General Anti-Harassment Policy and Grievance Procedures


Updated: 8/14/20
Contact: Title IX Coordinator

GENERAL ANTI-HARASSMENT POLICY
I. Policy Statement
William Jewell is committed to maintaining an environment for all faculty, staff, students, and third-parties that is free of harassment, illegal discrimination, and unprofessional conduct. In keeping with that policy, William Jewell prohibits any form of harassment by or against any faculty, staff member, student, applicant for employment, customer, third-party supplier or any other person whether such harassment is lawful or unlawful (collectively the “William Jewell Community”). It is never justifiable to harass a member of the William Jewell Community because of their age, disability, gender, genetic information, national origin, race/color, religion, sex, sexual orientation, veteran status or any other status protected by law (collectively “protected statuses”). William Jewell does not tolerate harassment of any kind.

Harassment is counterproductive and does not serve the principles on which William Jewell operates. We respect the dignity and worth of all members of the William Jewell Community. Each member of the William Jewell Community should be free to develop fully his or her potential, neither hindered by artificial barriers nor aided by factors that are not related to merit.

William Jewell also prohibits unprofessional conduct and comments that may not amount to unlawful harassment. All members of the William Jewell Community are expected to use good judgment and to avoid even the appearance of impropriety in all their dealings with each other. Supervisory staff especially must exhibit the highest degree of personal integrity at all times, refraining from any behavior that might be harmful to their subordinates or William Jewell. Similarly, faculty members must demonstrate the utmost professionalism when interacting with students.

It is a violation of this policy to retaliate against any member of the William Jewell Community who reports or assists in making a complaint of harassment or who participates in the investigation of a complaint in any way.

William Jewell will thoroughly and promptly investigate all complaints of harassment in accordance with the Complaint Resolution Procedures. If an investigation confirms that harassment has occurred, William Jewell will take prompt and appropriate remedial action to prevent harassment, eliminate any hostile environment, prevent its recurrence, and correct its discriminatory effects on the victim and others, if applicable.

Other language in this policy notwithstanding, Sexual Harassment, as defined in the Sexual Harassment Policy (which includes Sexual Assault, Domestic Violence, Dating Violence, and Stalking, as defined therein), will be governed exclusively by the Sexual Harassment Policy and processes stated therein.  This policy applies to Workplace Sexual Harassment, as defined in this policy, as well as conduct that meets the substantive definition of Sexual Harassment as defined in the Sexual Harassment Policy that occurs outside the College’s education programs and activities but nonetheless has an effect that interferes with or limits a person’s ability to participate in the College’s educational programs and activities.  Other forms of sex discrimination that do not involve unwelcome conduct of a sexual nature are prohibited by the College’s Non-Discrimination 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 at issue, or some part of it, may constitute a violation of this policy irrespective of whether it constitutes 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.

II. Scope
This policy applies to all members of the William Jewell Community as well as others that participate in William Jewell’s educational programs and activities, including contractors and third-party visitors on campus. It also applies to medical personnel working at any dispensary, clinic, infirmary, student health center, athletic facility, or similar facility operated by the institution and primarily used by students. William Jewell’s prohibition on harassment extends to all aspects of its educational programs and activities, including, but not limited to, admissions, employment, academics, athletics, housing, and student services.

III.  Definitions
A. Harassment
Harassment is generally defined as verbal, written, or physical conduct based on or motivated by an individual’s protected status that unreasonably interferes with an individual’s work or academic performance or creates a hostile work or educational environment by interfering with or limiting a person’s ability to participate in William Jewell’s educational programs and activities. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating. This policy provides more specific definitions of disability harassment, racial harassment, and workplace sexual harassment as defined below.

B. Disability Harassment
Disability harassment is harassment motivated by a person’s disability. Disability harassment constitutes discrimination on the basis of disability, which is prohibited by Section 504 of the Rehabilitation Act and its implementing regulations and the Americans with Disabilities Act and its implementing regulations.

Some examples of disability harassment include:

  • Fellow students continually remark that a student with a disability is “retarded” or “deaf and dumb” and does not belong in class or on a team
  • A staff member intentionally impedes a wheelchair-bound student by placing objects in his or her path
  • A professor belittles or criticizes a student with a disability for requiring the use of accommodations with the result that the student is discouraged or feels alienated
  • Fellow students taunt or belittle a person with a disability by mocking or intimidating her so she does not participate in class

C. Racial Harassment
For purposes of this policy, racial harassment is harassment motivated by a person’s race, color, or national origin. Racial harassment constitutes discrimination on the basis of race, which is prohibited by Titles VI and VII of the Civil Rights Act and their implementing regulations.

