Policy on Prohibiting Harassment and Discrimination
Centre College Policy Prohibiting Discrimination and Harassment
Effective August 1, 2024
We pledge continuing efforts to build and strengthen a community enriched by our differences and founded upon our common humanity.
I. Policy Prohibiting Discrimination
II. Policy Prohibiting Harassment
III. Retaliation
IV. Designated Discrimination and Harassment Officer
V. Discrimination and Harassment Complaint Procedure and Resolution Process
VI. Notice, Training, and Education for Students and Employees
VII. Provision of False information and Interference
As a fundamental policy and in compliance with all applicable non-discrimination laws, Centre College does not discriminate on the basis of race, color, religion, national or ethnic origin, sex, sexual orientation, gender identity or gender expression, age, disability, veteran's status, or genetic information in the administration of any of its educational programs and activities, admissions, and with regard to employment. Centre College hires and promotes its employees and admits its students on the basis of merit, qualification, and character. This policy also prohibits discrimination based on the perception that an individual has one or more of the foregoing protected characteristics or an individual’s association with a person or group with one or more actual or perceived protected characteristics.
All employment decisions, including, but not limited to, hiring, retention, assignment, transfer, evaluation, dismissal, compensation, and advancement for all positions shall be based on job-related criteria and respond to Centre College’s needs.
Additionally, Centre College will comply with the accessibility requirements of Section 504 of the Rehabilitation Act of 1973. Centre College will respond to and resolve prohibited discrimination complaints regarding accessibility as complaints of discrimination on the basis of disability.
Except as necessary for compliance with Federal and State law, prohibited discriminatory actions include:
- Treating one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service;
- Providing different aid, benefits, or services or provide aid, benefits, or services in a different manner;
- Denying any person any such aid, benefit, or service;
- Subjecting any person to separate or different rules of behavior, sanctions, or other treatment;
- Aiding or perpetuating discrimination against any person by providing significant assistance to any agency, organization, or person which discriminates on the basis of protected status in providing any aid, benefit or service to students or employees;
- Otherwise limiting any person in the enjoyment of any right, privilege, advantage, or opportunity.
Prohibition Against Harassment
Centre College is committed to providing an academic, work, and living environment free of prohibited forms of harassment, including harassment based on race, color, religion, national ethnic origin, sex, sexual orientation, gender identity or gender expression, age, disability, veteran's status, or genetic information. This policy also prohibits harassment based on the perception that an individual has one or more of the foregoing protected characteristics or an individual’s association with a person or group with one or more actual or perceived protected characteristics. It is further the policy of Centre College to provide an educational and employment environment free from sexual misconduct, as well as unwelcome sexual advances, requests for sexual favors, sexual favoritism, or other verbal or physical conduct or communications constituting sexual harassment.
This policy will cover the prohibition on discrimination and harassment on the basis of all protected classes except sex and gender; for information regarding sex and gender harassment and discrimination, including Title IX and non-Title IX sexual misconduct, please refer to the Sexual Misconduct Policy. Discrimination against a person because of that person’s race, color, religion, national ethnic origin, sex, sexual orientation, gender identity or gender expression, age, disability, veteran's status, or genetic information, or any other characteristic protected by applicable law is deemed in this policy to be discrimination against a person’s “protected status.”
Definitions and Examples of Harassment
Harassment comes in many forms and can be based on various protected categories. No definition can be all-encompassing. Harassment based on protected status or the perception that a person has one or more of these characteristics violates this policy.
Prohibited forms of harassment under this policy include, but are not limited to:
- Verbal Harassment - Inappropriate or offensive remarks, slurs, jokes, or innuendoes based on a person’s protected status. This form of impermissible conduct may include, but is not limited to, inappropriate comments; verbal abuse, threats, or intimidation; or patronizing or ridiculing statements that convey derogatory attitudes based on protected status.
- Physical Harassment - Inappropriate or offensive touching, assault, or physical interference with free movement. This may include, but is not limited to, any physical assault or intimidation directed at an individual due to that person’s protected status.
- Visual or Written Harassment - The display or circulation of visual or written material that degrades an individual or group based on protected status. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics, or electronic media transmissions, including videos, memes, and other social media content.
