(C) Definitions
(1) "Abusive/bullying behavior" is the
persistent repeated pattern of mistreatment from others in the workplace or the
classroom that causes the victim physical, mental, or emotional harm.
Abusive/bullying behavior includes mistreatment that is abusive physically or
verbally, and encompasses offensive conduct or behaviors, such as interference
with completing or sabotaging work that has been done. Abusive or bullying
behavior is different than that of constructive criticism or counseling to
address and improve performance. Abusive or bullying behavior is unprofessional
and inappropriate for the workplace or the classroom.
(2) "Affirmative action" is required under
Executive Order 11246. It is designed to promote equal educational and
employment opportunities for protected class members in all policies and
decisions affecting employment and education.
(3) "Applicant" is an individual who has
applied for either a specific position at the university, or who has applied
for admission to the university.
(4) "Complainant" refers to any person who
seeks recourse pursuant to this rule because they have reasonable cause to
believe they experienced harassment or discrimination.
(5) "Complaint" refers to a statement by a
complainant seeking recourse pursuant to this rule to address instances of
harassment or unlawful discrimination. A complaint can be written or verbal
when alleging harassment, abusive/bullying behavior, or
discrimination.
(6)
"Discrimination" occurs when an adverse employment or education action is taken
that is based upon a protected class.
(7) "Equal education opportunity" means that
all persons in a protected class shall have equal access to participate in
educational activities.
(8) "Equal
employment opportunity" means that all persons in a protected class shall have
equal access to positions at the university, limited only by their ability to
do their job.
(9) "Harassment" is
an unwelcome, verbal or physical conduct that is sufficiently severe or
pervasive that it unreasonably interferes with, denies, or limits a protected
class member's ability to participate in or benefit from the university's
education and employment programs or educational activities. The harassment can
form the basis for differential treatment or the creation of a hostile
environment.
(a) Harassment can include
conduct that is deemed by the university to be harmful, threatening, abusive,
vulgar, obscene, or hateful.
(b)
The conduct alleged to constitute harassment under this rule will be evaluated
from the perspective of a reasonable person similarly situated to the
complainant, in consideration of all the facts and circumstances.
(c) Harassment must be distinguished from
behavior which, even though unpleasant or disconcerting, is appropriate to the
carrying out of instructional, advisory, or supervisory
responsibilities.
(d) This
definition includes behaviors defined in rule
3349-10-75 of the Administrative
Code when that specific rule lacks jurisdiction to investigate.
(10) "Protected class" and
"protected status" are defined by state and federal law to include age, color,
disability, gender identity or expression, genetic information, national
origin, race, religion, sex, sexual orientation, transgender status, status as
a parent during pregnancy and immediately after the birth of a child, status as
a parent of a young child, status as a foster parent, or veteran status. This
definition is meant to protect individuals who identify as Jewish and are
subject to antisemitic behaviors, including but not limited to rhetorical and
physical manifestations of hatred toward Jewish or non-Jewish individuals
and/or their property, or toward a Jewish community institution or religious
facility.
(11) "Respondent" refers
to a person or persons against whom an allegation of harassment,
abusive/bullying behavior, or discrimination has been made pursuant to this
rule.
(12) "Responsible officer"
refers to a university official who decides whether this rule has been violated
and makes decisions regarding sanctions, if appropriate. The associate
director, diversity, equity, and inclusion is designated the responsible
officer for complaints that contain a student respondent. The senior human
resources generalist is the responsible officer for complaints that contain an
employee respondent. If the responsible officer is charged with harassment,
abusive/bullying behavior, or discrimination, the matter will come under the
jurisdiction of the president or his designee, for handling. If the president
is charged with harassment, abusive/bullying behavior, or discrimination, the
matter will come under the jurisdiction of the board of trustees, or their
designees, for handling.
(13)
"Retaliation" refers to intimidation, threats, coercion, or other behaviors
meant to interfere with the employment or educational right of a person or
person(s) who reported alleged discrimination, harassment, or abusive/bullying
behaviors whether by the alleged or on behalf of the alleged.
(D) Rule statement
(1) The university is an equal education and
employment institution operating under nondiscrimination provisions of Title 41
of the Revised Code; Titles VI, VII of the Civil Rights Act of 1964, as
amended; and Title IX of the Educational Amendments of 1972, as amended;
Executive Order 11246, as amended; Vocational Rehabilitation Act section 504;
Vietnam Era Veterans' Readjustment Act, as amended; Age Discrimination In
Employment Act of 1967, as amended; Title II of the Genetic Information
Nondiscrimination Act of 2008; state of Ohio Executive Order 2019-05d and
2022-06d; State of Ohio Administrative Policy HR-14; and Americans With
Disabilities Act, as amended as related to admissions, treatment of students,
programs and activities, and employment practices.
