Discriminatory Harassment Policy

St. Lawrence University provides for the development of a climate of tolerance and pluralism and prohibits expressive behavior which is intended to be demeaning, intimidating or hostile, communicated verbally, physically or with other communication devices, including telephonic or electronic means.  It is expressly against University policy for any employee or student to engage in discriminatory harassment which is defined as any demeaning, intimidating or hostile verbal, physical or symbolic behavior that is based on race, religion, ethnicity, age, gender, national origin, marital or veteran status, disability or sexual orientation, and has the effect of interfering with a reasonable person’s academic or work performance or of creating, as experienced by a reasonable person, an intimidating or hostile situation or environment.  Such behaviors include, but are not limited to, the use of slurs, epithets, gestures, demeaning jokes or derogatory stereotypes.

This policy is not intended to proscribe, and should not limit free discussion of, the merits of any issue relating to ethnic, racial, religious or other multicultural difference or open inquiry into any material or issue relevant to the academic content of a course.

Not all offensive conduct or language that might be derogatory concerning an individual or group necessarily constitutes discriminatory harassment.  Whether a specific act does in fact constitute discriminatory harassment must be determined on a case-by-case basis in light of all relevant circumstances.

If you believe you have experienced or are experiencing discriminatory harassment, talk to the person or persons who may be responsible for the problem.  If that is not possible, or doesn’t work, speak to someone for help or advice.

If you are a student you may speak to your academic advisor, the chairperson of the department, any staff member in student life, particularly Residence Life, security, counseling, or the Associate Dean of Student Life or to the Special Assistant for Equity Programs.  If you are an employee, speak with the human resources office, the vice president or dean of that area (academic affairs, administrative operations, admissions and financial aid, business and finance, student life, university advancement), the equity programs office or the multicultural affairs office.  Formal complaints of alleged discriminatory harassment are heard by the Discriminatory Harassment Hearing Board, which is described in the Student Handbook and on the Human Resources page of the SLU website as well as a Section 504/ADA Grievance Procedure for complaints relative to those regulations. For more information about the DHHB or other venues for complaints, contact the Special Assistant for Equity Programs in Vilas G1, 229-5584.

Retaliatory action of any kind (such as, but not exclusive to adverse action vis-à-vis  standing in employment or student status, adverse decisions re salary, job performance or student performance, or adverse action taken re opportunity for advancement for an employee or student) taken by any employee (e.g., department head, supervisor, and co-worker) or student against any other employee or student as a result of that person’s seeking redress through an appropriate means, including under the procedures of the DHHB, cooperating in any appropriate inquiry in the matter, or otherwise participating in any proceedings under the procedures of the DHHB is prohibited. Any such retaliatory action can be the basis for a separate complaint.

Any person may also contact outside authorities to file complaints. External agency rules, or procedures internal to St. Lawrence University, may obviate further internal review in the event a complainant chooses an external route.

HEARING BOARD FOR COMPLAINTS OF DISCRIMINATORY HARASSMENT  (DHHB) (approved by faculty, 10/5/2004)
For response to complaints based on the Discriminatory Harassment Policy found at http://www.stlawu.edu/resources/discharrpolicynew.htm

Composition, Organization and Responsibilities of the Discriminatory Harassment Hearing Board (DHHB)
Jurisdiction:  The DHHB conducts hearings in complaints of alleged discriminatory harassment (complaints based on the Discriminatory Harassment Policy) where both the complainant and the person accused are members of the St. Lawrence University community as active students, faculty, or staff.

Complaints are submitted to and reviewed by the chairperson of the DHHB, or designee*, to determine merit for submission to the DHHB.  A complainant may appeal such a decision on merit: such appeal will be decided by three members of the DHHB other than the original decision maker. The DHHB makes appropriate recommendations, up to and including expulsion or termination, based upon a preponderance of information presented in complaints of discriminatory harassment.

