Student Honor Code | NEOUCOM Harrassment and Mistreatment Policy | Matters of Student Conduct

NEOUCOM HARASSMENT AND MISTREATMENT POLICY

I. PREAMBLE

A. The Northeastern Ohio Universities College of Medicine (NEOUCOM) promotes an environment in which all students, faculty, and staff interact on the basis of individual strengths and characteristics, without having those interactions shaped by generalizations or stereotypes based on gender, race color, national origin, religion, physical or mental disability, or age; and to encourage constructive thoughtful and sensitive behavior.

B. NEOUCOM is committed to maintaining a professional and collegial work and learning environment in which all individuals are treated with respect and dignity. Each individual has the right to work and learn in a professional atmosphere.

C. Harassment and mistreatment are serious offenses which may be cause for disciplinary action including, where appropriate, dismissal or expulsion. NEOUCOM will not tolerate harassment in any form on the Rootstown campus, in any affiliated institution, program or agency or by any person.

D. NEOUCOM will commit resources to educational and training programs designed to make members of the NEOUCOM community aware of their responsibilities with respect to this objective.

II. JURISDICTION

A. A complaint may be made by any member of the NEOUCOM community against any other member of the NEOUCOM community if it pertains to NEOUCOM-related activities.

B. A complaint regarding a member of the NEOUCOM community made by a person who is not a member of the NEOUCOM community should be made to the supervisor of the NEOUCOM community member whose behavior is the subject of the complaint.

C. When a faculty member is charged with harassment, this Policy and the procedures promulgated hereunder will be employed in lieu of the procedures outlined in Appendix C of the Bylaws, “Procedure for Sanctions of Faculty Including Censure and Dismissal for Just Cause.”

D. When a student is dismissed, suspended, placed on probation or has any other adverse action taken by an Academic Review and Promotions Committee, he/she may only appeal those actions through the Academic Review and Promotions process.

E. When a student is charged with harassment, this Policy and the procedures promulgated hereunder will be employed in lieu of the procedures outlined in the Bylaws of the Student Conduct Council.

III. DEFINITIONS

A. Abuse, physical – Unwanted, unauthorized or offensive physical contact with another.

B. Complainant – Any person who seeks recourse pursuant to this Policy because he/she has reasonable cause to believe he/she has experienced harassment or mistreatment.

C. Complaint – A statement by a Complainant seeking recourse pursuant to this Policy.

D. Harassment – Any behavior which satisfies the definition of harassment based on a prohibited ground of discrimination, sexual harassment or personal harassment.

1. Harassment based on a prohibited ground of discrimination – Behavior toward another person or persons which is abusive, offensive or demeaning. Such behavior would be viewed by a reasonable person experiencing the behavior as an interference with his/her participation in a College-related activity including discrimination on the basis of race, color, national origin, religion, gender, disability or age.

2. Personal harassment – Words, gestures or actions which tend to alarm, intimidate or demean another.

3.Sexual harassment – For purposes of this Policy, sexual harassment may be defined as unwanted sexual advances, request for sexual favors and other verbal, non-verbal or physical conduct of a sexual nature when:

a.             Submission of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic success;
b.             Submission or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such an individual; or
c.             Such conduct is sufficiently severe, persistent or pervasive to limit a person’s ability to participate in or benefit from the education program or work environment, or to create a hostile or abusive educational or work environment.

E. Investigation Committee – The Investigation Committee will comprise three members who will investigate allegations of harassment or mistreatment to determine whether and to what extent harassment or mistreatment has occurred. In each case of alleged harassment or mistreatment, the Investigation Committee will be chosen by the Responsible Officer from the available pool of faculty, staff and students. The Investigation Committee will contain any members from the department of the alleged victim or alleged respondent.

