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Appendix C: Equal Opportunity Policies / Office of Disability Services

POLICY STATEMENT ON DISCRIMINATORY HARASSMENT

I.INTRODUCTION AND STATEMENT OF PRINCIPLES

Emory University is an inquiry-driven, ethically engaged, and diverse community dedicated to the ideals of free academic discourse in teaching, scholarship, and community service. Emory University abides by the values of academic freedom and is built on the assumption that contention among different views is positive and necessary for the expansion of knowledge, both for the University itself and as a training ground for society at large. Emory is committed to the widest possible scope for the free circulation of ideas.


The University is committed to maintaining an environment that is free of unlawful harassment and discrimination. Pursuant to the University’s commitment to a fair and open campus environment and in accordance with federal law, Emory cannot and will not tolerate discrimination against or harassment of any individual or group based upon race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law. Emory University welcomes and promotes an open and genuinely diverse environment.


This policy is a republishing of the Emory University Equal Opportunity and Discriminatory Harassment Policy, which previously was published at: http://www.emory.edu/EEO/equalopportunitydiscriminatoryharassment.htm


This policy also supersedes and retires Policy 8.6, Grievance Procedures – Employee and Student Complaints of Discrimination, and unifies the grievance process. The effective date represents only the date that this version was published on policies.emory.edu and does not reflect the original effective date of this policy.


Applicability of Policy

This Policy shall apply to persons who are employees and students of Emory University, vendors, contractors, guests, patrons, and other third parties participating in any Emory-sponsored event or program, whether on or off campus, and to such persons in other situations in which the respondent is acting as a member of the Emory community.


Complaints Against Students.

Students are bound by the principles outlined in this policy. However, complaints against students (when acting in the capacity as a student) shall be resolved under the Conduct Code provided by that student’s school or college unless the student’s school or college conduct code provides otherwise. Investigation of complaints against students who are acting in the capacity of an employee shall be conducted by the Director of Equal Opportunity Programs and/or the Title IX Coordinator, or his or her designee, who shall report his or her findings and recommendations to the Senior Vice President and Dean for Campus Life and the Dean of the school or college in which the student is enrolled.

Sexual Harassment Complaints Against Students

Sexual Misconduct is a form of gender discrimination prohibited by Title IX of the Education Amendments of 1972. Title IX specifically prohibits sexual harassment and sexual misconduct in the educational setting. Emory University hasadopted a separate Sexual Misconduct Policy, University Policy 8.2, that applies to student-on-student allegations, or allegations in which the respondent is a student. Policy 8.2 explains how to report allegations of sexual misconduct, and sets forth detailed procedures designed to provide a fair process for parties when students are involved in allegations of sexual misconduct.

II. EQUAL OPPORTUNITY POLICY

Emory University is dedicated to providing equal opportunities to all individuals regardless of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, and veteran’s status. Emory University does not discriminate in admissions, educational programs, or employment on the basis of any factor stated above or prohibited under applicable law. Students, faculty, and staff are assured of participation in University programs and in the use of facilities without such discrimination. Emory University complies with all applicable equal employment opportunity laws and regulations, and follows the principles outlined above in all aspects of employment including recruitment, hiring, promotions, transfers, discipline, terminations, wage and salary administration, benefits, and training.

III. DISCRIMINATORY HARASSMENT POLICY

In keeping with its commitment to maintaining an environment that is free of unlawful discrimination and with its legal obligations, Emory maintains a policy prohibiting unlawful harassment. Discriminatory harassment of any kind, whether it is sexual harassment or harassment on the basis of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law, by any member of the faculty, staff, administration, student body, a vendor, a contractor, guest or patron on campus, is prohibited at Emory.

At the same time, Emory recognizes the centrality of academic freedom and the University’s determination to protect the full and frank discussion of ideas. (See Policy 8.14.) Thus, discriminatory harassment does not refer to the use of materials for scholarly purposes appropriate to the academic context, such as class discussions, academic conferences, or meetings. Additionally, discriminatory harassment does not refer to participation in lawful protests, public forums, or campus publications established for the purpose of freely expressing opinions or ideas in the university community.

A. Discriminatory Harassment of a Sexual Nature

Sexual harassment includes unwelcome conduct, based on sex or on gender stereotypes, when;

Sexual harassment may include, for example, repeatedly subjecting a person to egregious, unwelcome sexual attention, physical or verbal advances, sexual flirtations or propositions, vulgar talk or jokes, degrading graphic materials or verbal comments of a sexual nature about an individual or his or her appearance, or the display of sexually suggestive objects outside a scholarly context and purpose.

