Title VI

 Definitions:

 

• Discrimination is an act or communication that alters an individual’s or group’s ability to completely participate in Emory & Henry’s community on the basis of race, gender, disability, religion, sexual orientation, national origin or gender expression.
• Social Harassment is conduct and/or verbal action which, because of its severity, interferes with an individual’s or group’s work or education, or adversely affects living conditions.
• Sexual harassment is unwelcome conduct of a sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence. (Please refer to the Sexual Misconduct section of this handbook located on pages 52-54 for resolution guidelines.)
• Hostile Environment is caused by behavior that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the services, activities, or opportunities offered by the College. It is considered to be disruptive to the educational community. Determining whether or not a hostile environment exists is examined from both subjective and objective perspectives and often depends on a balancing of factors in this six-factor balancing test: -the type of harassment (e.g., whether it was verbal or physical); -the frequency and severity of the conduct; -the age, sex, and relationship of the individuals involved (e.g., teacher-student or student-student); -the setting and context in which the harassment occurred; -whether other incidents have occurred at the college or university; and other relevant factors.
• Mediation is a facilitated discussion that is conducted with the assistance of a trained third party. It is designed to help the parties to reach a mutually agreeable resolution of a dispute and may be appropriate when:
  a.The parties wish to continue communicating or working together.
  b.The complaining party is able to articulate a desired outcome.
  c.No one has been physically harmed.

 

Restorative Justice is a collaborative decision-making process that includes harmed parties, offenders, and others who are seeking to hold offenders accountable by having them:

(a) accept and acknowledge responsibility for their offenses

(b) to the best of their ability, repair the harm they caused to harmed parties and the community, and work to rebuild trust by showing understanding the harm, addressing personal issues, and building positive social connections.

 

The resolution process will last as long as the complainant and respondent deem it desirable to continue to meet with the college official or mediator(s) designated above. Most complaints can be handled within a timely manner. Documents regarding the resolution of the Restorative Justice process will be keep in the Dean of Students Office. 

 

Informal Resolution

 Once a formal complaint is filed to the Dean of Students or the Director of Human Resources, parties involved can request an informal resolution process. The informal resolution process often provides an effective means of communicating about the effects of behavior and can lead to resolving most disputes. The complainant, respondent, or a college official may terminate an informal resolution process at any time and initiate the student conduct process. (Please note that if a pattern of this behavior is documented, informal resolution will not be an option.)

1.Informal Discussion with Respondent: The complainant and respondent can elect to discuss the concerns directly with the other party involved, before any actions of other parties or college officials. The respondent may not understand that their conduct is offensive and unwelcome. Many arguments can be resolved or handled quickly with this form of communication. A complaint brought to the attention of the respondent shortly after the allegedly offensive behavior occurs can usually result in effective resolution. If an effective resolution is not obtained by the discussion, then the complainant or respondent has the option to discuss the alleged offensive behavior with a college official or a mediator.

2.Informal Discussion with College Officials or Mediators: A complainant or respondent can speak with or discuss concerns with a friend, confidant, advisor, or counselor. In order to initiate an informal resolution with college officials or mediators, a complainant should contact a college official or a Student Life staff member in a timely manner. (College officials include the President of the College, Dean of Students, and Dean of Faculty.) If the complainant, respondent, or the college official involved in the informal resolution feels that this option will not bring an effective resolution, they can terminate the informal resolution process and initiate the formal student conduct process.

3.The Informal Discussion can help with any or all of the following:

a.Helping the complainant and respondent decide whether the behavior violates the policy and/or to educate students more about the policy itself.

b.Meeting with the respondent whose behavior is alleged to be offensive or unwelcome and help them understand or make it clear that the alleged behavior is unwelcome and should stop immediately.

c.Organizing an informal investigation with the hope and goal of ending the alleged behavior in an expeditious manner.

d.The informal resolution process will last as long as the complainant and respondent deems it desirable to continue to meet with the college official or mediator(s) designated above. Most complaints can be handled within a timely manner.

 

The resolution process will last as long as the complainant and respondent deem it desirable to continue to meet with the college official or mediator(s) designated above. Most complaints can be handled within a timely manner. Documents regarding the resolution of the Restorative Justice process will be keep in the Dean of Students Office.

 

Formal Resolution

 

If the informal resolution process is halted by an involved party or it is not a viable option due to repetitive behavior, the formal student conduct process will be initiated. The student conduct process will follow printed procedures in the Student Handbook (pg. 95), with the following minimum sanctions:

1. First violation -two semesters of disciplinary probation, required counseling, and the completion of an educational component at the student’s expense (e.g. online course or mentor assignment).

2. Second violation -suspension for one semester from the College. A reflection paper must be submitted to the College before applying for re-admission.

An individual can file a Title VI complaint directly to the Dean of Students or the Director of Human Resources.

 An individual can make an anonymous report by calling the Campus Conduct Line at: 1.866.943.5787.