These procedures apply to the University community requesting to file a discrimination
and harassment complaint, including a complaint of sexual harassment.
Process
Prompt Reporting: The University will make every effort to promptly investigate and
resolve complaints of discrimination and harassment.
Because it is in the best interest of all concerned to expeditiously deal with allegations
of discrimination and harassment, students and employees, including faculty and staff,
are strongly encouraged to make reports or complaints within 180 days from date of
incident.
Managers and supervisors receiving reports of discrimination and harassment are required
to report such incidences to the Director of Human Resources Management who will advise
on procedures and required action. In the case of complaints against students, incidences
should be reported to the Office of the Vice President for Campus Life and Inclusive
Excellence.
Some behaviors of a sexual nature do violate criminal laws and, as such, individuals
should feel free to discuss any behaviors of a sexual nature with the University Police
Department.
Where to Make Complaints
Complaints Against Students Any complaint against a student should be directed to the attention of the Office
of the Vice President for Campus Life & Inclusive Excellence and will be handled in
accordance with the procedures of the Student Code of Conduct.
Complaints Against Employees or Visitors Any complaint against a University employee, including faculty and staff, or any individual
other than a student should be reported to the Director of Human Resource Management
and will be handled in accordance with the procedures stated in this policy. In cases
where appropriate, or in the absence of the Director of Human Resource Management,
the President may designate an individual to receive complaints and perform other
responsibilities provided hereafter in this policy.
Complaints Against the President Any complaint against the University President should be reported to The Office of
the Chancellor: Pennsylvania State System of Higher Education, Center for Diversity
and Educational Leadership, Dixon University Center, 2986 North Second Street, Harrisburg,
Pennsylvania 17110.
Complaints Against the Director of Human Resource Management Any complaint against the Director of Human Resource Management should be reported
to the vice President for Administration and Finance and will be handled in accordance
with the procedures stated in this policy.
Anonymous Complaints Unsigned written or anonymous complaints will be addressed and investigated as warranted;
however, complaints of this nature may have limited merit because of the inability
to adequately investigate them. Therefore, individuals who have complaints of discrimination
and harassment are encouraged to come forward.
The Role of Advisers
If appropriate, an accuser or accused may be accompanied by a member of the University
community or a union representative who may advise and assist the accuser throughout
the complaint process.
If the accuser or accused is a University employee and a member of a union, the adviser
must be an individual from within accuser's or accused's union.
An accuser or accused and an adviser may consult with each other, but the adviser
may not speak for or on behalf of the accuser or accused during the process.
Legal counsel may not act in the capacity of an adviser.
Voluntary Meetings
During the accuser's process, whether formal or informal, any face-to-face meeting
between the accuser and the accused will be voluntary.
Confidentiality and Due Process
The University has a duty to investigate and respond to allegations of discrimination
and cannot guarantee confidentiality once allegations are disclosed to University
officials.
During the accuser process the University will make every effort to ensure confidentiality
and protect the due process rights of the accuser(s) and the accused.
In appropriate cases, the University may need to proceed with an investigation over
the objection of the accuser.
Counseling
Arrangements can be made for students of the University to receive counseling from
the Department of Counseling and Psychological Services (CAPS).
Employees may seek help through the State Employee Assistance Program (SEAP) by calling
(800) 692-7459.
Informal Complaint Procedure
The Office of Human Resource Management has primary responsibility for resolving discrimination
and harassment complaints regarding University employees. The Office of the Vice President
for Campus Life and Inclusive Excellence has primary responsibility for discrimination
and harassment complaints regarding students.
The Director of Human Resource Management or their designee, or the Vice President
for Campus Life and Inclusive Excellence or their designee for complaints regarding
student, may elect to initiate an informal complaint procedure at the time of filing
either an oral or written complaint.
Informal complaint procedures may involve efforts to mediate a resolution between
the accuser and accused..
Informal complaint procedures afford all interested persons an opportunity to respond
and submit information and documentation regarding the allegations.
The internal investigation process may vary on a case by case basis, but will include:
acknowledging the receipt of the complaint within ten (10) business days (notwithstanding
extenuating circumstances); providing an explanation of the process and anticipated
time frame for action; and notifying the accused of the complaint and providing an
opportunity to respond to the allegations.
No formal findings or discipline will result from the informal complaint procedure.
