Non-Discrimination Policy

Discrimination, Harassment and Retaliation Reporting Form

Rockhurst University welcomes persons from all backgrounds and beliefs to join our staff and University Community.  We seek to create and foster a sense of community that facilitates the development, both personal and professional, of all our members, including faculty, staff and students.

Consistent with its Jesuit tradition of focus on individual dignity and cura personalis or “Care for the Whole Person,” the University is committed to providing equal opportunities for all persons and does not discriminate or retaliate on the basis of race, color, creed, religion, sex, pregnancy status, sexual orientation, marital status, national origin or ancestry, age, gender, disability, citizenship or intended citizenship status, gender identity, veteran status or any other status protected by law (“protected status”).  This policy extends to admissions, employment, housing, services, and in the other educational programs and activities that the University operates (collectively “programs and activities”).  Harassment, whether verbal, non‑verbal, or physical, that is based on any protected status constitutes a form of discrimination if it denies or limits a person’s ability to participate in or benefit from the University’s programs and activities.  This policy covers employees, students, applicants for employment or admission, contractors, vendors, visitors, guests, and participants in University sponsored programs and activities (collectively, the “University Community”).  The academic or work relationship sometimes extends beyond the University campus.  Therefore, in some situations, this policy may apply to allegations of discrimination or retaliation that occur off campus or during after‑hours functions sponsored by the University.

The University complies with federal, state and local equal opportunity laws and strives to keep the workplace free from all forms of illegal discrimination and retaliation.

As part of its commitment to equal opportunity, the University is committed to providing qualified individuals with disabilities, reasonable accommodation.  Any applicant or employee who requires reasonable accommodation to complete the application process, and/or to perform the essential functions of the job, should contact the Director of Human Resources.  Any student with a disability, who requires assistance to ensure access to educational opportunities, should contact the Associate Dean of Students.

The University has designated its Director of Compliance and Risk Management/Title IX Coordinator to coordinate compliance with discrimination laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Act, Title VI, and the Americans With Disabilities Act.

Questions or concerns arising out of the Equal Employment Opportunity and Anti‑Discrimination Statement can also be raised with a supervisor, the Director of Human Resources, or the Provost and Senior Vice President for Academic Affairs.  Students who have questions or concerns should contact the Vice President for Student Development & Athletics/Dean of Students. Additionally, a person can file a complaint of sex discrimination with the U.S. Department of Education’s Office for Civil Rights by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html or by calling 1‑800‑421‑3481.

POLICY AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION

I.         Commitment to Non‑Discrimination, Non‑Harassment and Non‑Retaliation

The purpose of this policy is to uphold the University’s mission in preserving the fundamental dignity and rights of all individuals involved in campus activities.  Discrimination, harassment and retaliation on the basis of protected status see the Equal Employment Opportunity And Anti‑Discrimination Statement for a definition of “protected status”) are strictly prohibited.  Such conduct is contrary to the education and employment values of Rockhurst University.  Persons who engage in such conduct are subject to discipline up to and including termination or dismissal.

Preventing prohibited discrimination, harassment and retaliation is the responsibility of all members of the University Community.  Faculty, staff and third parties should report a potential violation of this policy as soon as possible to the Director of Human Resources:

Barbra Upton‑Garvin
Conway 102
816‑501‑4555
HR@Rockhurst.edu

Students should report a potential violation of this policy as soon as possible to a Residence Life staff member, Security (816‑501‑4010), or one of the following:

Mark Hetzler

Associate Vice President for Student Development

& Residence Life

Massman 3

mark.hetzler@rockhurst.edu

816‑501‑4843

 

Marcia Ladage, MLA

Associate Dean for Students and Families

& Deputy Title IX Coordinator

Westport campus, Rm 2Q61

Rockhurst campus, Massman 3
816‑936‑8716
Marcia.Ladage@rockhurst.edu

Rockhurst will respond to reports of perceived prohibited conduct in a reasonable, thorough, and prompt manner.

II.        Scope

This policy applies to reports of discrimination, harassment and retaliation on the basis of protected status (with the exception of Sexual Harassment, as noted below).  This policy governs reports of discrimination, harassment and retaliation in all the University’s programs and activities and applies to all members of the University Community.  It applies to discrimination, harassment and retaliation that occurs on campus, during or at an official University program or activity (regardless of location) and to off campus conduct when the conduct could deny or limit a person’s ability to participate in or benefit from University’s programs and activities.

