Appendices

Appendix A: Nondiscrimination and Anti-Harrassment Policy and Procedures Flowchart

Step 1: Reporting a complaint (in person, email, form)

• Confidential resource
• Reporting outlet
• Required referral

Step 2: Addressing the Complaint

1. Intake interview -> Advisor/Support Person
2. Determination of type of violation
3. Confidentiality or no further action request
4. Interim support measures
5. Notice to respondent

Step 3: Resolution

Formal

• Hearing (Title IX)
• Determination Panel (Non-Title IX)

Informal

• Direct approach
• Mediation
• Other

Appendix B: Supportive Measures/Remedies/Sanctions

Violation of the Non-Discrimination and Anti-Harassment (Title VI and Title IX) Policy and Procedures may result in the use of one or more of the supportive measures, remedies, or sanctions listed below. The items identified in the lists below are not exhaustive or mandatory. Supportive measures are available to the Complainant and Respondent. Remedies are available to the Complainant and the Seminary community. Sanctions only apply to the Respondent. 

1. Supportive Measures (Complainant and Respondent) 

Supportive measures are often referred to as “interim measures” though the two terms are not completely interchangeable. They ensure that the Complainant and Respondent continue to receive equal access to the institution’s education programs without unreasonably burdening the other party. For example, the Respondent may ask to extend a project deadline that overlaps with a hearing or the Complainant may request a different residence to avoid contact with the Respondent. Supportive measures can be used from the receipt of the complaint to the determination of a final outcome, and even thereafter. 

• Supportive measures available may include, but are not limited to: 
• Counseling 
• Extensions of deadlines or other course-related/work-related adjustments 
• Modifications of work or class schedules 
• Arranging to withdraw from or take an incomplete in a class without penalty 
• Campus escort services 
• Mutual or one-way no-contact directives 
• Changes in work or housing locations 
• Dissolution of a campus housing contract and offering a pro-rated refund 
• Leaves of absence 
• Increased security and monitoring of certain areas of the campus 

2. Remedies (Complainant and Seminary Community) 

If after determination of the final outcome the Respondent is found responsible for discrimination or harassment, the Seminary will impose a remedy or remedies as needed to eliminate the harm to the Complainant and the Seminary community and to prevent recurrence. 

• Remedies for the Complainant may include, but are not limited to: 
• An escort between classes and activities 
• Removal from classes and activities shared with the Respondent 
• Removal from a shared residence hall 
• Academic support services such as tutoring 
• Counseling services 
• Providing extra time to complete, retake, or withdraw from a class without an academic or financial penalty 

Remedies for the broader Seminary community may include, but are not limited to: 

• Providing targeted training for a group of students or employees, if the discrimination or harassment created a hostile environment for a particular group, residence location, etc. 
• Training or retraining employees on the school’s responsibilities to address allegations of discrimination or harassment and how to conduct appropriate investigations 
• Developing educational materials to distribute to members of the Seminary community 
• Conducting bystander intervention and discrimination or harassment prevention programs 
• Revising the Seminary’s policies on discrimination and harassment 

3. Sanctions (Respondent)

If a Respondent is found responsible for a policy violation, the final outcome will include sanctions. Disciplinary sanctions vary depend on the magnitude of the violation. In certain limited situations, the Seminary may impose a sanction but suspend or postpone its actual implementation. Failure to comply with the sanction(s) imposed by the Seminary may result in further disciplinary action. Sanctions are based on general principles of fair treatment. 

While attempting to be consistent in its disciplinary decisions, the Seminary also seeks to be fair and sensitive to the facts and circumstances of each individual case. 

Factors considered when determining a sanction may include, but are not limited to: 

• The nature, severity of, and circumstances surrounding the violation(s) 
• The Respondent’s disciplinary history 
• Previous allegations or allegations involving similar conduct 
• The need for sanctions to bring an end to the discrimination, harassment, and/or retaliation 
• The need for sanctions to prevent the future recurrence of discrimination, harassment, and/or retaliation 
• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community 
• The impact on the parties 
• Any other information deemed relevant by the decision-maker(s) 

Sanctions will be implemented as soon as feasible, either upon the decision of the claim, the outcome of any appeal, or the expiration of the window to appeal without an appeal being requested. The sanctions described below are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by the Seminary’s administration. 

A. Student Sanctions 

Sanctions for a student who has engaged in harassment, discrimination, and/or retaliation include, but are not limited to: 

