Reporting Discrimination or Harassment

Discrimination or Harassment Based on Disability

The Americans with Disabilities Act (ADA) of 1990, amended in 2008, prohibits discrimination based on disability. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities receiving federal financial assistance.

Examples of Harassment based on Disability

• Lack of access to educational programs and facilities
• Denial of academic adjustments or accommodations
• Offensive remarks, jokes, epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s disability

Discrimination or Harassment Complaints

Washington College encourages anyone who has experienced any form of discrimination or harassment to report the incident promptly, to seek all available assistance, and to pursue remedies available through campus judicial or grievance processes.  Reporting parties are also encouraged to report incidents to local, state and/or federal authorities or offices charged with handling unlawful discrimination or harassment.

Reporting a Complaint

Students, employees, or third parties who believe they have been subjected to discrimination or harassment, including sexual violence/assault, by a student or employee of the Washington College community or by another individual for whom the College is or may be responsible (e.g., applicants for admission or employment, alumni, independent contractors, vendors, recruiters) should contact one of the following persons for assistance with resolving a complaint:

• Title IX Coordinator or Assistant Coordinator(s) – for matters involving discrimination or harassment based on sex or gender
• 504 Coordinator or Assistant Coordinator(s) – for matters involving discrimination or harassment based on disability
• Professional Staff in Student Affairs (Including Resident Area Directors/RADs) for any matters of discrimination or harassment
• Department of Public Safety for any matters of discrimination or harassment
• Human Resources Department for any matters of discrimination or harassment

 

When a Washington College student is the subject of a discrimination or harassment complaint, the matter will be referred to the Honor Board or other appropriate hearing body (see the Washington College Honor Code and Student Judicial System found earlier in this Handbook).

When a Washington College employee or third party is the subject of a formal written complaint, the matter will be reviewed by the Washington College Discrimination Dispute Resolution Committee (DDRC). 

Students, employees, or third parties alleging discrimination or harassment may submit a complaint in writing using the Discrimination/Harassment complaint form. Complaint forms are available in Public Safety, Student Affairs, Human Resources and Title IX Coordinator’s Office or for download and printing from the College website at http://www.washcoll.edu/title-ix/.

Interim Measures

• No contact orders
• Interim suspension
• Administrative leave (employee)
• Reassignment of housing
• Reassignment of job
• Class schedule change
• Prohibit or restrict participation in extracurricular activities
• Prohibit or restrict access to campus for third parties
• Relocation of a residential assignment

Investigating a Complaint

All complaints of harassment or discrimination will be investigated in a manner that is adequate, reliable, and impartial. Investigations may be conducted by trained Public Safety staff, trained Title IX Investigators, the Title IX Coordinator or Assistant Coordinators (for Title IX matters), the Section 504 Coordinator or Assistant Coordinators (for ADA/Section 504 related matters), Human Resources staff, or another trained investigator appropriate to the situation and in accordance with all College policies and legal requirements.

For matters involving discrimination or harassment based on disability (covered by ADA/Section 504), the Section 504 Coordinator will ensure the investigation complies with all Section 504 requirements.

The responsibility to conduct an investigation shall not be altered by the fact that a criminal investigation of the incident is pending or has been concluded, although the investigation may be delayed or suspended at the request of law enforcement while the law enforcement agency is gathering evidence.  In the event the investigation is delayed at the request of the law enforcement agency, appropriate steps will be taken to provide for the safety of the Reporting Party and the College community and to prevent retaliation by any individual.

The steps may include changes to the schedule, housing assignment or work location of the Responding Party, or summary suspension/leave from the College issued to the Responding Party.

Investigation Process:

The Complainant will be contacted by a College administrator designated by the appropriate College administrator or ADA/Section 504 Coordinator to schedule a meeting at which time the administrator will go over the investigative process.

Any person identified by the Reporting Party or Responding Party who has relevant and non-cumulative information that pertains to the allegation will be contact by the investigator(s).

The person designated to conduct the investigation shall prepare a written report and will report on the status of the investigation to the Reporting Party, the Responding Party, and the Section 504 Coordinator (or other appropriate administrator.)

At the conclusion of the investigation, designated College administrator will meet with the Reporting Party to review the written report and inform him/her of the next steps in the process. The designated College administrator will also contact the Responding Party to review the written report and explain the next steps in the process. Either party may provide a written response to the written report within five (5) days after reviewing it.

The written report is a summary of the investigation and, along with the parties’ responses, will be forwarded to the appropriate administrator. The administrator will then forward the report to the Honor Board or the Discrimination Dispute Review Committee (DDRC) for review and any action deemed appropriate in accordance with the procedures of each.

Nothing in these procedures or in the procedures of the Honor Board or DDRC limits the right of any person to pursue other avenues of recourse, which may include filing charges or a complaint with local, state, and federal authorities responsible for addressing unlawful discrimination and harassment.

