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Anti-harassment Policy and Title IX Notification

Franklin & Marshall College is committed to having an inclusive campus community where all members are treated with dignity and respect. Franklin & Marshall does not tolerate harassment or discrimination of, or by, employees and students of the College based on gender, sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, veteran’s status, pregnancy or childbirth, sexual orientation, or membership in any other protected group based on federal, state, or local law. The College will act expeditiously to investigate alleged harassment and to remedy it if the allegation is valid.

Franklin & Marshall College affirms its commitment to ensuring fair and respectful learning and working conditions for its students, faculty, and professional staff. Harassment of or by faculty, professional staff, or students is unacceptable in a college because it is a form of unprofessional behavior that is detrimental to the educational and work environments. Harassment is prohibited based on College policy and Title VII of the Civil Rights Act. Additionally, in accordance with Title IX of the Education Amendments of 1972, Franklin & Marshall College does not discriminate on the basis of sex in its educational programs and activities.

Scope

This policy applies to all faculty and professional staff of the College; unpaid College volunteers; student workers; students; Trustees of the College; and visitors, contractors, contracted service providers, and vendors to the College (“third parties”).

Definition and Prohibited Behaviors

Harassment is unwelcome and offensive behavior that intimidates or discriminates against an individual or group based on gender, sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, veteran’s status, pregnancy or childbirth, sexual orientation, or membership in any other protected group based on federal, state, or local law. It is behavior that has the effect of creating an intimidating, hostile, or offensive work environment which interferes with an individual's ability to perform his/her job. Harassing behaviors may be verbal, written, or physical.

Prohibited behaviors, when seve re or pervasive and which have the effect of discriminating against and/or in timidating a College employee or student, can include:

  • Verbal Harassment or Abuse -- employing slurs, epithets, or insulting jokes which reference gender, sex, race, national/ethn ic origin, color, religion, age, disability, or sexual orientation; other inappropriate or derogatory comments, questioning, or innuendos which reference a protected class; bullying; threats
  • Visual Harassment or Abuse -- displaying, posting, advertising, or distributing material that is offensive, indecent, or abusive which references gender, sex, race, national/ethnic origin, color, religion, age, disability, sexual orientation or any other protected class; making obscene gestures
  • Physical Harassment or Abuse Including Sexual Violence -- unwanted touching or other physical contact; abuse of personal property; assault
  • Retaliation — penalizing, threatening, or retaliating against an individual or group who makes a good - faith report of harassment, as defined by this policy, or who cooperates in the investigation of a claim or is allied to someone who does

Harassment can occur between a supervisor or department chair and a staff member; between a department chair and a faculty member; between colleagues; between a faculty or staff member and a student or student employee; between students; or between a third party vendor or visitor and a College employee or student.

Some examples of inappropriate and potentially harassing workplace behaviors include:

  • posting or distributing explicit materials such as calendars, posters, or cartoons, or materials others would likely find offensive or do find offensive
  • using or maintaining sexually explicit or offensive screen savers or other computer files
  • displaying offensive objects or “ knick - knacks”
  • telling "off color" jokes or joking about someone's age
  • making derogatory remarks based on someone's gender /sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, sexual orientation or perceived sexual orientation
  • sending or forwarding derogatory email messages that reference gender/sex, race, national or ethnic origin, birthplace or ancestry, color, religion, age, disability, sexual orientation or perceived sexual orientation

Behavior that may not necessarily be unwelcome to a particular individual (such as joking or banter) but which refers to gender, race, national/ethnic origin, color, religion, age, disability, or sexual orientation in a demeaning or insulting way is inappropriate in the College workplace and is prohibited.

Prohibited behaviors as defined above are unacceptable in the workplace both during the work day and during College - sponsored events such as off - campus business meetings or conferences, and receptions or other social events.

Inappropriate comments posted about a colleague or student on a social networking site or blog may be considered a violation of this policy. Franklin & Marshall employees are expected to use good judgment and to interact with colleagues and students in a professional manner when using social networking sites.

Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the College's educational mission. Speech, or other expressions, occurring in an instructional or research context will not be considered to constitute harassment as prohibited by this policy, unless, in addition to satisfying the definition above, it is targeted at a specific person(s) and is either abusive, humiliating, or persists despite reasonable objections by the person(s) targeted by the speech.

Personal Relationships

In order to maintain a safe and respectful learning and working en vironment, faculty, professional staff, and students are expected to interact with each other in a professional manner. Romantic or sexual relationships between College employees and students, as well as supervisors and those they supervise, may negatively affect learning, department performance, and morale; create conflicts of interest; and may lead to claims of sexual harassment or assault, abuse of power, or favoritism. Therefore, romantic or sexual relationships between College faculty or staff and students, and between supervisors and those they supervise, even when consensual are not permitted.

Harassment of Students

Harassment of students is strictly prohibited. Students are to promptly report suspected harassment, assault, or rape to the College ’s Title IX Coordinator: the Vice President for Finance and Administration (717) 291 - 3993; or to the Deputy Title IX Coordinator: the Director, Sexual Misconduct Services, (717) 358 - 7178 . Members of the faculty and professional staff, and other individual s including contracted service providers, who witness or become aware of possible harassment of a student by a College employee or other individual affiliated with the College are to immediately notify the College’s Title IX Coordinator: the Vice President for Finance and Administration (717) 291 - 3993; or the Deputy Title IX Coordinator: the Director, Sexual Misconduct Services , (717) 358 - 7178.

Harassment by a College Visitor

Harassment of employees or students by a visitor to the College, a Trustee of the College, a College volunteer, a contractor or contracted service provider, or a vendor to the College is strictly prohibited.

Harassment of an employee is to be promptly reported to the Title IX Coordinator : the Vice President for Finance and Administrat ion (717) 291 - 3993; or to the Director, Human Resources, (717) 358 - 4278. Harassment of a student is to be reported to the Title IX Coordinator: the Vice President for Finance and Administration (717) 291 - 3993; or to the Deputy Title IX Coordinator: the Director, Sexual Misconduct Services , (717) 358 - 7178.

Visitors who harass employees or students will be required to leave College premises, and may be prosecuted to the full extent of the law.

Harassment of visitors to the College is also prohibited. Visitors s hould report conduct prohibited by this policy to the Title IX Coordinator, (717) 291 - 3993 or to the Department of Public Safety, (717) 291 - 3939.

Title IX Notification

In accordance with Title IX of the Education Amendments of 1972, which prohibits a college from discrimination based on sex, Franklin and Marshall College does not discriminate on the basis of sex or gender in its educational programs and activities.

Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator: the Vice President for Finance and Administration, Old Main 201, Franklin & Marshall College, Lancaster, PA 17604, (717) 291 - 3993 , dave.proulx@fandm.edu. The College has also designate d a Deputy Title IX Coordinator for inquiries involving students: the Director of Sexual Misconduct Services, Appel Health Services, Franklin & Marshall College, Lancaster, PA 17604 , (717) 358 - 7178 , janet.masland@fandm.edu . Inquiries or complaints may also be directed to the Office for Civil Rights, Philadelphia Office , U.S. Department of Education , 100 Penn Square East, Suite 515 , Philadelphia, PA 19107 - 3323 , telephone number (215) 656 - 8541, fax (215) 656 - 8605 , email address OCR.Philadelphia@ed.gov.

Procedures for Reporting Suspected Harassment and Sexual Violence

The Title IX Coordinator has College-wide responsibility for assuring that complaints of harassment, including sexual violence , are investigated in a prompt, thorough, and equitable manner , and for meeting the College’s legal obligations in any harassment or sexual violence matter. Any member of the College community may at any time report harassment, including violence, to the Title IX Coordinator:

Vice President for Finance and Administration
Old Main, 201
(717) 291 - 3993
dave.proulx@fandm.edu

Reports may also be made as outlined below. The individual who receives the report will notify the College’s Title IX Coordinator that a report has been made.