Some examples of racial harassment include:

  • The use of racial epithets or slurs by staff or students
  • A professor tells racist jokes or jokes that target persons of a particular national origin
  • A coach uses stereotyping based on race, color, or national origin
  • Fellow students circulate or publish written or graphic materials (such as graffiti) that show hostility to a racial or ethnic group
  • A student in a dorm room places racially inflammatory symbols on the wall for the purpose of intimidating or harassing others

D. Workplace Sexual Harassment
For purposes of this policy, workplace sexual harassment is defined as sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature that explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or is sufficiently severe or pervasive to create an intimidating, hostile, or offensive working environment.  Workplace sexual harassment is prohibited by Title VII of the Civil Rights Act and its implementing regulations.

Some examples of workplace sexual harassment include:

  • Repeatedly telling sexual jokes to a co-worker
  • Repeatedly making sexual or romantic overtures to a co-worker
  • Displaying pornography or sexualized imagery in the workplace
  • Commenting on a co-worker’s physique in a sexualized way
  • Demeaning a co-worker due to their failure to conform to gender stereotypes

IV. Roles and Responsibilities

A. Anti-Harassment Coordinator
William Jewell has designated the Director of Human Resources to serve as the Anti-Harassment Coordinator. (The Anti-Harassment Coordinator also serves as William Jewell’s Title IX Coordinator as specified in William Jewell’s Equal Employment Opportunity Statement & Title IX Compliance.) The Anti-Harassment Coordinator’s contact information is as follows:

Julie Dubinsky
Director of Human Resources and Title IX Coordinator
109 Curry Hall
816-415-5085
dubinskyj@william.jewell.edu

If the Anti-Harassment Coordinator is not available, contact William Jewell's Deputy Anti-Harassment Coordinator:

Landon Jones
Campus Safety Director and Deputy Title IX Coordinator
124 Curry Hall
816-415-6335
jonesl@william.jewell.edu

It is the responsibility of the Anti-Harassment Coordinator to disseminate information and coordinate training programs to: (1) assist members of the William Jewell Community in understanding the harassing conduct prohibited by this policy; (2) ensure that investigators are trained to respond to and investigate complaints of harassment; (3) to ensure that members of the William Jewell Community are aware of the procedures for reporting and addressing complaints of harassment; (4) to receive complaints of harassment; and (5) to implement the Complaint Resolution Procedures.

B. Anti-Harassment Education and Awareness Coordinator
It is the responsibility of the Anti-Harassment Education and Awareness Coordinator to plan and coordinate events designed to increase awareness involving harassment and to ensure compliance with education requirements.

Missy Henry
Director, Accessibility Services and Anti-Harassment Education and Awareness Coordinator
T-15 in Student Life
Yates-Gill Lower Level
816-415-7556
henrymr@william.jewell.edu

The Anti-Harassment Coordinator also serves as William Jewell’s Title IX Coordinator as specified in William Jewell’s Non-Discrimination and Equal Employment Opportunity Notice and in William Jewell’s Sexual Harassment Policy.

C. Administrators and Managerial Staff
It is the responsibility of administrators and managerial staff (i.e., those that formally supervise other employees) to:

  • Inform employees under their direction or supervision of this policy
  • Notify the Anti-Harassment Coordinator if they observe or receive reports of harassment
  • Implement any corrective actions that are imposed as a result of findings of a violation of this policy

D. Faculty, Staff, and Volunteers
It is the responsibility of all faculty, staff, and volunteers to review this policy and comply with it.

