Discriminatory and Harassing Conduct
The college is committed to creating and maintaining an atmosphere where all community members, whether students, faculty, staff or visitors, are treated with respect and dignity.
It is important that anyone who feels that he or she has been a victim of inappropriate, discriminatory, or harassing behavior report the incident as soon as possible. The names of the current harassing conduct officers are printed on page one of the Student Directory, as well as in numerous places within this handbook. After you contact an officer, you will have a full opportunity to explain the situation and events to that person, and an investigation will follow. Officers make every effort to investigate complaints promptly and to communicate with you as they have information. The venue for resolution will vary, depending on the situation, and the officer will also discuss that with you.
The following policies are both from student conduct code and the Faculty Handbook.
6.1 Violent, Abusive, or Obscene Acts.
Policy statements regarding discriminatory and harassing conduct which are excerpted from the Faculty Handbook, and are considered to be part of the student conduct code, follow 6.1.1 of the Student Code, listed below.
6.1.1 Violent, abusive, obscene, or excessively noisy acts, including physical abuse, threat of physical abuse, harassment, or provocations of any person are prohibited.
6.1.3 Telephone, electronic, or other similar harassment, including obscene, annoying, or disruptive and repetitive contacts, is prohibited.
The following policy excerpts from the Faculty Handbook are intended to highlight the conduct expected of both students and college employees, as well as provide guidance for dealing with concerns. Please note that these are edited significantly and students are invited to read the complete text in Preus Library.
408.0 PROFESSIONAL CONDUCT
Luther College, in keeping with its mission to be “a community of faith and a community of learning,” is committed to creating and maintaining an atmosphere in which all members of the community—students, faculty, staff, and administration—are treated with respect and dignity. The following policies were designed not to limit the legitimate exercise of academic freedom, but rather to achieve and maintain the common good. Faculty members are expected to comply with them; non-compliance may be subject to sanction as described in Section 409 in the Faculty Handbook.
408.1 Inappropriate Conduct and Anti-Harassment Policy
All members of the college community are responsible for the maintenance of an atmosphere which fosters openness, tolerance, and diversity. Toward this end, the College is committed to maintaining a campus environment that is free from discrimination and harassment. Discrimination, harassment, and other inappropriate conduct that is based on sex, race, color, national origin, ancestry, religion, disability, age, sexual orientation, or any other unlawful basis is against College policy and will not be tolerated. Voice-mail and electronic communications (such as e-mail and Internet use) are covered by this policy in the same manner as other communications and actions. The College encourages its employees and students to report any incident of possible discrimination or harassment to the College Officers identified in Section 408.1.4.1.
408.1.1 Prohibited Conduct Defined
For the purpose of this policy, prohibited conduct relates to another person’s sex, race, color, national origin, ancestry, religion, disability, age, sexual orientation, or other status protected by law. It includes verbal, visual, or physical conduct where such conduct may have the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.
Prohibited conduct may include, among other things, telling racist or sexist jokes or making offensive or derogatory remarks about another person’s race, ancestry, national origin, age, sexual orientation, or disability. Prohibited conduct may occur through personal contact, comments, telephone communications, visual displays, e-mail, Internet sites, or other material or information intentionally displayed on computer monitors.
Prohibited conduct also includes sexual harassment as defined in the following section.
408.1.2 Sexual Harassment Defined
408.1.2.1 Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment and are prohibited, where:
1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status; or
2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual; or
3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.
408.1.2.2 Sexually harassing conduct may include, among other things, use of suggestive sexual comments, jokes, or innuendo; persistent, unwanted flirtation or invitations for dates or other social activities; unwelcome sexual advances or passes; sexual remarks or questions about a person’s body, clothing, or sexual activities; patting, pinching, or other offensive touching; or displays of sexually suggestive pictures or objects.
408.1.3 Persons Covered
Unlawful discrimination and harassment is prohibited whether it is committed by faculty members, administrators, supervisors, co-workers, or non-employees, including students, vendors, or suppliers. Similarly, College personnel must not engage in prohibited conduct against students, College employees, or employees of the College’s vendors or suppliers.