Sexual harassment includes sexual misconduct, sexual violence, sexual assault, intimate partner violence, stalking, and gender-based bullying. Prohibited sexual harassment in the working or learning environment includes an attempt to coerce an unwilling person into a sexual relationship; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances, and to make direct or implied threats that submission to sexual advances will be a condition of employment or academic opportunity. Sexual harassment may also occur in the form of unwelcome, sexually suggestive cartoons, pictures, email, text, tweets, video or other graphic materials that may contribute to a hostile working or learning environment.



B. Discriminatory Harassment of a Non-Sexual Nature

Emory’s policy prohibits discriminatory harassment of a non-sexual nature, which includes verbal, physical, or graphic conduct that denigrates or shows hostility or aversion toward an individual or group on the basis of race, color, religion, ethnic or national origin, gender, genetic information, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor that is a prohibited consideration under applicable law, and that

Prohibited behavior includes conduct or material (physical, oral, written, graphic, , electronic messages or media posted or circulated in the community) involving epithets, slurs, negative stereotyping, threatening, intimidating, or hostile acts, that serve no scholarly purpose appropriate to the academic context and gratuitously denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, ethnic or national origin, gender, genetic nformation, age, disability, sexual orientation, gender identity, gender expression, veteran’s status, or any factor protected by applicable law.

C. Reporting to Office of Equal Opportunity Programs

Emory encourages anyone who has knowledge of discrimination on campus to report alleged violations of this policy. Because discriminatory harassment interferes with the University’s educational mission and may be unlawful, anyone who becomes aware of discrimination or discriminatory harassment committed by member of the faculty, staff, administration, student body, a vendor, a contractor, guest or patron on campus, is encouraged to report the harassment to the Director of Equal Opportunity Programs. The Director of Equal Opportunity Programs is also the University Title IX Coordinator. 


Emory faculty, administrators and supervisors are required to immediately report any employment complaints they receive or incidents of discrimination or discriminatory harassment they witness, to their immediate report or to the Office of Equal Opportunity Programs.


University Title IX Coordinator/Equal Opportunity Office:
Danielle Dempsey-Swopes
Director, Equal Opportunity Programs and Title IX Coordinator
201 Dowman Drive
Administration Bldg Ste 305
Atlanta, GA 30322
MS: 1000-001-1AX
(404) 727-9867
(404) 712-9108 fax
ddempsey-swopes@emory.edu 

D. Prohibition Against Retaliation

Retaliation against an individual who, in good faith, complains about or participates in an investigation or a hearing relating to an allegation of discrimination or harassment is prohibited. Any individual who feels retaliated against, or has been threatened with retaliation, should report that allegation immediately to the Office of Equal Opportunity Programs (EOP).

E. False Accusations

Anyone who knowingly makes a false or bad faith accusation of discrimination, harassment, or retaliation will be subject to appropriate sanctions. However, failure to prove a claim of discrimination, harassment, or retaliation does not, in and of itself, constitute proof of a knowingly false accusation.

IV. INVESTIGATION AND RESOLUTION PROCESSES

Individuals who believe that they have experienced or have information about acts of discrimination or discriminatory harassment may seek resolution through one of the methods discussed below. The University’s response to the alleged discrimination will depend upon the severity and pervasiveness of the alleged conduct, which may be determined by the existence of prior incidents of harassment or discrimination. Depending upon the severity of the offense, however, a single violation of this Policy may be sufficient to support a violation.


The university will take seriously every allegation or report of discrimination or harassment received. Emory University’s response is intended to ensure that all parties involved receive fair treatment, and that allegations are handled in a prompt, thorough and equitable manner.

A. Direct Communication with the Alleged Harasser

If the aggrieved person feels comfortable speaking directly with the alleged offending person to address concerns and obtain an appropriate resolution, he or she is encouraged to do so. While this method of resolution may be successful in solving the immediate problem, unless information is provided through the reporting channels covered in this policy, Emory may remain unaware of the issue and be unable to take any additional steps that might be necessary to address broader concerns. Individuals who choose not to address the alleged harasser directly, or who have not obtained a satisfactory resolution following such a discussion, are encouraged to utilize one of the other methods outlined below for addressing their concerns.

B. Assistance of a Community Facilitator

An individual also has the option to pursue informal investigation, clarification and mediation through a Community Facilitator. To facilitate early resolution of alleged discrimination or harassment, and to encourage engagement by individuals familiar with the context of the complaint, the Community Facilitator will be chosen by the aggrieved individual from a pool of Community Facilitators. The Provost or his or her designee, in consultation with Deans, Department/Program chairs, division heads, and the President of the University Senate, will select the members of the pool from across the University. There shall be 15 to 20 Community Facilitators in the pool, at least one member from each school or business unit within Emory. They shall serve three year terms, with approximately one third of the members rotating out of the pool each year.


