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Student Rights and Responsibilities Statement
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Student Rights and Responsibilities Statement
Student Rights and Responsibilities Statement
Preamble and Premises
The primary mission of The University of Findlay is to equip students for meaningful lives and productive careers. To accomplish this, students must be provided with the opportunity to acquire a liberal arts education to the extent of their abilities, to achieve competence in their chosen disciplines, to explore the significant issues confronting society, and to develop a heightened sense of responsible citizenship. In keeping with this mission, the academic program at The University of Findlay attempts to:
1. Be responsive to the needs of students in a rapidly changing society and to new developments in the understanding of learning;
2. Assist students to become mature adults capable of continuous self education;
3. Develop awareness of self, others, and the environment;
4. Develop understanding of various approaches to knowledge;
5. Develop ability to choose values critically.
The University of Findlay Board of Trustees, as the governing body of the University, is charged by law with the authority and duty to determine policies and to make or approve rules and regulations to promote the mission of the University. This legally-imposed duty includes the authority to delegate administrative responsibilities to supervise and control the conduct of any member or segment of the University community who impedes, obstructs, or seriously threatens the mission of the University.
Together with the Trustees, all members of the University family, individually and in group relationships, share a common responsibility to refrain from conduct which obstructs the achievement of the purposes of the University, interferes with the lawful exercise of rights by other persons, endangers the safety or security of other persons or their property, prevents the proper use of the facilities of the University by persons entitled thereto, or impairs the growth and maintenance of the kind of academic environment which is essential to the operation of an institution of higher learning.
It is assumed that any person admitted as a student at The University of Findlay is aware of its mission and hopes to gain the maximum educational benefits available, both formal and informal. Informal education benefits available to students are those which accrue from participation in the political, social, religious, cultural, aesthetic, and recreational experience related to the non academic life of the University community and contact with the broader public community of which the University is a part.
The student has basic civil and human rights and immunities which the Univer¬sity has a duty to protect and which the student has an obligation to fulfill. Consequently, the proper functioning of The University of Findlay community requires the adoption and enforcement of rules and regulations specific to its own self image and circumstances. A student has the right to the practical experience derived from participation in the formulation and administration of such rules and regulations, especially those most directly concerned with the student’s personal relationship to the University and to his or her fellow students – a community committed to the honoring of responsibilities, the protection of rights, and the goal of equality of treatment for all within the requirements of state and federal law.
I.
The following particular rights of the student are recognized as among those which the University has a duty to foster and protect:
1. The right to pursue educational, recreational, social, religious, cultural, and residential activities.
2. The right to maintenance of a campus environment characterized by safety and good order.
3. The right to organize, join, and maintain membership in associations to promote lawful interests the student holds in common with other students, subject to reasonable and non discriminatory University regulations.
4. The equal right with others to appropriate available services of the faculty, administrative offices, and counseling agencies of the University.
5. The right to fair and impartial evaluation of the student’s academic work.
6. The right to have complete and accurate records kept by the University of the student’s own academic performance and equally accurate records of fellow students with whom he or she is compared for grading and awarding of degrees.
7. The right through the Student Government Association to voice his or her opinion and to participate in the formulation of regulations affecting student affairs.
8. The right within lawful bounds, individually and in association with others, to express dissent, to protest, to petition for redress of grievances, or to demonstrate in support of or against University, city, state, or national policy in a manner not infringing on the rights of others, but subject to the condition that demonstrations staged on campus or University controlled property must conform to University regulations concerning prior notice of time, place, and purpose filed by persons who acknowledge responsibility for leadership of the activity in question.
9. The right to have the University maintain and protect the confidential status of the student’s academic conduct and counseling records. Except under legal compulsion, information contained in such records, with the exception of the studen’s name, mailing address, telephone listing, electronic mail address, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student, will not be released to agencies outside the University without written consent of the student. The student shall specify what categories, if any, of his or her records are excluded from such permission; otherwise the permission will be deemed to be general. If the permission is limited, this fact may be noted on the release. Recognition of this right of confidence shall not, however, infringe on the right of an individual to express his or her unofficial personal judgment within a professional framework as to the ability and character of a student based on personal knowledge and the public reputation the student has made for himself or herself in the University community. A copy of the Family Educational Rights and Privacy Act (FERPA) may be requested through the Office of Student Services.
II.