If informal complaint procedures are unsuccessful at resolving the allegations, the
Director of Human Resource Management or their designee, or the Vice President for
Campus Life and Inclusive Excellence or their designee for complaints regarding students
may initiate a formal complaint procedure to reach a determination on the merits of
the allegations.
Formal Complaint Procedure
The following guidelines will apply if the informal complaint procedure is not elected
by the Director of Human Resource Management, or the Vice President for Campus Life
and Inclusive Excellence or their designee for complaints regarding students, or if
the parties are unable to reach a satisfactory resolution:
The Office receiving the complaint will acknowledge in writing complaints filed or
allegations of discrimination or harassment brought to its attention within ten (10)
business days (notwithstanding extenuating circumstances), informing complainants
of the process and anticipated time frame for action.
The Director of Human Resources Management will be notified in writing of employee's
be they, an accuser or accused, participating in the investigation process. The accused
will be provided with a copy of the written complaint, a copy of this procedure, policy,
sample response form, and an explanation of the process and anticipated time frame
for action. The accused is provided an opportunity and has the option to respond and
submit a document response to the complaint within ten (10) business days. The Director
of Human Resource Management or their designee (Or the Vice President for Campus Life
and Inclusive Excellence or their designee for complaints regarding students) will
acknowledge in writing the date of receipt of respondent's response. The formal complaint
process will include an investigation, the scope of which will be determined by the
Director of Human Resource Management or their designee (Or the Vice President for
Campus Life and Inclusive Excellence or their designee for complaints regarding students).
Investigations will include, but are not limited to, accessing and reviewing records,
interviewing the accuser), the accused and others who may have relevant information,
note taking and dating of documents received will occur. The Investigator incorporates
information into an Investigation Report.
The investigation is not intended to interfere with any rights of an individual under
state or federal law, nor rights under an applicable collective bargaining agreement.
The Director of Human Resource Management or their designee (Or the Vice President
for Campus Life and Inclusive Excellence or their designee for complaints regarding
students) will make a preliminary determination as to whether the allegations in the
complaint, if proven, would constitute a violation of this policy.
Upon completion of the Investigation Report, the accused and the accuser will be given
the opportunity to review the Investigation Report (note taking is permitted, photocopying
is prohibited).
Both accuser and accused will have the opportunity to respond in writing to an Investigation
Report within ten (10) business days.
The Investigation Report and any additional responses from accuser and accused will
be forwarded to the appropriate Vice President or the President for final determination
of whether a violation of this policy has occurred.
Within ten (10) business days, the Vice President or President will send a determination
letter to accuser and accused. Copies of the determination letters will be given to
the Director of Human Resource Management or Vice President of Campus Life and Inclusive
Excellence as appropriate.
If there is insufficient information to warrant a finding of a violation of this policy,
accuser and the accused will be notified by the appropriate Vice President or the
President that no violation of this policy has occurred and the complaint will be
closed.
If the appropriate Vice President or the President determines that a violation of
this policy has occurred, appropriate discipline may be initiated. The University
will make every effort to ensure the discrimination and harassment immediately stops
and does not recur.
Accusers will be informed of the corrective measures taken to prevent such recurrences.
If it appears that there may be a violation of another University policy, the matter
will be referred to the appropriate Vice President or the President.
As appropriate, the Director of Human Resource Management (Or the Vice President for
Campus Life and Inclusive Excellence or their designee for complaints regarding students)
conducts follow-up on the determination recommendations after which point the case
will be closed.
Individuals are encouraged to use the complaint procedures in this policy but are
not required to do so and may choose to pursue other civil and legal options.
University employees may choose to pursue the complaint through their appropriate
collective bargaining agreement grievance procedures.
Students and employees may choose to make use of the procedures of external agencies
listed below.
The procedures set forth in this policy are not intended to interfere with any legal
rights provided under the statutes of the Commonwealth of Pennsylvania or the United
States of America.
In addition, the procedures set forth in this policy are not intended to interfere
with any rights an employee may have under their appropriate collective bargaining
agreement.
History
Discrimination and Harassment & Sexual Harassment Procedure, 87-2, 4/20/87; revised
04/23/14; revised 6/25/21
Discrimination and Harassment Policy, 87-1 Rev, 11/3/97; Rev. 6/25/21
These procedures apply to the University community requesting to file a discrimination
and harassment complaint, including a complaint of sexual harassment.
