses the preponderance of the evidence standard to determine whether harassment has occurred.

   h.  Findings. If the Human Resources Director conducts an investigation, s/he shares the findings at the conclusion of the investigation with the complainant, the accused, the supervisor of the accused, and any other appropriate individuals. If the accused is a faculty member, the Human Resources Director communicates the findings to the Provost; if the accused is a staff member, to the appropriate Senior Officer of the College.

If the Human Resources Director has referred the complaint to the HRB, the HRB investigators will report their findings to the HRB. If the investigators have determined the accusation is invalid, and the HRB concurs, the Chair will communicate this determination to the complainant and the accused. If the investigators determine that harassment has occurred, and the HRB concurs, the Chair will report this to the complainant, the accused, the supervisor of the accused, and any other appropriate individuals. If the accused is a faculty member, the Chair communicates the findings to the Provost; if the accused is a staff member, to the appropriate Senior Officer of the College.

IX. Suspension and Disciplinary Actions

  1. Suspension Pending Investigation. The College reserves the right to suspend employees or students if it deems it to be appropriate while an investigation is occurring. The College reserves the right to take necessary measures in order to protect employee and student rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting the matter to the police. The College will consider the concerns and rights of both the complainant and the accused.
  2. Determination of disciplinary action.
    1. For Students: If the accused is a student, disciplinary action will be determined by the student conduct process.
    2. For Faculty and Staff: If the accused is an employee, the Human Resources Director or the HRB may recommend possible resolutions, but College administration (President and Senior Officers) reserves the right to make the final decision regarding appropriate corrective, disciplinary action. Actions may include, but are not limited to, reporting the matter to the police, required counseling, required education, verbal or written reprimand or warning, probation, removal of privileges, removal from the residential system, leave of absence without pay, suspension or termination of employment. A decision to suspend or dismiss a faculty member is subject to the procedures for Termination of Appointment prescribed in the Faculty Plan of Employment. Sanctions will be reasonably calculated to end the harassment and avoid its repetition.

X. Appeals

Students wishing to appeal a decision should refer to “Student Conduct Procedures - Appeals” at https://reason.kzoo.edu/studev/stuconduct/#Appeal.

Employees may appeal in writing to the President within 7 business days of receipt of the written decision and must specify the grounds for the appeal. A business day is a day the College is open for regular business, including academic break days. Either the complainant or the accused may appeal. The President decides whether an appeal will be heard. The decision will be based on whether the person seeking the appeal has come forward with new evidence or has alleged a failure of appropriate process. Without new evidence or a legitimate claim of failure of appropriate process, appeals will not be heard.

The President will assign an Appeal Board consisting of three members:

  • the President or their designate, and
  • two faculty members, two administrative staff members, or two support staff members, depending on what accurately reflects the employment status of the appellant.

Both the complainant and accused will be simultaneously informed, in writing, of:

  • the disciplinary action,
  • the College’s procedures to appeal the results of the institutional disciplinary proceeding,
  • any change in disciplinary action as a result of the appeal, and when the disciplinary decision becomes final.

  

Approved 15 November 2006 by Eileen Wilson-Oyelaran, President
Approved as revised 23 September 2014 by President’s Staff

Related Information: Harassment Review Board, Title IX

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