Sex Discrimination Policy

Rationale

The University is committed to equal education and employment opportunities for men and women and does not discriminate on the basis of sex in its education and admissions policies, financial affairs, employment programs, student life, and services.

Compliance with law and policy requires that the University appoint a title IX compliance officer and provide a procedure for the prompt and equitable resolution of student and employee complaints of sex discrimination.

Prohibited acts and legal responsibilities

Sex discrimination is against the law. Title IX requires that: ?No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of; or be subjected to discrimination under any education program or activity receiving federal financial assistance. Sex discrimination is treating a person differently because of that person's gender. Sex discrimination is prohibited in student admissions, academic requirements, and rights and privileges of enrollment, benefits, and services, access to employment, hiring and promotion, compensation, job assignment, leave of absence, and fringe benefit.?

The University substantially complies with title IX of the education amendments of 1972, excepting only those provisions which conflict with teachings, practices of the Seventh-day Adventist Church regarding morality, deportment, and appearance, pursuant to express exemption by the assistant secretary of the United States department of education (secs. 106.12 (a) (b), 106.21, 106.31, 106.39, 106.40, 106.51 and 106.57) and reserving such federal and state constitutional and statutory rights as may apply to a religious nonprofit employer under state and federal law.

Coordination

The title IX coordinator is the University affirmative action officer. That person is W. Augustus Cheatham, MSW, vice chancellor for public affairs, room 101, Magan Hall, telephone (909) 558-4544.

Eligibility to file grievance

Any faculty, employee, or student may file a grievance alleging a violation of title IX with the title IX coordinator. In cases where the alleged discriminatory conduct is in the nature of sexual harassment, the grievance shall be pursued under the University's sexual harassment policy.

Grievance filing

Grievances filed with the title IX coordinator shall be in writing and provide the following information: name and address of grievant(s); nature and date of alleged violation; names of persons responsible for alleged violations (where known); requested remedy or corrective action; and any background information the grievant believes to be relevant.

Grievance forms

A grievance form shall be prepared by the title IX coordinator to facilitate the filing of the grievance. These forms may be obtained from the title IX coordinator.

Procedures

Because of the legal prohibitions against sex discrimination and to assure speedy and complete resolution of these issues the University has established informal mediation procedures and formal grievance procedures for handling complaints involving sex discrimination. Informal procedures may be utilized but are not required to precede the formal procedures.

In describing these procedures, complainant refers to any student, faculty member, or employee who complains about sex discrimination. Respondent refers to any student, faculty member, or employee who is accused of sex discrimination against a student, faculty member, or employee, or, in the case of a complaint against a policy, the school or the University which is accused of discrimination by policy.

If a complaint is directed against an individual who would otherwise play a role in investigating and attempting to resolve the complaint, the function assigned to that person by these procedures will be delegated to another person designated by the appropriate dean of a school or administrator.

Informal procedures: University ombudsperson panel

The chancellor shall appoint a panel of three to five members to serve as counselors and third-party ombudspersons to members of the University community. Terms of appointment shall be two years. The function of a University ombudsperson shall be to attempt to resolve informally complaints of sex discrimination brought to them by members of the University community. Any student, faculty, or staff member may select an ombudsperson of his/her choice from the panel. Informal proceedings may also be initiated by an administrative official of the University. Each ombudsperson will function individually to mediate complaints, but all ombudspersons will follow consistent procedures. Training of ombudspersons shall be the responsibility of the title IX coordinator.

Ombudspersons shall:

1. Listen to the complaint, and assist the complainant in clarifying his/her experiences and concerns;

2. Advise the complainant on his/her options, both informal and formal;

3. Inform the responsible dean of the school or administrator before any inquiry is begun; and

4. Attempt to work out a satisfactory solution between the complainant and the University or other accused.

If both parties are satisfied with the outcome of the ombudsperson process, the matter ends there.

If the respondent is not willing to participate in the ombudsperson process, the ombudsperson will inform him/her of the formal procedures, and will explain the options available to him/her.

