Chapter 6: Appendix
APPENDIX S. Policy
Prohibiting Harassment and Discrimination
IMPORTANT NOTE: To be acted on by the University, a written charge of
discrimination or harassment must be filed within 300 calendar days of the most
recent occurrence of the alleged harassing or discriminating behavior. A person
who believes that he or she has been the victim of harassment or discrimination
may proceed directly to the filing of a written charge (see Section 06S.110).
SECTION 06S.101 Harassment
and Discrimination Are Prohibited
06S.101.A. Respect for human diversity is an essential element of the
Miami University community. Miami University strongly opposes and will not tolerate
harassment or discrimination on the basis of age, color, disability, national
origin, race, religion, sex, sexual orientation, or gender identity. This prohibition
extends to discrimination in any form and to all forms of harassment, including
the creation of an intimidating, hostile, or offensive working, learning, or living
environment.
06S.101.B. Discrimination and harassment are also illegal. This policy
is not intended to impair or limit the right of anyone to seek a remedy available
under state or federal law. Legal remedies may be pursued outside Miami University
by contacting the Equal Employment Opportunity Commission, the Ohio Civil Rights
Commission, or the United States Department of Education Office for Civil Rights,
or by consulting an attorney at the individual's own expense. Under the law, there
are various time limits for filing charges outside the University. Individuals
should contact the agencies listed above or an attorney to determine the applicable
time limits.
06S.101.C. This policy may in some respects exceed the requirements of
applicable law. However, this policy will not be enforced so as to infringe upon
First Amendment rights, including the right to academic freedom.
SECTION 06S.102 Coverage
This policy prohibits harassment and discrimination by or against all persons
on University property, including University employees and students as well as
visitors, contractors, and other third parties. This policy also covers students
and employees pursuing University-related work or study away from campus.
SECTION
06S.103 Romantic and Sexual Relationships in the Instructional and Supervisory
Contexts
The University discourages romantic and sexual relationships between supervisor
and employee or faculty and student (see Appendix R). In the event of an allegation
of sexual harassment, the University will carefully scrutinize any defense based
on a claim that the relationship was consensual when the facts establish that
an academic or employment power differential existed within the relationship.
SECTION 06S.104 Information and Assistance
Many offices and individuals on Miami's campuses provide general information
and assistance regarding harassment and discrimination. Consultation with any
office or individual other than those listed in Section 06S.107 will not be considered
a report to the University and will not result in any action under this policy.
SECTION 06S.105 Action
Any person who believes he or she has been the victim of discrimination or harassment
is encouraged to pursue relief under this policy. If, as the result of an investigation
of a written charge, the University determines that there is reasonable cause
to believe that discrimination or harassment has occurred, the University will
take action to provide appropriate relief to the victim. The University will also
take appropriate action, up to and including disciplinary action, against the
perpetrator under Section 06S.114 of this policy.
SECTION 06S.106 Retaliation Is Prohibited
It is a violation of this policy and applicable law for a person to be disciplined
or otherwise disadvantaged as a result of a good faith resort to this policy.
Any retaliatory action or conduct taken by any individual against a person who
has sought relief under this policy is strictly prohibited and will be regarded
as a separate and distinct violation of this policy. Examples of retaliatory action
include assigning low grades, assigning undesirable teaching schedules, and giving
deflated performance evaluations. This protection against retaliation extends
to any person who opposes acts of discrimination or harassment or who testifies,
assists, or participates in any manner in an investigation, proceeding, or hearing
relative to discrimination or harassment.
SECTION 06S.107 Reporting
Harassment or Discrimination
06S.107.A. Any person who believes he or she is the victim of harassment
or discrimination may report the behavior directly to the Office of Equity and
Equal Opportunity. Alternatively, the person may report the behavior to any of
the following individuals: a department chair, a dean, an administrative head
of office, the director of Human Resources, the assistant provost for personnel
and director Academic Personnel Services, or the director of Intercollegiate Athletics.
Any person designated in the preceding sentence who receives a report or has knowledge
of harassment or discrimination must promptly inform the Office of Equity and
Equal Opportunity, which will conduct a preliminary assessment of the report.
06S.107.B. The report should not be made to the same person who has
committed the behavior believed to be harassment or discrimination. A person who
believes that he or she has been harassed or discriminated against by someone
listed in the preceding paragraph should make the report to someone else on the
list.
SECTION 06S.108 Advisers
Any person who reports harassment or discrimination and any person against whom
such an allegation is made may be accompanied at all stages of the process described
in this policy by a friend, family member, or other individual of his or her choice
to provide support and assistance.
SECTION 06S.109 Initial Response to
a Report
Upon the receipt of a report of harassment or discrimination, the Office of
Equity and Equal Opportunity will make a preliminary assessment of the report.
Every effort will be made to handle such reports fairly, impartially, and quickly.
In order to protect both the person making the report and the person against whom
the report has been made, every effort will be made to handle the matter in a
discreet manner. The Office of Equity and Equal Opportunity may facilitate an
informal resolution of the report agreed to by all parties. An informal resolution
of the report does not bar the subsequent timely filing of a written charge.
