Discrimination and Harassment Policy and Guidelines
Loyola University New Orleans strives to create and maintain a working and learning environment in which people are treated with dignity, decency, and respect. The environment of the university should be characterized by mutual trust and the absence of intimidation, oppression, and exploitation. Employees and students should be able to work and learn in a safe, yet stimulating atmosphere. The accomplishment of this goal is essential to the mission of the university. For that reason, Loyola will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and through education of employees and students, Loyola will seek to prevent, correct, and, when necessary, sanction behavior that violates this policy.
All employees and students, regardless of their position, are covered by and are expected to comply with this policy, and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee or student who violates this policy.
Any Loyola faculty member who is found to have engaged in conduct prohibited under this policy is subject to disciplinary action according to the procedures in the Faculty Handbook. Any Loyola staff member who is found to have engaged in conduct prohibited under this policy is subject to disciplinary action according to the procedures in the Human Resources Policies and Procedures Manual. Any Loyola student who is found to have engaged in conduct prohibited under this policy is subject to disciplinary action according to the procedures in the Student Handbook.
PROHIBITED CONDUCT UNDER THIS POLICY
1. Discrimination:
a) It is a violation of this policy to discriminate in the provision of employment or educational opportunities, to create discriminatory work or learning conditions, or to use discriminatory evaluative standards if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, sex, national origin, age, religion, disability status, military/veteran status, or sexual orientation.
b) Discrimination of this kind is also prohibited by a variety of federal, state, and local laws, including Title VII of the Civil Rights Act 1964; Title IX of the Educational Amendments of 1972; the Age Discrimination in Employment Act of 1975; the Americans With Disabilities Act of 1990; the Family and Medical Leave Act; the Equal Pay Act, and Louisiana discrimination statues.
c) Discrimination in violation of this policy will be subject to severe sanctions up to and including termination of employment.
2. Harassment:
Harassment, including sexual harassment, is prohibited by federal and state laws. This policy prohibits harassment, and Loyola will take appropriate action to swiftly address any unlawful harassment. Harassment is defined as verbal or physical conduct that has as its effect to threaten, intimidate, or coerce. Also included are verbal taunting (including racial and ethnic slurs) which, in the employee’s or the student’s opinion, impairs his or her ability to perform his or her job or studies.
Examples of inappropriate conduct are:
(1) Verbal: Insulting comments, epithets, slurs or negative stereotyping regarding a person’s nationality, origin, race, color, religion, age, gender, sexual orientation, disability, or other protected status.
(2)Non-verbal: Distribution or display of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, disability, or other protected status.
3. Sexual Harassment:
Sexual harassment in any form is prohibited under this policy. Sexual harassment is a form of discrimination and is unlawful under Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972. According to these statutes, sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment or educational decisions or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working or learning environment.”
Sexual harassment includes unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when such conduct:
a) Is made explicitly or implicitly a term or condition of employment or education, or
b) Is used as a basis for an employment or educational decision, or
c) Unreasonably interferes with an employee or student’s work performance or creates an intimidating, hostile, or otherwise offensive environment.
Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome, that is personally offensive, and therefore interferes with work or learning effectiveness.
Sexual harassment may take different forms. Examples of conduct that may constitute sexual harassment are:
(1) Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, threats, requests for any type of sexual favor (this includes repeated, unwelcome requests for dates), and verbal abuse or “kidding” which is oriented towards a prohibitive form of harassment, including that which is sex oriented and considered unwelcome.
(2) Non-verbal: The distribution, display, or discussion of any written or graphic material, including images, posters, and cartoons that are sexually suggestive, or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, that is sexual in nature.
(3) Physical: Unwelcome, unwanted physical contact, including but not limited to, touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, and/or fondling; forced sexual intercourse or assault.
Courteous, mutually respectful, non-coercive interactions between employees and/or students that are acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.
There are three types of sexual harassment:
1. "Quid pro quo" harassment, where submission to harassment is used as the basis for employment or educational decisions.
Quid pro quo harassment occurs when employee benefits such as raises, promotions, working hours, etc., or student benefits such as grades, assignments, recommendations, etc. are directly linked to compliance with sexual advances. Therefore, only someone with the authority to grant such benefits can engage in quid pro quo harassment. Example: A supervisor promising or implying a raise to an employee if she goes on a date with him; a professor telling or suggesting to a student he will not get a recommendation for graduate school if he does not go out with her.
