Policy AD85 - DISCRIMINATION, HARASSMENT, SEXUAL HARASSMENT AND RELATED INAPPROPRIATE CONDUCT

Policy Steward: Vice President for Administration

Contents:

  • Purpose
  • Policy
  • Definitions
  • Addressing Complaints
  • Sanctions
  • Amnesty for Student Drug or Alcohol Possession and Consumption Violations
  • Additional Services for Victims
  • Reporting Prohibited Activity
  • Free Expression and Academic Freedom
  • External Complaints
  • Further Information
  • Cross References

  • PURPOSE:

    To establish the University’s policy prohibiting discrimination, harassment in all forms, sexual misconduct, relationship violence and retaliation related to reports of such conduct.

    POLICY STATEMENT:

    The University is committed to equal access to programs, facilities, admission and employment for all persons.  It is the policy of the University to maintain an environment free of harassment and free of discrimination against any person because of age, race, color, ancestry, national origin, religion, creed, service in the uniformed services (as defined in state and federal law), veteran status, sex, sexual orientation, marital or family status, pregnancy, pregnancy-related conditions, physical or mental disability, gender, perceived gender, gender identity, genetic information or political ideas.  Discriminatory conduct and harassment, as well as sexual misconduct and relationship violence, violates the dignity of individuals, impedes the realization of the University’s educational mission, and will not be tolerated.

    This policy shall not be construed to restrict academic freedom at the University, nor shall it be to restrict constitutionally protected expression.

    Conduct prohibited by this policy may also violate Title IX and Title VII, and other applicable federal and state law. Dr. Kenneth Lehrman III, Vice Provost for Affirmative Action is the Title IX Coordinator.  Deputy Title IX Coordinators include Danny Shaha, Senior Director of the Office of Student Conduct and Kim Lantz Yoder, Equity Officer, Penn State College of Medicine.  Additional information about how to contact these individuals, or to otherwise pursue or report a violation of this Policy, is set forth below.

    DEFINITIONS:

    ADDRESSING COMPLAINTS:

    Concerns about conduct by a student or student group that may violate this policy may be reported to:

    Danny Shaha, Senior Director, Office of Student Conduct and Deputy Title IX Coordinator
    120 Boucke Building, University Park, PA 16802
    Phone:  (814) 863-0342
    Email: jds49@psu.edu

    Concerns about conduct by an employee or third-party that may violate this policy, should be reported to the Affirmative Action Office / Title IX Coordinator at:

    Dr. Kenneth Lehrman III, Vice Provost for Affirmative Action and Title IX Coordinator
    328 Boucke Building, University Park, PA 16802
    Phone:  (814) 863-0471
    Email:  kfl2@psu.edu

    Concerns about conduct by a student or student group may also be reported to the Title IX Coordinator in addition to or in lieu of contacting the Deputy Title IX Coordinator.

    Concerns about conduct by an employee, third-party or student at the Penn State College of Medicine that may violate this policy should be reported to the College Deputy Title IX Coordinator at:

    Kim Lantz Yoder, Equity Officer
    Office for Diversity, C1747N
    Penn State College of Medicine, 500 University Drive, Hershey, PA  17033-0850
    Phone: (717) 531-0003 ext. 283353
    Email: kyoder1@psu.edu

    Concerns about conduct by an employee, third party or student at the Penn State School of Law that may violate this policy should be reported to the Affirmative Action Office / Title IX Coordinator at:

    Dr. Kenneth Lehrman III, Vice Provost for Affirmative Action and Title IX Coordinator
    328 Boucke Building, University Park, PA 16802
    Phone:  (814) 863-0471
    Email:  kfl2@psu.edu

    Concerns about conduct by an employee, third party or student at any Commonwealth Campus or other University Location should follow the reporting procedures set forth above and on the Title IX Website.

    Prompt and equitable corrective measures will be taken to stop discrimination or harassment, to remedy the effects of the discrimination or harassment, and to prevent future instances of discrimination and harassment.  The Title IX Procedures Document, available at the University’s Title IX website, http://www.psu.edu/dept/title-ix/, and the Office of Student Conduct Procedures document sets forth in detail the University’s procedures for resolving complaints of discrimination and harassment (including sexual harassment, stalking, dating violence and domestic violence) and for complaints involving crimes of violence (including sexual assault, rape, and aggravated assault) brought against students.

