Policy Against Discrimination, Harassment and Bullying

In keeping with the historical values of Elizabethtown College, the College endeavors to treat all students and employees with dignity, justice and fairness. Elizabethtown College does not tolerate discrimination or harassment of any kind, or bullying against any member of the Elizabethtown College community. The College is committed to the existence of a respectful, safe and health work, living and learning environment and will ensure that Federal and state laws, as well as College regulations prohibiting violence and discrimination, are fully enforced.

This policy is to be implemented throughout the College and adherence is the responsibility of all students, departments and personnel, supervisory and nonsupervisory. Failure of a student to abide by this policy, participating in threatening, violent, discriminatory, or harassing conduct, may result in disciplinary action, up to and including expulsion from the college or possible civil or criminal prosecution.

Any student who believes that he/she is being subject to conduct that violates this policy, including any discrimination, harassment (sexual or other discriminatory) or bullying is encouraged to report the situation in accordance to the procedures set forth below.

Harassment

The College defines harassment as any behavior, verbal or physical, which creates an intimidating, hostile or offensive work, learning or living environment, particularly if questionable behavior is repeated and/or if it continues after the offending party is informed of the objectionable and/or inappropriate nature of the behavior, and which is based on individual characteristics including gender, race, color, religion, age, disability, veteran status, national or ethnic origin, ancestry, sexual orientation, gender identity and expression or any other legally protected status.

The totality of the circumstances of any given harassment incident must be carefully investigated, but prohibited harassment may take many forms. The most common examples include:

Verbal harassment such as jokes, epithets, slurs, negative stereotyping, and unwelcome or patronizing remarks about an individual’s body, color, physical characteristics or appearance.
Physical harassment such as physical interference with normal work, impeding or blocking movements, assault, unwelcome physical contact, staring at a person’s body, or threatening, intimidating or hostile acts that relate to a protected characteristic.
Visual harassment such as offensive or obscene photographs, calendars, posters, e-mails, cards, cartoons, drawings and gestures, display of lewd objects, unwelcome notes or letters, or any written, electronic, or graphic material that denigrates or shows hostility or aversion toward an individual.

The above definition includes sexual harassment, which is specifically defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature or conduct directed toward another person because of his/her gender where:

Submission to such conduct is made -- either implicitly or explicitly -- a term or condition of a person’s academic or employment status;
Such behavior has the purpose or effect of substantially interfering with the individual’s academic or work performance or creating an intimidating, hostile or offensive classroom or working or academic environment; or
Submission to or rejection of such conduct by an individual is used as a basis for decisions affecting the individual.

The definitions also include sexual violence-including physical sexual acts perpetrated against a person’s will, as defined in the Sexual Harassment Policy .

The College prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if these acts do not involve conduct of a sexual nature.

Sexual harassment and gender-based harassment are forms of sex discrimination prohibited by Title IX. Elizabethtown College is committed to providing all students with an educational environment free from discrimination.

Bullying

The College is committed to the elimination of all forms of bullying and will ensure that procedures exist to allow complaints of bullying to be dealt with and resolved without limiting any person’s entitlement to pursue resolution of their complaint within the relevant statutory authority.

Bullying is unwelcome or unreasonable behavior that demeans, intimidates, or humiliates people either as individuals or as a group. Bullying behavior is often persistent and part of a pattern, but it can also occur as a single incident. It is usually carried out by an individual but can also be an aspect of group behavior. Context is important in understanding bullying, particularly verbal communication. There is a difference between friendly banter exchanged by colleagues and comments that are meant to be, or are taken as, demeaning.

Mobbing is a particular type of bullying behavior carried out by a group rather than by an individual. Mobbing is the bullying or social isolation of a person through collective unjustified accusations, humiliation, general harassment, or emotional abuse. Although it is group behavior, specific incidents such as an insult or a practical joke may be carried out by an individual as part of mobbing behavior.

Bullying is unacceptable behavior because it breaches principles of equality and fairness, and it freuqnetly represents an abuse of power and authority. It also has potential consequences for everyone involved.

Procedure for Reporting Discrimination, Harassment or Bullying

The College will not tolerate any form of discrimination, harassment or bullying. Any student who believes he/she is being subjected to these offenses (including, but not limited to, sexual harassment) shall report the situation to any of the following authorized persons: Dean of Students , Director of Student Rights & Responsibilities or the Director of Residence Life . The College will keep all complaints confidential consistent with a proper investigation.