E. Students
It is the responsibility of all students to review this policy and comply with it.

V. Complaints
A. Making a Complaint

  1. Faculty, Staff and Volunteers
    All William Jewell faculty, staff, and volunteers, except those who have been designated by William Jewell as confidential resources, have a duty to report harassment to the Anti-Harassment Coordinator, the Deputy Anti-Harassment Coordinator, the Provost (816-415-7653), or the Vice-President of Operations and Finance (816-415-7802). 
  2. Students and Third Parties
    Students or third parties that wish to report harassment should file a complaint with the Anti-Harassment Coordinator, the Deputy Anti-Harassment Coordinator, the Dean of Students (816-415-5960), the Provost (816-415-7653), or the Vice President of Operations and Finance (816-415-7802). Students and other persons may also file a complaint with the United States Department of Education’s Office for Civil Rights, by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html (link opens in new window) or by calling 1-800-421-3481. 
  3. Content of the Complaint
    So that William Jewell has sufficient information to investigate a complaint, the complaint should include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that William Jewell may follow up appropriately.
  4. Conduct that Constitutes a Crime
    Any person who wishes to make a complaint of harassment that also constitutes a crime is encouraged to make a complaint to local law enforcement.  Such persons may also contact William Jewell Campus Safety at (816) 365-0709.  If requested, William Jewell will assist the complainant in notifying the appropriate law enforcement authorities.  A victim may decline to notify such authorities.
  5. Vendors, Contractors, and Other Third-Parties
    This policy applies to the conduct of vendors, contractors, and other third parties. Persons who believe they have been harassed or retaliated against in violation of this policy should make a complaint in the manner set forth in this section. Notwithstanding the Complaint Resolution Procedures, William Jewell retains discretion to take summary action to terminate any affiliation with such persons and to remove them from campus.
  6. Retaliation
    It is a violation of this policy to engage in material, adverse reaction against any member of the William Jewell Community because that person reported or assisted in making a complaint of harassment or because the person participated in the investigation and/or resolution of a complaint in any way. Persons who believe they have been retaliated against in violation of this policy should make a complaint in the manner set forth in this Section V.
  7. Protecting the Complainant
    Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, William Jewell will take steps designed to protect the complainant from further harassment and retaliation. This may include assisting and allowing the complainant to change his or her academic, living, transportation, or work situation if options to do so are reasonably available. Such changes may be available regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

    If a complainant has obtained a temporary restraining order or other no contact order against the alleged perpetrator from a criminal, civil, or tribal court, the complainant should provide such information to the Anti-Harassment Coordinator. William Jewell will take all reasonable and legal action to implement the order.

B. Timing
William Jewell encourages persons to make complaints of harassment as soon as possible because late reporting may limit William Jewell’s ability to investigate and respond to the conduct complained of. William Jewell faculty, staff, and volunteers must forward any report or observation of harassment against a student within three (3) business days to one of the individuals identified in Section IV.A above. All complaints of harassment should be filed within 180 days of the alleged misconduct.

C. Investigation and Confidentiality
All complaints of harassment will be immediately and thoroughly investigated in accordance with the Complaint Resolution Procedures, and William Jewell will take disciplinary action where appropriate. William Jewell will make reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and federal laws, William Jewell cannot guarantee confidentiality to those who make complaints.

In the event a complainant requests confidentiality or asks that a complaint not be investigated, William Jewell will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name not be disclosed to the alleged perpetrator, William Jewell’s ability to respond may be limited. William Jewell reserves the right to initiate an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated harassment or where the alleged perpetrator may pose a continuing threat to the William Jewell Community.

D. Resolution
If a complaint of harassment or retaliation is found to be substantiated, William Jewell will take appropriate corrective and remedial action. Students, faculty, and staff found to be in violation of this policy will be subject to discipline up to and including written reprimand, required training, fines, suspension, demotion, termination, or expulsion. Affiliates and program participants may be removed from William Jewell programs and/or prevented from returning to campus. Remedial steps may also include counseling for the complainant, academic, work, transportation, or living accommodations for the complainant, separation of the parties, and training for the respondent and other persons.

E. Bad Faith Complaints
While William Jewell encourages all good faith complaints of harassment, William Jewell has the responsibility to balance the rights of all parties. Therefore, if William Jewell’s investigation reveals that a complaint was knowingly false, the complaint will be dismissed, and the person who filed the knowingly false complaint may be subject to discipline.

F. Limited Amnesty
William Jewell recognizes that an individual who has been drinking alcohol or using drugs may be hesitant to report harassment arising from the same setting where the alcohol or drugs were consumed. To encourage reporting, William Jewell will not take disciplinary action under the Standard of Conduct for drug or alcohol use against an individual person who makes a good faith report of harassment, or who participates in an investigation as a complainant, respondent, or witness, provided that the conduct violations did not and do not place the health or safety or any other person at risk. William Jewell may, however, require such individuals to participate in non-punitive measures intended to prevent the recurrence of such conduct in the future, such as counseling, training, or a behavior plan. William Jewell’s commitment to amnesty in these situations does not prevent action by local police or other legal authorities against an individual who has illegally consumed alcohol or drugs.