Complaints heard by the DHHB can not be re-heard or simultaneously heard by other university committees or hearing bodies. When complaints of discriminatory harassment are being tried or investigated as possible violations of federal, state or local laws or regulations the DHHB may decide to postpone hearings on the complaint(s) until the external action is resolved.

Contact:  Any member of the St. Lawrence Community may contact the DHHB via the Offices of the Dean of Student Life, the Dean of Academic Affairs, Associate Vice President of Human Resources/Special Assistant to the President for Equity Programs.

Scheduling: The DHHB conducts hearings as soon as possible after receipt of the complaint.  Hearings are scheduled as determined by the reasonable availability of the parties involved, witnesses, members of the DHHB and the chairperson of the DHHB (or a designee* appointed by the chairperson.).

Membership:  The DHHB consists of twelve members of the St. Lawrence University community: five faculty members appointed by Faculty Council, three exempt and one non-union hourly staff member appointed by the President, and three students appointed by Thelmo. Five members of the Board will serve as the Hearing Board for each individual complaint.  The twelve members will meet annually to select a chairperson for the DHHB who will facilitate and monitor all administrative and procedural requirements and perform other administrative duties as determined.  The chairperson of the DHHB or his/her designee*, who must be a member of the board or the Special Assistant, attends all meetings of the DHHB as a non-voting facilitator.  When the chairperson serves as a voting member of a Hearing Board a designee will serve as the facilitator.

*Designee:  when the chairperson is unable to serve the chairperson will appoint a member of the DHHB as acting chairperson, or “designee” or appoint the facilitator of the DHHB to serve.  The facilitator will be the person chosen by the DHHB, most commonly the Special Assistant to the President for Equity Programs, or as selected by the DHHB.

Procedures: 
The DHHB calls witnesses and make recommendations based upon a preponderance of information presented.

The complainant is made aware of his or her rights before the hearing.  These rights are:
a) the right to have a St. Lawrence University student, staff, or faculty member accompany him/her throughout the hearing.  The complainant is not entitled to be accompanied or represented by an attorney-at-law or a non-community member at the hearings or meetings with the DHHB chairperson or designee in preparation for the hearings.
b) the right to provide a personal statement of events.          
c) the right to ask that witnesses relevant to the complaint be called to testify at the hearing.  However, the DHHB may establish a reasonable limit on the number of witnesses and to also place reasonable restrictions on the introduction of any proffered information.
d) the right to appeal.
e) the right to identify one member of the Board, without cause, who is asked to recuse himself/herself and is replaced by another member.           
f) the right to decline to answer a question.  However, the Board proceeds based on the information provided.  Failure to cooperate with the DHHB may be considered by the board in its hearing of the complaint.

The party charged is made aware of his or her rights before the hearings.  These rights are:
a) the right to be informed of the charges in writing, the time and place of the offense and his or her accuser.
b) the right to have a St. Lawrence University student, staff, or faculty member accompany him/her throughout the hearing.  The complainant is not entitled to be accompanied or represented by an attorney-at-law or a non-community member at the hearings or meetings with the DHHB chairperson or designee in preparation for the hearings.          
c) the right to provide a personal statement of events.          
d) the right to ask that witnesses relevant to the complaint be called to testify at the hearing.  However, the DHHB may establish a reasonable limit on the number of witnesses and to also place reasonable restrictions on the introduction of any proffered information.
e) the right to appeal.
f) the right to identify one member of the Board, without cause, who is asked to recuse himself/herself and is replaced by another member.           
g the right to decline to answer a question.  However, the Board proceeds based on the information provided.  Failure to cooperate with the DHHB may be considered by the board in its hearing of the complaint.