The following are among the responsibilities recognized as incumbent upon every student:
1. The responsibility to exercise initiative in contributing to and maintaining standards of academic performance as established by the faculty and governing authorities of the University.
2. The personal responsibility for acting in such a manner as to promote and ensure to fellow students and other members of the University family the rights enumerated in the preceding Section I of this statement.
3. Individual responsibility for his or her actions in respect to University rules and regulations.
4. Individual responsibility for his or her actions in respect to the provisions of local, state, and federal laws.
5. Responsibility for conducting himself or herself in a manner which helps to create and maintain a learning atmosphere in which the rights, dignity, and worth of every individual in the University community are respected.
6. Responsibility to refrain from individual and group action which causes loss or damage to property and rights therein of the University, fellow students, or any other member of the University community.
III.
Student participation in University government.
1. Qualified students selected by the student body and representative students selected by the administration shall be given the right to attend, take part in the deliberations of, and have the right to vote at meetings of faculty standing committees such as the Convocations Committee, Athletic Committee, Com¬mittee on Committees, and other standing or ad hoc special committees that may be established in the future with provisions for student representation.
2. Student representatives also shall be selected to attend and take part in the discussion of various standing committees of the Board of Trustees, and other ad hoc special committees, dealing with subject matter of particular interest to students and shall be invited to attend meetings of the Board of Trustees dealing with matters of special interest and given an opportunity in such meetings to express their views and opinions.
IV.
Disciplinary procedures in instances of student misconduct of a non-academic nature not subject to suspension or dismissal.
1. Policy:
a. Violations of University rules, regulations, or policies of a non-academic nature that do not rise to the level of suspension and/or dismissal shall be adjudicated by authorized personnel associated with the Office of Student Services. Outside parties may not represent or be present at a judicial meeting. Sanctions may include but are not limited to: assignment of probation status, monetary fine, community service, restitution, counseling, restriction in campus access, and/or participation in additional educational activities.
2. Appellate procedure:
a. Decisions rendered regarding violations of University rules, regulations, or policies of a non-academic nature that do not rise to the level of suspension and/or dismissal are not subject to appeal and are final when rendered.
3. In instances where the assessment of the prescribed or decided appropriate sanction for lesser offenses render a student subject to suspension or dismissal, the jurisdiction of authorized personnel from the Office of Student Services shall cease. Such cases shall be forthwith referred to the Vice President for Student Services for appropriate action.
V.
Disciplinary procedures in instances of misconduct of a non-academic nature which may subject a student to suspension or dismissal.
1. Investigation of alleged misconduct of a non-academic nature:
a. Investigations of alleged serious misconduct of a non-academic nature shall be made by authorized personnel of the Office of Student Services. Accused students shall be personally interviewed. Before being questioned, a student shall be advised of the specific allegations made against him or her and that he or she is not required to make any statement but may voluntarily make a statement and explanation of the facts and submit information in proof of the same. If, as a result of such preliminary procedures, it appears there is factual basis supporting an allegation which could lead to suspension or dismissal, then the matter will be referred to the Vice President for Student Services for review and possible referral to the Conduct and Discipline Committee* for a more detailed investigation before any decision is made or disciplinary action is taken against him or her.
*The Conduct and Discipline Committee is comprised of up to three faculty members and up to four student members. Committee members are appointed annually based on recommendations from the Student Government Association and the subsequent approval from the Vice President for Student Services. The Vice President of Student Services is not a member of the committee, but is responsible for observing all meetings to insure that appropriate procedures are followed and that all pertinent information is presented.
b. In a matter when a student feels that disclosure of events surrounding his/her actions before a committee may be detrimental to his/her reputation, he/she may request that the Vice President for Student Services adjudicate the matter and not make a referral to the Conduct and Discipline Committee. Should the student choose this alternate route, the Vice President for Student Services will review the matter and render a decision.