- Hostile Environment Harassment - A hostile academic, work, or living environment exists where it is permeated by innuendo; insults or abusive comments directed at an individual or group based on protected status; or gratuitous comments on protected status that are not relevant to the subject matter of the class or activities on the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements in the classroom or work environment. It can also be created by an unwarranted focus on, or stereotyping of, persons in any particular protected status. An environment may also be hostile toward anyone who merely witnesses prohibited harassment in their immediate surroundings, although the conduct is directed at others. Determining whether an environment is hostile stems from the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual’s learning or work.
Retaliation against any member of Centre College’s community is prohibited.
As used in this policy, the term “retaliation” means taking materially adverse action against someone who, in good faith, has made a complaint under this policy or raised any other concern under this policy to an administrator, or who referred a matter for complaint or investigation, or who participated in an investigation or hearing process under this policy.
An “adverse action” is defined as any action that would deter a reasonable person from making a complaint of discrimination, harassment, or retaliation under this policy or would deter a reasonable person from participating in an investigation or hearing process under this policy. Examples of adverse actions include discharge, demotion, suspension, the denial of compensation, benefits, or other terms, conditions, or privileges of employment. Adverse actions may also consist of: dismissing, suspending, or disciplining a student or changing or lowering a grade or evaluation of a student or in any other manner negatively affecting the student’s academic career. This policy does not prohibit an employment action or any other action taken in good faith or that would have been taken regardless of the disclosure of information.
If an employee, student, or applicant believes that they have been retaliated against, they may file a written complaint requesting an appropriate remedy.
An employee, volunteer, student, vendor, or applicant who engages in retaliation will be subject to disciplinary action, including, but not limited to, termination or expulsion.
Centre College has designated the Director of Equal Opportunity & Title IX Compliance as the Discrimination and Harassment Officer responsible for receiving all discrimination and harassment complaints, coordinating the investigation of complaints, and ensuring the promotion of equal opportunities practices within Centre College. The Discrimination and Harassment Officer’s contact information is:
John Perrin, Director of Equal Opportunity & Title IX Compliance
Roush Campus Center, Student Life Office 213
859-238-5881
john.perrin@jdzruiran.com
Administrators, faculty members, other Centre College employees, and students shall direct all complaints of prohibited discrimination and harassment to the Discrimination & Harassment Officer or their designee. Reports may be filed using the Bias Incident Reporting Form. The actual investigation of complaints may be assigned to other institutional staff or to external persons or organizations under contract with Centre College. Delegation procedures will be used whenever the Discrimination & Harassment Officer is named in the complaint, is implicated by the allegations in the complaint, or has an actual or perceived conflict of interest as determined by the Vice President of Legal Affairs. A conflict of interest is not present where one person merely knows a person involved in the process, but could be present where there is a relationship or situation that reasonably could prevent a fair and unbiased decision or outcome.
The Discrimination & Harassment Officer is responsible for ensuring that Centre College is complying with this policy and notifying the administration when discrimination and harassment complaints are filed, monitoring the timelines provided for in the complaint procedure, assisting in counseling the complainant(s) and in facilitating resolution, and other related duties to ensure the fulfillment of this policy.
V. Discrimination and Harassment Complaint Procedure and Resolution Process
Remediation, Restorative Justice, and Harm Reduction Procedure
There are instances where community members may report behavior that could be perceived as biased on the basis of a protected class. For example, microaggressions are subtle intentional or unintentional interactions or behaviors that communicate some sort of bias toward or against historically marginalized groups. Often, individuals may not realize that they may be engaging in behavior that could be perceived as bias or microaggressions, and typically this behavior may not rise to the level of a policy violation that would fall under the Informal/Formal Complaint Procedure. However, Centre College recognizes that to foster and maintain an inclusive community, the College has a responsibility to educate our faculty, staff, and students on bias perception and prevention. At the request of a Complainant, the Director of Equal Opportunity & Title IX compliance and/or the Chief Diversity Officer or a representative for these parties may seek restorative or education-based remediation, such as facilitated conversations that address incidents of perceived bias rather than punitive measures, particularly where punitive measures are not deemed to be appropriate under this policy or federal and state laws. This remediation process may include other parties, such as the Dean of Students, the Dean or Associate Dean of the College, the Vice President of Human Resources, or others as deemed appropriate by the College. These parties will only be included on a need-to-know basis for legitimate College purposes. Repeated instances of bias, whether intentional or unintentional, could indicate a pattern of behavior that may rise to the level of a violation of this policy, requiring an informal or formal complaint procedure.