Dean of Students- Marianne Calenda, BSC 208, 717.361.1196
Director of Student Rights & Responsibilities (DSSR) – Katharina Matic, BSC 208, 717.361.4742
Director of Residence Life – Allison Bridgeman, Residence Life Ofc,541 S. Mt. Joy, 717.361.1426

All complaints involving students will be referred to the Office of Student Rights & Responsibilities. If the complaint involves an employee and a student both the DSRR and Nancy Florey, Associate VP for Human Resources, will manage the response.

Each allegation will be investigated through established College procedures and appropriate action(s) will be taken. Any deliberate false claims of harassment will be investigated with the complainant being subject to disciplinary action as well.

If the student complainant feels comfortable confronting the alleged harasser regarding the offensive behavior, the DSRR may allow the complainant to tell the alleged harasser that the behavior or conduct is offensive and should be discontinued. The complainant should follow up with the DSSR regarding the outcome of that contact. The DSRR should document the complaint and the outcome and forward it to the Title IX Coordinator in cases of sexual harassment.

If the outcome is not satisfactory to the complainant after he/she has discussed it with the alleged harasser, or if it was determined that such a one-on-one discussion would not be appropriate or comfortable for the complainant, the DSRR (and Associate VP for Human Resources in cases involving student and employee) may offer to meet with both parties separately to discuss the situation if warranted. The complaint and the outcome should be documented and forwarded to the Title IX Coordinator in cases of sexual harassment.

If the matter cannot be resolved as described above, the DSRR or the complainant will state the specific allegations in writing so that an investigation may be initiated. In cases involving students only, the complaint will be resolved through the standard student conduct process . Individual rights of the complainant and accused apply in the resolution of sexual harassment and gender-based harassment complaints.

For complaints involving a student complainant and an employee who is the accused, an employee complainant and a student who is the accused, or a student complainant and a third party not directly affiliated with the College, the complainant’s written statement will be presented to the Associate Vice President for Human Resources or neutral designee, if necessary. The Associate Vice President for Human Resources or neutral designee will then promptly coordinate a complete investigation into the student-employee complaint in collaboration with the Office of Student Rights & Responsibilities.

Investigations of alleged student-employee or student – third party harassment will include:

An interview with the complainant, during which witnesses who can corroborate the alleged behavior will also be identified.
A written statement from and/or an interview with the accused.
A written statement from and/or an interview with all named witnesses.
A review of any relevant documents provided by those involved.
Written allegations presented to the alleged harasser.

The Associate Vice President for Human Resources or neutral designee will decide whether the complaint warrants:

Further investigation with the complainant/accused/witnesses.
Written recommendations leading to:

dismissal of charges as unsubstantiated with communication of the outcome to the accused and the complainant; or
consultation with the appropriate persons to consider disciplinary action(s) to be taken, ensuring that closure takes place with the complainant as well.

Should either the student complainant or employee who is accused disagree with the outcome of the investigation, an ad hoc Peer Relations Review Committee of three employees chosen by the President or the Provost will be established. The Peer Relations Review Committee will follow the same investigatory process as outlined above and make a recommendation as to the results of the Committee’s investigation.

Any member of the College community found to have engaged in prohibited conduct will be subject to discipline up to and including dismissal or expulsion.

Results of any investigation of alleged harassment will be documented and coordinated through Human Resources.

The College will publish this procedure annually for students and employees. Any questions regarding this policy or procedures should be directed to the Associate Vice President for Human Resources.

Retaliation

The College will not retaliate, nor will it tolerate retaliation, against any employee or student who reports or complains of harassment or bullying in the workplace or classroom in good faith, or who participates in an investigation into the same. Following the resolution of any complaint, a student should keep the College informed if any harassment persists. No individual will be subject to disciplinary action for submitting a good faith report of a policy violation. However, any claims of prohibited conduct that are found to be deliberately false will be investigated and the complainant may be subject to disciplinary action. Anyone who believes that s/he has been the subject of a false allegation may meet with the Dean of Students or the Director of Student Rights and Responsibilities, or the Assistant Dean of Students/Director of Student Life.

Confidentiality

The College shall maintain confidentiality to the extent possible within the requirements of conducting reasonable and complete investigations. To the extent possible, only those who have a need to know will be told the identity of the parties to a complaint. In certain circumstances, however, the investigation may disclose the identity of those individuals who claim to have been harassed and/or others involved.

In some instances, a reporting party may ask to take no action or to defer action until a later date in order to maintain anonymity. In these instances, the College reserves the right to limited disclosure and to take appropriate action in order to complete its investigation and to ensure the safety and well-being of other members of the College community.

The College as Complainant

The College reserves the right to initiate a complaint, to serve as complainant, and to investigate allegations of prohibited conduct in appropriate circumstances even in the absence of a complaint from a member of the college community. Results of any investigation involving prohibited conduct will be documented and coordinated through the Office of Student Rights and Responsibilities.