In situations where personal safety is clearly not at risk, an employee or student who believes he/she has been subjected to harassment by a member of the faculty or staff; a supervisor, manager, or de partment chair; or third party is encouraged to clearly communicate to the alleged offender that the behavior is unwelcome. If the individual does not feel comfortable doing so, or if the matter involves conduct such as sexual assault, he/she is to follow the procedures described below.

Suspected Harassment of a Member of the Faculty or Professional Staff —

Faculty and p rofessional staff who believe they are being harassed in violation of this policy, or who believe another member of the faculty or professional staff is being harassed, are to report that information to one of the following:

  • The College’s Title IX Coordinator: the Vice President for Finance and Administration, (717) 291 - 3993
  • The Director, Human Resources, (717) 358 - 4278
  • The Provost and Dean of the Faculty, (717) 291 - 3986 (for faculty members making reports; faculty may also make reports to the Title IX Coordinator or to the Director, Human Resources)

Suspected Harassment of a Franklin & Marshall Student —

Faculty, professional staff, students, contracted service providers, or others who have information about harassment of students are to report that information to one of the following:

  • The College’s Title IX Coordinator: the Vice President for Finance and Administration, (717) 291-3993
  • The Deputy Title IX Coordinator: the Director, Sexual Misconduct Services, (717) 358-7178

Members of the faculty and staff, including supervisors , managers , and department chairs , as well as contracted service providers , who witness harassment toward an employee or a student in violation of this policy, or become aware that harassment may be occurring , are required to promptly notify the appropriate ind ividual as described above. This applies even if a complaint of harassment is not made directly to the individual.

In all cases, the College’s Title IX Coordinator will be informed of the complaint.

Reporting Suspected Criminal Activity

As indicated above, faculty and p rofessional s taff who believe they are being harassed in violation of this policy , or who believe another member of the faculty or professional staff is being harassed, are to report that information to one of the following: the College’s Title IX Coordinator: the Vice President for Finance and Administration, (717) 291 - 3993; the Director, Human Resources, (717) 358 - 4278; or the Provost and Dean of the Faculty, (717) 291 - 3986 (for faculty members making reports).

If an employee, contracted service provider, or other member of the College community learns about sexual harassment, discrimination , or sexual assault / sexual violence involving a student , the individual should promptly contact one of the following: the College’s Title IX Coordinator : the Vice President for Finance and Administration, (717) 291 - 3993; or the Deputy Title IX Coordinator: the Director, Sexual Misconduct Services, (717) 358 - 7178 .

Other suspected criminal activity involving or witnessed by a member of the College community is to be immediately reported to the Department of Public Safety, (717) 291 - 3939.  Employees, students, and others are a lso encouraged to report suspected criminal activity to the appropriate law enforcement official.

Please note: Members of the faculty and professional staff should also see the College’s policy for Mandated Reporters for important information about reporting suspected assault and other crimes. As noted above, any suspected criminal activity should be reported to the Department of Public Safety, (717) 291- 3939.

Investigation and Grievance Procedures

When the College receives a complaint of harassment, including sexual violence , as defined by this policy, or a complaint under Title IX, it will conduct a prompt , thorough, and impartial investigation as summarized below. The College’s Title IX Coordinator will be notified of the claim. The Title IX Coordinator or Deputy Title IX Coordinator will determi ne to whom to assign the responsibility to investigate. The investigation will typically involve interviewing the individual who believes he/she has been harassed; interviewing the individual who has been accused; and interviewing any witnesses or those who are believed to have relevant information about the claim. The individual being accused generally has the right to know who has made an allegation against him/her. The supervisor of an employee making a claim and the supervisor of an employee being named in a claim may be notified of the claim, only if appropriate.

When the individual making a claim or the accused is a member of the faculty, the investigation will normally be assigned to the Provost’s Office with oversight by the Title IX Coordinator. Generally, an Associate Dean of the Faculty will conduct the investigation, meeting with the individual making the claim, the individual who has been accused, and any witne sses or those who may have relevant information. The individual who made the claim and the individual who was accused will be notified , in writing , of the outcome of the investigation. Any corrective action toward a faculty member will be determined based on procedures set forth in the Faculty Handbook.

