Discrimination, Harassment and Hate- or Bias-Motivated Conduct Policy (Not Under Title IX)

This policy applies to the entire Lewis & Clark College community, including, but not limited to, students, student organizations, faculty, administrators, and staff, whether on or off campus, and third parties such as guests, visitors, trustees, volunteers, invitees, and alumni when they are on campus or participating in Lewis & Clark College-sponsored activities. This policy may also pertain to instances in which the conduct occurred outside of the campus or Lewis & Clark College-sponsored activity if the Lewis & Clark College determines that the off-campus conduct affects a substantial Lewis & Clark College interest, including access to the educational program or activity, safety and security, compliance with applicable law, and meeting its educational mission. Any member of the campus community, guest, or visitor who acts to deny, deprive, or limit the educational or employment opportunities and/or benefits of any member of the Lewis & Clark College community on the basis of a protected category, as defined below, is in violation of this policy.

Members of the Lewis & Clark College community are expected to provide truthful information in any report, meeting, or proceeding under this policy.

Any respondent who is not a Lewis & Clark College student, faculty member, or staff member, such as a vendor or guest of the College, is generally considered a third party. Lewis & Clark College’s ability to take appropriate corrective action against a third party may be limited and will depend on the nature of the third party’s relationship, if any, to the Lewis & Clark College. When appropriate, allegations against third-party respondents will be referred to the appropriate entity or office.

The status of a party may impact which resources and remedies are available to them, as described in this policy.

This policy prohibits Discrimination, Harassment, Hate- or Bias-Motivation Conduct and Retaliation as defined below. These acts shall also be referred to as Prohibited Conduct under this policy. Prohibited Conduct includes, but is not limited to, any conduct prohibited under Title VI of the Civil Rights Act of 1964.

[NOTE: This policy does not apply to conduct that is prohibited by the Sex Discrimination, Harassment, and Misconduct Policy Under Title IX, which covers discrimination on the basis of sex (including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, sex-based harassment, and sexual assault.) Please see that policy for details and reporting processes related to such conduct.]

Discrimination

Discrimination is defined as treating members of a protected category less favorably because of their actual or perceived membership in that category. Discrimination is prohibited in any and all programs and activities of Lewis & Clark College, including employment-related activities (such as hiring, firing, transfer, promotion, benefits, compensation, and other terms and conditions of employment).

Protected categories include race, religion, hearing status, color, political affiliation, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, body size, age, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status or any other protected category under applicable local, state or federal law.

Harassment

Harassment is unwelcome non-verbal or physical, verbal, or online conduct that is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic experience or of creating an intimidating, hostile or offensive environment, and would have such an effect on a reasonable person, based on the totality of the circumstances. Harassment prohibited by this policy includes conduct based on the protected categories described above, as well as other forms of unwelcome, hostile, intimidating, threatening, humiliating, or violent behavior that is not necessarily illegal, but nonetheless inconsistent with this policy.

Hate- or Bias-Motivated Conduct:

Hate- or Bias-Motivated Conduct is when a person intentionally humiliates or intimidates another because of one or more of the actual or perceived protected categories outlined above.

Retaliation:

Retaliation is any materially adverse action taken against an individual because they were involved in the disclosure, reporting, investigation, or resolution of a report of Prohibited Conduct. Retaliation includes threats, intimidation, harassment, coercion, discrimination, violence, or any other conduct against any person by the Lewis & Clark College, a student, or an employee or other person authorized by the Lewis & Clark College to provide aid, benefit, or service under the Lewis & Clark College’s education program or activity, for the purpose of interfering with any right or privilege secured by this policy or by law. Adverse action does not include perceived or petty slights, or trivial annoyances.

The prohibition against retaliation applies to any individuals who participate in any manner in an investigation or proceeding, as well as to any student who refuses to participate in an investigation or proceeding.

Retaliation may occur even where there is a finding of “not responsible” under this policy. Good faith actions lawfully pursued in response to a report of Prohibited Conduct are not Retaliation.

