(A)
Policy statement
and purpose
All members of the university have the
right to work and learn in a professional atmosphere that promotes equal
employment and educational opportunities.
Bowling Green state university is
committed to maintaining an employment and educational environment that is free
from unlawful discrimination, harassment, and retaliation. The university
prohibits discrimination and harassment on the basis of protected class: age
(forty years of age or older), ancestry, color, disability, ethnicity, familial
status, gender, gender identity and expression, genetic information, HIV/ AIDS
status, marital status, military status, national origin, political
affiliation, pregnancy, race, religion, sex, sexual orientation, protected
veteran status, or any other legally protected characteristic (including status
as a parent during pregnancy and immediately after the birth of a child, status
as a parent of a young child, and status as a foster parent as those terms are
defined in Ohio law).
This policy and federal and state law
prohibit retaliation against any person for asserting their legal rights to be
free from discrimination or harassment, for reporting discrimination or
harassment, or for participating in activities protected under this
policy.
This policy is intended to prohibit
discrimination, harassment, and retaliation in employment and educational
opportunities in accordance with applicable laws. Those laws include, but are
not limited to, the Americans with Disabilities Act of 1990 (as amended by the
ADA Amendments Act of 2008); the Age Discrimination Act of 1975; the Age
Discrimination in Employment Act of 1967; the Genetic Information
Nondiscrimination Act of 2008; the Pregnancy Discrimination Act of 1978;
Section 504 of the Rehabilitation Act of 1973; Titles VI and VII of the Civil
Rights Act of 1964; Title IX of the Education Amendments of 1972; the Vietnam
Era Veterans' Readjustment Assistance Act of 1974; Chapter 4112. of the Revised
Code; and any applicable executive order.
BGSU encourages anyone who believes
that they have been subjected to conduct that is in violation of BGSU policies
and procedures to report their concerns so that the university has an
opportunity to address prohibited conduct.
Please see paragraph (D) of this rule
for reporting guidance.
(B)
Policy scope and
responsible administrators
(2)
Responsibility
for compliance
The university must comply with federal
and state anti- discrimination and equal opportunity laws.
The division of diversity and belonging
is charged with the primary responsibility of ensuring that the university's
equal employment practices and the conduct of any person within the scope of
this rule comply with federal, state, and local laws and university policies
and procedures. If conduct by any person within the scope of this rule is
alleged to be in violation of this rule the division of diversity and belonging
or designee will assess the complaint and determine the best course of action
to address the concerns.
The office of the dean of students will
investigate and resolve allegations of prohibited conduct by a student or
recognized student organization, in accordance with applicable university
policies and procedures, if the alleged violation is within the scope of the
code of student conduct.
(C)
Definitions
(1)
Discrimination
Discrimination occurs when an adverse
employment or education action is taken under university authority against a
person and is based upon that person's protected class as listed in paragraph
(A) of this rule.
(2)
Harassment
For purposes of this rule, harassment
is unwelcome verbal, non-verbal, or physical conduct directed toward a person
that is based on the person's protected class. Harassment violates this rule
when enduring it becomes a condition of continued employment or when it is
sufficiently severe, persistent or pervasive that it unreasonably interferes
with, denies, or limits that person's ability to participate in or benefit from
a university education or employment program or activity and creates an
objectively hostile environment.
Harassment does not include
constitutionally-protected activity or conduct that serves a legitimate
purpose.
(3)
Protected class
Protected class is defined by federal
law/executive order, federal regulations, state law/executive order, and
university policies, including the protected classes referenced in this
rule.
(4)
Complainant
An individual alleged to have
experienced discrimination, harassment, or retaliation in violation of this
rule. In certain situations, the university may assume the role of the
complainant.
(5)
Respondent
The individual alleged to have engaged
in discrimination, harassment, or retaliation in violation of one or more
university policies.
(6)
Retaliation
This rule and federal and state law
prohibit retaliation against any person for asserting their legal rights or
their rights under this rule to be free from discrimination or harassment, for
reporting discrimination or harassment, or for participating in an
investigation of discrimination or harassment. Retaliation also includes any
adverse action taken against a person for requesting an accommodation or for
their role in reporting discrimination or harassment, assisting a complainant,
serving as a witness, or otherwise participating in an investigation. No agent
of the university may harass, coerce, intimidate, or discriminate against an
individual for filing a complaint or participating in the complaint resolution
process. Any person within the scope of this rule who engages in retaliation is
subject to a separate charge of retaliation under this rule.