2. Conduct and Discipline Committee Meeting:
a. The student shall be furnished with a written statement of the allegations against him/her along with a notice of the time and place of the Conduct and Discipline Committee meeting.
b. The student shall be given (at the discretion of the Conduct and Discipline Committee Chair) reasonable opportunity to introduce information by way of written and/or oral statements from witnesses and otherwise in his/her own defense. Outside parties may not represent or be present at a Conduct and Discipline meeting. The Conduct and Discipline Committee shall weigh the information, reach a decision, and determine and impose the appropriate sanction, if any. The committee’s action shall not be subject to any further appeal in the normal sense except as described in Section V, Item 4.
c. At any time when time factors or vacation periods make it impossible for the regularly appointed Conduct and Discipline Committee to meet, the Vice Presi¬dent for Student Services will appoint an ad hoc committee to meet.
d. During the last 21 days of any semester the Vice President for Student Services, may, with the permission of the President, suspend the student immediately. The student may appeal to the Conduct and Discipline Com¬mittee within 72 hours after the suspension.
e. In the event that it appears the action of a student may present clear and present danger to the campus community, the Vice President for Student Services in consultation with the President may suspend a student imme¬diately. In such an event, the student may appeal this decision to the Conduct and Discipline Committee after the suspension but no later than 72 hours.
3. Copies of the allegation letter sent to the student prior to the meeting and the decision letter sent to the student following the meeting will be kept on file by the Office of Student Services.
4. Appellate procedure:
a. A student who has been found responsible of misconduct of a non-academic nature and who is subsequently suspended or dismissed may file a written application for permission to appeal to the President. Such application shall identify the matter and contain a concise state¬ment of the reason for the appeal (e.g., a claim that the finding of responsibility is contrary to the manifest weight of the information presented at the hearing; that the sanction assessed exceeds that prescribed for the violation for which the student was cited; other substantial errors in the original proceeding) and shall be filed within 72 hours from the pronouncement of the decision.
b. The President shall consider the application as promptly as possible and may call the appellant to appear to make a further statement or explanation in support of the application before deciding whether to grant the application. If it is decided that the application is not merely frivolous and does present a substantial question whether real injustice has been done, the application shall be granted and the matter reviewed. Once the review is completed, the President may sustain, reverse, or modify the decision and orders made in the original decision.
c. The judgment and final orders of the President, including orders denying applications to appeal, shall not be subject to review by or appeal to any higher authority.
5. If the Vice President for Student Services feels that the decision of the Conduct and Discipline Committee is inconsistent with the mission and goals of the institution, he may appeal the decision to the Presi¬dent of the University.
VI.
Disciplinary Procedures in instances of Student Organization Misconduct.
In the event a recognized student organization is accused of misconduct, the following procedure will generally be followed:
1. Upon notification of a violation, a representative from the Office of Student Services will meet with the president of the organization to investigate the situation.
2. If, after investigation, the violation does not warrant loss of University recognition, the matter will be handled following the procedures outlined under Section IV.
3. If, after investigation, the violation appears to warrant loss of University recognition, the matter will be handled following the procedures outlined under Section V.
4. In all instances the president of the accused student organization shall serve as the official spokesperson, and shall be responsible for presenting all information regarding the matter.
5. If a student organization is placed on probation status, any violations occurring during the term of that probation will be investigated by appropriate staff members, and the matter will be adjudicated by the Vice President for Student Services. Decisions rendered by the Vice President for Student Services regarding violations occurring during the probation term shall be final and shall not be subject to appeal.
VII.
Types of misconduct of a non-academic nature which may subject a student to suspension or dismissal.
1. It should be readily understood that misconduct of a non-academic nature which the laws of the land treats as punishable crimes (which may be loosely defined as wrongs against society) usually involve also an element of harm to some individual or group within the broader context. A complex organization such as a university community requires rules and regulations peculiar to its own situation and internal means of enforcing their observance independently from public authority for the protec¬tion of itself and its subgroups and individual members, keeping in mind the principle that discipline should have the primary aim of promoting the welfare of the person who is subject to it and that punishment as a matter of law enforcement is incidental and secondary.
2. The following offenses on the part of a student, when committed on University-owned or -controlled property or against such property or when the offense is against a fellow student or other member of the University family or its invited guests, are considered to be of a nature, depending on the circumstances of the particular case, as to warrant disciplinary action up to the possible level of temporary suspension or permanent dismissal.
a. Attempting or committing physical violence or acts of sexual harassment against any student, faculty member, administrative officer, employee, guest of the University; or against any other person on University owned or -controlled property.
b. Malicious destruction, damage, or theft of personal or University property, including incidents of arson, vandalism, larceny, burglary, breaking and entering, robbery, or embezzlement.
c. Obstructions or disruption of teaching, research, administration, disciplin¬ary procedures, or other authorized activities on University owned or -con¬trolled premises.
d. Alteration, forgery, or misuse of University documents or records including fraudulent misuse of identification cards or furnishing false information to the University with intent to deceive.