Retaliation:  No party to the complaint or person or persons acting on his/her behalf can retaliate against the other party or persons acting on behalf of that party.  Such retaliation can be considered as information by the DHHB in its deliberations.  Retaliatory action of any kind (such as, but not exclusive to adverse action vis-à-vis standing in employment or student status, adverse decisions re salary, job performance or student performance, or adverse action taken re opportunity for advancement for an employee or student) taken by any employee (e.g., department head, supervisor, and co-worker) or student against any other employee or student as a result of that person’s seeking redress under the procedures of the DHHB, cooperating in any inquiry of the DHHB, or otherwise participating in any proceedings under the procedures of the DHHB is prohibited.  Any such retaliatory action can be the basis for a separate complaint.

Summary:  After having heard from each party and relevant witnesses as determined by the Board, and prior to rendering its final decision, a summary of relevant, including conflicting information received by the Board, will be provided each party, who will then have a final opportunity to respond, either in writing or in person, as determined by the Board.  In the course of this process, the identification of witnesses will normally remain confidential unless such identification is reasonably necessary to a party’s ability to respond.

Report: The DHHB issues a written report to the vice president / dean** of both the division of the complainant and the division of the accused within seven (7) calendar days. The DHHB report identifies the complaint, identifies the parties involved, and presents the DHHB’s recommendation(s).  Both vice presidents / deans are free to discuss the hearing with the hearing board and the chairperson [or designee*] who served as facilitator for this complaint.  Within a reasonable time, normally within  seven (7) working days, both vice presidents / deans either accept the recommendation(s) or return the complaint with commentary to the DHHB for reconsideration.  If one or both of the vice presidents/deans return the complaint for reconsideration, the DHHB can either reaffirm its original recommendation or change its original recommendation and resend the complaint with recommendation(s) to both vice presidents / deans. The recommendation(s) must be accepted by both Vice Presidents to be the final decision.  If a final decision is not possible the committee’s recommendation(s) and a statement from each of the Vice Presidents is conveyed to both parties as described in the next sentence, and can be appealed using the appeal procedures.  If the Vice Presidents accept the recommendation(s) a final decision is reached. The chairperson of the DHHB [or designee*] conveys the decision in writing to the complainant and the party charged within a reasonable time, normally within seven (7) calendar days.

** There may be complaints where only one Vice President/Dean is involved [i.e. faculty vs. faculty would involve only the Vice President for Academic Affairs]:  in those situations the process as described is the same, but with only one VP involved. In those situations the third party for an appeal will be another member of the DHHB who was not involved in the original decision.

Appeal: An appeal of the decision must be made in writing to the vice president / dean* of both the division of the complainant and the division of the accused within seven (7) calendar days. Sufficient reasons for an appeal include but are not limited to: improper procedures, new information or unreasonable penalties, inability to reach a final decision acceptable to both vice presidents.  The two vice presidents / deans will meet with a member of the DHHB who has not been involved in the complaint under consideration to serve as the DHHB Appeals Committee. The Appeals Committee will issue a decision responding to the written appeal within a reasonable time, normally ten (10) calendar days after receipt of the appeal.  The Appeals Committee does not rehear DHHB complaints but ensures that the rights of both parties are protected, appropriate procedures are followed, and penalties are reasonable.  The Appeals Committee does have the option, if new information was presented in the appeal, to return the complaint to the original committee for reconsideration.

Further issues:
Students, faculty, or staff who violate sanctions imposed by the DHHB shall be subject to further disciplinary action up to and including termination from the University.

No meeting of the DHHB on a complaint shall be recorded in any way other than the individual notes taken by those present.

Failure to cooperate with requests of the DHHB or directives of the chairperson, or designee*, of the DHHB by either party or persons acting on a party’s  behalf may be dealt with by appropriate disciplinary action and may be considered by the Board in its hearing of the complaint.

Complaints that can not be reasonably heard in Canton, NY, will be dealt with based on a recommendation of the majority of the available DHHB members.

Issues and questions that are not specifically addressed in the above are resolved by a majority vote of the available members [those who are available for consultation within a reasonable time] of the DHHB.