2. "Hostile work or learning environment," where the harassment creates an offensive and unpleasant working or learning environment.
Hostile environment can be created by anyone in the work or learning environment, whether it is supervisors, fellow employees, professors, students, or outside contractors. Hostile environment harassment consists of language of a sexual nature, unwelcome sexual materials, or unwelcome physical contact as a regular part of the work environment. Cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category.
3. “Gender-based hostility”, where an individual or individuals are harassed because of their gender.
Procedure
What those who are harassed should do:
a) Loyola wants to stop inappropriate behavior, especially before it becomes a violation of law. The university cannot solve a problem of which it is not aware. Report inappropriate behavior.
b) Review the complaint procedure set forth in this document.
•Contact the director of human resources to file a complaint against an employee—faculty or staff. If the director of human resources is unavailable, or if you are uncomfortable reporting to the director of human resources, you may report to the alternate—vice president for administration and finance.
Contact the vice president for student affairs and associate provost to initiate a complaint against a student. If the vice president for student affairs and associate provost is unavailable, or if you feel uncomfortable reporting to the vice president for student affairs and associate provost, you may report to the alternate—the director for residential life. The vice president for student affairs and associate provost or her alternate will request that you meet with the investigator for University Police to file a written report.
The complainant (the employee or student making the complaint) may use the Harassment/Discrimination Reporting Form or other written form of communication, or may file a complaint in person with the appropriate party referenced above. Note: It is not a prerequisite for filing a complaint with the university that you first confront the alleged violator.
What to do if you observe discrimination or harassment:
If you become aware of discrimination or harassment, either from personal observation or as a result of an employee or student coming forward, you should immediately report it to the director of human resources or alternate (faculty or staff alleged violator) or the vice president for student affairs and associate provost or alternate (student alleged violator).
Complaints in which the alleged violator is a student:
- Upon receiving a complaint of discrimination or harassment in which the alleged violator is a student, the vice president for student affairs and associate provost will request the complainant meet with University Police.
- The University Police Investigator will conduct an investigation and upon conclusion forward the written Incident Report to the vice president for student affairs and associate provost who will follow the disciplinary process as outlined in Chapter 10 of the Student Handbook. The vice president for student affairs and associate provost will also notify the director of risk management that an alleged violation of the Discrimination and Harassment policy has occurred.
- The university disciplinary process for students, as outlined in Chapter 10, Student Handbook, applies to students while they are on the campus of Loyola University, or when they attend functions and events off campus which are Loyola-related or when their off-campus behavior is a violation of criminal law or constitutes a hazard to the health, safety, or well-being of themselves or members of the university community.
- Disciplinary proceedings can be carried out prior to and/or simultaneously with civil or criminal proceedings off campus. University disciplinary action will not be subject to challenge on the grounds that civil or criminal charges involving the same incident have been dismissed or reduced. Written complaints of incidents involving student-on-student, student-on-faculty, or student-on-staff must be filed no later than the last day of the semester following the semester in which the alleged incident occurred (not including the summer).
Complaints in which the alleged violator is a staff or faculty member:
Upon receiving a complaint against a staff or faculty member or being advised that a violation of this policy may be occurring, the director of human resources will review the complaint with the vice president of the department in which the alleged violator works, and will notify the director of risk management that an alleged violation of the Discrimination and Harassment policy has occurred. The director of human resources or alternate will promptly initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.
- During the investigation, the director of human resources or his/her designate will interview the complainant, the respondent, and any witnesses to determine whether the conduct occurred.
- Within a reasonable time of the complaint being filed, the investigator will conclude the investigation and submit a report of his or her findings to the appropriate vice president. (If the designate is the investigator, she/he will report first to the director of human resources.)
- If the investigator concludes that harassment or discrimination in violation of the university’s policy has occurred, the director of human resources will recommend to the vice president of the respondent’s division and to the president that appropriate disciplinary action be taken by the university in accordance with the disciplinary procedure appropriate for the status of the respondent. The appropriate action will depend on the following factors: (i) the severity, frequency, and pervasiveness of the conduct; (ii) prior com-plaints made against the respondent; (iii) the quality of the evidence (first-hand knowledge, credible corroboration, etc.).
- If the investigation is inconclusive or it is determined that there has been no harassment or discrimination in violation of this policy, but some potentially problematic conduct is revealed, other corrective action may be taken.
