Article V. Nondiscrimination and Harassment

Section 5.01 Violence & Unacceptable Behavior Policy

A basic tenet of our society is that every citizen has the right to security in both person and property.  Our laws prohibit the physical abuse of persons, and the illegal appropriation and destruction of property.  The effect of those laws is to provide a setting in which persons can realize their potential as social, political, economic, and creative beings.

Doane is a place of excitement and learning where all ages, abilities and disabilities, races, creeds, orientations, genders, identities, and ethnic and national origins have the opportunity to develop skills and knowledge toward goals which will make them effective citizens and promote their individual and group well-being.

Those students who do not share these goals, who flagrantly or consistently disrupt the educational process, or who physically abuse or harass, or attempt to physically abuse or harass, other persons in the Doane community or the Crete community as a whole, will be subject to disciplinary consequences.  Such individuals may be dismissed from school and may be subject to criminal charges.  Similarly, students who do not respect the property of others, thereby degrading the quality of student life and increasing the cost of education, will be held liable for such damages and may be dismissed from the institution as well as be subject to criminal liability.

Moreover, students found diminishing the dignity of other members of the community through illegal harassment, including sexual harassment, hate speech, hate/bias incidents or other means of disparagement, which are unlawful or inconsistent with the College’s aspiration to produce citizens respectful and tolerant of the diversity of people, may be disciplined or dismissed from the College.  Violation of this policy is prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours.  Off campus conduct constituting a violation of this policy is subject to disciplinary consequences up to and including expulsion from school when said off campus conduct is determined by the College to affect the normal student/faculty/staff relationships and/ or has negative effects on Doane College’s educational programs, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with student academic performance or student ability to fully participate in Doane College’s educational programs or activities

Students are encouraged to report criminal actions occurring on campus directly to the police by dialing 9-911.  In addition, they are encouraged to report crimes to the College.

Doane College does not condone and will not tolerate violence of any kind.  This prohibition includes, but is not limited to, violation of Doane’s Sexual Assault and Rape Policy, § 5.02; Doane’s Anti-Harassment Policy, § 5.04; and Doane’s Bias/Hate Incident Policy, § 5.03.  Violence prohibited under Doane’s policies includes, but is not limited to:

1. Domestic violence, which includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former co-habitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
2. Dating violence, which means violence by a person who has been in a romantic or intimate relationship with the victim.  Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
3. Stalking, which means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.

Section 5.02 Sexual Assault and Rape Policy

1. Statement of Purpose:
   1. Doane University does not condone and will not tolerate sexual assault or rape in any form.  In the event of a reported incident, confidentiality, privacy, protection of the complainant, and prevention of further injury or continued stress are the first priorities.  The University will make every effort to be responsive and sensitive to the complainants of sexual assault and rape.  We encourage the involvement of law enforcement immediately.  It is also the University’s responsibility to provide a forum in which anyone involved in an incident will have it addressed promptly, fairly and impartially.  Because of the traumatic and sensitive nature of these incidents, an investigation and the Special Hearing Board described herein will respond quickly to the allegation and resolve the matter as expediently as possible while insuring that interests of all parties involved are protected.
   2. Whether making the complaint or as the respondent, questions may arise regarding implementation of Section 5.02, the Sexual Assault and Rape Policy for Doane University.  A Rights and Responsibilities handout is available (upon request) and is designed to answer some of the frequently asked questions regarding the investigation and hearing process.  If specific questions are not answered, in Section 5.02 or this handout, direct additional questions to the Director of Residence Life or Associate Dean for Student Affairs
2. Campus Resources and Training: 

New students and new employees will be provided primary prevention and awareness programs to promote awareness of sexual assault, rape, sexual harassment, date rape, acquaintance rape, domestic violence, dating violence and stalking within the Doane community.  The training programs will include:

1. the fact that Doane University prohibits these conducts and offenses;
2. the definition of the prohibited conduct and offenses;
3. the definition of consent with reference to sexual offenses;
4. safe and positive options for bystander intervention which an individual may take to prevent harm or intervene in risky situations;
5. how to recognize signs of abuse behavior and how to avoid potential attacks
6. the presence of ongoing prevention and awareness campaigns for students, employees and faculty at Doane University as they relate to each of these topics.

