Policy Against Harassment, Discrimination And Retaliation And Complaint Resolution Procedures


I. Commitment to Non-Discrimination, Non-Harassment and Non-Retaliation and Reporting

Discrimination, harassment and retaliation on the basis of protected status (see the Notice of Nondiscrimination and Equal Opportunity for a definition of “protected status”) are strictly prohibited. Persons who engage in such conduct are subject to discipline up to and including termination or dismissal.

Preventing prohibited discrimination, harassment and retaliation is the responsibility of all members of the University Community. All University employees, supervisors, and administrators who have not been designated as confidential employees because of professional or pastoral confidentiality, are considered responsible employees under the policy and must immediately report any complaints, reports, observations, or other information of alleged discrimination, harassment, or retaliation, to the designated University employee, even if that University employee is investigating the alleged discrimination as part of the University’s student or employee disciplinary process. Employees, supervisors and employees should provide complainants with information for filing a complaint of discrimination. Faculty, staff, and third parties should report a potential violation of this policy as soon as possible to Human Resources:

April Santos
Director of Human Resources
Gander 137
650 Maryville University Drive
St. Louis, MO 63141
314-529-9478
asantos@maryville.edu

Students and prospective students should report a potential violation of this policy as soon as possible to the Office of Institutional Equity and Compliance:

Claudia Lyerly
Executive Director and Title IX Coordinator
Gander 141
650 Maryville University Drive
St. Louis, MO 63141
314-529-6721
clyerly@maryville.edu

The University will respond to reports of potential prohibited conduct in an adequate, reliable, impartial manner, as set forth below. If the University determines that discrimination has occurred, appropriate corrective and remedial actions will be taken.

II. Scope

This policy applies to reports of discrimination, harassment, and retaliation on the basis of protected status, other than discrimination, harassment, and retaliation on the basis of sex, which are governed exclusively by the University’s Sexual Harassment Policy. (https://www.maryville.edu/policies/sexual-harassment-policy/).

This policy governs reports of discrimination, harassment, and retaliation in all the University’s programs and activities and applies to all members of the University Community. It applies to discrimination, harassment, and retaliation that occurs on campus, during or at an official University program or activity (regardless of location), and to off campus conduct when the conduct could deny or limit a person’s ability to participate in or benefit from the University’s programs and activities.

III. Prohibited Conduct

IV. Investigation and Resolution Procedures

V. Special Procedures

The following procedures will apply to reports made against the President, a Board Member, the Human Resources Operations Coordinator, or the Assistant Dean for Compliance and Recruitment and Title IX Coordinator, or other administrators ranked higher than the Human Resources Operations Coordinator or the Assistant Dean for Compliance and Recruitment and Title IX Coordinator.

If a complaint involves alleged misconduct on the part of the University’s President, the University’s Board of Trustees will designate the investigator. Based on the information gathered during the investigation, the designee will prepare and issue the written closure letter and/or report determining the outcome of the complaint. The determination of the designee is final and not subject to appeal.

If a complaint involves alleged conduct on the part of a member of the Board of Trustees, the remaining members of the Board of Trustees will designate the investigator. Based on the information gathered by the investigation, the designee will prepare and issue the written closure letter and/or report determining the outcome of the complaint. The determination of the remaining members of the Board of Trustees is final and not subject to appeal.

If a complaint involves alleged conduct on the part of the Human Resources Operations Coordinator, the Assistant Dean for Compliance and Recruitment and Title IX Coordinator or any administrator ranked higher than the Human Resources Operations Coordinator or the Assistant Dean for Compliance and Recruitment and Title IX Coordinator, the University President will designate the investigator. Based on the information gathered during the investigation, the designated investigator will prepare and issue a written closure letter and/or report determining the outcome of the complaint. The determination of the designated investigator is final and not subject to appeal.

VI. Appeals

VII. Duties and Responsibilities

The Human Resources Operations Coordinator and the Assistant Dean for Compliance and Recruitment and Title IX Coordinator are responsible for coordinating the University’s compliance with discrimination laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title VI and Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act.

It is their responsibility to: (1) receive complaints under this policy; (2) coordinate dissemination of information and education and training programs; (3) assist members of the University Community in understanding that discrimination, harassment, and retaliation are prohibited by this policy; (4) answer questions about this policy; (5) appoint investigators, or investigate, and ensure that they are trained to respond to and investigate complaints of discrimination, harassment and retaliation under this policy; (6) ensure that employees and students are aware of the procedures for reporting and addressing complaints of discrimination, harassment, and retaliation; (7) oversee the appropriate implementation of the policy; (8) document all reports of discrimination, harassment, and retaliation under this policy and establish a protocol for recordkeeping.

VIII. Exclusive Remedy

This policy and the procedures set forth herein are the exclusive means for addressing complaints of conduct covered by this policy. This policy takes priority over and displaces any other University policies and/or procedures that may otherwise apply to complaints and/or situations covered by this policy.

Policy Revised September 2020