To ensure a high quality of peer support across units, all Community Facilitators will undergo training on dispute resolution and issues related to harassment and discrimination. As mechanisms for informal dispute resolution, the Community Facilitators do not have the right to sanction or punish, but rather to discuss the alleged conduct with the alleged harasser, to act as a mediator, and, if warranted, to seek a commitment from the alleged harasser to comply with this Policy. If, in the opinion of the Community Facilitators, all good faith efforts to resolve the situation have been exhausted, the Community Facilitator may end the process and refer the matter to EOP.


As members of the University community, Community Facilitators have the obligation to report all allegations of discrimination or harassment to EOP and the Provost or the Provost’s designee. Such reporting will allow Emory University to monitor and react to trends related to allegations of discrimination and harassment, and to recommend further action, if necessary.


If at any point in this process, the aggrieved individual determines that this method of resolution is unsatisfactory, he or she has every right to file an internal complaint with EOP or an external complaint with EEOC. The accused individual also has the right to refuse to participate in the Community Facilitator process. 

C. Filing an internal complaint with the Emory University Equal Opportunity Office

If a member of the Emory University Community believes that he or she has been the victim of discrimination or discriminatory harassment or has information about discrimination/harassment in the university community, he or she may promptly report, without fear of reprisal, the facts of the incident and the name(s) of the individual(s) involved to the Office of Equal Opportunity Programs, located in Suite 305 of the Administration Building, or call Equal Opportunity Programs at (404) 727-9867. This report initiates a complaint.


Alternatively, a member of the university community may report the situation to his or her immediate supervisor, department head, or Dean, who will immediately notify EOP of the report. This report initiates a complaint. Supervisors must immediately report any complaints they receive or incidents of alleged harassment or discrimination they witness to the Equal Opportunity Programs. However, if the complaint relates to a member of Equal Opportunity Programs, the complaint should be directed to the Supervisor of the Director of Equal Opportunity Programs, who shall appoint an appropriate investigator. 


The Office of Equal Opportunity Programs (or an alternate investigator, where appropriate) will promptly, fairly and thoroughly investigate all timely claims of harassment and discrimination, regardless of whether such complaints are reduced to writing. All complaints of discrimination and harassment will be treated in the strictest confidence possible under the particular circumstances.


All complaints of discrimination or harassment should be filed as soon after the alleged offending conduct as possible, but in no event more than 180 calendar days after the most recent conduct alleged to constitute discrimination or harassment. Emory will not retaliate or take any adverse action against anyone for truthfully reporting conduct that he or she believes to be in violation of this Policy, or for participating in good faith in an investigation of alleged discrimination or harassment, or for participating in any proceeding or hearing relating to such complaints.


Upon receipt of a complaint, the Director of Equal Opportunity Programs (or an appropriate alternate investigator) will assign an investigator who will, within thirty calendar days, investigate the circumstances of the allegations. However, if additional time is needed to conduct a thorough investigation, EOP may, in its discretion, extend the time for completing the investigation as reasonably necessary. In this case, EOP will notify the complainant and the respondent of the extension.

The investigation will include interviews with the complaining party, the respondent, and any material witnesses identified, as well as a review of any documents or other evidence. The complaining party and the respondent will be kept apprised of the conduct of the investigation and will be given the opportunity to provide any additional relevant information to the investigator, including the names of additional witnesses to contact and/or additional documents to review before the investigation is closed. At any time before the conclusion of the investigation, the Dean or equivalent division head of the unit of the University to which the respondent is assigned may take interim emergency action (not involving reduction of compensation) until the conclusion of the investigation.

The final written determination will state only whether, based on EOP’s investigation, there was a violation of this Policy. The complainant and respondent will be promptly notified of the final determination. The Office of Equal Opportunity Programs shall have no independent authority to impose sanctions.  If EOP finds that there has been a violation of this policy and if the Dean or division head seeks advice as to the appropriate enalty, EOP may provide a recommendation as to the appropriate sanction. The Dean or division head will then be responsible for deciding upon and imposing disciplinary action as soon as reasonably possible, but within no more than one month after receiving the final determination and advice of EOP. The Dean or deciding official shall notify EOP of the penalty imposed, if any.

Sanctions imposed on those individuals who have been found to be in violation of the University’s Equal Opportunity Policy or its Discriminatory Harassment Policy shall be commensurate with the severity and/or frequency of the conduct, and shall be adequate and sufficient to prevent such conduct in the future. The sanctions may include, but are not limited to, an apology to the victim; a verbal or written reprimand; a requirement to attend remedial training; appropriate workplace restrictions; denial of a merit pay increase or other benefit; denial of promotion; or reassignment, suspension or separation from the University. Staff members who receive disciplinary penalties under this policy may consult Human Resources for information about the Grievance process, which may be used to challenge alleged violations, misinterpretations, or inequitable application of policies or procedures.