Lewis & Clark College is committed to maintaining an environment where intellectual exploration, critical thinking, freedom of inquiry, and creative expression are valued and protected. This policy and procedures are not intended to inhibit or restrict free expression or exchange of ideas, abridge academic freedom, or prohibit educational content or discussions inside or outside of the classroom that includes germane but controversial or sensitive subject matters protected by academic freedom.

Before proceeding with or continuing an investigation of any report of harassment or retaliation that involves an individual’s speech or other communication, Lewis & Clark College will take care to distinguish between protected speech and hostile environment harassment. The College will take action as needed to restore or preserve a person’s access to Lewis & Clark College’s education program or activity.

How to Make a Report to the Lewis & Clark College

All complaints of violations of this policy will be taken seriously and in good faith.

Any person who believes that this policy has been violated may make a report to the Dean of Equity and Inclusion or another member of the Office of Equity and Inclusion, or may file a report by completing this form.

There is no timeline for making a report of harassment, discrimination, or hate- or bias-motivated conduct. However, Lewis & Clark College encourages the prompt reporting of a complaint as the ability of the College to pursue the complaint to conclusion may be hindered by the passage of time.

Employee Reporting Obligations

Lewis & Clark College believes it is important to be proactive in taking reasonable steps to identify and prevent incidents of harassment, discrimination and hate- or bias-motivated conduct. All employees, with limited exceptions as identified by the College, are required to promptly provide all complaints or reports of harassment, discrimination and hate- or bias-motivated conduct shared with them by a student or other employee to the to the Dean of Equity and Inclusion or another member of the Office of Equity and Inclusion, and to share all information reported or made available to them. As an alternative, an employee may file a report by completing this form.

Any employee experiencing discrimination, harassment or hate- or bias-motivated conduct themselves is encouraged to report that information immediately to a responsible College official. Specifically, an employee may make the report to the employee’s immediate supervisor, to higher management, or to Human Resources. As an alternative, an employee may file a report by completing this form. Employees may report to any of the persons listed above, regardless of any reporting structure. All employees are encouraged to document any incidents involving discrimination, harassment, and hate- or bias-motivated conduct as soon as possible.

The following process will be used following the receipt of a report of harassment, discrimination, or hate- or bias-motivated conduct.

Initial Contact

Following receipt of a report alleging a potential violation of this policy, an appropriate College official will contact the complainant to meet for an initial intake and assessment meeting. Depending on the details of the report, the appropriate College official might be the Dean of Equity and Inclusion or another employee from the Office of Equity and Inclusion, Human Resources, the Office of Community Accountability and Conflict Education, or the relevant dean’s office. The complainant will be provided a copy of this policy at that meeting.

Initial Intake & Assessment

The Initial Assessment process seeks to gather information about the nature and circumstances of the report to determine whether this policy applies to the report and, if so, which resolution process may be appropriate, as well as which section of the resolution procedures apply based on the conduct and the status of the parties. An outcome of the Initial Assessment might be that the provision of supportive measures only is the appropriate response. The initial assessment is not a finding of fact or responsibility. If the individual bringing forward the complaint is not the actual complainant, the communication will be limited to general information on policies and processes.

Investigation and Sanctions

If the information provided in the Initial Assessment suggests there has been a potential violation of this policy by an employee, Human Resources, working in collaboration with the Office of Equity and Inclusion and other appropriate College offices, will be responsible for assuring that a prompt and thorough investigation is conducted. If it is determined that an employee has violated this policy, Human Resources will work with the relevant dean or vice president to determine appropriate sanctions and/or remedial actions. Any employee found to have violated this policy may face disciplinary action up to and including dismissal. The College may also subject managers and supervisors who fail to report known discrimination or harassment – or fail to take prompt, appropriate corrective action — to disciplinary action, including potential dismissal.

If the information provided in the Initial Assessment suggests there has been a potential violation of this policy by an undergraduate student, the Office of Community Accountability and Conflict Education, working in collaboration with the Office of Equity and Inclusion and other appropriate College offices, will be responsible for investigating and handling the allegation in a manner consistent with the Student Code Conduct. Any undergraduate student found to have violated this policy may face disciplinary action up to, and including, suspension or expulsion, as provided in the Student Code of Conduct.