3. Definitions:
   1. Sexual Violence - refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.
   2. Sexual Assault - is defined as engaging in any sexual contact other than intercourse with another person without that person’s consent or cognizance.
   3. Rape - is defined as engaging in sexual intercourse (oral, anal, or vaginal) with another person without that person’s consent or cognizance.  Rape may be accomplished by forcing or coercing the complainant to have sexual intercourse against his or her will, including the use of threat of physical force, or any behavior that is designed to intimidate and induce fear in the complainant.  Rape can also occur when a complainant is under the influence of alcohol or drugs, is undergoing physical or emotional trauma, or is incapable of denying or giving consent (for example, when a complainant is in an unconscious or semi-conscious state).
   4. Acquaintance Rape or Date Rape - is defined as rape committed against an acquaintance, friend, or date under any of the conditions described above.  The complainant’s consent to socialize or date does not constitute consent to sexual intercourse.  Acquaintance rape or date rape is still rape.
   5. Domestic violence - which includes asserted violent misdemeanor and felony offenses committed by the complainant’s current or former spouse, current or former co-habitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
   6. Dating violence - which means violence by a person who has been in a romantic or intimate relationship with the complainant.  Whether there was such relationship will be gauged by its length, type, and frequency of interaction.
   7. Stalking - which means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
   8. Consent - must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.  If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard, or being asleep or unconscious.
4. What to do after an incident occurs:
   1. Get to a safe place or situation.
   2. Preserve evidence.  Do not shower or bathe, douche, or change clothes.
   3. Consider your reporting options.  You can contact local law enforcement, the Doane Safety Office or any Residence Life Staff member.
      • Crete Police Department (402)826-4311
      • Doane Safety Office (402)826-8669
      • Residence Life RD on-duty (402)418-1575
      • Title IX Coordinator (402)826-6773
   4. Seek medical attention
5. Campus Options for Incidents of Sexual Assault and Rape:

Persons who believe they have been sexually assaulted or raped may choose any or all of the following options:

1. Contact a confidential campus resource
   1. The decision of whether or not to report an incident of sexual assault or rape can be a difficult one, especially in the immediate aftermath of the incident.  Talking with a trained counselor, chaplain or nurse can be extremely helpful in dealing with the emotional trauma and arriving at a decision about whether or not to report the incident.  The counseling, chaplain and nurse staff at Doane University is available to help.  Because of confidentiality requirements, talking to a campus counselor, campus chaplain or campus nurse does not constitute reporting the incident; however, they can help report the incident if the student requests him or her to do so.   After hours, the counselor, chaplain or nurse and can be reached by contacting the Doane Safety Office, or a Residence Life Office. 
   2. Note: All Doane employee are mandatory reporters except for the following employees in the performance of their assigned duties:
      • Campus Counselor (Myron.parsley@doane.edu) or (Kristal.flaming@doane.edu)
      • Campus Chaplain (Karla.cooper@doane.edu)
      • Campus Nurse (Kelly.jirovec@doane.edu) 
2. Report the incident to campus officials.
   1. Staff in these offices will treat each case with sensitivity, confidentiality and/or privacy.  In order for staff to respond effectively to an incident, it should be reported as soon as possible.  The Director of Residence Life or Associate Dean for Student Affairs will promptly determine the need or options for modifying living arrangements or other accommodations.
      • Director of Residence Life (dennis.amoateng@doane.edu) or (402)826-6721
      • Associate Dean for Student Affairs (russ.hewitt@doane.edu) or (402)826-8295
      • Title IX Coordinator (laura.sears@doane.edu) or (402)826-8669 
3. File a formal complaint
   1. After consulting with the staff of any of the offices listed below, a complainant may decide to press criminal charges with local law enforcement and/or file a formal complaint for violation of University conduct code.  If both criminal charges and a complaint for violation of University conduct code are filed, the University disciplinary process will remain separate and distinct from the criminal process as they involve different interests.  A student may be suspended immediately following report of violation of a serious crime.
   2. Students wishing to bring a complaint of sexual assault or rape should contact the Director of Residence Life or Associate Dean for Student Affairs.  They will apprise the student of the University’s policies and procedures in such cases and the possible outcomes. The complainant must write and sign a formal complaint against the respondent if he/she wishes the complaint to proceed further. The formal complaint may also filed via email.  The complaint shall include a statement of the situation, dates of occurrence, and all parties related to the complaint.
   3. As a result of the initial discussions between the complainant and the appropriate University official, the University will conduct a prompt and thorough investigation into the matter, and will take any steps it deems appropriate to provide for the safety and security of all involved parties.  An investigation will take place regardless of whether the complainant chooses to file a formal written complaint to determine if an ongoing threat to the campus environment exists.  The University will attempt to honor a complainant’s request for anonymity unless an effective investigation cannot be conducted without disclosure of the complainant’s identity.  In which case the University will provide as much privacy for those involved as possible.
      • Director of Residence Life (Dennis.amoateng@doane.edu)
      • Associate Dean for Student Affairs (russ.hewitt@doane.edu)
      • Title IX Coordinator (laura.sears@doane.edu)
4. Seek information regarding judicial relief in the form of criminal charges, restraining or protection orders by contacting local law enforcement
   1. Crete Police Department (402)826-4311