(D)
Reporting alleged violations
(1)
Timeliness of
report
Complaints are expected to be reported
timely to assure proper handling of the complaint. It is recommended that
complaints are filed within one hundred eighty calendar days of the last act of
discrimination, harassment, or retaliation.
Complaints filed after one hundred
eighty calendar days will require an additional explanation setting forth the
reason the complaint was not filed earlier.
(E)
Policy
(1)
Overview of the
procedures used
The university reporting procedure is a
mechanism by which the university may identify, respond to, prevent, resolve,
or eliminate incidents of discrimination and harassment.
Upon receiving a complaint, the
division of diversity and belonging will initially assess whether the facts
alleged in the complaint, if taken as true, indicate a potential violation of
this rule. If not, the university will dismiss the complaint and give the
complainant written notice explaining the reasons for the dismissal and
allowing the complainant ten calendar days to refile a complaint alleging
additional facts. If the facts alleged in the refiled complaint still do not
indicate a potential violation of this rule, the dismissal will be
final.
Upon completion of the assessment of
the complaint, if determined that facts alleged in the complaint, if taken as
true, indicate a potential violation of this rule, the equity and compliance
officer, in consultation with other appropriate departments and/or university
leaders as needed, will determine the next course of action. These actions
include informal and formal resolution processes.
The investigation of a factually
sufficient complaint will be initiated as soon as practicable. The university
will endeavor to complete the investigation within sixty calendar days after
the complaint was received by the division of diversity and belonging or
designee. This timeframe may be extended if circumstances warrant, such as
university breaks and leaves of absences or if the complaint was referred for
informal resolution.
Information obtained during the
investigation will remain as private as practicable. Complete confidentiality
is not guaranteed as this information will be used to conduct the
investigation, determine responsibility, take any remedial action if warranted,
and comply with university policies and applicable laws.
The investigation process is not a
disciplinary procedure. The investigation is a neutral fact-finding process
that serves to gather information and analyze facts compared to university
policies and procedures and applicable local, state, and federal laws. However,
the statements and information obtained during the investigation may be relied
upon in a subsequent disciplinary procedure. University investigators do not
make final decisions regarding the investigation, findings of responsibility,
or remedial action.
The complainant and respondent may have
one individual of their choice to serve as their advisor during this process.
The advisor must maintain confidentiality and may not impede or interfere with
the investigatory meeting. If the advisor is an attorney, the university
requires at least forty eight hours' notice be given to the
investigator.
The division of diversity and belonging
or designee will conduct a thorough review of the allegations in a fair and
impartial manner with due respect to all parties involved.
(2)
Informal resolution process
The division of diversity and belonging
will determine if an informal resolution may be an appropriate measure to
address the concerns presented in the complaint.
Please note: matters that involve a
criminal offense and/or those cases involving sexual violence are not eligible
for the informal resolution process.
Informal resolution methods include,
but are not limited to:
(a)
Informal inquiry - a meeting with the complainant,
respondent, and department leadership to discuss the concerns.
(b)
Facilitated
conversation - a structured conversation designed to help the parties find
acceptable resolutions regarding communication or work issues.
(c)
Referral - the
utilization of third-parties, such as the employee assistance program or
community resource, to provide support, information, or advice regarding the
current situation.
(d)
Mediation - a structured interactive process in which
a facilitator assists the complainant and respondent to identify and address
concerns and negotiate an agreement to resolve the dispute.
(3)
Investigation process
If an attempt to resolve an issue
utilizing the informal resolution process is not successful or not an option,
the equity and compliance officer or designee will initiate the investigation
process.
For each unresolved complaint the
equity and compliance officer or designee will conduct a formal fact-finding
investigation in collaboration with other departments as
appropriate.
Interim measures to promote the safety
or well-being of those involved or the university community may be
appropriate.
The university uses the preponderance
of evidence or the "more likely than not" evidentiary standard to determine
culpability and responsibility when resolving complaints under this
rule.