 

 Resolving Complaints

Discrimination and Dispute Resolution Committee (DDRC)

The Washington College Discrimination Dispute Resolution Committee (DDRC) is used when the subject of a formal written complaint is an employee or third party. The DDRC will consist of faculty and staff who are trained to review matters involving discrimination and harassment. A hearing panel consisting of three members of the DDRC will be facilitated by the Director of Human Resources (or designee) for complaints against staff members or the Provost (or designee) for complaints against faculty.  Hearings where there is a staff Responding Party will include two staff members and one faculty member on the hearing panel.  Within 15 days after the hearing, the panel will issue a written decision that includes a review of the information relevant to the case and sanctions if it is found to be “more likely than not” that the subject of the complaint violated College policy.  The DDRC will continue to function whenever the College is open even if classes are not in session.

In cases of discrimination and harassment, Reporting Parties may also obtain information and/or file a complaint by writing the Director of Civil Rights, U.S. Department of Education, Office of Civil Rights, The Wanamaker Building, 100 Penn Square East, Suite 515, Philadelphia, PA 19107, or local fair employment practices agencies.

Records

Records of complaint investigation and any corrective action will be entrusted to the Title IX Coordinator or ADA/Section 504 Coordinator and will be maintained in an electronic system accessible throughout the College on a confidential basis consistent with College’s legal requirements and appropriate legal requests for said documents.

Making An Appeal

The Reporting Party or Responding Party may appeal decisions of the DDRC or Honor Board by submitting a written appeal request within five business days of receiving written notification of the outcome of the hearing. Appeal forms can be downloaded from the following website http://www.washcoll.edu/title-ix/.  Only appeals that are based on one or more of the following grounds will be considered for review:

• Procedural error(s) that prevented fundamental fairness
• New information or evidence that was not available at the hearing
• An imposed sanction that is disproportionate to the violation and/or the conduct history of the Responding Party

Letters of appeal for Honor Board decisions must be sent to the Vice President for Student Affairs (or designee). The Vice President for Student Affairs or designee will determine whether the appeal meets the above criteria. If any of the criteria are met, the case will be referred to the appeal board; if the case does not meet at least one of the criteria, there will be no further review. More information on the student appeal process can be found in the Student Handbook. Letters of appeal for DDRC decisions must be sent to the President of the College (or designee). The President of the College (or designee) will determine whether the appeal meets the above criteria. If any of the criteria are met, the case will be reviewed and a decision made; if the case does not meet at least one of the criteria, there will be no further review. The appellant(s) and the other party, shall be notified of the outcome of the appeal. All appeals will be conducted in an impartial manner and by an impartial decision-maker.

Retaliation

All members of the Washington College community are advised that retaliation against anyone for filing a complaint of discrimination or harassment or for participating in an investigation of discrimination or harassment is strictly prohibited by law and by College policy.

Confidentiality

All parties involved, especially those charged with carrying out the above policies, are enjoined to work in confidence to the extent legally permissible and practically possible.

In cases of discrimination and harassment, Reporting Parties may also obtain information and/or file a complaint by writing the Director of Civil Rights, US Department of Education, Office of Civil Rights, The Wanamaker Building, 100 Penn Square East, Suite 515, Philadelphia, PA 19107. Such complaints generally must be filed within 180 days.

Bias Incident Policy Statement and Protocol

Purpose 

Bias activity has the potential to adversely affect the members of the Washington College community and to undermine the climate of civility and respect necessary to achieve and maintain a diverse and inclusive community.  Washington College has developed a protocol designed to outline steps to support individuals and groups who believe they are targets of a bias incident. This policy statement will establish procedures and protocols that students, faculty, and staff can utilize to identify, process, and respond to bias incidents in an efficient manner.

Policy 

Washington College does not tolerate conduct that may be considered a bias incident toward any of its students, faculty, staff and community members. The college expects its students, faculty and staff to refrain from acts of intolerance directed at other members of the community including (but not limited to) harassment, hate speech, and discrimination.  The College does not seek to limit freedom of speech, but rather wants to ensure all of its members can participate fully in College events and activities without fear of bias, intimidation, or harassment due to their identity.  

Clery Act Hate/Bias Crime Definitions

As defined by the Clery Act, a hate crime is as any crime that manifests evidence that a victim was selected because of his/her actual or perceived race, gender, gender identity, religion, sexual ori­entation, ethnicity, national origin, or disability.  A hate crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender’s bias.  If the facts of the case indicate that the offender was motivated to commit the offense because of his/her bias against the victim’s perceived race, gender, gender identity, religion, sexual ori­entation, ethnicity, national origin or disability, the crime is classified as a hate crime. For more information on the definition and classification of hate/bias crimes, see: https://www.fbi.gov/investigate/civil-rights/hate-crimes#Definition. 

A bias incident can occur whether the act is intentional or unintentional and may or may not warrant legal action. In identifying a bias incident, the focus is on the impact on an individual or group, not the intention or motivation of the actor.  The following provides an overview of different forms of bias incidents that could be reported:  

1. Contained Bias Incident: a comment, activity, or event that is seen or heard by a small number of people, does not violate a College policy or law, or is of no interest to media or larger investigative bodies.
2. Community Bias Incident: a comment, activity, or event that is seen or heard by many, violates College policies or laws, or garners interest from the media or larger investigative bodies.