6. Campus Investigation Procedures

All interviews and meetings conducted in the course of a campus investigation will be video- taped and  may consist of any or all of the following:

1. Meeting with the complainant: A meeting with the complainant must occur to collect all information related to the alleged incident, including evidence and witness information.  The campus investigator will confirm a written/email formal complaint has been received by the complainant before moving forward in most cases unless a safety, security, emergency or disruption to the academic environment issues exists.  A written summary of this discussion will be included in the investigation file.  The complainant may have one adult advisor of his or her choice present at this or any other investigatory meetings where the substance of the complaint is discussed. The role of the advisor is as support for the complainant and to provide advice to the complainant in a manner which does not disrupt the meeting. The advisor may not question the investigator or attempt to influence the substance of the information being provided. If the advisor fails to act in accordance with these guidelines, he or she may be barred from further participation in the meeting.  The availability of the advisor will not substantially impact the timeline of the investigation and the meeting with the complainant will not be delayed more than 24 hours or canceled due to unavailability of the advisor.
2. Informing the respondent: Following receipt of the formal complaint, a campus official or investigator will inform the respondent of the complaint by the end of the next business day if the whereabouts of the respondent are known.  If the whereabouts of the respondent are not known, the University will inform the respondent of the complaint as soon as the respondent is located.  This notification may be done in person, in writing (via email), or both, at the discretion of the official/investigator and in the best interest of the University.  The notice will apprise the respondent that a complaint has been made and refer them to the University’s policies and procedures in such cases. A statement will not be obtained at this time, nor will substantive questions be asked about the incident in question.  The respondent will have 24 hours from the time of their notification to arrange for an investigative meeting with the assigned campus investigator to provide a statement about the allegation and to answer questions from the investigator.  The University may deem at the time of notification that an immediate need exists to require a non-punitive housing move, facility restriction or academic schedule change to ensure a safe and non-disruptive educational environment exists during the investigation. 
3. Investigative meeting with the respondent: An investigative meeting will occur with the respondent to obtain a statement regarding the allegation.  The complainant may have one adult advisor of their choice present for this or any other investigatory meetings where the substance of the complaint is discussed  The role of the advisor is as support for the respondent and to provide advice to the respondent in a manner which does not disrupt the meeting. The advisor may not question the investigator or attempt to influence the substance of the information being provided. If the advisor fails to act in accordance with these guidelines, he or she may be barred from further participation in the meeting.  The availability of the advisor will not substantially impact the timeline of the investigation and the investigative meeting will not be delayed more than 24 hours or canceled due to unavailability of the advisor.  The investigative meeting will include statements and questions and will address all matters related to the incident in question and the allegations of the complainant, including discussion of any evidence or additional witnesses the respondent can provide.  A written summary of this investigative meeting will be included in the investigation file.  The respondent is not required to provide a statement, witnesses or evidence on his or her own behalf.  However, choosing not to provide information to the investigator will not impede the investigation and hearing from moving forward; rather the case will proceed with only statements, witnesses and evidence provided by others during the investigation.
   1. Note: The investigator will make a reasonable accommodation of 24 hours for a requested advisor to be available.  All meetings during the investigation are conducted as convenient for the investigator who is ultimately responsible for the promptness of the investigation process. 
4. Investigation evidence collection and witness interviews: The investigator will meet with any witnesses identified by the complainant or respondent whom the investigator believes may be able to provide information relevant to the investigation and allegations, as determined in the discretion of the investigator.  A written summary of these discussions will be included in the investigation file.
5. Investigation recall of respondent, complainant or witnesses: During the course of the investigation it may be necessary to recall the respondent, complainant or witnesses to clarify information or ask questions as new information becomes available.  Those who are recalled during the course of the investigation must respond to requests from the campus investigator within 24 hours. 
6. Investigative warning: The respondent and all parties involved in the investigation will be advised that all information discussed is confidential and that harassment or threats involving of any parties involved in the allegation may result in sanctions for violation of campus conduct code.
7. Investigative report submission: The campus investigator will create a written investigation report outlining in detail the persons involved, the facts, and conclusions.  Upon completion, the report will   be submitted to the Special Hearing Board chair.  Prior to submission to the Special Hearing Board chair, the investigator will invite both the complainant and respondent to separately meet with the investigator so that the investigator can read to them a summary of the completed investigation and so they can provide the investigator with any rebuttal information.  Upon completion of the rebuttal interviews, the report will be submitted to the Special Hearing Board chair, with the addition of any addendum information provided in the rebuttal interviews.