Process
Prompt Reporting: The University will make every effort to promptly investigate and
resolve complaints of discrimination and harassment.
Because it is in the best interest of all concerned to expeditiously deal with allegations
of discrimination and harassment, students and employees, including faculty and staff,
are strongly encouraged to make reports or complaints within 180 days from date of
incident.
Managers and supervisors receiving reports of discrimination and harassment are required
to report such incidences to the Director of Human Resources Management who will advise
on procedures and required action. In the case of complaints against students, incidences
should be reported to the Office of the Vice President for Campus Life and Inclusive
Excellence.
Some behaviors of a sexual nature do violate criminal laws and, as such, individuals
should feel free to discuss any behaviors of a sexual nature with the University Police
Department.
Where to Make Complaints
Complaints Against Students Any complaint against a student should be directed to the attention of the Office
of the Vice President for Campus Life & Inclusive Excellence and will be handled in
accordance with the procedures of the Student Code of Conduct.
Complaints Against Employees or Visitors Any complaint against a University employee, including faculty and staff, or any individual
other than a student should be reported to the Director of Human Resource Management
and will be handled in accordance with the procedures stated in this policy. In cases
where appropriate, or in the absence of the Director of Human Resource Management,
the President may designate an individual to receive complaints and perform other
responsibilities provided hereafter in this policy.
Complaints Against the President Any complaint against the University President should be reported to The Office of
the Chancellor: Pennsylvania State System of Higher Education, Center for Diversity
and Educational Leadership, Dixon University Center, 2986 North Second Street, Harrisburg,
Pennsylvania 17110.
Complaints Against the Director of Human Resource Management Any complaint against the Director of Human Resource Management should be reported
to the vice President for Administration and Finance and will be handled in accordance
with the procedures stated in this policy.
Anonymous Complaints Unsigned written or anonymous complaints will be addressed and investigated as warranted;
however, complaints of this nature may have limited merit because of the inability
to adequately investigate them. Therefore, individuals who have complaints of discrimination
and harassment are encouraged to come forward.
The Role of Advisers
If appropriate, an accuser or accused may be accompanied by a member of the University
community or a union representative who may advise and assist the accuser throughout
the complaint process.
If the accuser or accused is a University employee and a member of a union, the adviser
must be an individual from within accuser's or accused's union.
An accuser or accused and an adviser may consult with each other, but the adviser
may not speak for or on behalf of the accuser or accused during the process.
Legal counsel may not act in the capacity of an adviser.
Voluntary Meetings
During the accuser's process, whether formal or informal, any face-to-face meeting
between the accuser and the accused will be voluntary.
Confidentiality and Due Process
The University has a duty to investigate and respond to allegations of discrimination
and cannot guarantee confidentiality once allegations are disclosed to University
officials.
During the accuser process the University will make every effort to ensure confidentiality
and protect the due process rights of the accuser(s) and the accused.
In appropriate cases, the University may need to proceed with an investigation over
the objection of the accuser.
Counseling
Arrangements can be made for students of the University to receive counseling from
the Department of Counseling and Psychological Services (CAPS).
Employees may seek help through the State Employee Assistance Program (SEAP) by calling
(800) 692-7459.
Informal Complaint Procedure
The Office of Human Resource Management has primary responsibility for resolving discrimination
and harassment complaints regarding University employees. The Office of the Vice President
for Campus Life and Inclusive Excellence has primary responsibility for discrimination
and harassment complaints regarding students.
The Director of Human Resource Management or their designee, or the Vice President
for Campus Life and Inclusive Excellence or their designee for complaints regarding
student, may elect to initiate an informal complaint procedure at the time of filing
either an oral or written complaint.
Informal complaint procedures may involve efforts to mediate a resolution between
the accuser and accused..
Informal complaint procedures afford all interested persons an opportunity to respond
and submit information and documentation regarding the allegations.
The internal investigation process may vary on a case by case basis, but will include:
acknowledging the receipt of the complaint within ten (10) business days (notwithstanding
extenuating circumstances); providing an explanation of the process and anticipated
time frame for action; and notifying the accused of the complaint and providing an
opportunity to respond to the allegations.
No formal findings or discipline will result from the informal complaint procedure.