Special reporting situations:
Allegations of discrimination or harassment by the director of human resources should be reported to the vice president for finance and administration. Allegations of discrimination or harassment by a vice president should be reported to the president. Allegations of discrimination or harassment by the president should be reported to the chair of the Board of Trustees.
Any person using the complaint resolution procedure will be treated courteously, the problem handled swiftly and as confidentially as feasible in light of the need to take appropriate corrective action, and the registering of a complaint will in no way be used against the employee or student, nor will it have an adverse impact on the individual’s employment or educational status. While reporting such incidents can be a difficult personal experience, allowing discrimination or harassment activities to continue will most certainly lead to less desirable outcomes. For that reason, employees and students are required to follow these procedures. However, filing groundless and malicious complaints is an abuse of this policy and is prohibited.
Responsibilities
All Loyola employees and students must share the responsibility of understanding and preventing discrimination and harassment. Ultimately, no satisfactory investigation or resolution of complaints can occur without the initiative and continued cooperation of the complainant.
Duty to Report
Administrators, managers, supervisors, and faculty have the special responsibility to act promptly to eliminate any discrimination or harassment that exists in their areas of responsibilities, including not only employment but educational programs and student life. If an administrator, supervisor, manager, or faculty knows, believes, or suspects that discrimination, harassment, or retaliation is occurring, or receives information that discrimination, harassment, or retaliation might be occurring, he or she must take immediate action to address the problem. Such action should include, but is not limited to, speaking directly with the injured person, developing a specific account of the actions, omissions, or occurrences that are alleged to be discriminatory or harassing, and consulting with the director of human resources and/or the vice president of student affairs and associate provost or their alternates.
The director of human resources is responsible for receiving complaints where faculty or staff employees are alleged to have committed discrimination, sexual harassment, other harassment, or retaliation; and keeping the director of risk management, the appropriate vice president(s) and the president informed.
The vice president for student affairs and associate provost or her designee is responsible for receiving complaints where students are alleged to have committed discrimination, sexual harassment, other harassment, or retaliation; and keeping the director of risk management, the appropriate vice president, and the president informed.
The director of risk management is responsible for receiving complaints where an outside party is alleged to have committed discrimination, sexual harassment, other harassment, or retaliation against a Loyola employee or student; and keeping University Police and the appropriate vice president(s) and the president informed.
The director of human resources, vice president for student affairs and associate provost, and director of risk management will provide information and education to the employees, management, and students on recognizing, understanding, and combating unlawful discrimination and harassment.
Confidentiality
a) Loyola wishes to create a safe environment in which individuals are not afraid to discuss concerns and complaints or to seek general information about discrimination, harassment, and retaliation. The university recognizes that individuals may be concerned about the confidentiality of information they share and will strive to preserve confidentiality to the fullest extent possible.
b) The Counseling & Career Services Center and University Ministry provide confidential counseling services to Loyola employees and students. Persons wishing to discuss confidentially an incident of possible discrimination, harassment, or retaliation, or persons seeking information and advice without committing to future action, are encouraged to contact the Counseling & Career Services Center or University Ministry. The role of the counselor or minister in such cases will be limited to personal counseling and treatment of the person.
c) Employees or students seeking guidance from Loyola clergy or Loyola licensed counselors may invoke a privilege of confidentiality. Employees or students who seek confidential advice from counselors or clergy will not be deemed to have filed a formal complaint with Loyola.
d) Loyola will take prompt responsive action once informed that discrimination, harassment, or retaliation has occurred or may be occurring by conducting an investigation.
e) Confidentiality will be maintained to the extent practicable. During the investigative process, any information gathered, or any notes or documents written by or received by the person(s) conducting the investigation will be shared only with those who have a legitimate need to know and as required by law.
Retaliation
1) No hardship, no loss or benefit, and no penalty may be imposed on an employee or student as punishment for:
a) filing or responding to a bona fide complaint of discrimination or harassment;
b) appearing as a witness in the investigation of a complaint; or
c) serving as, or assisting, an investigator or otherwise acting to enforce the policy;
2) Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe sanctions.
Title IX Compliance
Loyola University New Orleans strongly supports equal opportunity in all aspects of university services and employment as provided in Title IX of the Education Amendments of 1972. Inquiries, concerns, and questions regarding the application of Title IX to university programs, services, employment, and policies should be addressed to the Title IX coordinator. The Title IX coordinator for Loyola University is the director of human resources. The Title IX coordinator may be contacted at:
Campus Box 16
(504) 864-7914