7. The Special Hearing Board
   1. All incidents of alleged sexual assault or rape involving members of the Doane University community will be decided by a Special Hearing Board consisting of five members selected on a rotating basis from a pool of trained individuals.  Note: Cases involving domestic violence, dating violence, stalking will be adjudicated as determined by the Chief Judicial Officer.   
   2. The Title IX Coordinator, in consultation with the Student Affairs Office, will coordinate the management of the pool of individuals for the Special Hearing Board.  This includes periodic recruitment and training of individuals. 
   3. Training of all Special Hearing Board members will be the responsibility of the Title IX Coordinator.  The Title IX Coordinator and each member of the pool will come to an agreement as to his or her readiness to hear the case.
   4. Training for the board will be consistent with the Violence Against Women Reauthorization Act (VAWA) of 2013 and the Sexual Violence Elimination Act (SaVE), § 3.04.  Specifically, training shall include, but not limited to, how to investigate and conduct hearings in a manner that protects the safety of complainants and promotes accountability.
   5. The pool of Special Hearing Board members shall consist of individuals drawn from the campus community (Doane faculty or staff).  An attempt will be made to maintain equal and gender-balanced representation for all areas of the campus community.  
      1. Note:  In accordance with the recommendations from the Office of Civil Rights (OCR), students are not permitted to serve on the Special Hearing Board for alleged incidents of sexual assault or rape.
   6. University officials convening the board will appoint one member of the board as chairperson for the case.

8. Special Hearing Board - Standard of proof:

The standard of proof for complaints heard by the Special Hearing Board will be preponderance of the evidence or “more likely than not”.