If informal complaint procedures are unsuccessful at resolving the allegations, the
Director of Human Resource Management or their designee, or the Vice President for
Campus Life and Inclusive Excellence or their designee for complaints regarding students
may initiate a formal complaint procedure to reach a determination on the merits of
the allegations.
Formal Complaint Procedure
The following guidelines will apply if the informal complaint procedure is not elected
by the Director of Human Resource Management, or the Vice President for Campus Life
and Inclusive Excellence or their designee for complaints regarding students, or if
the parties are unable to reach a satisfactory resolution:
The Office receiving the complaint will acknowledge in writing complaints filed or
allegations of discrimination or harassment brought to its attention within ten (10)
business days (notwithstanding extenuating circumstances), informing complainants
of the process and anticipated time frame for action.
The Director of Human Resources Management will be notified in writing of employee's
be they, an accuser or accused, participating in the investigation process. The accused
will be provided with a copy of the written complaint, a copy of this procedure, policy,
sample response form, and an explanation of the process and anticipated time frame
for action. The accused is provided an opportunity and has the option to respond and
submit a document response to the complaint within ten (10) business days. The Director
of Human Resource Management or their designee (Or the Vice President for Campus Life
and Inclusive Excellence or their designee for complaints regarding students) will
acknowledge in writing the date of receipt of respondent's response. The formal complaint
process will include an investigation, the scope of which will be determined by the
Director of Human Resource Management or their designee (Or the Vice President for
Campus Life and Inclusive Excellence or their designee for complaints regarding students).
Investigations will include, but are not limited to, accessing and reviewing records,
interviewing the accuser), the accused and others who may have relevant information,
note taking and dating of documents received will occur. The Investigator incorporates
information into an Investigation Report.
The investigation is not intended to interfere with any rights of an individual under
state or federal law, nor rights under an applicable collective bargaining agreement.
The Director of Human Resource Management or their designee (Or the Vice President
for Campus Life and Inclusive Excellence or their designee for complaints regarding
students) will make a preliminary determination as to whether the allegations in the
complaint, if proven, would constitute a violation of this policy.
Upon completion of the Investigation Report, the accused and the accuser will be given
the opportunity to review the Investigation Report (note taking is permitted, photocopying
is prohibited).
Both accuser and accused will have the opportunity to respond in writing to an Investigation
Report within ten (10) business days.
The Investigation Report and any additional responses from accuser and accused will
be forwarded to the appropriate Vice President or the President for final determination
of whether a violation of this policy has occurred.
Within ten (10) business days, the Vice President or President will send a determination
letter to accuser and accused. Copies of the determination letters will be given to
the Director of Human Resource Management or Vice President of Campus Life and Inclusive
Excellence as appropriate.
If there is insufficient information to warrant a finding of a violation of this policy,
accuser and the accused will be notified by the appropriate Vice President or the
President that no violation of this policy has occurred and the complaint will be
closed.
If the appropriate Vice President or the President determines that a violation of
this policy has occurred, appropriate discipline may be initiated. The University
will make every effort to ensure the discrimination and harassment immediately stops
and does not recur.
Accusers will be informed of the corrective measures taken to prevent such recurrences.
If it appears that there may be a violation of another University policy, the matter
will be referred to the appropriate Vice President or the President.
As appropriate, the Director of Human Resource Management (Or the Vice President for
Campus Life and Inclusive Excellence or their designee for complaints regarding students)
conducts follow-up on the determination recommendations after which point the case
will be closed.
Individuals are encouraged to use the complaint procedures in this policy but are
not required to do so and may choose to pursue other civil and legal options.
University employees may choose to pursue the complaint through their appropriate
collective bargaining agreement grievance procedures.
Students and employees may choose to make use of the procedures of external agencies
listed below.
The procedures set forth in this policy are not intended to interfere with any legal
rights provided under the statutes of the Commonwealth of Pennsylvania or the United
States of America.
In addition, the procedures set forth in this policy are not intended to interfere
with any rights an employee may have under their appropriate collective bargaining
agreement.
History
Discrimination and Harassment & Sexual Harassment Procedure, 87-2, 4/20/87; revised
04/23/14; revised 6/25/21
Discrimination and Harassment Policy, 87-1 Rev, 11/3/97; Rev. 6/25/21
Contact Us
The Office of the President should be contacted with questions concerning this website
or the policies listed on it.