F. Mistreatment – The manner of treating wrongly; abuse

G. Reasonable person standard – Whether a reasonable person in roughly the same position as the Complainant would judge harassment or mistreatment to have occurred as a result of a behavior or pattern of behavior

H. Respondent – A person or persons against whom an allegation of harassment or mistreatment has been made pursuant to this Policy

I. Responsible Officer – NEOUCOM official who decides whether the Policy has been violated and makes recommendations or decisions regarding remedies or discipline to the President. The Senior Vice President for Academic Affairs and Executive Associate Dean is the Responsible Officer for matters involving students and faculty. The Vice President for Administration and Finance will be the Responsible Officer for matters involving classified or administrative staff. When matters could come under the jurisdiction of either/both Responsible Officer(s), the President shall designate which Responsible Officer bears primary responsibility. If the Responsible Officer is charged with harassment or mistreatment, the matter shall come under the jurisdiction of the President. If the President is charged, the matter shall come under the jurisdiction of the Board of Trustees.

J. NEOUCOM community – All faculty, staff and students of NEOUCOM, student assistants, and any researcher, instructor or student matriculated elsewhere but engaging in programs at NEOUCOM, on any campus or any clinical setting

K.NEOUCOM-related activity – All activities operated under the auspices of NEOUCOM on the Rootstown campus or in any affiliated institution, program or agency

L. Sanctions – A penalty imposed for violation of this Policy. Sanctions include but are not limited to:

1. Faculty sanctions – in order of severity, are reprimand, censure, censure with reduction of salary, suspension with loss of salary, and dismissal.

2. Staff sanctions – are verbal reprimand, written reprimand, suspension without pay, transfer, demotion, dismissal or a combination of these.

3. Student sanctions – are informal reprimand, formal reprimand,

probation, suspension or expulsion.

IV. PRINCIPLES

A. All members of the NEOUCOM community have the responsibility to respect the rights of others.

B. This Policy will not be interpreted, administered or applied to infringe the academic freedom of any member of the NEOUCOM community. The frank discussion of controversial ideas, the pursuit and publication of controversial research and the study and teaching of material with controversial content do not constitute harassment, provided that these activities are conducted in an atmosphere of respect.

C. All members of the NEOUCOM community will be treated equitably under this Policy. All matters arising under this Policy will be dealt with in a fair, unbiased and timely manner.

1. All parties will be advised of the provisions of this Policy and of the procedures available to them.

2. Any Complainant who wishes NEOUCOM to assist in the resolution of a complaint must be prepared to be identified to the Respondent.

3. All parties must be given the opportunity to present evidence in support of their positions and to defend themselves against allegations of harassment or mistreatment.

D. Efforts at informal resolution (as defined in the Procedures) will be used before any formal steps are taken unless the egregiousness of the offense requires immediate formal action.

E. Those responsible for interpreting, administering and applying this Policy will use a reasonable person standard.

F. This Policy is not to be interpreted, administered or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage and discipline employees and students, subject to managerial and instructional policies and procedures.

G. This Policy is not intended to interfere with social or personal relationships among members of the NEOUCOM community.

H. All members of the NEOUCOM community have a responsibility to ensure that NEOUCOM’s working and learning environment is free from harassment or mistreatment. Supervisory personnel bear the primary responsibility for maintaining a working and learning environment free from harassment or mistreatment. They should act on this responsibility whenever necessary, whether or not they are in receipt of complaints.

I. Members of the NEOUCOM community have an obligation to participate in procedures under this Policy.

J. Either party may object to the participation of a person in the investigation or resolution of complaints on the grounds of a conflict of interest or reasonable apprehension of bias.

K. Questions of interpretation, application, or administration of the Policy will be referred to the President, whose decision will be final.

V. USE OF INFORMATION

A. Allegations of mistreatment and harassment, particularly sexual harassment, often involve the collection, use and disclosure of sensitive personal information. Confidentiality must be maintained. Information concerning a complaint may be provided to appropriate NEOUCOM officials on a need-to-know basis. Any person breaching confidentiality may be subject to disciplinary sanction or other appropriate action.

B. Subject to any limits or disclosure requirements imposed by law, any and all information, oral or written, created, gathered, received or complied through the course of a complaint is to be considered confidential by both the Respondent and Complainant, their representatives and advocates, witnesses, and other officials designated by this Policy.

C. All information will be treated as “supplied in confidence for investigatory purposes.” All closed investigatory files will be retained or destroyed by the General Counsel, as appropriate.