9. Special Hearing Board Adjudication of the Complaint:
   1. The Special Hearing Board will convene as soon as the investigative report is submitted to resolve the matter.  An initial slate of individuals from the pool will be proposed to the complainant and respondent who, for good cause, can challenge any individuals proposed.  This process will be continued (as quickly as possible) until a complete Special Hearing Board is assembled.  The investigation and deliberations will be conducted to insure interests of both parties are carefully protected.  All matters before the Special Hearing Board are closed to the public.  The Special Hearing Board will have legal counsel present to provide technical and legal advice to the Board and to assist with the conduct of the hearing, but legal counsel is not a voting member of the board.  The hearing conducted by the board will be videotaped or, at the election of the University, will be recorded by a court stenographer, or both.  The investigation and hearing tapes, transcripts, documents and all evidence will be sealed in a locked file and will not be published or released to anyone unless the University, in the context of legal proceedings, deems that publication necessary.
   2. The Special Hearing Board will meet to adjudicate the matter as quickly as possible in order to determine whether or not the individual is responsible for violation of Doane University Policy on Sexual Assault and Rape as described in this document.  This process begins with presentation of a summary of the videotaped statements and other evidence collected by the campus investigator.  The board will review the videotaped testimony from the investigation, which will include statements by the complainant, respondent and witnesses. Following review of the investigator’s report, testimony, and the evidence collected in the course of the investigation, the Special Hearing Board will determine if additional information, statements or evidence is required and may call individual witnesses to testify, if necessary.  Board members or board legal counsel may choose to ask questions of any party appearing before the board, which may include the complainant, respondent or witnesses. The only parties allowed to be present during the hearing are the board members and the board’s legal counsel, except for when the investigator testifies to summarize his or her investigation and when any party or witness is asked to appear live before the board to provide live testimony.
   3. If requested to appear live before the Special Hearing Board, the complainant and the respondent may have one adult advisor of their choice accompany them to the hearing while they testify before the board.  The role of the advisor is as support for the respondent and to provide advice to the respondent in a manner which does not disrupt the hearing. The advisor may not question the board members or their legal counsel; may not attempt to influence the substance of the information being provided; and may not question or cross-examine anyone or otherwise interfere with board proceedings. If an advisor fails to act in accordance with these guidelines, he or she may be barred from further attendance at the hearing. Once the parties have been notified of the time and date of the hearing and the possibility they will be asked to appear live before the board, the availability of the advisor will not substantially impact the date or time of their testimony and the hearing date will not be delayed more than 24 hours due to unavailability of the advisor.  Once the hearing begins, the hearing will not be continued to another date to accommodate unavailability of an advisor.
      1. Note: The Special Hearing Board will make a reasonable accommodation of 24 hours for a requested advisor to be available.  All adjudications during the Special Hearing Board are conducted as convenient for the board who is ultimately responsible for the promptness of the hearing process. 
   4. After reviewing the statements and evidence, the Special Hearing Board will decide whether the respondent is responsible or not responsible for violation of the Doane University Policy on Sexual Assault and Rape or associated student conduct codes.  After adjourning the evidentiary portion of the hearing, the board will meet off the record in closed session to deliberate and prepare a written report of its findings and determinations.  The board may also make recommendations regarding discipline in the event the individual is found responsible.  
   5. If the board finds that the respondent is responsible for violation of University policy, the Chief Judicial Officer will determine appropriate discipline after consideration of the Board’s findings and recommendations.
   6. The University will notify the complainant and the respondent of the board’s decision and any discipline in writing within two-business days of receiving the Board’s decision.  All parties involved are responsible for providing the Chief Judicial Officer appropriate contact information for receipt of such notice.

10. Possible Disciplinary Sanctions

If the respondent is found responsible for violating University policy, possible discipline includes, but is not necessarily limited to, one or all of the following:

1. A letter of censure to be placed in the student’s non-academic file.
2. Mandatory counseling
3. Disciplinary probation
4. Suspension from Doane University
5. Expulsion from Doane University
   1. Note: Typically sanctions are not executed until the appeals process is concluded.  However, sanctions may be applied temporarily, which may include loss of campus privileges, if the University deems it is necessary to provide for student safety or due to a disruption to the educational environment as determined by the University.