e. Violation of published University policies, rules, and regulations concerning fraternities, sororities, and other student organizations; use of University facilities; or concerning the time, place, and manner of meetings and demon¬strations on University owned or -controlled property. (Protection of right of lawful assembly and protest are covered in Section 1, (8) of this joint statement.)
f. Possession or use of firearms, air guns, explosive devices, or materials of any description, or deadly weapons, in violation of civil laws and ordinances and in violation of University regulations concerning safekeeping of lawful firearms.
g. Unlawful possession, use, or distribution of marijuana, narcotics, hallucinogens, barbiturates, amphetamines, prescription drugs, or any other illegal substance.
h. Possession, use, or distribution of beer, wine, or intoxicating liquor.
i. Gambling.
j. Tampering with or misuse of fire alarms or fire fighting equipment.
k. Disorderly conduct of aggravated degree, incitement, enticement, verbal abuse, or lewd, indecent, obscene, or racist conduct or expression on University owned or -controlled property or at University sponsored or -supervised functions.
l. Conduct not herein above specifically listed which is classified as a felony under the provisions of the Ohio Revised Code or Federal Statutes.
m. Refusal to comply with lawful directions of University officials acting in the performance of their duties.
n. Infractions of on-campus housing policies and/or University policies as detailed in this catalog, involving a third appearance before a hearing officer are subject to be treated as a single offense subject to disciplinary procedure under this section.
Earlier sections of this joint statement describe the procedures designed to assure every student who is charged with misconduct of a non-academic nature of fair and impartial consideration and treatment. The penalties referred to, directly or by inference, in those sections range all the way from simple reprimand and minor social probation through restitution, strict disciplinary probation, temporary suspen¬sion, and up to the ultimate point of permanent dismissal. It might appear at first glance that it would be well to prescribe a very particular punishment for infraction of each particular rule. There are good reasons for not so attempting: (1) What should be a brief, understandable statement of principles would become a complex, rigid, self defeating code stressing the negative approach to social interaction; (2) More importantly, substantial inequities would be certain to result from the fact that many given acts of misconduct do vary greatly as to seriousness and appropriate kind and degree of punishment depending on intent and surrounding circumstances which cannot, in the nature of things, all be foreseen and allowed for. Consequently, the real protection against the harsh¬ness and inequities inherent in such a system lies in the adoption of a flexible framework within which administration involving the peers of the accused is provided and the right of meaningful appeal is protected.
3. With respect to serious public offenses committed by students off campus and not directly involving the University or member of the University family, or under circumstances not specifically covered above, the following policy shall apply: It is not the function or the intention of the University to attempt to substitute itself for or duplicate the work of the duly constituted civil authority in dealing with violations of the law and ordinances enacted for the protection of the public. It is understood that the University should not assess additional punishment or penalties, as such, for such infractions. In these cases, when the unique and distinct interests of the University are not involved, its role shall be that of a counselor to the end of helping the student achieve an acceptable adjustment under which he or she can continue his or her education. However, a student who has been formally charged in a civil court with a criminal act of so serious a nature and under such circumstances that the student’s presence on campus is deemed to constitute a real threat to the safety of property of the University or of the persons or property of members of the academic community or whose presence under the circumstances is clearly deleterious to the avowed purposes of the institution, may be suspended for a temporary stated period or pending final determination of the case by the courts. The question of possible dismissal of the student in case of admitted or legally determined guilt shall not be considered or decided pending action in the courts.
VIII.
ACADEMIC DISHONESTY
Disciplinary procedures in instances of student misconduct of an academic nature.
When, in the opinion of a faculty member, a student is responsible for violating University rules, regulations, or policies of an academic nature, the faculty member must notify in writing the Dean of Undergraduate Education upon confirmation of the incident. For reporting purposes, an Academic Dishonesty Form is available in the Office of the Registrar or online at www.findlay.edu (KEYWORD: advising forms). A copy of the form will be forwarded to the college dean, area director/department chair, registrar, and the student. Cases will be handled in a timely manner.
Based on the severity of the violation of University rules, regulations, or policies of an academic nature, the faculty member must choose a course of action. The course of action may include a zero for the assignment, a reduction in possible points for the course, a grade of “F” for the course, or other action outlined by the faculty member. The instructor must include his or her course of action when notifying the Dean. When a student is responsible for violating University rules, regulations, or policies of an academic nature the student will not be permitted to withdraw from the course.