D. Any person making an allegation of harassment will be informed of the final disposition of the matter.

HARASSMENT AND MISTREATMENT PROCEDURES

I. INFORMAL PROCEDURES

A. Students
1.Students who feel they have been harassed or mistreated or have a complaint of any type may be counseled in a confidential and informal manner by any one of the following individuals:

a. Professional Development Advising Team or Graduate Student Advisor;

b. Personal Advisor;

c. Office of Women and Medicine or any of the Hospital Women Liaison Officers;

d. Director, Diversity and Multicultural Affairs;

e. Assistant Dean for Student Affairs; and

f. Associate Dean for Clinical Education at each Hospital.

Any of the above named individuals may discuss confidentially an informal compliant with the Responsible Officer(s).

2. Unless a formal complaint is filed, no formal action will be taken by NEOUCOM except as authorized by the Responsible Officer.

3. A student may file a formal complaint within 45 calendar days of the last alleged incident by completing the appropriate form and filing it with one of the persons listed in I. (A)(1) above.

4. After receiving the consent of the Complainant and a detailed statement of the complaint, the Responsible Officer may discuss the complaint with the Respondent in order to seek a mutually acceptable resolution.

5. If no resolution is reached, the Responsible Officer will explain the options for proceeding further to both parties.

B. Informal Complaint Procedure

1. A student who wants to register a complaint about a course instructor, teaching methods, evaluations, or any other course-related matters should:

a. First, bring the matter to the direct attention of the professor or instructor involved;

b. If the matter is not satisfactorily resolved with the respective professor or instructor, approach the chairperson of the academic department in question to seek department review; or

c. If neither step above resolves the complaint, take the matter to the associate dean of the department for a final review and decision.

2. Students who believe they have been subject to any type of mistreatment or who have concerns with the teacher-learner environment are encouraged to follow the steps outlined in I. (B)(1) above. However, a student may also consult with Assistant Dean for Student Affairs who will:

a. Advise students on both informal and formal procedures for addressing their concerns;

b. Provide a confidential forum for expressing concerns and exploring options for addressing them; or

c. May, with the permission of the student, discuss the situation with the person about whom the student has a concern (e.g., faculty member, resident, etc.).

If the assistant dean believes that a significantly inappropriate action has occurred, the assistant dean has the responsibility to discuss the issue with the Senior Vice President for Academic Affairs and Executive Associate Dean, even if the student does not wish to file a formal complaint.

C. Faculty and Staff

1. Faculty or staff who feel they have been harassed or mistreated may be counseled in a confidential and informal manner by any of the following individuals:

a. Individual Supervisors

b.Division Heads

c. Director, Human Resources

d. Director, Diversity and Multicultural Affairs

Any of the above named individuals may discuss confidentially an informal complaint with the Responsible Officer(s).

2. Unless a formal complaint is filed, no further action will be taken by NEOUCOM except as authorized by the Responsible Officer.

3. A faculty or staff member may file a formal complaint within 30 calendar days of the last alleged incident of harassment or mistreatment by completing the appropriate form and filing it with one of the persons listed in I.(C)

5. If no resolution is reached, the Responsible Officer will explain the options for proceeding further to both parties.

II. INTERIM MEASURES

It may be necessary that immediate measures be taken while a complaint is being resolved, investigated or decided. Such measures will not be viewed as disciplinary. Such measures will be recommended by the Responsible Officer to the President

III. FORMAL PROCEDURES

A. Formal Complaint

A formal complaint must be filed by staff or faculty within 30 calendar days of the last alleged incident of harassment or mistreatment. Students must file such complaint within 45 days. A complaint becomes formal when the Complainant completes the official complaint form and delivers it to one of the members of the NEOUCOM community designated to receive such complaints (See I. A. and I. C.). Complaints are then forwarded to the Responsible Officer. The Responsible Officer then adjudicates the matter or if necessary in the case of alleged harassment convenes an Investigation Committee.

Copies of the complaint form will be included in the Student Handbook, Faculty Handbook, the Employee Handbook and on the College’s Web site.

B. Procedures

1. Investigation

The Investigation will be conducted either by the Responsible Officer or the Investigation Committee appointed by the Responsible Officer. The Responsible Officer for student complaints may designate another College official to perform the function outlined herein for the investigation phase. The Responsible Officer will consult the General Counsel on all matters of evidence, procedure or policy interpretation.