11. The Appeal Process 

1. Either the respondent or complainant has the right to appeal the decision of the Special Hearing Board or the imposed sanctions.  One of the following criteria must be met in order to have an appeal heard.  Merely disagreeing with the assessed sanction is not grounds for appeal.  An appeal is not a rehearing of the case, but a review of the process and procedure. 
   1. Such an appeal must be made in writing to the University president or his or her designee within two (2) business days of the notification of the decision.  The President, or his or her designee, will act upon a written appeal within a reasonable time, normally five (5) business days after receipt of the appeal.  The President, or his or her designee, will have access to all documents relating to the decision and any video tape or written transcript of the hearing.  The President, or his or her designee, will then notify the appellant of the decision in writing.  The decision of the President, or his or her designee, is final.
   2. The University may determine that during the pendency of an appeal, substantial disruption with educational purposes is occurring or student safety concerns exist, such that an immediate need exists to require a non-punitive housing move, facility restriction, suspension from campus, or academic schedule change to ensure a safe and non-disruptive educational environment exists during the appeal. 
2. Appeals must be based on the following:
   1. Failure to follow procedural standards in the hearing.
   2. The emergence of new evidence that was not presented in the original hearing.
   3. Substantial reason to believe the sanction is too severe for the violation. 

Policy update and attorney review May 2016

Section 5.03 Bias/Hate Incident Policy

Members of the Doane College community are expected to demonstrate individual responsibility in showing consideration for the beliefs and feelings of others; abiding by federal, state and local laws; and demonstrating exemplary conduct.  When a student’s behavior has direct implications for others and/or the well-being of the campus community, there is cause for community involvement, regardless of where the situation occurs (e.g. home or abroad).

Doane College creates a social and academic environment where students develop awareness of diversity and multiculturalism, and how to function in a pluralistic and global society.  Any behavior which threatens this environment will not be tolerated.  To aid the College in responding to incidents of bias and hate, an Advocacy Response Team (ART) has been created which will offer support and assistance to victims as well as insuring incidents is documented properly.  Members of the ART team are:

Nathan Erickson | GA 313

nathan.erickson@doane.edu

Rhonda Lake | PC 136

rhonda.lake@doane.edu

Nancy Murphy | PW 026

nancy.murphy@doane.edu

Mike Dixon | EA 123

michael.dixon@doane.edu

This group of students, faculty and staff function as a systematic response mechanism to engage in preventative measures to combat hate and biases on campus.  The Advocacy Response Team does not conduct formal investigations or replace existing sanctioning bodies of authority.  The team will help the victim (if he/she so desires) report the incident formally to the College.  Any such reports will be made to the Senior Director of Housing or the Associate Dean of Student Leadership.  The actions/incidents outlined in the report will constitute a possible violation of the Student Conduct Code.  Sanctions will be determined based upon information gathered from investigations and input from the Advocacy Response Team.  A full description of the team’s function, goals, and membership can be found in the Student Leadership Office.

Bias/hate incidents include, but are not limited to, attempted or actual harassment or violence based wholly or in part on the victim’s membership in a legally protected class, or based on the victim’s sexual orientation or gender identity.  See also Anti-Harassment Policy, § 5.04, and Violence and Unacceptable Behavior Policy, § 5.01.  Bias/hate incidents are prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours.  Off campus conduct constituting a violation of this policy is subject to disciplinary consequences up to and including expulsion from school and/or termination of employment when said off campus conduct is determined by the College to affect the normal working or student/faculty/staff relationships and/ or has negative effects on or interferes with Doane College’s educational programs, educational purpose, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with any student’s academic performance or student ability to fully participate in Doane College’s educational programs or activities

Section 5.04 Anti-Harassment Policy

A fundamental policy of the College is that employees and students at the College should be able to work and study at the College in an environment free of discrimination and any form of harassment based on race, color, religion, sex, national origin, disability, age, marital status, genetic information, sexual orientation or any other protected class recognized by state or federal law.  Sexual harassment and/or sexual violence are prohibited forms of sex discrimination.  To further this fundamental policy, the College prohibits the harassment of any person, student or employee and the prohibition extends to harassment based on race, color, religion, sex, national origin, genetic information, disability, age, marital status, or sexual orientation.  Harassment is counterproductive to the College’s goals and will not be tolerated.  Such behavior is unacceptable because it is a form of unprofessional behavior threatening to the academic freedom and personal integrity of others.  Failure to follow this policy will result in disciplinary action up to and including termination.