When a claim involves an employee of the College other than a faculty member, the investigation will typically be assigned to the Director, Human Resources. The Title IX Coordinator may delegate responsibility for the investigation to another member of the professional staff as appropriate. The individual who made the claim and the individual who was accused will be notified , in writing , of the outcome of the investigation . Any corrective action to ward a member of the professional staff will be based on standard College procedures. The College, in its sole discretion, makes disciplinary decisions.

Claims involving students will be investigated per the Sexual Misconduct Policy available in the College Life Manual.

During the course of an investigation, the individual conducting the investigation and/or the Title IX Coordinator may consult with or notify the Deputy Title IX Coordinator; the College President; the Provost; the Dean of the College; the Director, Human Resources; the Director, Public Safety; and/or another administrator or outside legal counsel as appropriate.

The privacy of all those involved, including the accuser and the accused, will be protected to the extent possible. Only thos e with a business need-to-know will be involved in the investigation.

When a complaint is filed by a student who requests that his / her name or other identifiable information not be revealed, the Title IX Coordinator will evaluate that request in the con text of the College’s responsibility to provide a safe and non-discriminatory environment for all students. If confidentiality cannot be assured, the Title IX Coordinator or investigator will so notify the student.

Employees questioned by the College dur ing the course of an investigation are expected to provide their full cooperation. In turn, it is the expectation of the College that all those involved in an investigation, including the individual making the claim, the individual who has been accused, a nd any witnesses will be treated with dignity and respect during the course of the investigation.

In cases involving unusually serious conduct or a clear risk of retaliation, the College will take measures to protect the complainant from harm or retaliati on, such as a temporary or permanent transfer of t he alleged offender to another position, suspension of the alleged offender , or other reasonable interim measures.

If criminal conduct has be en alleged, the claimant may elect to file a complaint with the appropriate authorities. The College will conduct its own investigation even if a criminal investigation occurs.

The College will normally conclude its investigation in a period of 60 days or less. In rare cases where the matter presents particular complexities or the unavailability of witnesses, the time period may be extended. All investigations will offer an equal opportunity for the accuser and the accused to present relevant witnesses and other evidence. At the conclusion of the investigation, appropriate administrators of the College will determine whether a v iolation of this policy occurred using a “preponderance of the evidence” standard. This means that, based on the totality of the evidence, harassment more like ly than not o ccurred (not a “clear and convincing evidence” standard).

The individual making the complaint, as well as the alleged offender, will be apprised of the outcome of the investigation in writing . If either the individual making the complaint or the alleged offender is not satisfied with the results of the investigation, he/she may file an internal complaint by following the College's Problem Resolution Procedures, available from the Human Resources web pages.

If the complaint of harassment is found to have merit, appropriate action will be taken against the individual(s) responsible for a violation of this policy, u p to and including immediate termination of employment. Faculty disciplinary matters will be handled per procedures outlined in the Faculty Handbook . The College will take necessary action designed to assure no recurrence of harassment. Romantic or sexual relationships between College employees and students, even when consensual, are prohibited and may lead to immediate employment termination.

No retaliation will be taken or permitted against an employee or student who makes a good - faith report of haras sment, or toward anyone who cooperates in the investigation of the complaint. Allegations of retaliation should be reported to the same individuals to whom reports of harassment and sexual violence are to be made , as outlined above.

The internal reporting procedure described above is to be followed so harassment can be dealt with promptly by the College. Employees also have the right to file a complaint of unlawful harassment with the Pennsylvania Human Relations Commission and the federal Equal Employmen t Opportunity Commission. Complaints filed with the PA Human Relations Commission must be filed within 180 days of the last instance of unlawful harassment. Employees who file a charge with the Equal Employment Opportunity Commission must do so within 300 days of the last incident of unlawful harassment. Employees and students may also file complaints with the Office of Civil Rights of the U. S. Department of Education, 400 Maryland Avenue S.W., Washington DC 20202 - 1100, www.ed.gov.


Policy Maintained by: Human Resources, Director

Last Reviewed: March 14, 2013