Upon notification from the faculty member, the Dean of Undergraduate Education will notify the student in writing that he or she is charged with violating University rules, regulations, or policies of an academic nature. This written notification will include the course of action the faculty member has chosen. The student then may appeal in writing to charge of violating University rules, regulations, or policies of an academic nature to the Undergraduate Student Academic Standards Committee within five working days of the receipt of the letter of notification from the Dean. If a student is given an “F” for the course, he or she may not continue to attend the course. However, if the student is issued a grade of “F” for the course and appeals to the Undergraduate Student Academic Standards Committee within the five working days, the student may resume attending class pending the final disposition of the matter.
A student accused and found responsible for violating University rules, regulations, or policies of an academic nature a second time during his or her career at The University of Findlay may be dismissed or suspended for a period of time as determined by the Undergraduate Student Academic Standards Committee.
IX.
POLICIES REGULATING EXPERIENTIAL LEARNING
Students who are representing The University of Findlay in any off-campus experience are governed by this policy. This may include internships, service learning opportunities, clinical/field work, student teaching, observations, etc. Students of The University of Findlay are expected to an act in a professional, responsible, accountable, and honest manner at all times and should abide by the Code of Ethics which regulates his/her profession as well as The University of Findlay’s honor code. In addition, the student is expected to be compliant with program policies, procedures, and standards and those of the clinical training site. During experiential learning, all state and federal laws and regulations must be followed. If there is a breach in maintaining these expectations, the following level of action may occur.
Level One: A verbal notice will be used to call a student’s attention to non-compliance with program policies, procedures, and/or program standards as well as those established by the learning site. The verbal notice will be documented in the student’s record. If there is a breach in maintaining expectations, one or more of the following levels of actions may occur in any order.
Level Two Probation: A formal, written document will be composed and delivered to a student regarding the incident of continued non-compliance to the issue prompting a level one action. The student is considered to be on probation and will be closely monitored for academic and/or professional misconduct. The student should closely examine his/her behavior and follow a program prescribed resolution plan to correct the behavior and/or academic performance.
Level Three Suspension: Suspension will result in the termination of the student’s status and participation in program-related activities for a defined period of time with reinstatement possible, provided all specific conditions for reinstatement were met. The student has the right to due process and is invited to engage in the University appeal process as outlined in “Process to be followed After an Experiential Learning Event” provided below.
Level Four Dismissal: Dismissal of a student terminates a student’s status in a program and ends all participation in learning activities. The student does not have the opportunity for readmission to the program. The student has the right to due process and is invited to engage in the University appeal process as outlined in “Process to be followed After an Experiential Learning Event” provided below.
Removal from the Learning Site
When a student’s conduct or health endangers the well-being of others, creates disruption in the experiential learning site, or makes it inadvisable for him/her to remain in the program’s field experiences, the faculty reserves the right to remove him/her from the learning site. If the student supervisor or another representative of the learning site asks to have a student removed from the field experience, the student may be placed in an alternate site with a possible repetition of the rotation. The student’s performance at the new site will be closely monitored to ensure the student’s conduct is consistent with professional standards.
Request to be Removed from a Learning Site
If a student encounters individuals within a learning site who are not professional in their conduct or inconsistent with an appropriate code of ethics, he/she may request to be reassigned to an alternate site. If inappropriate behavior occurs at the site, the student should report the incident immediately to the learning coordinator. A new placement may require the student to repeat the entire rotation.
Background Check
A background check may be completed prior to field experiences. Students must use the program-designated agency for obtaining the background check and release the results to their program. Clinical sites may require additional background checks in an alternate format or time sequence. Full disclosure of any charges and/or convictions of a misdemeanor of felony must be reported prior to the off-campus portion of the program, regardless of how long ago they occurred. The only exceptions are: offenses committed while a juvenile, traffic violations which did not involve drugs or alcohol, or charges which were dismissed. Disclosure of charges and/or convictions will not automatically disqualify your progression in the program.
A student whose background check indicates a felony violation may not be able to obtain a license through his/her state or be eligible to sit for national certification. It is the student’s responsibility to initiate an investigation with the appropriate agency for the purpose of gathering data about obtaining a license or certification. Results of this investigation must be shared with the student’s faculty adviser for informed career planning purposes. Program progression will be decided by the faculty members and/or the clinical site based on the seriousness of the felony, date of occurrence, and the action of the state or certifying agency.