The type of harassment that is prohibited may take many forms and includes, without limitation, verbal harassment (derogatory comments and/or slurs), physical harassment (assault or physical interference), visual harassment (posters, cartoons, drawings), use of the Internet or e-mail to harass or embarrass, and innuendo or false rumors. Further, harassment includes conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment.  Harassment is prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours.  Off campus conduct constituting harassment is subject to disciplinary consequences up to and including expulsion from school and/or termination of employment when said off campus conduct is determined by the College to affect the normal working or student/faculty/staff relationships and/ or has negative effects on or interferes with Doane College’s educational programs,educational purpose, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with any student’s academic performance or student ability to fully participate in Doane College’s educational programs or activities. 

Harassment can take a number of forms, but of particular concern is sexual harassment, which is a violation of state and federal law.  It includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, sexual assault, sexual violence, domestic violence, stalking, and other verbal or physical conduct, or visual forms of harassment of a sexual nature.

Harassment includes, but is not limited to, the following forms:

• Unwelcome or unwanted advances, including sexual advances.  This means patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact.
• Unwelcome requests or demands for favors, including sexual favors.  This includes subtle or blatant expectations, pressures or request for any type of favor, including a sexual favor, whether or not it is accompanied by an implied or stated promise of preferential treatment or negative consequences concerning academic or employment status.
• Verbal abuse or kidding that is oriented toward a prohibited form of harassment, including that which is sex-oriented and considered unwelcome.  This includes offensive comments which harass an individual based upon his or her sex, race, age, national origin, disability, or marital status; telling “dirty jokes” that are inappropriate and considered offensive, or any tasteless, sexually oriented comments, innuendoes, or actions that offend.
• Creating a work or academic environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts, or attentions, whether sexually oriented or otherwise related to a prohibited form of harassment.

The College’s concern is to provide a working and academic environment that is comfortable, conducive to the academic enterprise, and free from this type of behavior.  This policy is written to be sure that everyone understands our intent to provide an academic and working environment free of harassment.

Obviously, the College cannot prevent violations of this policy unless such behavior is observed or the College is told of the violations.  The procedures regarding complaints of harassment are described below.

All persons are assured that they will not suffer negative consequences as a result of bringing their concerns to the College’s attention. Failure of any person involved in the investigation of a harassment complaint to keep the complaint confidential shall be a separate violation of this policy.  A separate violation shall also occur if any retaliatory action is taken against or directed at any person who has made a harassment complaint or participated in an investigation of such conduct.  Violations will result in disciplinary action.  The College reserves the right to provide information regarding any harassment complaint or retaliatory conduct to the necessary legal authorities if the College, in its sole discretion, believes illegal conduct has occurred.  

Procedures Regarding Complaints of Harassment

a)      Any member of the College community who believes that he or she has been the victim of harassment as defined above may bring the matter to the attention of the individuals designated to handle complaints of harassment.  If the potential offender is a staff member, reports should be made to the Vice President for Finance.  If the potential offender is a faculty member, reports should be made to the Vice President for Academic Affairs.  If the potential offender is a student, reports should be made to the Vice President for Student Leadership.  If the potential offender is an outside party, such as a vendor or contractor of the College, reports should be made to the Vice President for Finance and the procedures for handling complaints against staff members shall apply.  Any person shall also have the option of reporting the concern to the College Nurse in the Health and Wellness Office or to the Director of Human Resources who will inform the appropriate individual of the concern.   If the person designated to receive the report is part of the problem, a report can be made to any other person designated to handle complaints of harassment.  The counseling staff at Doane is available to help.  Talking to a counselor does not constitute reporting the incident; however, the counselor can help report the incident if the student so chooses.

b)      All harassment complaints will be reported to the designated Title IX official.

c)       The complainant should present the complaint as promptly as possible after the alleged harassment occurs. 