408.1.4.1 Individuals who become aware of or think they have been subject to discriminatory or harassing conduct are strongly encouraged to contact the College’s Harassing Conduct Officers; Erin Flater, Ann Highum, Leah McCrea, and Gregory Peterson. These officers are appointed annually by the President of the College.
408.1.4.2 Individuals who become aware of or think they have been subject to discriminatory or harassing conduct may also wish to talk to a member of the Counseling staff, members of the Health Service professional staff, or to one of the College Pastors. Because these staff members are professionals with special requirements regarding confidentiality, they are not required to report the incident to the College’s Harassing Conduct Officers unless the individual decides to release the information.
408.1.4.3 After these discussions, if the individual decides to file a complaint with one of the Harassing Conduct Officers, a written summary will be completed by the complainant or the officer in conjunction with the complainant. The summary will include the following information: name, address, and phone number of the complainant; name of the accused; nature of the complaint; date(s) and location(s) of the alleged incident(s); evidence on which the complaint is based.
408.1.4.4 Once the written summary has been completed, the Officer will begin an investigation of the complaint as soon as possible (see Section 408.1.6). The Officer will also inform the faculty member’s Department Head and the Dean of the College about the investigation.
408.1.4.5 Even if a written complaint is not filed, the College may undertake an independent investigation as circumstances warrant and implement remedial measures (see Section 408.1.6.1).
408.1.6 Investigation and Response
408.1.6.1 The Harassing Conduct Officers will take prompt action to investigate complaints of discrimination or harassment. The investigation will gather sufficient information from both the complainant and the accused in order to determine an appropriate response.
408.1.6.2 Upon conclusion of the investigation, the College will take immediate and appropriate action to resolve the complaint informally or through formal sanction proceedings as described in Section 409 in the Faculty Handbook. Any employee found to have engaged in unlawful discrimination, harassment, or other prohibited conduct will be subject to appropriate discipline, from an oral or written warning up to and including discharge. Immediate and appropriate steps will also be taken if any non-employee (such as a student, vendor, or supplier) is found to have unlawfully discriminated against or harassed any students, College employees, or employees of the College’s vendors or suppliers.
408.1.6.3 The College reserves the right to institute temporary measures to respond to reported incidents of harassment or discrimination pending the completion of any applicable complaint resolution process.
408.1.6.4 In cases of incidents of anonymous harassment as determined to be serious by the appropriate harassment officers, a timely, campus-wide release of information regarding the incident will be ensured by the Office of the President.
408.1.7 Files and Confidentiality
408.1.7.1 Files related to complaints of discriminatory or harassing conduct will be kept confidential to the extent possible, consistent with the need for a thorough investigation.
408.1.7.2 The officer(s) shall record the following information in a confidential file for each complaint:
a) names of the complainant, the accused, the officer;
b) written summary of the complaint;
c) notes pertaining to the investigation;
d) findings of the investigation;
e) measures related to the resolution of the complaint.
408.1.7.3 The files of the officer(s) will be stored in the Office of the President, not in personnel or student files. Files of the officer(s) will be retained for seven years after the most recent complaint against the individual, and then destroyed.
408.1.8 Non-Retaliation
The College will not retaliate or take any form of reprisal against any victim of or witness to discrimination or harassment, and any such retaliation or reprisal by a College employee is forbidden. Any employee who retaliates against another employee, student, or witness because of a complaint of discrimination or harassment, or because of participation in any investigation, may be subject to discipline, up to and including termination of employment.
408.1.9 Implementation
The College’s intent in preparing, implementing, and distributing this policy is to maintain a campus environment free from inappropriate conduct and harassment. The College expects the cooperation of all employees in making this policy work in compliance with federal, state, and local laws. Questions about this policy should be directed to the College’s Harassing Conduct Officers: Erin Flater, Ann Highum, Leah McCrea, and Gregory Peterson.
408.2 Consensual Relations Policy
A dating, romantic, or sexual relationship between a faculty member and a student carries risks of conflict of interest, breach of trust, and abuse of power. Under some circumstances — such as those involving teaching, supervising, advising, or counseling students — a student’s freedom of choice is greatly diminished, even in relationships that appear to be based on mutual consent, because of the power differential between the faculty member and the student.