D. Issues Specific to Faculty


If at any time during the investigation, a bona fide question arises out of a conflict between the principles of academic freedom and the requirements of this Policy, the respondent or Director of Equal Opportunity Programs may request that the Provost or his/her designee appoint a Faculty Review Panel to review the evidence and to provide advice to the EOP as to whether there was a violation of Policy. If the Provost agrees that the situation involves a bona fide conflict between the principles of academic freedom and the requirements of this Policy, the Provost shall appoint a Faculty Review Panel. The convening, investigation and recommendation of the Faculty Review Panel will be concurrent with the investigation of EOP. The Faculty Review Panel will consist of a group of 5 to 7 faculty members, 3 of whom are from the respondent’s school, who will be chosen by the Provost from among a pool of eligible faculty members who are elected by University faculty. Once selected by the Provost, the Faculty Review Panel may question the respondent, the complainant, and any other witness necessary to adequately address the issue. The Faculty Review Panel may also review the EOP investigatory file and any other documentary evidence needed. The procedures shall be kept as
confidential as possible so as to respect the rights of all involved parties. At the conclusion of its review, the Faculty Review Panel shall provide a recommendation to EOP as to whether it believes that there was a violation of the Discriminatory Harassment Policy. EOP shall include the recommendation of the Faculty Review Panel in submitting the final report to the Dean. The Dean shall make the final decision as to what, if any, sanctions may be appropriate under the circumstances.


Following a determination of sanctions, faculty may avail themselves of avenues of appeal as listed in the Statement of Principles Governing Faculty Relationships. Specifically, a faculty member shall be entitled to a hearing of the Faculty Hearing Committee when the sanction imposed by the Dean for violation of this Policy is the suspension, transfer, or termination of his/her employment.  

E. Filing an External Complaint


An individual who believes that he or she has been subjected to unlawful discrimination, harassment, or retaliation has the right to file a complaint with an appropriate local, state, or federal agency, such as the Department of Education Office of Civil Rights (OCR) http://www2.ed.gov/about/offices/list/ocr/index.html or the Equal Employment Opportunity Commission (EEOC) http://www.eeoc.gov/, within applicable time limits. In addition, any person who is dissatisfied with Emory’s internal procedures utilized for handling complaints, or who is dissatisfied with the result of the investigation or the sanctions imposed, may seek redress through the EEOC, to the extent allowed by law. The complainant should be aware that filing a complaint with the University’s Office of Equal Opportunity Programs or other University resource does not extend or postpone the deadline for filing with external agencies. In the event that a complaint is filed with an external agency or court, the University reserves the right to determine, in its discretion, whether the University’s internal complaint resolution procedure should be discontinued or continued separately.

V. OTHER

A. Complaints Against Vendors, Contractors, and Third Parties

Emory’s commitment to providing members of its community with a working and learning environment that is free of discriminatory harassment includes freedom from inappropriate conduct by vendors, contractors, and third parties. If a member of the University community believes he or she has been subjected to harassing conduct by a vendor, contractor, or third party, he or she should report such conduct to the Office of Equal Opportunity programs, to his or her immediate supervisor or Dean, or to a higher University official. Such complaints should be forwarded to the Office of Equal Opportunity Programs immediately. EOP will work with the complaining party to investigate the complaint, and the University will take prompt corrective action if inappropriate conduct is found to have occurred. 

B. ADDITIONAL UNIVERSITY RESOURCES

All Emergencies (any campus/location) 9-1-1

Emory Police Department 404.727.6111 or 404.727.8005

Emory Police Department TIPS line 404.727.8477/TIPS

The Respect Program, Office of Student Health (Sexual Assault/Relationship Violence Response) 404-727-1514 

Faculty Staff Assistance Program

1762 Clifton Road NE, Suite 1100, Atlanta, GA 30322, 404.727.4328
Emory University Human Resources
Employee Relations Department
1599 Clifton Road, NE
Atlanta, GA 30322
404.727.7625 

Campus Life Offices 404.727.4364

Student Health 404.727.7551

Emory Trust Line 1.888.550.8850 (for non-emergencies)

VI. OFFICE OF DISABILITY SERVICES

In accordance with Emory University's EEO/AA policy, Emory does not discriminate in its admissions or selection of residents. Selection decisions are made without regard to disabilities or other protected categories. Incoming or current residents to Emory's training programs who may require reasonable accommodations should contact the Office of Disability Services.

Emory provides all persons an equal opportunity or participate in and beneift from programs and services afforded to others. The Office of Disability Services (ODS) assists qualified students and faculty/staff in obtaining a variety of services (i.e., alternative testing, notetaking, advocacy, mobility/transportatin, etc.) and ensures that all matters of equal access, reasonable accomodation and compliance are properly addressed. 

Qualified students and faculty/staff must register and request services - contact the Office of Disability Serivces at Emory University or Oxford College. Confidentiality is honored and maintained.

*Qualified residents must register and request this service as "faculty/staff".