A student with a misdemeanor violation involving drugs, alcohol, or sexual misconduct may not be able to obtain a license through his/her state or be eligible to sit for the national certification. It is the student’s responsibility to initiate an investigation with the appropriate agency for the purpose of gathering data about obtaining a license or certification. Results of this investigation must be shared with the student’s faculty adviser for informed career planning purposes. Students must use the designated agency for obtaining the background check and release the results to their program. Program progression will be decided by the faculty members and/or the clinical site based on the seriousness of the misdemeanor violation involving drugs, alcohol, or sexual misconduct, date of occurrence, and the action of the state or certifying agency.
Students having other misdemeanors in their background should consult with the program director and/or chair about the implications for program progression. Individual decisions will be made about the student’s progression.
Process to Be Followed After an Experiential Learning Event
1. When a learning agency contacts The University of Findlay program about a student’s progress, complete written information will be collected concerning the event.
2. The learning coordinator of the program may visit the site to gather additional information.
3. A review of the situation will occur.
4. A decision about the event will be reached by the faculty member, adviser, and program director and/or department chair. The student will be notified in writing of the decision.
5. The student has the right to appeal the decision to the Experiential Education Committee. This committee will be convened by the dean of the college in which the student is enrolled. The members of the committee shall include: a faculty representative of the College of Health Professions, College of Education, and College of Business as well as two at-large faculty members. In addition, the faculty member of the course in which the student is registered, the student’s adviser, and the program director and/or department chair of the student’s major will attend the meeting. The committee will listen to the student’s appeal as well as the faculty member’s comments and then reach a decision.
6. The program director and/or department chair will notify the student of the Experiential Education Committee’s decision.
7. The student has the right to appeal the decision to the Vice President for Academic Affairs.
X.
NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY
The University of Findlay is committed to fostering an environment in which all individuals are treated with respect and dignity. Each individual has the right to work in an atmosphere that promotes equality and prohibits discriminatory practices, including harassment. Therefore, The University of Findlay expects that all relationships among faculty, staff, and students will be characterized by mutual respect and will be free of bias, prejudice, discrimination, and harassment.
The University of Findlay does not engage in discrimination in its programs, activities, and policies against students, employees, or prospective employees, in violation of state and Federal laws. The University of Findlay prohibits and will not tolerate any such discrimination or related harassment at its facilities, programs, and activities.
The University of Findlay also prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action.
Individuals and Conduct Covered
These policies apply to all faculty, staff, and students, and prohibit harassment, discrimination, and retaliation.
Conduct prohibited by these policies is unacceptable on The University of Findlay campus and at functions related to The University of Findlay off campus.
Definitions of Harassment
a. Sexual harassment constitutes discrimination and is illegal under federal, state, and local laws. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, catcalls, or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal, or visual conduct of a sexual nature.
b. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, sex, age, national origin, disability, sexual orientation, or any other characteristic protected by applicable federal, state, and local laws or that denigrates or shows hostility or aversion toward an individual’s relatives, friends, or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile, or offensive environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work or academic performance; or (iii) otherwise adversely affects an individual’s opportunities.
Harassing conduct includes, but is not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail).
Reporting an Incident of Harassment, Discrimination, or Retaliation
The University of Findlay strongly urges the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender’s identity or position. Individuals who believe they have experienced conduct that they believe is contrary to The University of Findlay’s policy or who have concerns about such matters should file their complaints as follows:
Students believing they have been the victim of discrimination, harassment, or retaliation should initially report the incident(s) to the Vice President for Student Services.
Faculty or staff members believing they have been the victim of discrimination, harassment, or retaliation should initially report the incident(s) to the Director of Human Resources.
The University of Findlay also has a Harassment Hotline. The number is 419-434-6777; your call will be answered confidentially and directed to the appropriate area for help. If you are in immediate danger, security will be notified.
When lodging a complaint, provide the following information:
The complainant’s name, contact information, and status within the University community, including title and departmental information as appropriate;
The basis for a claim of an alleged act(s) of harassment or discrimination: that is, race, color, religion, sex, age, national origin, disability, sexual orientation, or other characteristic;
The name and position in the University community held by the person(s) who committed the alleged act(s);
A brief description of what occurred, including location(s), date(s), time(s), and names of witnesses or individuals who can corroborate the allegations;
The complainant’s reason for concluding that the behavior or action was discriminatory or harassing in accordance with all applicable laws;
Copies of materials, if any, which may be relevant to the investigation of the complaint;
Steps the complainant has taken to date, if any, to resolve the complaint;
A statement indicating the remedy sought by the complainant.