(2) NEOMED seeks to promote an environment in
which all students, faculty and staff interact on the basis of individual
strengths and characteristics, without having such interactions shaped by
generalizations or stereotypes based on a person's protected status and to
encourage constructive thoughtful and sensitive behavior. Harassment,
discrimination, and abusive/bullying behaviors are serious offenses that may be
cause for disciplinary action.
(3)
Discrimination, harassment, and abusive/bullying behaviors as defined in this
rule are prohibited in every aspect of employment, including hiring, layoff,
termination, transfer, promotion, demotion, rate of compensation, eligibility
for in-service training programs, or terms and conditions of employment. Such
acts are also prohibited in the development, delivery, and assessment of all
educational experiences designed for students.
(a) All faculty, staff and students have a
responsibility for ensuring that NEOMED's working and learning environment is
free from harassment or unlawful discrimination.
(b) The university reserves the right to take
measures to remedy all forms of harassment when reported, whether or not the
harassment rises to the level of creating a hostile work environment.
(c) Abusive/bullying behavior may be
addressed through measures such as remedial action(s), conflict resolution
mechanisms, coaching and/or additional civility education trainings.
(4) Retaliation against persons
who file complaints or cooperate with the investigation of a complaint of
discrimination and/or harassment is a violation of this rule, as well as the
law, and is strictly prohibited.
(5) Employees who believe they have
experienced harassment, abusive/bullying behavior, discrimination or
retaliation may report the incident to their supervisor, manager or the senior
human resources generalist, employee relations and development. Students who
believe they have experienced harassment, abusive/bullying behavior,
discrimination, or retaliation may report the incident to the associate
director, diversity, equity, and inclusion.
Faculty, staff and students share the duty to report all
instances of discrimination or harassment of which they are aware directly to
the senior human resources generalist, employee relations and development or
the associate director, diversity, equity, and inclusion.
An employee or applicant for employment may also file a
complaint with one or external agencies.
(6) The duties and responsibilities of all
departments or division under this rule include:
(a) Ensuring that affirmative action goals
are met to the extent possible;
(b)
Ensuring the management practices prevent discrimination and support equal
employment opportunity ("EEO");
(c)
Providing information and resources to supervisors, managers, and employees in
support of affirmative action, EEO, and non-discrimination;
(d) Ensuring that instances of discrimination
are promptly referred to the department of human resources.
(e) Ensuring that corrective action steps are
properly implemented; and
(f)
Consulting with the department of human resources to meet obligations under
this rule.
(7) The
duties and responsibilities of the division of human resources and diversity
include:
(a) Producing and maintaining the
university affirmative action plan;
(b) Tracking the outcomes of the
plan;
(c) Consulting with the
departments regarding results of the affirmative action planning process and
their responsibilities under this rule;
(d) Providing affirmative action, EEO, and
non-discrimination information and resources;
(e) Investigating complaints of
discrimination, harassment, or abusive/bullying behavior under the reasonable
person standard and issuing action steps for correction where necessary.
(i) If the division of human resources and
diversity determines that a person intentionally falsely accused another of
discrimination, harassment or abusive/bullying behavior, appropriate actions
will be recommended against the person.
(ii) Allegations of harassment,
discrimination and abusive/bullying behavior often involve the collection, use
and disclosure of sensitive personal information. All reasonable measures will
be taken to maintain confidentiality. Information concerning a complaint may be
provided to appropriate NEOMED officials on a need-to-know basis. Any person
knowingly, willfully or negligently breaching confidentiality may be subject to
sanctions or other appropriate action.
(iii) Subject to any limitations or
disclosure requirements imposed by law, all information, whether oral, written
or electronic, created, gathered, received or compiled through the course of a
complaint is to be considered confidential by both the complainant and
respondent, their representatives and advocates, witnesses and other officials
designated by this rule. All information will be treated as "supplied in
confidence for investigatory purposes." All closed investigatory files will be
retained by the general counsel in accordance with rule
3349-3-175 of the Administrative
Code.
(iv) All investigations will
comply with any grant related requirements for notifying the granting agency or
removing investigators or other remaining personnel from an award during the
pendency of an investigation.