If the information provided in the Initial Assessment suggests there has been a potential violation of this policy by a graduate or law student, the relevant dean’s office, working in collaboration with the Office of Equity and Inclusion and other appropriate College offices, is responsible for investigating and handling the allegation in a manner consistent with the applicable student conduct processes applicable in that school and/or program. Any graduate or law student found to have violated this policy may face disciplinary action up to, and including, suspension or expulsion, as provided in the applicable policies governing student conduct in that school and/or program.

If the information provided does not suggest a potential violation of this policy, the matter may nonetheless call for education, mediation, facilitation and/or supportive measures. Such options are described in greater detail on the Bias Assessment and Reporting webpage.

Referrals for Other Misconduct

Lewis & Clark College has the discretion to refer complaints of misconduct not covered by this policy for handling under any other applicable Lewis & Clark College policy or code. As part of any such referral for further handling, Lewis & Clark College may use evidence already gathered through any process covered by this policy.

Nondisclosure Agreements, Nondisparagement Agreements, and No-Rehire Provisions

A nondisclosure agreement is any agreement by which one or more parties agree not to discuss or disclose information regarding any complaint of work-related harassment, discrimination, or sexual misconduct.

A nondisparagement agreement is any agreement by which one or more parties agree not to discredit or make negative or disparaging written or oral statements about any other party or the College.

A no-rehire provision is an agreement that prohibits an employee from seeking reemployment with the College and allows a company to not rehire that individual in the future.

The College will not require an employee to enter into any agreement if the purpose or effect of the agreement prevents the employee from disclosing or discussing conduct constituting discrimination, harassment, or sexual misconduct. An employee claiming to be aggrieved by discrimination, harassment, or sexual misconduct may, however, voluntarily request to enter into a settlement, separation, or severance agreement which contains a nondisclosure, nondisparagement, or no-rehire provision and will have at least seven days to revoke any such agreement.

Time Limitations

Nothing in this policy precludes any person from filing a formal grievance in accordance with a collective bargaining agreement, the Oregon Bureau of Labor and Industries (BOLI) Civil Rights Division or the U.S. Equal Employment Opportunity Commission (EEOC). Note that Oregon state law requires that any legal action taken on alleged discriminatory conduct (specifically that prohibited by ORS 659A.030, 659A.082 or 659A.112) commence no later than five years after the occurrence of the violation. Other applicable laws may have a shorter time limitation on filing.

Obligations in this policy assigned to a particular title, such as the Dean of Equity and Inclusion, may be delegated as appropriate by Lewis & Clark College, including to external professionals.

The U.S. Equal Employment Opportunity Commission (EEOC) and the Oregon Bureau of Labor and Industries (BOLI) investigate reports of unlawful discrimination and harassment in employment.

The U.S. Department of Education, Office for Civil Rights (OCR) investigates complaints of unlawful discrimination and harassment of students and employees in education programs or activities.

For more information, contact the nearest office of the EEOC, BOLI or OCR.

US Department of Education
Office for Civil Rights

U.S. Department of Education
Seattle Office
915 Second Avenue, Room 3310
Seattle, Washington 98174-1099
Phone: 206-607-1600
Fax: 206-607-1601
TDD: 800-877-8339
OCR.Seattle@ed.gov

U.S. Equal Employment Opportunity Commission (EEOC)
https://www.eeoc.gov/contact-eeoc

Oregon Bureau of Labor and Industries
https://complaints.boli.oregon.gov/home/landing

Note that Oregon state law requires that any legal action taken on alleged discriminatory conduct (specifically that prohibited by ORS 659A.030, 659A.082 or 659A.112) commence no later than five years after the occurrence of the violation. Other applicable laws may have a shorter time limitation on filing.

These policies and procedures will be reviewed and updated regularly by the Dean of Equity and Inclusion. The Dean of Equity and Inclusion will submit modifications to this policy in a manner consistent with institutional policy upon determining that changes to law, regulation or best practices require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. The policy definitions in effect at the time of the conduct will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

This policy may be revised at any time without notice. All revisions supersede prior policy and are effective immediately upon posting to the Lewis & Clark College website.