VI. Academic Freedom
While William Jewell is committed to the principles of free inquiry and free expression, harassment is neither legally protected expression nor the proper exercise of academic freedom.

VII.  Education
Because William Jewell recognizes the prevention of discrimination as an important issue, it offers educational programming to a variety of groups such as: campus personnel; incoming students and new employees participating in orientation; and members of student organizations. Among other items, such training will cover relevant definitions, procedures, and sanctions; will provide safe and positive options for bystander intervention; and will provide risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks. To learn more about education resources, please contact the Anti-Harassment Coordinator.

William Jewell will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims, both on-campus and in the community.

COMPLAINT RESOLUTION PROCEDURES
I. Scope

These complaint resolution procedures apply to all complaints alleging discrimination and/or harassment prohibited by William Jewell’s Non-Discrimination Policy and William Jewell’s General Anti-Harassment Policy. Together, the Non-Discrimination Policy and General Anti-Harassment Policy prohibit discrimination and harassment on the basis of age, disability, gender, genetic information, national origin, race/color, religion, sex, sexual orientation, veteran status or any other status protected by law (collectively “protected statuses”), in matters of admissions, housing, services, in the educational programs and activities William Jewell operates, and in all aspects of the employment relationship, including hiring, promotion, termination, compensation, benefits, and other terms and conditions of employment.

Notwithstanding the foregoing, Sexual Harassment, as defined in the Sexual Harassment Policy (which includes sexual assault, domestic violence, dating violence, and stalking), will be governed exclusively by the Sexual Harassment Policy and processes stated therein.

II. General Principles
A. Anti-Harassment Coordinator
As set forth in the Non-Discrimination Policy and General Anti-Harassment Policy, William Jewell has designated its Director of Human Resources to handle all inquiries regarding William Jewell’s efforts to carry out the Non-Discrimination Policy and Anti-Harassment Policy. As set forth below, the General Anti-Harassment Coordinator (and his/her designee) also has responsibility for carrying out these complaint resolution procedures and is available to answer questions regarding these complaint resolution procedures. The Anti-Harassment Coordinator may be contacted as follows:

Julie Dubinsky
Director of Human Resources and Title IX Coordinator
109 Curry Hall
816-415-5085
dubinskyj@william.jewell.edu

If the Anti-Harassment Coordinator is not available, questions regarding these complaint procedures may be directed to the Deputy Anti-Harassment Coordinator:

Landon Jones
Campus Safety Director and Deputy Title IX Coordinator
124 Curry Hall
816-415-6335
jonesl@william.jewell.edu

B. Administration
For the remainder of these complaint resolution procedures, “Anti-Harassment Coordinator” means the Anti-Harassment Coordinator and/or his or her designee. The Anti-Harassment Coordinator shall have responsibility for administering these complaint resolution procedures.

C. Promptness, Fairness and Impartiality
These procedures provide for prompt, fair, and impartial investigations and resolutions. The Anti-Harassment Coordinator shall discharge his or her obligations under these complaint resolution procedures fairly and impartially. If the Anti-Harassment Coordinator determines that he or she cannot apply these procedures fairly and impartially because of the identity of a complainant, respondent, or witness, the Anti-Harassment Coordinator shall designate another appropriate individual to administer these procedures.

D. Training
These procedures will be implemented by officials who receive annual training on the issues related to discrimination, harassment, sexual violence/assault, domestic assault, dating violence, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

III. Making a Complaint
A. Faculty, Staff and Volunteers
All William Jewell faculty, staff, and volunteers have a duty to report prohibited discrimination and harassment to the Anti-Harassment Coordinator (816-415-5085), the Deputy Anti-Harassment Coordinator (816-415-6335), the Provost (816-415-7653) or the Vice President of Operations and Finance (816-415-7802).