(8) This rule will not be interpreted,
administered or applied to infringe upon the academic freedom of any faculty,
staff or student. Speech or conduct protected by the first amendment to the
United States constitution or sections three and eleven of Article I of the
Ohio Constitution is not harassment for purposes of this rule. The frank
discussion of controversial ideas, the pursuit and publication of controversial
research and the study and teaching of material with controversial content do
not constitute harassment, provided these activities are conducted in an
atmosphere of respect.
(9) This
rule is not to be interpreted, administered or applied in such a way as to
detract from the right and obligation of those in supervisory roles to manage
performance and behavior and subsequently discipline employees and students,
subject to managerial and instructional policies and procedures.
(10) Investigation procedures
(a) When a faculty member is charged with
harassment, discrimination or bullying/abusive behavior, this rule and the
procedures promulgated hereunder will be employed in lieu of the procedures
outlined in faculty bylaws appendix D (university procedure for sanctions of
faculty), including censure and dismissal for just cause.
(b) Informal procedures
(i) All members of the NEOMED community are
permitted to resolve complaints informally. Students who feel they have been
harassed or discriminated against should discuss the matter with the associate
director, diversity, equity, and inclusion. Employees who feel they have been
harassed or discriminated against should discuss the matter with the senior
human resources generalist. The associate director or senior human resources
generalist will provide the complainant a confidential forum for expressing
concerns and exploring options for addressing them; advise the complainant on
both informal and formal procedures for addressing their concerns.
(ii) After receiving a detailed statement of
the complaint, the responsible officer may, with the permission of the
complainant, attempt to resolve the complaint by informal resolution by
discussing the complaint with the respondent to seek a mutually acceptable
resolution. If no resolution is reached, the responsible officer will explain
that the complainant may file a written complaint. Unless a written complaint
is filed, no further action will be taken by the university except as
authorized by the responsible officer.
(c) Formal procedures
(i) All members of the NEOMED community are
permitted to file a written complaint at any time. Students should submit a
formal complaint to the associate director, diversity, equity, and inclusion.
Employees should submit a written complaint to the senior human resources
generalist, employee relations and development.
(ii) The responsible officer will investigate
and adjudicate the matter.
(iii)
Complaints must be filed within one hundred eighty days of the last alleged
incident.
(iv) A complainant is
permitted one support person to accompany them to investigatory or other
meetings. The support person cannot be a family member or attorney, nor may it
be a witness or party otherwise involved in the matter related to the
complaint. The support person is not a participating party and may not speak on
behalf of a party.
(v) It may be
necessary to place a faculty member, staff member or student on administrative
leave during the investigation and resolution of a complaint. Such
administrative leave will not be viewed as a disciplinary action. If the
administrative leave involves a faculty member or staff member, the
administrative leave will be with pay unless otherwise authorized by
law.
(d) Investigation
process includes the following steps
(i) The
responsible officer will promptly notify the respondent of the formal complaint
made against them including a general overview of the complaint details along
with the rule under which the complaint was brought.
(ii) The responsible officer will interview
the complainant, respondent, and other individuals with knowledge of the
situation. The complainant and respondent may identify individuals with
knowledge during their interview and/or the responsible officer may interview
individuals at their discretion.
(iii) Following the investigation, the
responsible officer will prepare a written report including the allegations,
summary of information, findings, recommendations to be implemented.
(iv) The written report will be released to
both parties and the complainants' supervisor (if applicable) and be placed in
the appropriate personnel file or student file if the respondent is found to
have violated this rule.
(e) Recommendations
(i) In making disciplinary decisions and
recommendations, the responsible officer will take the following matters into
consideration:
(a) The severity the offense;
whether the offense was an isolated incident or involves repeated
acts;
(b) Presence of any
mitigating and/or aggravating circumstances; and
(c) Whether there was an imbalance of power
between the parties.
(ii) Sanctions include but are not limited
to:
(a) Employee sanctions could include
verbal reprimand, written reprimand, probation, suspension with or without pay,
demotion and termination.
(b)
Student sanctions could include informal reprimand, formal reprimand,
probation, suspension or expulsion.
(c) The responsible officer may impose a
sanction upon employees of up to, but no more than, a three day suspension
without pay, without consulting with the vice president of human resources. The
responsible officer may impose a sanction upon students of involuntary
probation without consulting with the dean of the respective college.
(iii)
If
respondent is listed as key personnel on any federal award issued to university
and is subject to discipline or removed from his/her position through either
the informal or formal resolution process, the university will notify the
funding source of any such action taken under this rule.