If the complainant is not satisfied with the outcome, he/she may take the matter through the appropriate formal grievance procedures as set forth below.

Formal procedures

Formal procedures may be initiated by the aggrieved person or an administrative official of the University subsequent to the failure of informal efforts to resolve the problem. A formal grievance relating to a complaint of sex discrimination may be initiated by any student, faculty member, or employee, either in lieu of informal efforts or where informal efforts have failed.

Investigation prior to formal action

A complainant wishing to make a formal complaint and have it pursued should file it with the title IX coordinator, who will consult with the appropriate dean or administrative officer to determine the method by which the investigation will be conducted.

The purpose of the investigation is to establish whether there is a reasonable basis for believing that the alleged violation of title IX has occurred. In conducting the investigation, the appropriate administrator will be assisted by no more than three persons who may interview the complainant, the accused, and other persons believed to have pertinent factual knowledge.

The investigation will afford the respondent a full opportunity to respond to the allegations.

Possible outcomes of the investigation are: a judgment that the allegations are not warranted; a negotiated settlement of the complaint; or institution of formal action described in succeeding sections of this policy.

Process of taking formal action

Formal action regarding complaints or sex discrimination will be taken by one of the following individuals:

1. If the respondent is a faculty member, graduate assistant, or employee responsible to an academic administrator, or if the complaint involves the policy of a school, formal action will be taken by the dean of the school of the respondent or by the dean's designee.

2. If the respondent is an employee of a non-academic unit of the University, formal action will be taken by the supervisor who makes decisions about the employment status of the respondent, or, in the case of a policy alleged to be in violation of title IX, action will be taken by the vice chancellor for financial affairs.

3. If the allegations involve a University-wide academic policy or practice, formal action will be taken by the vice chancellor for academic and research affairs or the vice chancellor's designee.

If, after reviewing the report of the investigation, the appropriate administrative official as described in ?procedures? section concludes that there is a reasonable basis for believing that the alleged violation of this policy has occurred and a negotiated settlement cannot be reached, a formal action will be taken.

Protection of complainant and others

Investigation of complaints will be initiated only upon a written complaint. The complainant will be informed fully of steps taken during the investigation.

All reasonable action will be taken to assure that the complainant and those testifying on behalf of the complainant or supporting the complainant in other ways will suffer no retaliation as a result of their activities in regard to the process. Steps to avoid retaliation might include:

Lateral transfers of one or more of the parties in an employment setting, a comparable move if a classroom setting is involved, and arrangements that academic and/or employment evaluations concerning the complainant or others be made by an appropriate individual other than the respondent.

Protection of the respondent

At the time the investigation commences, the respondent will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations.

In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the respondent if it was damaged by the proceeding.

A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to University discipline.

Protecting both parties

To the extent possible, the proceedings will be conducted in a way calculated to protect the confidentiality interests of both parties.

After the investigation, the parties will be informed of the facts developed in the course of the investigation.

The parties will be informed within 30 days about the outcome of the proceedings.

Education as a key element of University policy

Educational efforts are essential to the establishment of a campus environment that is as free as possible of unlawful sex discrimination.

There are at least four goals to be achieved through education:

1. ensuring that all faculty, employees, and students are aware of their rights;

2. notifying faculty, employees, and students of discriminatory conduct that is proscribed;

3. informing administrators about the proper way to address complaints of sex discrimination; and4. providing sensitivity training addressing the issues in this policy for those who require it.

Preparation and dissemination of information

The office of the chancellor is charged with distributing copies of this policy to all current members of the University community and to all those who join the community in the future. An annual letter from the office of affirmative action will be sent to all faculty and staff to remind them of the contents of the sex discrimination policy including the provisions added to it by this policy. A copy of the sex discrimination policy will be included in student, faculty, and employee-oriented materials. In addition, copies of the policy will be made continually available at appropriate campus centers and offices.

	back	forward