Informal Complaint Procedure
When a person covered by this Policy brings charges of prohibited discrimination to the attention of the Discrimination & Harassment Officer, the Discrimination & Harassment Officer or designee will:
- Undertake efforts to informally resolve the charges if they deem the case appropriate for informal resolution;
- Advise the complainant that they may but are not required to participate in informal resolution;
- Notify the person bringing the charges of their right to file a formal complaint and explain the procedure for doing so;
- Assure the complainant that they will not have to confront or work out problems with the respondent;
- Advise the complainant that they may file a non-employment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR), where such a complaint is within that agency’s jurisdiction;
- If the complaint is employment-related, the complainant should be advised that they may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) where such a complaint is within that agency’s jurisdiction.
The purpose of the informal resolution process is to allow an individual who believes they have been discriminated against or harassed to resolve the issue through an informal process, such as mediation, rather than the formal complaint process, when the case does not require further investigation or action by the institution. Resolution of informal reports may include discussions with the parties, making recommendations for resolution, and conducting a follow-up review to ensure that the resolution has been implemented effectively.
The informal resolution process will not be made a predicate to the process and investigation of a formal complaint. If a formal complaint is filed, an investigation must be completed within the time required unless it is voluntarily rescinded by a complainant.
Efforts at informal resolution need not include any investigation unless the Director of Equal Opportunity & Title IX Compliance determines that an investigation is warranted by the seriousness of the charges. Selecting an informal resolution does not extend the time limitations for filing a formal complaint. Efforts at informal resolution may continue after a formal written complaint was filed, but after a complaint is filed an investigation must be conducted and will be completed unless the matter is informally resolved, and the complainant dismisses the complaint. Even if the complainant does dismiss the complaint, the Discrimination and Harassment Officer may require the investigation to continue if they determine that the allegations are serious enough to warrant an investigation. Any efforts at informal resolution after a written complaint was filed will not normally exceed the 90-day period for rendering the decision.
Filing of Formal Written Complaint
If a complainant wishes to file a formal written discrimination or harassment complaint, they should use the Centre College Protected Class Violation Complaint Form, available from the Director of Equal Opportunity & Title IX Compliance. This form includes the following information:
- Name of the complainant;
- Name and title of individual(s) against whom the complaint is made;
- The specific type(s) of action(s) taken;
- The specific date(s) on which the action(s) was/were taken;
- A clear and concise statement of the facts that support the allegation(s) in the complaint; and
- A clear and concise statement of the remedy or remedies sought by the complainant.
Once a complaint is filed, the respondent(s) will be advised of the filing and nature of the complaint. This notification will occur promptly and in a manner that is appropriate under the circumstances. Centre College will also advise the respondent(s) that an assessment of the accuracy of the allegations has not yet been made, that the complaint will be investigated according to policy, that the respondent(s) will be provided an opportunity to present their side, and that any conduct that could be viewed as retaliatory against the complainant or any witnesses must be avoided.
Threshold Requirements Prior to Investigation
Once the Discrimination and Harassment Officer has become aware, either by submission of a formal complaint or by some other means, of an allegation that harassment, discrimination, or retaliation has occurred in violation of its policies, the Officer will review the matter and may undertake an investigation. However, if the Discrimination and Harassment Officer determines that the allegations, or any of the allegations, even if true, would not violate the College’s harassment, discrimination, or retaliation policies, then the College will not proceed with an investigation, but may pursue other remedial measures, as appropriate. In instances where the complaint would not violate Centre College’s harassment, discrimination, or retaliation policy but may violate another Centre College policy, the complaint will be referred to the appropriate office or administrator for action.
Rights of the Parties
Parties involved in this process can expect the College to respect the rights of all involved by adhering to all regulations defined in this policy.
Rights of the Complainant:
- To object to behavior perceived as hostile, threatening, or intimidating.
- To seek procedural information from the Director of Equal Opportunity & Title IX Compliance.