B. Students and Third Parties
Students or third parties that wish to report prohibited discrimination or harassment should file a complaint with the Anti-Harassment Coordinator (816-415-5085), the Deputy Anti-Harassment Coordinator (816-415-6335), the Dean of Students (816-415-5960), the Provost (816-415-7653) or the Vice President for Finance and Operations (816-415-7802). Students and other persons may also file a complaint with the United States Department of Education’s Office for Civil Rights, by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html (link opens in new window) or by calling 1-800-421-3481.

C. Content of the Complaint
So that William Jewell has sufficient information to investigate a complaint, the complaint should include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that William Jewell may follow up appropriately.

D. Conduct that Constitutes a Crime
Any person who wishes to make a complaint of discrimination or harassment that also constitutes a crime is encouraged to make a complaint to local law enforcement.  Such persons may also contact William Jewell Campus Safety at (816) 365-0709.  If requested, William Jewell will assist the complainant in notifying the appropriate law enforcement authorities.  A victim may decline to notify such authorities.

E. No Requirement to Confront
Individuals who wish to file a complaint of discrimination or harassment are not required to confront the alleged perpetrator in any manner or for any reason prior to filing a complaint.

F. Timing
William Jewell encourages persons to make complaints of discrimination and harassment as soon as possible because late reporting may limit William Jewell’s ability to investigate and respond to the conduct complained of. William Jewell faculty, staff, and volunteers must forward any report or observation of discrimination or harassment against a student within three (3) business days to one of the individuals identified in Section III.A above. All complaints of discrimination or harassment should be filed within 180 days of the alleged misconduct

G. Confidentiality
In the event a complainant requests confidentiality or asks that a complaint not be investigated, William Jewell will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name not be disclosed to the alleged perpetrator, William Jewell’s ability to respond may be limited. William Jewell reserves the right to initiate an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated discrimination or harassment or where the alleged perpetrator may pose a continuing threat to the William Jewell Community.

IV. Investigation and Resolution of the Complaint
A. Commencement of the Investigation
Once a complaint is made, the Anti-Harassment Coordinator will commence an investigation of it as soon as practicable. The purpose of the investigation is to determine whether it is more likely than not that the alleged behavior occurred and, if so, whether it constitutes prohibited discrimination or harassment. During the course of the investigation, the Anti-Harassment Coordinator may receive counsel from the Provost, Vice President of Operations and Finance, William Jewell’s attorneys, or other parties as needed.

In certain narrow circumstances, the Anti-Harassment Coordinator may commence an investigation even if the complainant requests that the matter not be pursued. In such a circumstance, the Anti-Harassment Coordinator will take all reasonable steps to investigate and respond to the matter in a manner that is informed by the complainant’s articulated concerns.

B. The Content of the Investigation
The complainant will be interviewed and have the opportunity to describe his or her allegations and identify supporting witnesses or other evidence. Thereafter, the respondent shall be given written notice of the allegations, to include the identities of the parties involved, the specific policy provisions implicated, the specific conduct alleged, and the date(s) and location(s) of the alleged conduct. The respondent will then be interviewed and have an opportunity to respond to the allegations and identify supporting witnesses or other evidence.The Anti-Harassment Coordinator will review the information and testimony provided by the parties and may, depending on the circumstances, interview others with relevant knowledge, review documentary materials, and take any other appropriate action to gather and consider information relevant to the complaint.All parties and witnesses involved in the investigation are expected to promptly make themselves available to meet with the Anti-Harassment Coordinator and to cooperate and provide complete and truthful information.

C. Support Person
During the investigation process, both a complainant and a respondent may ask a support person to accompany him or her at all stages of the process. In cases involving multiple complainants or respondents, the support person cannot be another complainant or respondent. The support person does not serve as an advocate on behalf of the complainant or respondent, may not be actively involved in any proceedings, and he or she must agree to maintain the confidentiality of the process. Throughout the investigation, the Anti-Harassment Coordinator may communicate with the parties through email. Such email communication shall be directly between the Anti-Harassment Coordinator and the party, without interference from the support person.

D. Interim Measures
At any time during the investigation, the Anti-Harassment Coordinator may determine that interim remedies or protections for the parties involved or witnesses are appropriate. These interim remedies may include separating the parties, placing limitations on contact between the parties, suspension, or making alternative living, class-placement, or workplace arrangements. Failure to comply with the terms of these interim remedies or protections may constitute a separate violation of the Non-Discrimination Policy and/or the General Anti-Harassment Policy.