d)      The person receiving the complaint can and should provide to the complainant a written memorandum advising the complainant that in order for the College to best investigate the complaint, a written complaint should be submitted under these procedures.  

e)      After the initial meeting with the person designated to receive the complaint, the complainant should submit or verify a written statement to the person designated to receive the complaint describing with particularity the alleged harassment.  The written statement should identify any persons with knowledge of any facts relevant to the harassment complaint.

f)       Except as reasonably necessary to investigate the written complaint and to give the person accused of harassment an opportunity to respond, all written complaints of harassment shall be kept confidential.

g)      The written complaint shall be promptly forwarded to the person accused of harassment and the person accused of harassment shall submit a written response to the allegations within seven days.  The response should identify any persons with knowledge of any facts relevant to the harassment complaint.

h)      Upon receipt of the response, the person designated to receive the complaint or an impartial investigator appointed by the person receiving the complaint shall promptly investigate the complaint.  Normally, the investigation period should not exceed 21 days.  During the investigation, the person receiving the complaint may take whatever steps he or she deems appropriate to effect an informal resolution of the complaint acceptable to the College, the person making the complaint and the person accused of harassment.

i)        In determining whether there is sufficient evidence to support a complaint of harassment, the investigator shall use a preponderance of evidence standard (i.e., that it is more likely than not that harassment occurred).  This same standard shall be applied in any appeal from the investigator’s decision.

j)        Upon completion of the investigation and if an informal resolution has not been reached, the person receiving the complaint shall promptly provide a written statement  regarding the outcome of the investigation to both the person making the complaint and the person accused of harassment. 

k)      Either the person making the complaint or the person charged with harassment may appeal the findings or the decision to impose or not to impose disciplinary action by filing a written appeal within two business days of receipt of the findings. 

l)        All appeals shall be communicated to the office of the College President, and the President or his or her designee shall convene a Committee to hear the appeal.  The Committee shall consist of three members selected from the Doane community who have been trained to hear cases as a Special Hearing Board member pursuant to Doane’s Sexual Assault and Rape Policy §5.02 in the Student Handbook.  The three Committee members shall reflect the appropriate faculty and student populations as appropriate under the circumstances as determined by the President or his or her designee.  The written appeal must state the specific basis for the appeal, including whether the appealing party is challenging (1) whether a violation occurred; (2) whether the sanction is appropriate; or (3) that new evidence not previously considered is now available.  The Committee may call witnesses and receive as evidence the information it deems necessary to assist it in reaching a determination of the merits of the allegation. Once such a determination has been reached, the Committee shall simultaneously communicate its findings in writing to the person making the complaint and the person accused of harassment.  A finding that harassment has occurred requires a majority vote of Committee members. If the Committee finds harassment and further finds that reasonable cause exists for seeking sanctions, the Committee shall forward its recommendations for sanctions directly to the College President or his or her designee in the matter. A recommendation for sanctions requires the majority vote of Committee members.  The College President or his or her designee, although not bound by the recommendations, shall promptly act in response to the recommendations of the Committee.  If the person accused of harassment holds a tenured faculty position and the potential discipline includes dismissal, the College President or his or her designee, in reviewing the matter, shall comply with the procedures for dismissal proceedings for faculty on continuous tenure as set forth in the Faculty Handbook.

The Committee may have legal counsel present to provide technical and legal advice to the Committee and shall observe the following guidelines in conducting its proceedings:

a)      An opening statement by the chair regarding the nature of the case, the identity of the parties, and the nature of the allegations.

b)      Sequence of presentation of evidence:

• Complainant presents evidence;
• Person accused of harassment presents evidence;
• Complainant presents rebuttal evidence;
• Chair or investigator presents additional evidence from initial investigation of the matter;
• Closing statements from complainant, person accused of harassment, and Chair or investigator.

Both the complainant and accused have the right to have present an advisor of their choice from the Doane community but they shall not be represented by legal counsel in the proceedings.

All written records of harassment complaints made pursuant to this policy shall be kept in a separate confidential file and not in the faculty evaluation files, personnel files or permanent student records.