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Moravian College
Institutional Policies

Harassment

Moravian College is committed to providing a campus community in which all members are treated with respect and dignity and which is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive. The College prohibits harassment based upon race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, veteran status, mental or physical disability, use of guide or support animals and/or mechanical aids, or any other basis protected by applicable federal, state, or local laws. It is also unlawful to retaliate against a member of the campus community for filing a complaint or for cooperating in an investigation of harassment.

This policy applies to all members of the community, which for purposes of this policy includes, but is not limited to, employees, students, trustees, independent contractors, consultants, leased employees, visitors, and others working on institutional premises or with institutional employees or students. The scope of this policy includes, but is not limited to, all settings in which members of the campus community may find themselves in connection with their employment, education, or other institutionally related activities, such as off-site meetings, conferences, social events, etc., including time spent traveling and socializing on the way to and from, and while at, such events. It also extends to other interactions between or among members of the campus community to the extent that a community member's right to a campus community free from harassment is involved.

The institution will not tolerate harassment of or retaliation against its employees, students, or any other members of the campus community by anyone, including other members of the community. Furthermore, the institution will also attempt to protect its community members from harassment by others who may be encountered within the community, such as vendors, customers, and service employees.

For administrators and support staff, the vice president for human resources is responsible for overseeing the implementation of this policy; for faculty, the provost and dean of the faculty; and for students, the vice president for student affairs.

Definition of Harassment

The institution will not tolerate harassment of any community member based upon membership in a protected class by any other member of the community or others with whom community members interact in connection with employment, education, or other institutionally related activities.

Harassment consists of unwelcome conduct, whether verbal, physical, or visual, including stalking or cyberstalking, based on a person's protected status, such as race, color, sex, religion, ancestry, genetic information, national origin, sexual orientation, gender identity or expression, familial status, marital status, age, veteran status, mental or physical disability, use of guide or support animals and/or mechanical aids, or any other basis prohibited by federal, state, or local law; and which has the effect of interfering unreasonably with another's work or academic performance, or creating an intimidating, offensive, or hostile environment.

Harassing conduct includes, but is not limited to: slurs; negative stereotyping; ethnic jokes; offensive written or graphic material; display of offensive objects; or threatening, intimidating, or hostile acts that denigrate or show hostility or aversion toward an individual or group because of actual or perceived membership in a protected group.

Note that conduct as described elsewhere in this handbook may not be sufficiently severe or pervasive to constitute harassment in the legal sense. However, the institution considers any conduct of this nature to be inappropriate within the campus community, and complaints concerning such conduct should be brought to the institution's attention as set forth below.

Retaliation

No community member will be subject to retaliation for making a complaint of harassment, cooperating with the investigation of such a complaint, or otherwise opposing unlawful harassment.

Reporting Complaints of Harassment or Retaliation

Because the institution takes allegations of harassment or retaliation seriously, it will respond promptly to complaints of such behavior. The institution strongly encourages any members of the community who believe they have been the target of harassment to report the incident promptly, in writing. All supervisory employees (including those supervising students) have a duty to report workplace harassment of any type under Title VII. In addition, every member of the community is strongly encouraged to report, in writing, any such conduct observed, no matter who the target. A prompt written report will enable the institution to respond rapidly in investigating the allegations and, where it is determined that harassment has occurred, take the necessary steps to eliminate objectionable conduct or conditions and impose corrective action, where appropriate.

Should any community member believe they are being harassed, they may wish to notify the offender directly and immediately that the behavior is unwelcome and offensive and must stop. However, if for any reason a community member does not wish to discuss the matter directly with the offender or if the discussion does not successfully end the behavior, it is the community member's duty to report the conduct immediately. The institution is committed and may be required by law to take action if it learns of potential harassment, even if the reporting party does not wish to file a formal complaint.

The role of the responding party (respondent) will determine the appropriate place to report.  Issues concerning administrators or support staff should be reported to the vice president for human resources or their designee; issues concerning faculty should be reported to the provost or their designee; issues concerning students should be reported to the vice president for student affairs or their designee. If for any reason the reporting party (complainant) is not comfortable reporting the conduct to the designated individual, they may contact the assistant director of human resources or any other vice president.

The Office of Human Resources, 610 861-1527, is available to discuss general concerns and provide information about this policy and the complaint process.

Investigation

A complaint of harassment will be investigated in a thorough, timely, and equitable manner. To the extent practicable, care will be taken to protect the identity of all parties to the complaint, consistent with a thorough and appropriate investigation.

Institutional investigation will include private interviews with the complainant, any witnesses, and the respondent. It is vital for all parties to refrain from discussing any and all aspects of the investigation, whether on or off campus. If the investigation determines that harassment has occurred, the institution will act promptly to eliminate the offending conduct and impose corrective action where appropriate. After the decision, the complainant and the respondent will be informed of the results of the investigation and any corrective action to be taken. However, the complainant may not be informed of the specifics of any disciplinary action imposed upon the respondent to the extent that this might be an invasion of privacy.

False statements made by any party in connection with a complaint of harassment or during an investigation will result in corrective action, up to and including termination of the individual’s relationship with the institution.

Resolution

Employees: If it is determined that harassment has occurred, corrective action may range from a verbal warning and counseling to termination of employment, and may include such other forms of corrective action as the institution deems appropriate. This process is outlined in detail in the Employee Handbook and Faculty Handbook.

Students: If it is determined that harassment has occurred, corrective action may range from a written warning to expulsion, and may include such other forms of corrective action as the institution deems appropriate. This process is outlined in detail under the Conduct Process.

Questions regarding this policy should be directed to Human Resources, conradj@moravian.edu.