The steps of the formal investigation
process include the following:
(a)
Interviews will
be scheduled with the complainant, witnesses, and other individuals as deemed
appropriate.
(b)
Written notice will be sent to the respondent to
schedule a meeting to discuss the allegations. The notice to the respondent
will include a general description of the alleged violation that makes a good
faith effort to balance the investigatory interests of the university with the
respondent's interest in understanding the nature of the allegations, with the
investigator retaining sole discretion in making this
determination.
(c)
The complainant and the respondent can provide a
written statement related to the complaint, the names of witnesses, and any
documents or other information they deem relevant.
(d)
The complainant
and the respondent will be given the opportunity to explain and/or respond to
the evidence obtained during the investigation.
(e)
Other
investigatory actions may be warranted and will be determined on a case-by-case
basis by the university.
(f)
If the complainant or respondent chooses not to
cooperate or respond to requests for information in a timely manner, the
investigation will proceed without that party's information.
(g)
Any person who
deliberately provides information that the person knows to be false during an
investigation may be subject to disciplinary action.
(4)
Preliminary
report
After interviewing the complainant and
the respondent, giving each of them the opportunity to review and comment on
their statement and to identify witnesses and provide information, completing
witness interviews, and gathering relevant information, the investigator will
prepare a preliminary report.
The preliminary report will generally
include the complainant's statement, the respondent's statement, and a
statement from each witness, along with a copy of other relevant information
obtained during the investigation and/or written summary of it. The preliminary
report will not contain any findings.
The investigator will provide the
preliminary report to the complainant and respondent, and their advisors (if
applicable) for review and comment. In addition, the investigator will provide
the parties and their advisors any evidence obtained as part of the
investigation that is directly related to the allegations raised in a formal
complaint, including the evidence upon which the university does not intend to
rely in reaching a determination regarding responsibility and inculpatory or
exculpatory evidence whether obtained from a party or other source, so that
each party can meaningfully respond to the evidence prior to the final
investigation report.
The preliminary report and evidence
will be provided electronically or in a hard copy. Each party will have ten
calendar days from the date the preliminary report is shared to submit a
written response, which the investigator will consider before completing the
final investigation report.
If a party identifies new relevant
information, the investigator will address any relevant issues identified and
pursue additional investigative steps as needed. The investigator will include
those matters in a revised preliminary report and give the parties two business
days to review and comment on it before writing the final report.
(5)
Final
report
Upon conclusion of the investigation,
the chief diversity and belonging officer or designee will report the findings
to the appropriate decisional authority for any necessary further proceedings
and final determination. The decisional authority will notify the complainant
and the respondent that the final report has been submitted and will
communicate the determination as to whether a policy violation has occurred.
Each party may receive a copy of the report from the decisional authority upon
request. If the university determines a violation of this policy occurred,
corrective action commensurate with the severity of the offense will be
administered. The absence of a finding of a policy violation does not preclude
the decisional authority from making recommendations to enhance awareness of
equity and diversity values and to continue to maintain an employment and
educational environment that is free from unlawful discrimination, harassment,
and retaliation.
(F)
Recordkeeping
The university will maintain the
written record of the investigation and all other appropriate documents in
accordance with the records retention schedule. When a civil complaint is filed
outside the university, information gathered during the internal investigation
may be disclosed to the investigating agency. If a criminal matter related to
the investigation occurs, the university will only provide information
consistent with employees' garrity rights.
If the decisional authority issues
corrective action, a letter documenting the action will be included in the
investigation file and the respondent's personnel file.
(G)
Policy
exceptions
Nothing in this rule detracts from any
legal right of a parent or guardian to act on behalf of a student, subject to
Family Educational Rights Protection Act (FERPA), including, but not limited to
filing a formal complaint.
Pursuant to
10
U.S.C. 983, this rule does not apply to
prohibit or effectively prevent either of the following:
(1)
The
establishment, maintenance, or operation of a unit of the senior reserve
officer training corps at the university; or
(2)
A student at the
university from enrolling in a unit of the senior reserve officer training
corps at another institution of higher education.
This rule has been assessed for adverse
differential impact on members of one or more protected groups.
Replaces: 3341-5-41