    The Affirmative Action Office Website (http://www.psu.edu/dept/aaoffice/ ) sets forth in detail the University’s procedures for resolving complaints of discrimination and harassment (including sexual harassment) and for complaints involving crimes of violence (including sexual assault, rape, relationship violence, and stalking) brought against third parties and non-student employees of the University.

    SANCTIONS:

    Against Students:  Disciplinary sanctions for student violations of this policy will be imposed in accordance with the “Code of Conduct & Student Conduct Procedures Manual".  Sanctions may include expulsion.

    Against Employees: Disciplinary sanctions for employee violations of this policy, which may range from a disciplinary warning to termination from the University, will be imposed in accordance with applicable University policies.

    AMNESTY FOR STUDENT DRUG OR ALCOHOL POSSESSION AND CONSUMPTION VIOLATIONS:

    The University 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 University disciplinary action for their own drug or alcohol possession or consumption in connection with the reported incident.

    ADDITIONAL SERVICES FOR VICTIMS:

    Primary care services and/or appropriate referrals to community services will be provided to victims of sexual violence, dating violence, domestic violence and/or stalking.  Information about how to best support and identify available services for students and/or employees at all University campuses and locations may be accessed at http://www.psu.edu/dept/title-ix/ and the Affirmative Action Office website.  Confidential and non-confidential resources are available and listed on the websites.

    REPORTING ACTIVITY PROHIBITED BY THIS POLICY:

    Employees should immediately report incidents of discrimination, harassment, sexual harassment, sexual misconduct, dating violence, domestic violence, stalking and retaliation to the Title IX Coordinator, the Affirmative Action Office, the Office of Student Conduct and/or Penn State University Police & Public Safety.   The Title IX website provides a form and mechanism for reporting these violations.  (See http://www.psu.edu/dept/title-ix/).   Regardless of the nature of the underlying incident, if there is any danger to person or property, you are strongly encouraged to additionally, and first, report the incident to the applicable police or public safety department.

    If the apparent victim is under the age of 18 at the time of the offense and there is any potential of child abuse, University employees should also consult University Policy AD72, Reporting Suspected Child Abuse, which addresses the procedure for mandatory reporting of suspected child abuse.

    FREE EXPRESSION AND ACADEMIC FREEDOM:

    The University is committed to its long-standing tradition of academic freedom and free expression.  The University is an institution whose members may express themselves, while protecting and respecting the rights of others to learn, to do research, and to carry out the essential functions of the University free from interference or obstruction.  When addressing complaints of violations of this policy, the University will take all permissible actions to respond appropriately while respecting the rights of free expression and academic freedom.  See HR64, AD47 and AD51.

    EXTERNAL COMPLAINTS:

    The University encourages all individuals with a pertinent complaint to follow the process in this Policy.  However, individuals may always choose to make a discrimination complaint directly with outside agencies, including, but not limited to, the Office for Civil Rights of the U.S. Department of Education based in Philadelphia, the U.S. Equal Employment Opportunity Commission, the Educational Opportunities Section of the Civil Rights Division of the U.S. Department of Justice, or the Pennsylvania Human Relations Commission, Harrisburg Regional Office.  Contact information for these agencies can be found at the Affirmative Action Office website.

    FURTHER INFORMATION:

    For questions, additional detail, or to request changes to this policy, please contact the Office of the General Counsel.

    CROSS REFERENCES:

    Affirmative Action Office Website

    Code of Conduct & Student Conduct Procedures Manual

    Penn State College of Medicine Web Site

    Sexual Harassment and Assault Reporting and Education (SHARE)

    University Title IX Website

    AD29 - Statement on Intolerance,

    AD67 - Disclosure of Wrongful Conduct and Protection From Retaliation

    AD72 - Reporting Suspected Child Abuse

    HR01 - Fair Employment Practices

    HR11 - Affirmative Action in Employment at The Pennsylvania State University

    HR76 - Faculty Rights and Responsibilities

    HR79 - Staff Grievance Procedure


    Effective Date: January 27, 2014
    Date Approved: January 20, 2014
    Date Published: January 27, 2014

    Revision History (and effective dates):

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