• Required Counseling or Educational Activity – Reading/writing/project assignment designed to help the student understand why the behavior was inappropriate, drug or alcohol assessment/treatment, required counseling sessions, or other discretionary sanctions as deemed appropriate. 
• No Contact Directive – The Seminary may impose a “no contact” directive in appropriate cases. Generally, “no contact” is defined as having no direct or indirect contact with another individual at any time. This includes, but is not limited to, communication that is written, verbal, or physical. Written communication is understood to include all electronic means of communication; including, but not limited to, email, instant messaging, and text messaging. Verbal communication is understood to include phone calls and voice mail messages. A “no contact” directive may include additional restrictions and terms such as dining hours that differ from the Complainant. Students found responsible for violation of the no contact directive may face sanctions that result in immediate removal from campus, suspension, or dismissal. 
• Loss of Privileges – Such loss may include, but is not limited to, financial assistance and eligibility to use specific Seminary facilities or services. 
• Warning – Oral or written notice to the student that the student is violating or has violated the Nondiscrimination and Anti-Harassment Policy and that continuation or repetition of misconduct may result in a more severe sanction. The purpose of the warning is to remind the student of their responsibility and to set guidelines for acceptable behavioral changes required to satisfactorily address the concern. This action is only appropriate in cases that are relatively minor. 
• Disciplinary Probation – Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found in violation of the Nondiscrimination and Anti-Harassment Policy or other policy violations. Probation may also result in the loss of privileges at the discretion of the Seminary. 
• Suspension – Suspension is a temporary, involuntary separation of the student from the Seminary for a definite period of time, after which the student is eligible to return without re-applying through the Office of Admissions, unless the student is absent for two or more academic years, which does require re- application and readmission by the office of admission, as is the case for all students. Conditions for readmission may be specified. 
• Dismissal – Dismissal is the permanent separation of the student from the Seminary. The student is dismissed from the Seminary and is permanently ineligible to re-enroll at the Seminary at any time in the future. When students are suspended or dismissed for disciplinary reasons, there will be no refund of tuition or housing for the semester and all financial assistance for subsequent semesters will be reviewed and is subject to cancellation. 
• Restitution – Compensation for loss, damage or injury. Failure to pay such charges may result in additional sanctions (including, but not limited to, denial of re-enrollment or refusal to release official transcripts and records). 
• Dismissal from Seminary Housing – Loss of privilege to live in Seminary housing. Any student dismissed from Seminary housing prior to the end of the contractual period may be responsible for any remaining monetary charges, and become ineligible for reimbursement for any charges already paid.
• Housing Relocation or Housing Separation – Students may be assigned to a different residential space on campus if they violate policy or demonstrate an inability to continue living in their current community or room. The student may also be separated from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission to the housing facility may be specified. 
• Revocation of Admission – Applicants and admitted students are expected to abide by the same code of conduct as the Seminary’s students and are covered by the same code of conduct. The Seminary reserves the right to revoke admission to admitted or deposited students for fraud, misrepresentation, violation of Seminary standards, or for other serious violations committed by a student prior to enrolling at the Seminary. 
• Withholding and/or Revocation of Degree – The Seminary reserves the right to withhold or revoke a degree awarded from the Seminary for sexual assault and other violations of sexual misconduct. 
• Withholding Diploma/Transcript – The Seminary may withhold a student’s diploma for a specified period of time. The student may also be denied participation in commencement exercises while charges are pending or as a sanction. In addition, the Seminary may withhold a student’s transcript if the student has judicial charges pending or the student was found responsible for violating policy. 

B. Employee Sanctions 

Sanctions for an employee who has engaged in harassment, discrimination, and/or retaliation include, but are not limited to: 

• Performance Improvement/Management Process – The employee will be required to meet established performance goals and measures to address and improve behavior. The employee may be asked to report verbally or in writing on a more regular basis to their supervisor. 
• Required Counseling/Training – The employee will be required to complete training to help the employee understand why their behavior was inappropriate. The training is designed to correspond to the severity and nature of the violation and to clarify the impact of that behavior on members of the Seminary community. 
• Verbal Reprimand – The purpose of a verbal warning is to remind the employee of their responsibility and to set guidelines for acceptable behavioral changes required to satisfactorily address the concern. This action is only appropriate in cases that are relatively minor. 
• Written Letter of Reprimand – A written letter of reprimand is used to identify and describe the continuing problem and to restate the essentials of desired performance or behavior and the employee’s obligation to meet it.
• No Contact Directive – The Seminary may impose a “no contact” directive in appropriate cases. Generally, “no contact” is defined as having no direct or indirect contact with another individual at any time. This includes, but is not limited to, communication that is written, verbal, or physical. Written communication is understood to include all electronic means of communication; including, but not limited to, email, instant messaging, and text messaging. Verbal communication is understood to include phone calls and voice mail messages. A “no contact” directive may include additional restrictions and terms. Employees found responsible for violation of the no contact directive may face sanctions that result in immediate removal from campus, suspension, or termination. 
• Financial Sanction – The employee may not be eligible to receive an annual raise and/or bonus when applicable. Restrictions might also be placed on professional development funds, or a travel ban for professional work may be instituted. 
• Loss of Oversight or Supervisory Responsibility – The employee may be removed from a supervisory role or no longer be allowed to supervise certain employees or areas. 
• Unpaid Leave of Absence – The employee may be asked to take an unpaid leave of absence from the Seminary for a period of time. 
• Suspension with or without Pay – The employee may be suspended with or without pay while the Seminary conducts an investigation into the alleged violation of misconduct. 
• Termination in accordance with the Employee Handbook and/or Faculty Manual – Termination of employment may be an appropriate sanction for serious policy violations. 

C. Sanctions for Visitors, Field Education Site Supervisors, Other Third-Parties 

Sanctions for a visitor, field education site supervisor, or other third party who has engaged in harassment, discrimination, and/or retaliation include, but are not limited to: 

• Not Welcome on Campus Letter – A letter may be provided to any visitor or third party who violates the Nondiscrimination and Anti-Harassment Policy to indicate that they are no longer welcome on the Seminary campus. 
• Termination of Contracts – The Seminary may terminate contracts with companies or services based on a violation of this policy. 
• Removal from List of Approved Field Education Sites – A violation of this policy by a field education site supervisor or failure of the site supervisor or representative to appropriately address issues may be grounds for removing the site from the list of approved field education sites.