2. Confidentiality

Any allegation of harassment brought to the attention of an Investigation Committee will be promptly investigated. Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. Consultation with the General Counsel will not be considered breach of confidentiality at any time during the process.

3. Investigation Process

a) The investigation process may included any or all of the following:

b) Confirm the name and position of the reporting individual.

c) Identify the alleged respondent.

d) Thoroughly ascertain all facts in connection with the alleged incident, beginning by interviewing the reporting individual and the respondent. Questions of all parties should be asked in a nonjudgmental manner.

e) Determine the frequency/type of alleged harassment or mistreatment and, if possible, the dates and locations where the alleged harassment or mistreatment occurred.

f) Find out if any witness observed the alleged harassment or mistreatment. If the reporting individual and the respondent present conflicting versions of the facts, interview any witnesses. Ask how the reporting individual responded to the alleged harassment or mistreatment and determine what efforts, if any, at informal resolution of the matter were made.

g) Determine whether the reporting individual consulted anyone else about the alleged harassment or mistreatment, and take note of who else knows and their response to the disclosure.

h) Develop a thorough understanding of the professional relationship, degree of control and amount of interaction between the respondent and complainant.

i) Determine whether the reporting individual knows of or suspects that there are other individuals who have been harassed or mistreated by the respondent.

j) Determine whether the complainant informed other parties or supervisors of the situation and what responses, if any, complainant received from these individuals.

k) During the first interview with the respondent, remind the respondent that NEOUCOM will not tolerate any retaliation against the complainant for making a complaint.

l) Any reports prepared by the Investigation Committee will be sent to the Responsible Officer.

m) In pursing the investigation, the investigator will try to take the wishes of the complainant into consideration, but should thoroughly investigate the matter, keeping both parties informed of status of the investigation.

n) When the Responsible Officer receives the investigator’s report he/she will give each party an opportunity to comment directly on it. Each party will have the opportunity to comment on the other’s response. Following this, the Responsible Officer will determine whether a violation of the Policy has occurred and will, if necessary, make an appropriate recommendation for discipline to the President.

o) In reaching a decision on the case, the Responsible Officer will use a standard of proof corresponding to a preponderance of the evidence.

p) The Responsible Officer will, after meeting separately with the Complainant and Respondent, decide on an appropriate recommendation for discipline. In making disciplinary recommendations, the Responsible Officer will take these matters into consideration:

1. The severity of the offenses

2. Whether the offense was intentional or unintentional;

3. Whether the offense is an isolated incident or involves repeated acts;

4. Mitigating or aggravating circumstances affecting either party;

5. Whether there was an imbalance in power between the parties.

q) The Responsible Officer will make a recommendation to the President. The President will review all cases where the Responsible Officer makes a recommendation for sanctions.

IV. DISCIPLINE AND SANCTIONS

A. The range of disciplinary sanctions is listed in NEOUCOM Harassment and Mistreatment Policy Section III (L). In addition, the Respondent may be required to participate in a special education or counseling experience. This decision normally will be made within two months of the transmittal of the investigative report of the Responsible Officer.

B. When criminal conduct has occurred or is suspected, the General Counsel will consult as appropriate with the legal authorities.

C. If the Responsible Officer finds that the allegation was frivolous, vexatious or malicious, the Responsible Officer may recommend sanctions against the Complainant.

D. Each party will be informed of the final decision. The final decision and the report of the investigator will be placed in the appropriate personnel file or student file of the party found to have violated the Policy.

V. DOCUMENTATION OF STUDENT COMPLAINTS

A. The Responsible Officer for matters involving students will forward documentation of such complaints to the registrar. The Assistant Dean for Student Affairs will maintain a database on official complaints which will include:

1. The date the complaint was first formally submitted to an appropriate Responsible Officer;

2.The nature of the complaint;

4.The steps taken by NEOUCOM to resolve the complaint;

5. NEOUCOM’s final decision regarding the complaint; and

6. Any other external actions initiated by the student to resolve the complaint; if known to

NEOUCOM

B. The College is required by the North Central Association on Institutions of Higher Education to track all student formal complaints. The Assistant Dean for Student Affairs will maintain these formal complaints, along with the decisions of the hearings. Students should understand that the College is required to share information about complaints with the College’s accreditation agencies. However, individual identities will be shielded.