- To be protected against retaliation from the respondent or from other persons that may occur during this procedure
Rights of the Respondent:
- When any formal investigation begins, to be informed of the allegations, the identity of the complainant(s), any known facts surrounding the allegations, and a proposed timeline for resolution.
Right to an Advisor
Employee(s) and/or student(s) who are parties to a process under this Policy shall be entitled to an advisor of their choice, who is a member of Centre College’s community (such as a colleague, student advocate, etc.) at all complaint meetings or proceedings. All participants are subject to the confidentiality requirement of this policy.
Investigation
The College will strive to complete a thorough, fair, impartial, and timely investigation. The Director of Equal Opportunity & Title IX Compliance will appoint an investigator, who may be an internal designee of the Director of Equal Opportunity & Title IX Compliance or an external third party, to conduct the investigation. The investigator appointed must be free of any conflict of interest and bias as defined by this Policy. The parties will be notified in writing of the investigator assigned to their case. The investigator will conduct a fair and impartial investigation. The investigator will be trained, including on issues of relevance, to ensure the investigation is conducted consistent with applicable law and College policy, and that the investigative report fairly summarizes the relevant evidence.
Upon receipt of a completed formal complaint form, the Director of Equal Opportunity & Title IX Compliance or designee will institute a formal investigation, which will be completed unless the matter is informally resolved, or unless the Director determines the allegations, even if proven, would not violate this Policy. The Director of Equal Opportunity & Title IX Compliance will determine the process by which an investigation will be conducted and assign an appropriate investigator.
Once the selection of an investigator has been finalized, the investigator will conduct the investigation promptly (usually within 60 days), and provide a written report of the investigation which shall include:
- A description of the circumstances giving rise to the complaint;
- A summary of the testimony provided by each witness, including the complainant, respondent, and any witnesses identified by the complainant in the complaint (unless any are reasonably deemed to be cumulative or not related to the allegations);
- An analysis of any relevant data or other evidence collected during the investigation, including resolving any issues of credibility;
- A specific finding as to whether harassment or discrimination occurred regarding the allegation in the complaint, and whether the respondent is responsible;
- A description of actions taken, if any, to prevent similar problems in the future;
- The proposed resolution of the complaint;
- The rights of the parties to appeal; and
- Any other information deemed appropriate by the investigator.
Within 90 days (unless unusual or complex circumstances exist) of receiving the formal prohibited discrimination/harassment complaint, the investigator will provide the report to the Director of Equal Opportunity & Title IX Compliance, the Complainant (and their advisor if applicable), and the Respondent (and their advisor if applicable).
If the investigator does not determine that the Respondent violated this Policy (or other applicable policies), the decision will be considered final and appealable.
If the investigator determines that the Respondent violated this Policy (or any other applicable policies), the Director of Equal Opportunity & Title IX Compliance will provide a copy of the report to the appropriate Administrator, based on the jurisdiction of the Respondent, for review:
- For students, this is the Dean of Students;
- For employees, this is the Vice President of Human Resources and/or the Vice President of Academic Affairs
Review by the appropriate administrator includes reviewing the investigation report and may also include speaking to the investigator, the Complainant, and/or the Respondent. The purpose of this review is not to re-investigate or re-decide the matter, but is to collect necessary information to determine the necessity and scope of potential sanctions or other actions that the College may take in order to remediate and prevent future occurrences of harassment and discrimination. Once the administrator has determined the appropriate sanction or outcome, the decision is considered final and appealable.
Student Sanctions
In accordance with Centre College’s student disciplinary procedures, the Centre College may impose sanctions such as verbal reprimands, voluntary enrollment in seminars pertaining to prohibited discrimination, written reprimands, dismissal from class and/or other Centre College activities, or suspension or expulsion from Centre College, depending upon the severity of the act.
Employee Sanctions
In accordance with Centre College’s policies and procedures applicable to employees, Centre College may impose sanctions such as verbal reprimands, voluntary enrollment in seminars pertaining to prohibited discrimination, written reprimands, demotions, suspensions with or without pay, and termination of employment.