 Any of the following may be considered a bias incident:

 Discrimination

Conduct that denies any individual or group equal privileges or access to a particular activity or opportunity because of the individual’s or group’s actual or perceived age, ancestry, ethnicity, national origin, ability (physical, psychological, cognitive), sex, gender identity or expression, citizenship or immigration status, marital status, socioeconomic class, race, religion, religious practice, sexual identity, or veteran status.

Harassment Unwelcome behavior based upon individuals’ or groups’ actual or perceived age, ancestry, ethnicity, national origin, ability (physical, psychological, cognitive), sex, gender identity or expression, citizenship or immigration status, marital status, socioeconomic class, race, religion, religious practice, sexual identity or veteran status that unreasonably interferes with the person’s work or educational performance or creates an intimidating or hostile work or educational environment. Examples may include (but are not limited to) epithets, images, slurs, jokes, electronic communication, or other verbal, graphic or physical conduct. 

Acts of Intolerance Conduct motivated by discriminatory bias or hatred toward other individuals or groups based on perceived or actual characteristics of age, ancestry, color, race, religion, culture, gender, gender identity expression, sexual orientation, ability (physical, emotional or intellectual), national origin, veteran status or other attribute.

Hate Speech

Such speech refers to speech, text, images (written and or spoken) presented in public that are designed to incite hatred, violence, contempt, or severe ridicule towards members of racial, religious, or other groups. Hate speech intends to intimidate or incite fear or terror among the college community. 

First Amendment Rights

Institutional Response and Jurisdiction  

1. The Bias Incident Policy Statement shall apply to conduct that occurs on campus, at Washington College sponsored activities, and/or when the Student, Faculty, or Staff member is representing Washington College. For students, the conduct jurisdiction policy states that, “students are responsible for observing applicable laws, regulations, and rules of the larger community as well as the Honor Code at all times”. The College reserves the right to investigate reports of any student misconduct that occurs on or off campus, including during periods between semesters or breaks in enrollment. If the College becomes aware that a student has been arrested and/or charged with a crime or has engaged in other conduct that is detrimental to the interests of the College or the welfare of others, the College may choose to initiate disciplinary proceedings against the student. For employees, please refer to the following link regarding Washington College policies: https://www.washcoll.edu/offices/human-resources/policies.php 

Washington College officials shall have discretion to extend jurisdiction over conduct that occurs off campus when the conduct adversely and significantly affects the learning environment or Washington College community, and would be a violation of this policy and/or any applicable campus policy or code of conduct had the conduct occurred on campus. In determining whether or not to extend jurisdiction, Washington College may consider, among other factors, its ability to gather information and effect a resolution. Washington College may extend jurisdiction over off-campus conduct if the alleged conduct by the student or employee:

• Involved discrimination or produced a reasonable fear of physical harm to any member of Washington College’s community.
• Involved any other members of Washington College’s community or any academic work, records, documents, or property of Washington College.

 2.  Per the Student Handbook, each student shall be responsible for their conduct from the time of acceptance for admission through the actual awarding of a degree.

 3.  Employees are responsible for their conduct during work hours, while on campus, at Washington College-sponsored activities, and/or when the employee is representing Washington College. The employee will also be held accountable to this policy if their conduct is in violation of the bias protocol outlined above, regardless of whether such conduct occurs on campus or off campus.

4.  This policy also applies to any potential violation committed by a person who is both a student and an employee at Washington College, arising out of, or in connection with, conduct in either or both of those capacities. Any violation of this policy may subject the person to disciplinary action, as applicable, in either or both of those capacities.

Reporting   

Students, faculty and staff members may report any bias in a variety of ways. The report will then be forwarded to the Bias Incident Response Team for investigation and response (BERT).  Additionally, Washington College’s community will have access to a website that will provide information on identifying bias and resources for Washington College community members affected by bias.  Anyone wishing to report a bias incident may do so in the following ways:

Bias Incident Response and Support

Every bias incident has a unique context that requires consideration before developing a response. The nature of the incident, the impact on and desires of those reporting the incident, the impact on other community members, and the larger association are examples of factors that should be reviewed when considering a response. Whether it is a contained or a community bias incident, timely and transparent response to the immediate concerns and follow-up will be implemented.

When a bias incident is reported, a review of the information provided and a response from the BERT, if deemed appropriate, will be coordinated as outlined in this policy. The BERT is also responsible for reviewing and revising the Bias Incident Policy on an on-going and annual basis.

The BERT consists of the following representatives:

• Department of Residential Life & Housing
• Office of Human Resources
• Department of Public Safety
• Office of Intercultural Affairs
• Athletics Department
• Public and Media Relations
• Academic Affairs

   

  At any time, the BERT may contact other campus and community resources that can aid in either responding to the incident report or helping any campus community member involved in the bias incident. These resources include, but are not limited to, the following:

  • Academic Affairs

  • Academic Deans

  • Greek Life

  • Athletics Department

  • General Counsel

  • Counseling and Health Services

  • Public Safety/Chestertown Police Department

  • The Office of the Vice President for Student Affairs and Dean of Students

  • Office of Intercultural Affairs

  • Residential Life and Housing

  • Title IX Coordinator