Regardless of other language in this policy notwithstanding, Sexual Harassment (including Sexual Assault, Domestic Violence, Dating Violence, and Stalking), as defined in the Sexual Harassment Policy, will be governed exclusively by the Sexual Harassment Policy and processes stated therein.  All other forms of sex‑based discrimination are governed by this policy, including sex‑based Harassment, as defined in this policy, that does not rise to the level of Sexual Harassment as defined in the Sexual Harassment Policy.

Conduct that is initially raised through a formal complaint under the Sexual Harassment Policy may also be addressed under this policy, in the institution’s discretion, when:  (i) the conduct, or some part of it, may amount to a violation of this policy regardless of whether it meets the definition of Sexual Harassment under the Sexual Harassment Policy; (ii) the formal complaint, or some part of it, has been dismissed under the Sexual Harassment Policy; or (iii) a final determination of a formal complaint has been made under the Sexual Harassment Policy and separate or additional action may be necessary to enforce this policy.

III.      Prohibited Conduct

·     Discrimination
Discrimination is material, adverse treatment of an individual based on protected status.  It is a violation of this policy to discriminate on the basis of a protected status in any of the University’s programs and activities.  A list of protected statuses is located in the Equal Employment Opportunity And Anti‑Discrimination Statement.

·     Harassment
Harassment consists of unwelcome verbal, non‑verbal or physical conduct on the basis of protected status explicitly or implicitly affects an individual’s employment, unreasonably interferes with the work performance of, or creates an intimidating, hostile, or offensive work environment for an employee, student or other member of the University Community, including third‑parties, because of protected status.

A person’s subjective belief that behavior is intimidating, hostile, or offensive does not make that behavior harassment.  The behavior must create a hostile environment from both a subjective and objective perspective and must be so severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives a member of the community of the ability to participate in or to receive benefits, services, or opportunities from the University’s education or employment programs and/or activities.  In determining whether a hostile environment exists, the University examines the context, nature, scope, frequency, duration, and location of incidents, as well as the relationships of the persons involved.

Examples of conduct prohibited by this policy may include, but are not limited to, jokes or pranks that are hostile or demeaning with regard to a person’s protected status or have the purpose or effect of creating an intimidating, hostile, abusive or offensive working or academic environment.

·       Retaliation
The University prohibits retaliation against anyone for reporting discrimination or harassment, assisting in making a report, cooperating in an investigation, or otherwise exercising their rights or responsibilities under this policy and applicable federal, state, and local laws.  Retaliation prohibited by this policy consists of materially adverse action, such as disparaging comments, uncivil behavior, or other negative treatment of an employee, student or other member of the University Community because a report has been made pursuant to this policy or because an individual otherwise cooperated with the University’s investigation.

IV.       Investigation and Resolution Procedures

·     Reports Alleging Misconduct By A Student

If a report of discrimination, harassment, or retaliation alleging misconduct on the part of a student is received, the report will be referred to Student Development for investigation and resolution pursuant to the process for handling other types of student misconduct as contained in the Student Code of Conduct.

·        Reports Alleging Misconduct By Any Other Person

When a report of discrimination, harassment or retaliation alleging misconduct on the part of any other person is received, a University official will be designated to investigate the report.  During the investigation, both the complainant and respondent will have the opportunity to identify witnesses and evidence.  Investigations will be handled discreetly, with information shared only with those persons who need to know the information in order for there to be a full and fair investigation.  The investigator may impose interim measures during the pendency of the investigation to protect and separate the parties.  The investigator will prepare a written report summarizing the results of the investigation and deliver it to the Director of Human Resources.  The Director of Human Resources will review the report, consult with other University administrators and officials as the Director of Human Resources deems appropriate, and issue a determination as to whether or not the report is substantiated and, if so, what remedial measures will be taken to address the misconduct, including discipline for the respondent or initiation of disciplinary proceedings pursuant to other applicable University policies (including, for example, initiation of disciplinary proceedings under Section III of the Faculty Handbook).  Substantiated incidents of conduct prohibited by this policy can lead to discipline up to and including termination or dismissal.  The Director of Human Resource’s determination is not subject to appeal or further review.