E. Pending Criminal Investigation
Some instances of discrimination or harassment may also constitute criminal conduct. In such instances, the complainant is also encouraged to file a report with the appropriate law enforcement authorities and, if requested, William Jewell will assist the complainant in doing so. The pendency of a criminal investigation, however, does not relieve William Jewell of its responsibility to investigate discrimination or harassment. Therefore, to the extent doing so does not interfere with any criminal investigation, William Jewell will proceed with its own investigation and resolution of the complaint.

F. Findings of the Investigation
At the conclusion of the investigation, the Anti-Harassment Coordinator will prepare a preliminary written report.The preliminary written report will explain the scope of the investigation and summarize the evidence collected. The parties will be given a reasonable amount of time to review the preliminary written report in a proctored setting.After reviewing the preliminary written report, the parties will have three (3) business days to provide any final comments to the Anti-Harassment Coordinator.Thereafter, the Anti-Harassment Coordinator will finalize the written report, including an explanation of whether any allegations in the complaint were found to be substantiated by a preponderance of the evidence, and recommending one of the three determinations specified below. Thereafter, the Anti-Harassment Coordinator shall transmit the finalized written report to both the Provost and the Vice President of Operations and Finance.

In the case of a complaint against a faculty member or student, the Provost, in consultation with the Vice President of Operations and Finance, may accept the Anti-Harassment Coordinator’s report, request to review additional information, including summaries of party/witness statements or other information, or return the report for further investigation.

In the case of a complaint against a staff-member, volunteer, or third-party, the Vice President of Operations and Finance, in consultation with the Provost, may accept the report, request to review additional information, including summaries of party/witness statements or other information, or return the report for further investigation.

After the review of the Anti-Harassment Coordinator’s report is complete, the Provost or Vice President of Operations and Finance, as the case may be, will for both the complainant and respondent, prepare and deliver a written determination of the complaint. The determination will specify one ore more of the three outcomes:

  1. Finding “No Violation”
    If there is a determination that the behavior investigated did not violate the Non-Discrimination Policy and/or the General Anti-Harassment Policy, both parties will be so informed. 
  2. Finding “Inappropriate Behavior Not Rising To The Level Of A Violation”
    There may be a determination that the behavior investigated did not violate the Non-Discrimination Policy and/or the General Anti-Harassment Policy but was inappropriate, unprofessional, or violated some other William Jewell policy. The Provost or Vice President of Operations and Finance may determine that such inappropriate behavior merits discipline, ongoing monitoring, coaching, or other appropriate action. If so, the Provost or Vice President of Operations and Finance may initiate further proceedings or impose disciplinary measures consistent with William Jewell policy.
  3. Finding “Violation”
    If there is a determination that the behavior violated the Non-Discrimination Policy and/or the General Anti-Harassment Policy, the Provost or Vice President of Operations and Finance, in consultation with any appropriate manager or department head, will determine appropriate corrective and disciplinary action to be taken. In addition, the Provost or Vice-President for Finance and Operations will implement reasonable and appropriate measures to ensure that the complainant is not subject to further discrimination or harassment and to remedy the effects of any discrimination or harassment that may have occurred. Remedial steps may include, but are not limited to, counseling or training, separation of the parties, and/or discipline of the respondent, including written reprimand, suspension, demotion, termination, or expulsion in accordance with William Jewell policy. Remedial steps that do not directly affect the respondent shall be redacted from the respondent’s copy of the written summary of findings.

G. Special Procedure Concerning Complaints Against The President, Anti-Harassment Coordinator, Provost, or Vice President of Operations and Finance
If a complaint involves alleged conduct on the part of the William Jewell President, the William Jewell Board of Trustees will designate an appropriate person to conduct the investigation required by these procedures. The written report of the investigation will be presented to the full Board of Trustees, which will prepare and issue the written determination. The determination issued by the full Board of Trustees is final and not subject to appeal.

If a complaint involves alleged conduct on the part of the Anti-Harassment Coordinator, Provost, or Vice President of Operations and Finance, the President will designate an appropriate person to conduct the investigation required by these procedures. The written report of the investigation shall be presented to the President, who will prepare and issue the written determination. The determination issued by the President is subject to appeal to the Board of Trustees consistent with the procedures set forth in Section IV below.