SECTION 06S.110
Filing a Written Charge of Harassment or Discrimination
To initiate formal resolution procedures, an individual must file a written
charge with the Office of Equity and Equal Opportunity within 300 calendar days
of the most recent occurrence of the harassing or discriminatory behavior. This
charge specifies the incident(s) of harassment and/or discrimination, and it is
signed by the person making the charge. A copy of the charge must be provided
to the person against whom the charge is made.
SECTION 06S.111 Investigation of
a Written Charge
Within 15 class days of receipt of a written charge, the Office of Equity and
Equal Opportunity will conclude its investigation to determine whether there is
reasonable cause to believe that harassment or discrimination occurred, including
the extent and severity of the violation. At the completion of the investigation,
the Office of Equity and Equal Opportunity will issue a written report of its
investigation that includes a finding of reasonable cause or no reasonable cause
and related recommendations. A copy of the report will be given to both the charging
party and respondent. After the report is issued, both the charging party and
respondent are permitted to review the Office of Equity and Equal Opportunity's
investigation file.
SECTION 06S.112 Review
06S.112.A. If dissatisfied with the report of the Office of Equity and
Equal Opportunity, either the charging party or the respondent may request a review
by a Harassment/Discrimination Review Panel Committee (the Panel Committee). The
request must be made in writing, stating the reasons therefore, to the Office
of Equity and Equal Opportunity within ten class days of receipt of the Office
of Equity and Equal Opportunity's report.
06S.112.B. The Harassment/Discrimination Review Panel (the Panel) is
appointed annually by the President to serve for the undergraduate and graduate
student bodies, the faculty, and the classified and unclassified staff. The Panel
Committee will consist of five members selected from the Panel. Each Panel Committee
will receive appropriate training on University policies and procedures governing
harassment and discrimination.
06S.112.C. The composition of the Panel Committee will reflect the peers
of the parties involved and will depend on the status of those parties:
Parties
Involved |
Composition
of Panel Committee |
1. Both are faculty members |
All faculty members |
2. Both are staff members |
All staff members |
3. One is a faculty member and one is a staff
member |
Both faculty and staff members |
4. If one is a student and one is a faculty
or staff member |
Two students and three faculty or staff members |
5. If both are students |
All students |
EXCEPT |
|
a. If either student requests that one or two
members be faculty or staff member |
One or two faculty or staff members; the rest
students |
b. If the charge arises out of a graduate assistant’s
teaching responsibilities |
Two students and three faculty members |
c. If the charge arises out of a graduate assistant’s
non-teaching responsibilities |
Two students and three staff members |
06S.112.D. Both charging party and respondent will be presented with
the list of names of all appropriate members of the Panel. Each party may disqualify
up to three members from service on the Panel Committee. The President or designee
will select five members from the remaining names and appoint one of the five
to serve as committee chair. The Panel Committee will be appointed within ten
class days of the receipt of the request for review. The Panel Committee will
have full access to the Office of Equity and Equal Opportunity's investigation
file.
SECTION 06S.113 Decision of the Panel
Committee
06S.113.A. Within ten class days of its appointment, the Panel Committee
will issue a written report in which a majority of its members concur. In the
report, the Panel Committee will do one of the following:
- Affirm or reverse the finding of no reasonable cause.
- Affirm or reverse the finding of reasonable cause.
- Remand the matter to the Office of Equity and Equal Opportunity for additional
investigation and a supplementary report based on the additional investigation.
- Affirm or recommend modifying any recommendations made by the Office of Equity
and Equal Opportunity.
06S.113.B. If the Panel Committee concludes that reasonable cause exists
to believe that harassment or discrimination has occurred, it may instruct the
Office of Equity and Equal Opportunity to take immediate action to eliminate the
harassment or discrimination. No formal disciplinary action against the respondent
shall be initiated except pursuant to the appropriate disciplinary procedure as
cited in Section 06S.114.
SECTION 06S.114 Disciplinary Action
06S.114.A. If there has been a finding of reasonable cause and a recommendation
that the respondent be subjected to disciplinary action either in the report of
the Office of Equity and Equal Opportunity or as a result of a review and report
by the Panel Committee, the discipline, if any, to be imposed will be determined
according to the procedures described in the Student Conduct Regulations, if the
respondent is a student; the Ohio Civil Service Law or a collective bargaining
agreement then in effect, whichever is applicable, if the respondent is a member
of the classified staff; Section 13 of the Miami University Policy and Information
Manual if the respondent is a member of the unclassified staff; or Section
8 of that same manual, if the respondent is a member of the instructional staff.
06S.114.B. If disciplinary action is initiated, the respondent, the person
or office initiating disciplinary action, and the hearing body will be entitled
to full access to the investigation file of the Office of Equity and Equal Opportunity
and the file, if any, of the Panel Committee.
SECTION 06S.115 Miscellaneous
06S.115.A. After a timely written charge has been filed, subsequent time
limits specified in this policy may be extended by the vice president who has
authority in relation to the respondent, or by the President's designee for those
respondents under no vice presidential authority. Notice of the extension will
be made in writing and will include the reason for the extension. Copies will
be provided to both the charging party and the respondent.
06S.115.B. It is a violation of this policy to knowingly make a false
allegation of harassment or discrimination. However, failure to prove a claim
of harassment or discrimination is not equivalent to a making false allegation.
It is also a violation of this policy for a respondent or other person interviewed
by the Office of Equity and Equal Opportunity to knowingly make a false statement.
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