Interim Suspensions
In extraordinary circumstances, where potentially serious and immediate harm may result to persons affiliated with Centre College, the Director of Equal Opportunity & Title IX Compliance may consult with the appropriate Vice President, or designee, about interim measures, consistent with applicable law and College policy, temporarily to relieve, reassign, or remove employees from their current position/environment during or after the investigation period. The Director of Equal Opportunity & Title IX Compliance may similarly work with the Dean of Student, or designee, regarding a student for the temporary suspension of privileges, relocation of residential living assignment, class assignment change, or other interim measures, consistent with applicable law and College policy.
Appeal Rights
The parties have appeal rights that they may exercise if they are not satisfied with the results of Centre College’s final decision. Each party may file an appeal with the Director of Equal Opportunity & Title IX Compliance, according to the terms in this section and solely on these grounds:
- New evidence could have affected the decision that was not reasonably known at the time of the decision;
- The investigation or decision exhibited prejudice, bias, or other unfair treatment that materially affected the outcome;
- The sanction is disproportionate to the violations; or
- The College’s stated procedures were not followed, and such a procedural error materially affected the outcome.
Appeals may only be made after the decision is final, as outlined above. At the time the final decision is communicated to the parties in writing, the Director of Equal Opportunity & Title IX Compliance shall notify the parties of their appeal rights:
- The appealing party must submit all appeals in writing within 10 calendar days of receiving the decision to the Director of Equal Opportunity & Title IX Compliance who will then transmit the appeal to the Appeal Panel. The Appeal Panel will review the original complaint, the investigative report, the administrative determination, and the appeal.
- The Appeal Panel will issue a final decision normally within 14 days after receiving the appeal.
In any case involving employment discrimination, the complainant may file a complaint with the EEOC or state agency where the case is within the jurisdiction of that agency.
Extensions
If, for reasons beyond its control, Centre College cannot comply with the deadlines specified in this policy, the Discrimination & Harassment Officer will notify each party in writing and shall specify the anticipated revised timeframe.
Confidentiality
Investigative processes can best be conducted within a confidential climate. Therefore, Centre College does not reveal information about such matters except as necessary to fulfill its legal obligations and to those who have a legitimate need to know.
Potential complainants are sometimes reluctant to pursue a complaint if their names will be revealed. The inability to reveal the name of a complainant or facts likely to reveal the identity of the complainant can severely limit the ability of Centre College to respond. Complainants must also recognize that respondents are entitled to present their side, and this right may be jeopardized if Centre College is prohibited from revealing the name of the complainant or facts likely to disclose the identity of the complainant.
Disclosure of Investigation Results
When an investigation reveals the need for disciplinary action, the complainant may wish to have information about what disciplinary actions Centre College took. However, the privacy rights of the persons involved often prevent Centre College from providing such information. Disciplinary actions are generally considered confidential.
However, the complainant will be notified that:
- The investigation has been completed;
- Each of the issues raised has been reviewed; and
- Appropriate action is being taken (depending on the circumstances, it may or may not be appropriate to inform the complainant of the specific actions being taken).
In the case of crimes of violence, the College may disclose of the results of any disciplinary proceeding to the alleged victim., consistent with applicable law.
VI. Notice, Training, and Education for Students and Employees
The Discrimination & Harassment Officer should arrange or provide training to employees and students on Centre College’s prohibited discrimination, harassment and retaliation policy and procedures. Employees will be provided with a copy (via the College’s Website) of Centre College’s policy on prohibited discrimination at the beginning of the academic year after the policy is adopted.
Centre College will provide training to employees and a copy (via College Website) of the prohibited discrimination, harassment, and retaliation policies and procedures during the first year of their employment.
A training program or informational services will be made available to all students at least once annually. The student training or informational services will include an explanation of the policy, how it works, and how to file a complaint. In addition, a copy of Centre College’s written policy on prohibited discrimination, as it pertains to students, will be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session.
Any employee, volunteer, student, or vendor who interferes with an investigation conducted by or on behalf of Centre College or an investigation at Centre College by federal, state, or local law enforcement agencies, will be subject to disciplinary action, including termination, expulsion, removal from campus and/or cancellation of contract.
Any employee, volunteer, student, vendor, or applicant who knowingly provides false information or intentionally withholds information during an investigation conducted by or on behalf of Centre College or an investigation at Centre College by federal, state, or local law enforcement agencies, may be subject to disciplinary action, including termination, expulsion, removal from campus, and/or cancellation of contract.