H. Informal Resolution
Informal means of resolution, such as mediation, may be used in lieu of the formal investigation and determination procedure. However, informal means may only be used with the complainant’s voluntary cooperation and the involvement of the Anti-Harassment Coordinator. The complainant, however, will not be required to work out the problem directly with the respondent. Moreover, the Anti-Harassment Coordinator will inform the complainant of his or her right to terminate such informal means at any time. In any event, informal means, even on a voluntary basis, will not be used to resolve complaints alleging any form of sexual violence.

I. Timing of the Investigation
William Jewell strives to complete its investigation in a reasonably prompt manner.  The length of an investigation may vary depending on all the facts and circumstances, including the complexity of the allegations, the availability of witnesses, and intervening holidays and breaks. Both the complainant and the respondent will be given periodic updates regarding the status of the investigation. If either the complainant or respondent needs additional time to prepare or to identify witnesses or information, they shall notify the Anti-Harassment Coordinator in writing explaining how much additional time is needed and why it is needed.

V. Rights of the Parties
During the investigation and determination of a complaint, the complainant and respondent shall have equal rights. They include:

  • Equal opportunity to present witnesses and other relevant evidence
  • Equal opportunity to review any statements or evidence provided by the other party
  • Equal access to review and comment upon any information independently developed by the Anti-Harassment Coordinator
  • Equal opportunity to review and comment on the preliminary written report

VI. Appeals
A. Grounds of Appeal
Except with respect to the determination of a complaint against the President, the complainant or respondent may appeal the determination of a complaint to the William Jewell President. An appeal may be made only on the following grounds:

  • The decision was contrary to the substantial weight of the evidence;
  • There is a substantial likelihood that newly discovered information, not available at the time evidence was presented to the Provost or Vice President of Operations and Finance, would result in a different decision;
  • Bias or prejudice on the part of the Anti-Harassment Coordinator or the Provost or Vice President of Operations and Finance; or
  • The punishment or the corrective action imposed is disproportionate to the offense.

B. Method of Appeal
Appeals must be filed within ten (10) days of receipt of the written determination received from the Provost or Vice President of Operations and Finance. The appeal must be in writing and contain the following:

  • Name of the complainant
  • Name of the respondent
  • A statement of the resolution of the complaint, including corrective action if any
  • A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it, and
  • Requested action, if any.

The appellant may request a meeting with the President, but the decision to grant a meeting is within the President’s discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.

C. Resolution of the Appeal
The President will resolve the appeal within fifteen (15) days of receiving it and may take any and all actions that he or she determines to be in the interest of a fair and just decision. The decision of the President is final. The President shall issue a short and plain, written statement of the resolution of the appeal, including any changes made to the Provost or Vice President of Operations and Finances’ previous written determination. The written statement shall be provided to the complainant, respondent, and the Anti-Harassment Coordinator within three (3) days of the resolution.

VII. Retaliation
It is a violation of Non-Discrimination Policy and the General Anti-Harassment Policy to engage in material, adverse action against any member of the William Jewell Community because that person reported or assisted in making a complaint of harassment, or because the person participated in the investigation and/or resolution of a complaint in any way. Retaliation may result in independent or heightened disciplinary consequences for any persons found to have engaged in retaliation.

VIII.  Documentation
Throughout all stages of the investigation, resolution, and appeal, the Anti-Harassment Coordinator, the Provost, Vice-President for Finance and Operations, and the President are responsible for maintaining documentation of the investigation and appeal, including documentation of all proceedings conducted under these complaint resolution procedures, which may include written findings of fact, transcripts and audio recordings.

IX. Intersection With Other Procedures
These complaint resolution procedures are the exclusive means of resolving complaints alleging violations of the Non-Discrimination Policy and Anti-Harassment Policy. To the extent there are any inconsistencies between these complaint resolution procedures and other William Jewell grievance, complaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging violations of the Non-Discrimination Policy and Anti-Harassment Policy. Depending on the outcome of an investigation under these complaint resolution procedures, William Jewell may initiate additional procedures under other policies, such as those governing faculty discipline.

Notwithstanding the foregoing, Sexual Harassment, as defined in the Sexual Harassment Policy (which includes Sexual Assault, Domestic Violence, Dating Violence, and Stalking, as defined therein), will be governed exclusively by the Sexual Harassment Policy and processes stated therein.