Faculty, staff, or students who have experienced conduct they believe is contrary to this policy have an obligation to take advantage of this complaint procedure. Failure to fulfill this obligation could affect a person’s rights in pursuing legal action.
Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while claims may be filed within 180 days of the harassment or discrimination, The University of Findlay strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken.
The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued.
Investigating an Incident of Harassment, Discrimination, or Retaliation
Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly as follows:
• Allegations made about a student harassing, discriminating against, or retaliating against another student, faculty member, or staff member will be investigated by the Vice President for Student Services.
• Allegations made about a faculty member harassing, discriminating against, or retaliating against another faculty member, a staff member, or a student will be investigated by the Vice President for Academic Affairs.
• Allegations made about a staff member harassing, discriminating against or retaliating against another staff member, a faculty member, or a student will be investigated by the Director of Human Resources.
The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.
Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. University employees and students are obligated to comply with requests to provide statements during an investigation.
Taking Action Regarding an Incident of Harassment, Discrimination, or Retaliation
Upon completion of the investigation, one of the following actions will be taken:
• For allegations made about a student harassing, discriminating against, or retaliating against another student, faculty member, or staff member who has lodged a complaint, the Vice President for Student Services will first pursue resolution through informal counseling with the parties involved. If the matter cannot be resolved by informal counseling, the matter will be referred to the Student Conduct and Discipline Committee. A complainant also may request at any time that his/her complaint be immediately referred to the Student Conduct and Discipline Committee for formal review. This committee will review all information, meet with the parties involved, render a decision, and provide written notification of the decision to all involved parties.
• For allegations made about a faculty member harassing, discriminating against, or retaliating against another faculty member, a staff member, or a student who has lodged a complaint, the Vice President for Academic Affairs will first pursue resolution through informal counseling with the parties involved. If the matter cannot be resolved by informal counseling, the matter will be referred to the Faculty Judicial Committee. A complainant also may request at any time that his/her complaint be immediately referred to the Judicial Committee for formal review. This committee will review all information, meet with the parties involved, render a decision, and provide written notification of the decision to all involved parties.
• For allegations made about a staff member harassing, discriminating against, or retaliating against another staff member, a faculty member, or a student who has lodged a complaint, the Director of Human Resources will first pursue resolution through informal counseling with the parties involved. If the matter cannot be resolved by informal counseling, the matter will be referred to the Staff Affairs Committee. A complainant also may request at any time that his/her complaint be immediately referred to the Staff Affairs Committee for formal review. This committee will review all information, meet with the parties involved, render a decision, and provide written notification of the decision to all involved parties.
Misconduct constituting harassment, discrimination, or retaliation will be dealt with appropriate disciplinary measures. Responsive action may include, but is not limited to, reprimand, probation, suspension, dismissal, counseling, and/or required training.
The appropriate University official shall monitor all reported incidents of alleged discrimination and harassment for an appropriate time period, subsequent to their resolution, to ensure that the offending conduct has ceased, any corrective action has been complied with, and retaliatory actions have not occurred.
Appealing a Decision Regarding an Incident of Harassment, Discrimination, or Retaliation
If a faculty member, staff member, or student making a complaint does not agree with its resolution, a written appeal may be submitted to The University of Findlay President within 72 hours of the notification of the resolution. The decision of the President, in conjunction with the appropriate vice presidents, and/or Chairman or Vice Chairman of the Board of Trustees, will be final.
False Charges:
Once a complaint of sexual harassment and/or discrimination has been made, the University has an obligation to investigate the matter. Any complaint determined to be intentionally dishonest or made maliciously without regard for the truth shall subject such complainant to disciplinary action. The determination as to whether a complaint constitutes a false charge under this section shall be made as part of the complaint resolution process set forth in these procedures.
Records Regarding an Incident of Harassment, Discrimination, or Retaliation
The University of Findlay Human Resources Office will maintain records regarding all cases of harassment, discrimination, or retaliation for a period of at least three years or longer where required by law. These records will include all documentation related to a reported incident and its disposition. Except as required by law, no records maintained by the Human Resources Offices shall be released.