Luther College faculty and staff shall not engage in a dating, romantic, or sexual relationship with students who are currently enrolled in their courses or who are under their direct supervision in any way. In all other situations, faculty and staff considering a dating, romantic, or sexual relationship with a student are required to consider seriously the exploitative possibilities that may be inherent in such relationships. Such relationships are strongly discouraged by the College. Individuals engaging in such relationships render themselves vulnerable to later allegations of sexual harassment or other serious legal claims, as well as the possibility of disciplinary action for unprofessional conduct (see Section 409 of the Faculty Handbook).
408.4 Confidential Information Policy
Many faculty members have access to information about College students, prospective students, employees, and alumni. Most of this information is confidential and must not be disclosed or used for any purpose other than the proper discharge of an individual’s duties at the College. Inappropriate disclosure of confidential information may be subject to sanction, up to and including dismissal, as well as legal action. Questions about whether disclosure of certain information is appropriate should be referred to the faculty member’s Department Head.
408.5 Anti-Violence Policy
408.5.2 Employees are encouraged to report immediately any threatening behavior or the presence of weapons or other prohibited substances on College property or at College-sponsored events to their Supervisor or Department Head and to the Director of Security and Information Services. Reprisals against an employee who reports or experiences any form of workplace violence will not be tolerated.
408.5.3 If the situation warrants, employees should not hesitate to alert local authorities by calling 9-911.
408.6 Drug and Alcohol Policy
Luther College highly values its students and employees and is therefore committed to maintaining a safe and healthful workplace and learning environment free from drug and alcohol abuse. Being under the influence of drugs or alcohol on the job may pose serious safety and health risks to the user and all those who work with the user. The use, possession, sale, transfer, manufacture, distribution, and dispensation of alcohol or illegal drugs also poses unacceptable risks to the maintenance of a safe and healthy workplace.
408.6.1 The following conduct is prohibited:
408.6.1.1 Employees may not consume, possess, sell, manufacture, or transfer alcohol on College property, or while operating College equipment, machinery, or vehicles. The College may make exceptions to this rule for certain business, social, or religious functions sponsored or approved by the College.
408.6.1.2 Employees may not work on campus or at College-related events while impaired by the consumption of alcohol.
408.6.1.3 Employees may not use or possess illegal drugs while working, while on College property, or while operating College equipment, machinery, or vehicles.
408.6.1.4 Employees may not work or report to work under the influence of illegal drugs or with detectable levels of illegal drugs or the metabolites of illegal drugs in their systems.
408.6.1.5 Employees may not manufacture, distribute, dispense, transfer, or sell illegal drugs.
408.6.2 Employees who violate any of these rules will be subject to discipline, up to and including immediate discharge.
408.6.3 Any employee who has reason to believe that the use of legal drugs, such as a prescribed medication, may pose a safety risk to any person or interfere with the employee’s performance of his or her job must report such legal drug use to his or her Supervisor or Department Head. The College shall then determine whether any work restriction or limitation is indicated.
408.6.4 The College encourages employees with substance abuse problems to seek help for their problems before performance problems or other violations of this policy result in disciplinary action or termination of employment. The College will support employees who voluntarily come forward to obtain assistance with substance abuse problems before those problems result in performance problems. If an employee has a substance abuse problem that requires professional treatment, the College’s benefit plans and/or insurance policies may cover some or all of the costs of such treatment.
408.6.5 See Section 606.3 in the Faculty Handbook for the College’s statement of compliance with the “Federal Drug Free Workplace Act.”
409.4 Informal Resolution Process
In many cases, concerns regarding faculty conduct or performance can be resolved informally. Except in cases of serious misconduct, the College will ordinarily attempt to achieve an informal resolution before invoking formal sanction procedures.
409.4.1 Initial Report
In cases of conduct alleged to be in violation of the College’s Inappropriate Conduct and Anti-Harassment policy (see Section 408.1), individuals should report their concern to the College’s Harassing Conduct Officers: Erin Flater, Ann Highum, Leah McCrea, and Gregory Peterson.
In all other cases, when an individual becomes aware that a faculty member may have engaged in misconduct or other unprofessional behavior, the individual should first communicate that concern to the faculty member’s Department Head. If reporting to either would be uncomfortable or inappropriate, the issues should be discussed with the Dean of the College.